General Terms and Sales Conditions
MATHILDE CREATIONS, a simplified joint stock company, registered in the MÂCON Registry of Commerce under number 829 236 454, whose registered office is located at 117 rue Pablo Picasso - 71000 MÂCON; European Union VAT number: FR 38 829 236 454 (hereinafter referred to as "MATHILDE CREATIONS") operates the Internet site accessible at the address www.mathilde-m.com
MATHILDE CRÉATIONS offers Internet users who connect to the abovementioned site (hereinafter the "Site") the opportunity to order interior decoration Products manufactured and sold by MATHILDE CRÉATIONS (hereinafter the "Products") under two differents brands: Mathilde M and Blanc d'Ivoire.
1. SCOPE OF APPLICATION - ACCEPTANCE OF THE GENERAL TERMS OF SALE
The present general sales conditions (hereinafter the "GSC"), specify in particular the terms and conditions of order, payment, delivery and possible return of the mentioned Products and are applicable, without restriction or exception, to all sales of Products concluded via the Site, to be delivered in Metropolitan France, including Corsica, Belle-Île-en-Mer, Île d'Yeu and Île de Groix, in Europe and outside Europe in the following countries
- Germany
- Austria
- Belgium
- Bosnia
- Bulgaria
- Croatia
- Denmark
- Estonia
- Greece
- Hungary
- Italy
- Latvia
- Lithuania
- Luxembourg
- Monaco
- Netherlands
- Poland
- Portugal
- Republic of Korea
- Romania
- Slovakia
- Slovenia
- Sweden
The present general conditions are accessible at any time on the Site and prevail over any other version or any other contradictory document.
The online sale of Products on the Site is exclusively intended for consumers (within the meaning of the applicable Consumer Code on the day the order is validated by the Customer, i.e., on the day these General Terms and Conditions are drafted, "any individual who is acting for purposes that are not part of his or her commercial, industrial, craft, liberal or agricultural activity"), acting exclusively for their own benefit, industrial, artisanal, liberal or agricultural activity"), acting exclusively on their own behalf and domiciled in mainland France, including Corsica, Belle-Île-en-Mer, Île d'Yeu and Île de Groix, or in one of the above listed countries (hereinafter referred to as "the Customer").
The Customer declares that he/she has read the present General Sales Conditions, which can be freely consulted on the Site, before placing his/her order and that he/she has received the necessary information and advice in accordance with the stipulations of articles L111-1 to L111-7 of the Consumer Code.
In this respect, each time an order is placed on the Site, the Customer must confirm that he/she has accepted the General Sales Conditions by ticking the box "I have read the General Sales Conditions and I accept them unreservedly" provided for this purpose before validating his/her order. This confirmation, prior to validation of the order, is therefore considered to be unreserved acceptance of these General Sales Conditions.
In accordance with the stipulations of articles 1125 and 1127-1 of the Civil Code, these General Sales Conditions may be kept by computer recording and/or reproduced by the Customer by printing them.
The present General Sales Conditions may, at any time, be amended by MATHILDE CREATIONS, it being however specified that the applicable General Sales Conditions are those in effect at the date of validation of the order by the Customer, as formally accepted by the latter.
The present general conditions only apply to online sales of Products, any other sale by MATHILDE CREATIONS is not subject to the present General Conditions.
2. ONLINE ORDERING TERMS AND CONDITIONS
2.1. Capacity to engage in a contract
The Customer declares on his or her honour that he or she has the capacity to engage in a contract in accordance with the law and in particular with articles 425 and 1146 of the Civil Code, that he or she is not a minor and that he or she is not subject of a legal protection measure, in particular a tutorship.
2.2 Creation of an account
In the case of a first order, the Customer must open a "customer account" and fill in a form specifying certain obligatory fields such as title, surname, first name and e-mail address, so that the order can be taken into account by MATHILDE CREATIONS. Thereafter and for any new order, the Customer shall identify himself with his e-mail address (login) and his password ( the confidentiality of which he is responsible for preserving) by clicking on the link " Connection ".
The Customer may choose to set up a link between his customer account and his Facebook account via a Facebook Login module proposed on the Site.
The information communicated by the Customer when opening a customer account or when placing an order must be complete, accurate and up-to-date. Otherwise, MATHILDE CREATIONS will not be able to fulfil the orders. If the Customer does not wish to communicate such information, MATHILDE CREATIONS will not be able to accept the order.
2.3. Placing the order - Characteristics of the Products
It is up to the Customer to select the Products he/she wishes to order and which are available for sale and appear on the Site on the day of its visit by the Customer. MATHILDE CREATIONS reserves the right to withdraw any Product appearing on the Site at any time. MATHILDE CREATIONS undertakes to offer Products that comply with the applicable standards relating to the personal health and safety in terms of regulated chemical substances.
The characteristics, properties and main features of the Product are presented on the Site. The Customer is responsible for reading them before placing an order. MATHILDE CREATIONS reserves the right to amend the content of the information appearing on the Site.
MATHILDE CREATIONS takes the utmost care and precision in the presentation and description of the proposed Products on the Site (including photographs and graphics) in the technical limits of the existing IT systems and in compliance with the best market standards. It is however possible that non-substantial errors may appear on the Site, which the Customer acknowledges and accepts.
The difference in perception between the Products and the photographs or graphics presented on the Site cannot be considered as a non-conformity of the supplied Product. Likewise, slight variations in the representation of the Products can neither engage the responsibility of MATHILDE CREATIONS nor affect the effectiveness of the purchase. Furthermore, there may be a difference between the delivered Product and its representation on the Site, in particular with regard to handmade Products for which the consistency of the production cannot be perfectly guaranteed.
Once the Product has been selected by the Customer on the page of the Site, the following page displays the chosen Product as well as the product sheet. By clicking on the "Product description" tab, the Customer can view the description and by clicking on the "Characteristics" tab, the Customer can read the characteristics of the Product. If the Customer views a bulky Product, a "truck" pictogram appears informing the Customer that the bulky Product will be delivered to the Customer's home by the MATHILDE CREATIONS carrier, by prior appointment. The Customer will then have to indicate the quantity before adding the relevant Product to his basket.
The Customer is aware of the different delivery methods on this page: https://mathilde-m.com/fr/content/1-livraison
The Customer can view his/her basket by clicking on the "My basket" icon; the page then automatically displays all the selected Products, their quantity, their unit price and the total price, as well as the shipping costs. On this same page, the Customer will be able to correct possible errors before confirming his order and formally expressing his acceptance by clicking on the "Order" icon.
As soon as the order is confirmed, it is sent to MATHILDE CREATIONS for processing. It can only be modified and/or cancelled under the conditions stipulated by the applicable law (unavailability of the product, payment problem, etc.).
An order confirmation is automatically sent to the Customer by e-mail, to the registered address provided by the Customer. This order confirmation includes: the list of ordered Products, their price, delivery methods, costs and dates. In the case of an order combining the two different categories of Products as defined in article 5.1.1, the Client will receive an order confirmation for each category of ordered Product. The Customer must immediately inform MATHILDE CREATIONS of any errors and/or omissions in the order confirmation compared to the online order. As soon as this order confirmation is sent, the purchase will be considered as final.
The data registered by the Site as indicated in the above mentioned e-mail, constitute the proof of all the transactions between MATHILDE CREATIONS and its Customers; it is therefore recommended to the Customer to print or keep a copy of the order confirmation.
MATHILDE CREATIONS reserves the right to refuse and/or cancel any order that does not comply with these General Sales Conditions, any order that is abnormal in terms of ordered quantities or any order placed by a Customer who has made unreasonable claims or returns, or with whom there is a conflict.
2.4. Orders in Europe (excluding Monaco and Belgium) and outside Europe
The delivery of MATHILDE CREATIONS' Products cannot be ensured in certain geographical areas of the abovementioned countries. In this case, at the time of ordering, the Customer will not be able to finalise his order and will be informed that his postal code is not being served.
The Customer is informed that in the event of delivery of a Product in Europe, with the exception of Monaco and Belgium, or in a country outside Europe, he/she may only order standard Products as defined in article 5.1.1 below. In the event of an order grouping several standard Products, the order should not exceed 30 kg.
Under no circumstances can the customer order a bulky Product.
3. PRICING / AVAILABILITY
3.1. Pricing
The Products presented on the Site are sold at the applicable prices at the time of confirmation of the order by the Customer.
The prices include all taxes, except shipping costs. They take into account the VAT rate and the ecotax applicable on the day of the order. Any change in the applicable rate will be reflected in the prices of the Products after the date of the new effective rate.
In the event of an order from outside mainland France, including Corsica, the Customer will be considered as the importer of the relevant Products and will be responsible for any customs duties, local taxes, import duties or state taxes that may be due, which will be at his expense and will be his sole responsibility.
Delivery costs are detailed in article 5 below and confirmed before the Customer validates his order.
All mentioned prices are subject to evident typographical errors and/or computer bugs.
The price of each of the Products as well as the amount of any additional costs, such as shipping costs, are communicated to the Customer before validation of his/her order and then acknowledged in the order confirmation.
The pricing is valid as long as it is displayed on the Site; MATHILDE CREATIONS reserves the right to change at any time and without notice the prices of the products on the Site, given that the applicable prices for an order are those in place at the time of the validation of the order by the Customer.
It is expressly agreed between the Parties that in the event of a breach by one party of any of its obligations, the provisions of Article 1223 of the Civil Code shall not be applied.
3.2. Product availability
The Product offers are valid as long as they are displayed on the Site, and as long as stocks are available. MATHILDE CREATIONS reserves the right to change at any time and without notice the Products offered on the Site.
In the event that the Product selected on the Site is unavailable, the Customer can view the Product sheet but cannot click on the "Add to cart" tab to order it.
In case of error or unavailability of the Product after placing the order, especially in the case of simultaneous orders of the same Product by several Customers, MATHILDE CREATIONS will inform the Customer by telephone as soon as possible, proposing to him :
- either to order another Product, at an equivalent price, presented on the Site as a replacement,
- or to cancel the order. If the Customer chooses to cancel the order, a refund of the price will be made within 14 days of payment at the latest, using the same means of payment that was used to pay for the order (credit to the bank account linked to the used credit card) or credit to the PayPal account.
4. TERMS OF PAYMENT
Any order placed on the Site binds the Customer to pay the amount immediately. The amount is payable in full on the day the order is placed by the Customer, by secure payment:
- by PayPal (for the latter, the general conditions of use of PayPal apply); in this case, the Customer's financial information is not transmitted to MATHILDE CREATIONS, as PayPal encrypts and protects the Customer's information. The customer pays online by simply indicating his e-mail address and password.
- by credit card (Carte Bleue, Visa, MasterCard). The Customer acknowledges that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. The Site uses an electronic payment system, integrating the 3D Secure system, which is a system for securing online payments, on the secure platform managed directly by the bank CIC - Lyonnaise de Banque. When making a payment, the Customer indicates his card number, its date of validity and the cryptogram on the back of the bank card.
The debit of the Customer's bank card will take place at the moment of the confirmation of the payment operation carried out by the Customer in the secure payment environment of the financial partner of MATHILDE CREATIONS. The Customer therefore authorizes in advance his bank to debit his bank card at the moment of the registration or the statements transmitted via the above mentioned secure environment, even in the absence of invoices signed by the bank card holder.
All bank commissions related to an order are paid as follows:
- Commission of the bank of MATHILDE CREATIONS - on the account of MATHILDE CREATIONS.
- Commission of the bank - on behalf of the Customer.
In the event that, for any reason (stop payment, refusal of the issuing centre...), the debit of the sums due by the Customer turns out to be impossible, the purchase will be immediately cancelled, the order will be cancelled and the Customer will not be delivered.
The deadlines indicated on the Site only run from the date on which the due amounts are debited. The availability of a Product may change up to the stated date as defined above.
5. DELIVERY
5.1. Terms of delivery
5.1.1. Delivery methods offered
The delivery method depends on the weight and size of the Product ordered:
- Standard products: the Products are delivered by a carrier specialised in express delivery and the courier will arrive at the delivery address mentioned on the order confirmation:
- GLS for parcels under 30 kg (including packaging and wrapping), whose length is less than 2 metres or if the sum of length + width + height is less than 3 metres.
- Delivery possible via Mondial Relay (through GLS).
In case of delivery in Europe, except for Monaco and Belgium, and outside Europe, the Customer does not benefit from the above-mentioned option. Delivery will necessarily be made by GLS to the Customer's home.
- Bulky products: any order for a Product whose total weight exceeds 30 kg (including packaging) is considered bulky. Products are also considered bulky if their length is greater than 2 metres or if they are more than 3 metres long (calculation: 2 x height + 2 x width + 1 x length). Delivery will be made by a carrier specialised in the delivery of heavy parcels. The Product will be packed and delivered in such a way as to ensure maximum protection of the Product. The specialised carrier will make an appointment directly with the Customer to arrange a delivery date within the time limit set on the order confirmation.
In the event of an order combining the two categories of Products, delivery will be made on a split basis, by two separate carriers.
5.1.2. Delivery times
The delivery dates depend on the delivery method chosen by the Customer on the Site. The delivery of the Products will take place on the date stated to the Customer on the Site at the time of the order and confirmed in the order confirmation sent by e-mail to the Customer and, in the case of delivery by the specialised carrier, the date and time will be agreed between the specialised carrier and the Customer.
MATHILDE CREATIONS will do its utmost to respect the delivery dates indicated; however, this deadline is not binding and in any case, the delivery will be made at the latest within 30 working days from the day of receipt of the full payment of the total amount of the order made by PayPal or by credit card.
In case of strike or any other exceptionnal event having the effect of slowing down or preventing the delivery of the parcels, MATHILDE CREATIONS will make its best efforts to inform the Customer of the progress of the shipment of his parcel, but cannot be held responsible for the resulting delays.
In any case, the delivery within the deadlines can only take place if the Customer has communicated to MATHILDE CREATIONS exact information on the receiver's details. In case of error, MATHILDE CREATIONS shall not be held responsible for the non-delivery of the Products at the requested place and time. Furthermore, in case of delivery of bulky Products, if the delivery cannot be made within the time limit due to the Customer for any reason whatsoever (absence of the Customer, lack of information, impossibility for the carrier to contact the Customer...), MATHILDE CREATIONS can not be held responsible.
Under the conditions set out above and in compliance with the terms of article L216-2 of the French Consumer Code, the Customer may cancel the contract in the event of failure to respect the given delivery deadline, by registered letter with acknowledgement of receipt or in writing on another durable medium, on the condition that the Customer has previously requested MATHILDE CREATIONS to carry out the delivery within a reasonable additional period of time by registered letter with acknowledgement of receipt.
The Customer will then be refunded within fourteen (14) days from the date of cancellation of the contract (receipt of the second registered letter by MATHILDE CREATIONS) in compliance with the terms of article L216-3 of the Consumer Code.
After shipment of the ordered Products, MATHILDE CREATIONS will send the Customer an e-mail confirming the shipment. The Customer will also be able to follow the shipment of the parcel by logging on to his customer account.
5.1.3 Delivery costs
Delivery costs depend on the Products and the delivery method chosen by the Customer on the Site and are calculated on the total amount of the order.
In the event of an order combining standard Products and bulky Products:
- the delivery costs are cumulative,
- the Customer may not opt for delivery to a collection point, including for standard products; only home delivery will be proposed,
- delivery will be made by a specialised carrier for bulky and voluminous Products and the GLS carrier for standard Products. The delivery costs indicated in the order include the shipping rates for both carriers.
Overview of delivery costs for standard Products delivered via GLS and Mondial Relay: Metropolitan France (excluding Corsica / Belle-Île-en-Mer / Île d'Yeu / Île de Groix) + Monaco + Belgium
Overview of delivery costs for Standard products delivered via GLS and Mondial Relay : Corsica / Belle-Île-en-Mer / Île d'Yeu / Île de Groix
Overview of delivery costs for Standard products delivered via GLS / EUROBUSINESS PARCEL OR EURO-FDS: in Europe (excluding Monaco and Belgium) and outside Europe
Zone 1 : Luxembourg, Netherlands, Germany, Italy, Denmark, Austria, Hungary, Poland, Czech Republic, Slovenia, Slovakia, Spain, Portugal.
Zone 2: Sweden, Finland, Romania, Estonia, Latvia, Lithuania, Bosnia, Bulgaria.
Zone 3: Greece, Croatia.
Summary table of delivery costs Bulky products delivered via the specialised carrier: Metropolitan France (excluding Corsica / Belle-Île-en-Mer / Île d'Yeu / Île de Groix) + Monaco + Belgium
Overview of delivery costs Bulky goods delivered via specialised carrier: Corsica / Belle Ile / Ile d'Yeu / Ile de Groix
5.2. Delivery
MATHILDE CREATIONS delivers the Customer's orders in Metropolitan France, including Corsica, Belle-Île-en-Mer, Île d'Yeu, Île de Groix, Monaco and Belgium.
5.2.1. Delivery address
The Products purchased on the Site are delivered to the delivery address indicated by the Customer when ordering online.
An incorrect delivery address, place of delivery or any other problem leading to make a new delivery will be invoiced to the Customer at the effective cost of the new delivery, which will be charged at the additional cost.
5.2.2. Specificities related to bulky Products
Prior to any order for bulky Products, the Customer must ensure that the Product, in particular due to its size and volume, can be carried to the place of delivery (in the room of the Customer's choice) by the existing access routes. The Customer must ensure that all accesses such as doors, stairwells, lifts, steps, corridors, etc. allow the Product to be delivered.
It is expressly specified that MATHILDE CREATIONS does not deliver the Products through a window and will not assemble the Products. However, MATHILDE CREATIONS may unpack the Product. If the Customer fails to comply with the above provisions and if it is impossible to deliver the Product, and without prejudice to the provisions of Article 8 below, either :
- the carrier will be instructed to bring the Product back to the premises of MATHILDE CREATIONS, the latter will not be held responsible for a lack of timely delivery. The costs related to a second delivery will be invoiced to the Customer.
- the customer will have the option of accepting delivery of the Product in front of the door of the delivery address.
5.3. Claims
The Customer undertakes to carefully check, at the moment of delivery, the number of Products delivered, the good condition of the packaging and the presence of any transport damage and to indicate, if necessary, on the delivery note and in writing with his/her signature, any discrepancy in this regard. The Customer is advised that the standard mention "subject to unpacking" is insufficient. Otherwise, the Customer shall be deemed to have received the Products in the ordered quantity and without transport damage.
These claims for missing or damaged goods must be confirmed by registered letter with acknowledgement of receipt to the carrier within 3 days of receipt. Within the same period, these claims must also be confirmed to MATHILDE CREATIONS by sending an e-mail or a registered letter with acknowledgement of receipt to the customer service.
MATHILDE CREATIONS undertakes to replace or refund as soon as possible and free of charge, the Products delivered whose defects of conformity or apparent or hidden defects will have been duly proven by the Customer under the conditions provided for in Article 9 below.
6. INVOICE
Neither the order form nor the order confirmation serves as an invoice.
The invoice can be viewed and downloaded by the Customer on his customer account after his order has been dispatched.
7. TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS
The transfer of ownership of the Products will only be made to the Customer after full payment of the price by the latter, regardless of the delivery date.
Whichever the date of transfer of ownership and in accordance with Article L216-4 of the French Consumer Code, the transfer of the risks of loss and damage to the Products will only take place when the Customer takes physical possession of the Products.
8. RIGHT OF WITHDRAWAL
8.1. Conditions of withdrawal
In accordance with Article L. 221-18 of the French Consumer Code, the Customer benefits from a period of fourteen (14) days from the date of receipt of the ordered Products on the Site to make use of his/her right of withdrawal, without having to justify his/her reasons or pay any penalties.
The Customer who decides to exercise his right of withdrawal, when this is possible, shall do so by means of the withdrawal form provided for this purpose and available online on the Site Click here to download the withdrawal form or any other statement, unambiguous, expressing his wish to withdraw, before the expiry of the period stipulated above, in accordance with the provisions of Articles L221-21 and L221-22 of the Consumer Code.
8.2. Return of Products
The Customer shall return the Products at his/her own expense, in their original packaging or in a packaging enabling optimal protection of the Product during their return shipment, in perfect condition and together with the Product return form that can be downloaded and printed by the Customer by logging into his/her customer account, as well as the duly completed retraction form, available on the Site. Click here to download the withdrawal form.
In case of return of a bulky Product, MATHILDE CREATIONS will send, on request of the Customer, an estimate, relating to the expenses of return, established by its usual carrier. The Customer remains free to use the carrier of his choice to organise the return of the bulky Product.
MATHILDE CREATIONS will not accept the return of any Product with carriage due cash on delivery.
The Products must be returned to the following address
MATHILDE CREATIONS - E-boutique Customer Service
117 rue Pablo Picasso
71000 MÂCON8. RIGHT OF WITHDRAWAL
8.1. Conditions of withdrawal
In accordance with Article L. 221-18 of the French Consumer Code, the Customer benefits from a period of fourteen (14) days from the date of receipt of the ordered Products on the Site to make use of his/her right of withdrawal, without having to justify his/her reasons or pay any penalties.
The Customer who decides to exercise his right of withdrawal, when this is possible, shall do so by means of the withdrawal form provided for this purpose and available online on the Site Click here to download the withdrawal form or any other statement, unambiguous, expressing his wish to withdraw, before the expiry of the period stipulated above, in accordance with the provisions of Articles L221-21 and L221-22 of the Consumer Code.
8.2. Return of Products
The Customer shall return the Products at his/her own expense, in their original packaging or in a packaging enabling optimal protection of the Product during their return shipment, in perfect condition and together with the Product return form that can be downloaded and printed by the Customer by logging into his/her customer account, as well as the duly completed retraction form, available on the Site. Click here to download the withdrawal form.
In case of return of a bulky Product, MATHILDE CREATIONS will send, on request of the Customer, an estimate, relating to the expenses of return, established by its usual carrier. The Customer remains free to use the carrier of his choice to organise the return of the bulky Product.
MATHILDE CREATIONS will not accept the return of any Product with carriage due cash on delivery.
The Products must be returned to the following address
MATHILDE CREATIONS - E-boutique Customer Service
117 rue Pablo Picasso
71000 MÂCON
In accordance with Article L221-23 of the French Consumer Code, the Products must be returned by the Customer within fourteen (14) days of notification of his/her decision to withdraw.
Only Products returned in perfect condition for resale will be accepted; namely:
- The Products must be new, unused, in their original box perfectly intact and in perfect condition for resale;
- The Products must be accompanied by their accessories,
- The cosmetic Products must not be unsealed.
As a result, Products returned incomplete, damaged, opened or bearing traces of use will not be refunded to the Customer.
8.3. Refunds for customers
Within the time limit and under the conditions mentioned above, MATHILDE CREATIONS will refund the total amount paid by the Customer (including the initial delivery costs, related to the returned Product and possibly invoiced by MATHILDE CREATIONS to the Customer) using the payment method used to pay for the order, and this within fourteen (14) days following the date on which the right of withdrawal was applied for.
In the event that the conditions for exercising the right of withdrawal described above have not been respected when the Product has been returned by the Customer to MATHILDE CREATIONS, the Customer will be able to receive again at his own expense the Product that he has returned, in the state in which it was returned to MATHILDE CREATIONS.
It will be up to the Customer to provide proof of this return, the costs and risks of return being borne by the Customer.
9. LEGAL GUARANTEE
In accordance with the legal stipulations, it is noted that MATHILDE CREATIONS guarantees the Customer, without additional payment and independently of the right of retraction:
- defects of compliance of the product purchased under the conditions of article L217-4 and following of the Consumer Code;
- and hidden defects of the product purchased under the conditions of articles 1641 and following of the Civil Code;
When claiming on the basis of the legal guarantee of compliance, the Customer :
- has a period of two years from the date of delivery of the product to act;
- may choose between the reparation or the replacement of the product, subject to the conditions of expense provided for by article L. 217-9 of the Consumer Code;
- is exempted from proving the existence of the defect in compliance of the good during the twenty-four months following the delivery of the product.
The legal guarantee of compliance, in respect of which MATHILDE CREATIONS cannot waive or limit its coverage, applies independently of any commercial guarantee.
In the event that the action based on the guarantee of hidden defects of the purchased product is brought within two years following the detection of the hidden defect by the Customer, under the conditions provided for in articles 1641 and following of the Civil Code, the latter may request either the cancellation of the purchase, or a reduced purchase price in accordance with article 1644 of the Civil Code.
In the event that MATHILDE CREATIONS agrees, a pre-paid label will be sent to the Customer in order that the latter will not have to advance the delivery costs of the return of the Product.
In case of non-conformity of the delivered Product, the Customer may ask MATHILDE CREATIONS either to repair or to replace the affected Product. However, MATHILDE CREATIONS may refuse the proposed method in favour of the other method, if the Customer's choice would result in a cost that is clearly disproportionate to the other possible method of compliance (Article L. 217-9 paragraph 2 of the Consumer Code).
In addition, the Customer may request a reduction in price or cancellation of the contract in the following three cases (Article L. 217-10 of the Consumer Code): (i) if repair and replacement are impossible, (ii) if the requested compliance cannot be carried out within one month of the Customer's complaint, and (iii) if compliance cannot be carried out without major inconvenience to the Customer given the nature of the product and its intended use. However, termination of the contract may not be requested for a minor lack of compliance.
In any event, the Products must be returned in their original condition, in packaging that ensures maximum protection of the Product and must be complete, together with a copy of the invoice or, failing that, the Customer's contact details and order number to the following address
MATHILDE CRÉATIONS - E-boutique Customer Service
117 rue Pablo Picasso
71000 MÂCON
The Customer is advised to keep proof of this return.
Products that are returned incomplete, altered, damaged or broken by the Customer will not be refunded, replaced or repaired.
If the above-mentioned conditions are respected, MATHILDE CREATIONS will refund the delivery costs, using the same payment method as that used to pay the order, within thirty (30) days following receipt of the returned Products by MATHILDE CREATIONS.
10. LIABILITY - EXCLUSIONS
All the Products sold by MATHILDE CREATIONS comply with the standards in effect in France and are guaranteed under the conditions set out in article 9 above.
MATHILDE CREATIONS shall not be held liable, including under the legal guarantees, in the following cases
- Storage which is harmful to the proper preservation of the Product,
- Incorrect installation or assembly not in accordance with the instructions,
- Neglect, lack of maintenance,
- Normal wear and tear of the Product due to its nature, composition or function,
- Abnormal use of the Product or not in compliance with the use for which it is intended,
- Modification or repair of the Product by the Customer or by a third party,
- Force majeure as defined below or external events such as disruption, flooding, fire, impact, vandalism, water damage, natural or artificial light.
In any case, the acceptance of responsibility for indirect and/or immaterial damages such as the cost of labour in the event of assembly and/or dismantling by a professional is excluded.
MATHILDE CREATIONS does not accept any responsibility or guarantee in case of malfunction of the Internet, in particular in case of delay in transmissions or any other malfunction. MATHILDE CREATIONS cannot guarantee the absence of interception of messages transmitted by Internet.
MATHILDE CREATIONS shall not be held responsible for any damage, temporary or permanent, caused to the Customer's computer system, nor for any loss or damage that may be suffered in particular as a result of accessing or browsing the Site.
The transmission of data via the Internet may lead to the appearance of errors and/or the fact that the Site is not always available. Consequently, MATHILDE CREATIONS cannot be held responsible for the availability and interruption of the online service.
MATHILDE CREATIONS does not assume any responsibility, of any nature whatsoever, in the event that a Customer has fraudulently used the Site.
In the event of a case of force majeure that would prevent MATHILDE CREATIONS from fulfilling its obligations, the contract will be immediately cancelled, as of the notification made by MATHILDE CREATIONS to the Client, by all means. In the same way, MATHILDE CREATIONS will inform the Client of the termination of this event and the execution of the contract will then immediately resume on the date of this notification.
If such an event should continue beyond one month after the date of notification, the contract will be considered terminated by right. The sums received by MATHILDE CREATIONS before this date will then be refunded to the Customer.
11. FORCE MAJEURE
MATHILDE CREATIONS cannot be held responsible in case of delay in the execution or the impossibility of executing its obligations due to :
- a case of force majeure,
- labour conflict, partial or total strike at the vendor, suppliers, service providers, carriers, telecommunications, public services..,
- the breakdown of power and transport supplies,
- administrative decisions of a general nature,
- a fault of the carrier,
- or any other cause beyond the control of MATHILDE CREATIONS.
The Party noting the event of force majeure shall without delay inform the other Party of its impossibility to execute its obligations. The suspension of its obligations will not in any case be a cause of responsibility for non-execution of the obligation in question, nor lead to the payment of damages.
As soon as the cause of the suspension of their obligations has ended, the Parties shall make their best efforts to resume normal fulfilment of their obligations.
12. DATA PROCESSING AND FREEDOM OF INFORMATION
Within the framework of the commercial relations and sales operations between the Parties, personal data (hereinafter the "Data") allowing the direct or indirect identification of a physical person are likely to be exchanged, such as in particular the names and surnames of employees in charge of sales operations.
In this respect, MATHILDE CREATIONS has set up an external confidentiality policy which is freely accessible on the Site.
13. INTELLECTUAL PROPERTY
The content of the Site is the property of MATHILDE CREATIONS and its partners and is protected by French and international laws on intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an act of counterfeiting.
14. NON WAIVER
The fact that MATHILDE CREATIONS refrains from demanding at a given moment the execution of any of the provisions of the present General Sales Conditions cannot be interpreted as a waiver to claim the said total or partial non-execution subsequently.
15. APPLICABLE LAW - LANGUAGE
These General Sales Conditions and the operations arising from them are governed by and subject to French law.
These General Sales Conditions are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall be authoritarive in the event of a dispute.
16. DISPUTES
All disputes to which the purchase and sales operations concluded in application of the present General Sales Conditions could result, regarding their validity, their interpretation, their execution, their cancellation, their consequences and their results and which could not be resolved between MATHILDE CREATIONS and the Customer, will be submitted to the relevant courts under the conditions of common law.
In accordance with the provisions of articles R152-1 et seq. of the Consumer Code, the Customer is informed that he may in any case have access to conventional mediation, in particular through the "Online Dispute Resolution" platform (RLL) accessible at the following address http://ec.europa.eu/consumers/odr/ or through the existing sectorial mediation bodies, the references of which are given below, or to any alternative method of dispute resolution (conciliation, for example).
Contact details for the Mediator: https://medicys.fr/
17. PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having been informed, prior to placing his/her order, in a legible and comprehensible manner, of these General Sales Conditions and of all the information and details referred to in Articles L. 111-1 to L. 111-7 of the Consumer Code, and in particular :
- the essential characteristics of the Products, taking into account the means of communication and with regard to the Products;
- the price of the Products and related costs (e.g. delivery);
- in the absence of immediate execution of the contract, the date or the deadline by which MATHILDE CREATIONS undertakes to deliver the Product;
- information relating to the identity of the vendor (MATHILDE CREATIONS), its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context;
- information related to the legal guarantees and their terms of application;
- the functionalities of the digital content and, where applicable, its compatibility;
- the possibility of seeking conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), the cost of returning the Products and other important terms of the contract.
The fact that a Customer orders on the Site implies full and complete acceptance of these General Sales Conditions, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be inapplicable to MATHILDE CREATIONS.
18. CUSTOMER SERVICE
The MATHILDE CREATIONS customer service is available from Monday to Friday from 10am to 12pm and from 2pm to 5pm:
- By phone : +33 (0)3 85 33 09 50
- By post :
MATHILDE CRÉATIONS - E-boutique Customer Service
117 rue Pablo Picasso
71000 MÂCON
- By filling in our contact form here.