MATHILDE CRÉATIONS, a simplified joint-stock company, registered in the Mâcon Trade and Companies Register under number
MATHILDE CRÉATIONS offers internet users who connect to the said site (hereinafter the "Site") the opportunity to order interior decoration Products, manufactured and sold by MATHILDE CRÉATIONS (hereinafter the "Products") under three different brands: Mathilde M. and Blanc d'Ivoire.
1. SCOPE OF APPLICATION – ACCEPTANCE OF THE GTC
These general terms and conditions of sale (hereinafter the "GTC") set out in particular the terms for ordering, payment, delivery and any return of said Products and are applicable, without restriction or reservation, to all sales of Products concluded via the Site, for delivery 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, Belgium, Luxembourg and the Netherlands, Denmark, Spain, Hungary, Italy, Poland, Portugal, Czech Republic, Slovakia, Austria, Bulgaria, Croatia, Estonia, Finland, Greece, Latvia, Lithuania, Romania, Slovenia and Sweden.
These general terms and conditions are accessible at any time on the Site and take precedence over any other version or any other contradictory document.
The online sale of Products on the Site is exclusively reserved for consumers (within the meaning of the Consumer Code in force on the date of validation of the order by the Customer, i.e., on the date of drafting of these GTC: "any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity"), acting exclusively on their own behalf and domiciled in metropolitan France, including Corsica, Belle-Île-en-Mer, Île d'Yeu and Île de Groix, or in one of the countries listed above (hereinafter " the Customer").
The Customer declares that they have read these GTC, freely available on the Site, prior to placing their order, and that they have received the necessary advice and information in accordance with the provisions of articles L111-1 to L111-7 of the Consumer Code.
In this regard, for each order placed on the Site, the Customer must confirm their acceptance of the GTC and that they have accepted them by ticking the box "I have read the general terms and conditions of sale and I accept them without reservation." provided for this purpose before validating their order. This confirmation, prior to validation of the order, therefore constitutes acceptance without restriction or reservation of these GTC.
In accordance with the provisions of articles 1125 and 1127-1 of the Civil Code, these GTC may be stored by computer recording and/or reproduced by the Customer by printing them.
These GTC may, at any time, be modified by MATHILDE CRÉATIONS, it being however specified that the applicable GTC are those in force on the date of validation of the order by the Customer, as formally accepted by the latter.
These general terms and conditions apply only to online sales of Products; any other sale by MATHILDE CRÉATIONS is not subject to these GTC.
2. ONLINE ORDER TERMS
2.1. Capacity to contract
The Customer declares on their honor that they have the capacity to enter into contracts in accordance with the law and in particular articles 425 and 1146 of the Civil Code, that they are not a minor and are not subject to a protective measure, in particular guardianship.
2.2. Account creation
For a first order, the Customer must open a "customer account" and fill in a form specifying certain mandatory fields, including in particular the title, last name, first name and email address, so that their order can be processed by MATHILDE CRÉATIONS. Subsequently and for any new order, the Customer will identify themselves using their email address (username) and their password (the confidentiality of which they will be responsible for maintaining) by clicking on the "Log in" link.
The Customer may choose to set up a link between their customer account and their Facebook account via a Facebook Login module offered on the Site.
The information provided by the Customer when opening their customer account or when placing each order must be complete, accurate and up to date. Failing this, MATHILDE CRÉATIONS will not be able to process the orders. If the Customer does not wish to provide such information, MATHILDE CRÉATIONS will not be able to respond favourably to their order.
2.3. Placing the order – Product characteristics
It is the Customer's responsibility to select the Products they wish to order that are available for sale and listed on the Site on the day of their consultation. MATHILDE CRÉATIONS reserves the right at any time to remove any Product displayed on the Site. MATHILDE CRÉATIONS undertakes to offer Products complying with current standards relating to the safety and health of persons with regard to chemical substances with regulated content.
The main characteristics, properties and particularities of the Product are presented on the Site. The Customer is required to review them before placing any order. MATHILDE CRÉATIONS reserves the right to modify the content of the information appearing on the Site.
MATHILDE CRÉATIONS takes the greatest care and accuracy in the presentation and description of the Products offered on the Site (including photographs and graphics) within the limits of technology, the computer equipment used, and in compliance with the best market standards. However, it is possible that non-material errors may appear on the Site, which the Customer acknowledges and accepts.
Any difference in perception between the Products and the photographs or graphics presented on the Site does not constitute non-conformity of the delivered Product. Likewise, minor variations in the representation of the Products can neither engage the liability of MATHILDE CRÉATIONS nor affect the validity of the sale. Furthermore, a difference may exist between the delivered Product and its representation on the Site, particularly with regard to handcrafted Products for which complete uniformity of production cannot be guaranteed.
Once the Product has been selected by the Customer on the Site page, the following page displays the chosen Product along with 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 review the Product's characteristics. When a Customer views a bulky Product, a "truck" pictogram appears informing the Customer that the bulky Product will be delivered to their home by MATHILDE CRÉATIONS' carrier, by appointment. The Customer must then indicate the quantity before adding said Product to their cart.
The Customer is informed of the various delivery terms on this page: https://mathilde-m.com/fr/content/1-livraison
The Customer can view their cart by clicking on the "My cart" icon; the page then automatically displays all the selected Products, their quantity, their unit price and the total price, as well as the shipping charges. On this same page, the Customer will have the opportunity to correct any errors before definitively validating their order and formally expressing their acceptance by clicking on the "Order" icon.
Once validated, the order is transmitted to MATHILDE CRÉATIONS for processing. It may only be modified and/or cancelled under the conditions required by applicable law (product unavailability, payment issue, etc.).
An order confirmation is automatically sent to the Customer by email, to the address provided by the Customer. This order confirmation includes in particular: the identification of the Products ordered, their price, the delivery methods, charges and dates. In the event of an order combining both categories of Products as defined in Article 5.1.1, the Customer will receive an order confirmation for each category of Product ordered. The Customer must immediately notify MATHILDE CRÉATIONS of any errors and/or omissions contained in this order confirmation compared to the order entered online. From the moment this order confirmation is sent, the sale will be considered final.
The data recorded by the Site as summarized in said email constitutes proof of all transactions entered into between MATHILDE CRÉATIONS and its Customers; it is therefore recommended that the Customer print or retain a copy of the order confirmation.
MATHILDE CRÉATIONS reserves the right to refuse and/or cancel any order that does not comply with these GTC, any abnormal order with regard to the quantities ordered, or any order placed by a Customer who has made abusive claims or returns, or with whom a dispute exists.
2.4. Order in Europe (excluding Monaco) and outside Europe
Delivery of MATHILDE CRÉATIONS Products cannot be guaranteed in certain geographical areas of the countries mentioned in Article 1 above. In this case, when placing an order, the Customer will not be able to finalize their order and will be informed that their postal code is not 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, only standard Products as defined in Article 5.1.1 below may be ordered. In the event of an order combining several standard Products, the order may not exceed 30 kg.
The Customer will under no circumstances be able to order a bulky Product.
3. PRICE / AVAILABILITY
3.1. Price
The Products presented on the Site are sold at the prices in force at the time the Customer validates their order.
Prices are inclusive of all taxes (incl. VAT), excluding delivery charges. They take into account the VAT rate as well as the eco-tax applicable on the day of the order. Any change in the rate will be reflected in the prices of the Products after the date on which the new applicable rate comes into force.
In the event of an order placed outside Metropolitan France, including Corsica, the Customer will be considered the importer of the Products concerned and will be solely responsible for any customs duties, local taxes, import duties or state taxes that may be applicable, which shall be borne exclusively by the Customer.
Delivery charges are detailed in article 5 below and confirmed before the Customer validates their order.
All prices are given subject to obvious typographical errors and/or computer bugs.
The price of each Product and the amount of any additional charges, such as delivery charges, are communicated to the Customer before validation of their order and then confirmed in the order confirmation.
Price offers are valid for as long as they are visible on the Site; MATHILDE CRÉATIONS reserves the right to change the prices of Products offered on the Site at any time and without prior notice, it being recalled that the prices applicable to an order are those in force at the time of 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 apply.
3.2. Product availability
Product offers are valid for as long as they are visible on the Site, and subject to available stock. MATHILDE CRÉATIONS 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 may view the Product sheet but will not be able to click on the "Add to cart" tab to order it.
In the event of an error or unavailability of a Product after the order has been placed, in particular in the case of simultaneous orders for the same Product by several Customers, MATHILDE CRÉATIONS will inform the Customer by telephone as soon as possible, offering them:
- or 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 their order, a refund of the price will be made no later than 14 days from payment, using the payment method used to settle the order (credit to the bank account linked to the bank card used, or credit to the PayPal account).
3.3. Discounts, reductions and gifts
Discount codes are sometimes offered on our site or sent to certain customers: only discount codes distributed by our site are valid for accessing a discount on your order or item. They are only valid under the specific conditions indicated, during the given periods and for the products and/or product categories that are not excluded. In order to benefit from the discount linked to the code, it is strictly mandatory to enter it in the field reserved for this purpose in the basket at the time of ordering and before its validation. If forgotten at the time of ordering, no discount code can be applied retrospectively by our Customer Service to an already placed order. Unless otherwise specified, discount codes are valid outside of ongoing promotions, excluding shipping costs, and cannot be combined with other discount codes.
Discounts or reductions granted to Customers, on an individual basis (individual discount code) or on a collective basis (general discount code), cannot be combined with other discounts or reductions on the same order. When combining is possible, this is indicated at the time the discount or reduction code is sent.
4. PAYMENT CONDITIONS
Any order placed on the Site obliges the Customer to pay the price immediately. The price is payable in full on the day the order is placed by the Customer, via secure payment:
- by PayPal (for the latter, PayPal's general terms and conditions of use apply); in this case, the Customer's financial information is not transmitted to MATHILDE CRÉATIONS, as PayPal encrypts and protects said Customer information. The Customer therefore pays online by simply entering their email address and password.
- by credit card (Carte Bleue, Visa, MasterCard). The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. The Site uses electronic payment integrating the 3D Secure system, which is a system for securing online payments, on the secure PayPlug platform. At the time of payment, the Customer enters their card number, expiry date and the security code on the back of the credit card.
The debit of the Customer's credit card will take place at the time of confirmation of the payment transaction carried out by the Customer in the secure payment environment of MATHILDE CRÉATIONS' financial partner. The Customer therefore authorises their bank in advance to debit their credit card upon presentation of the records or statements transmitted via said secure environment, even in the absence of invoices signed by the card holder.- in installments with Alma: installment payment is available through our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
- Purchase amount:
P3X: Only purchases between €500 and €3,600 are eligible for payment with Alma.
P4X: Only purchases between €500 and €3,600 are eligible for payment with Alma.
- Fees: by paying in installments with Alma, the Customer pays no fees.Alma is a remote payment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.
Termination
Any termination of the GTC binding the Seller and the customer entails the termination of the GCU between Alma and the customer.
All bank charges related to an order are paid as follows:
- Commission of MATHILDE CRÉATIONS' bank – charged to MATHILDE CRÉATIONS' account.
- Bank commission – for the Customer's account.
In the event that, for whatever reason (opposition, refusal by the issuing centre, etc.), the debit of the sums owed by the Customer proves impossible, the sale will be immediately cancelled, the order will be cancelled and the Customer will not be delivered.
The timeframes indicated on the Site only begin to run from the date of debit of the sums owed. The availability of a Product may change up to said date as defined above.
5. DELIVERY
5.1. Delivery terms
5.1.1. Available delivery methods
The delivery method depends on the weight and size of the ordered Product:
- Standard products: delivery of the Products is carried out by a specialist delivery service and the delivery person will present themselves at the address indicated on the order confirmation:
• DPD for parcels below 30 kg (including packaging and wrapping), whose length is less than 2 metres or whose developed length is less than 3 metres.
• Delivery possible via Pickup DPD relay points.
In the event of delivery in Europe, with the exception of Monaco and Belgium, and outside Europe, the Customer does not benefit from the option mentioned above. Delivery will be made compulsorily by DPD to the Customer's home address.
- Bulky Products: any order for a Product whose total weight exceeds 30 kg (including packaging) is considered bulky. Products whose length exceeds 2 metres or whose developed measurement exceeds 3 metres (developed measurement calculation: 2 x height + 2 x width + 1 x length) are also considered bulky. Delivery will be carried out by a specialized carrier for heavy parcels. The Product will be packaged and delivered in a manner that ensures maximum protection of the Product. The specialized carrier will contact the Customer directly to arrange a delivery date within the timeframe set out in the order confirmation.
In the event of an order combining both categories of Products, delivery will be carried out in a split manner, by two separate service providers.
5.1.2. Delivery timeframes
Delivery dates depend on the delivery method chosen by the Customer on the Site. Delivery of the Products will take place on the date indicated to the Customer on the Site at the time of ordering and confirmed in the order confirmation sent by email to the Customer and, in the case of delivery by the specialized carrier, the date and time will be agreed upon by mutual agreement between the specialized carrier and the Customer.
MATHILDE CRÉATIONS will use its best efforts to meet the indicated delivery dates; however, this timeframe is not binding and in any event, delivery will be made no later than 30 working days from the date of receipt of full payment of the principal and ancillary price, made at the Customer's choice by PayPal or by credit card.
In the event of a strike or any other exceptional event having the effect of slowing down or preventing the delivery of parcels, MATHILDE CRÉATIONS will make its best efforts to inform the Customer of the status of their parcel's shipment, but cannot be held responsible for any resulting delays.
In any event, timely delivery can only occur if the Customer has provided MATHILDE CRÉATIONS with accurate contact details for the recipient. In the event of an error, MATHILDE CRÉATIONS cannot be held responsible for the impossibility of delivering the Products to the intended place and time. Furthermore, in the event of delivery of bulky Products, if delivery cannot take place within the stipulated timeframe due to the Customer for any reason whatsoever (customer absence, lack of information, impossibility for the carrier to reach the customer, etc.), MATHILDE CRÉATIONS cannot be held responsible.
Subject to the foregoing and in accordance with the provisions of Article L216-2 of the Consumer Code, the Customer may cancel the contract in the event of failure to comply with the delivery deadline indicated, by registered letter with acknowledgement of receipt or in writing on another durable medium, provided however that the Customer has first made a request to MATHILDE CRÉATIONS to carry out delivery within a reasonable additional timeframe by registered letter with acknowledgement of receipt.
The Customer will then be refunded within (14) fourteen days from the date of termination of the contract (receipt of the second registered letter by MATHILDE CRÉATIONS) in accordance with the provisions of Article L216-3 of the Consumer Code.
After dispatch of the ordered Products, MATHILDE CRÉATIONS will send the Customer a dispatch confirmation email. The Customer will also have the option of tracking the parcel by logging into their customer account.
5.1.3 Delivery charges
Delivery charges depend on the Products and the delivery method chosen by the Customer on the Site and are calculated on the total order.
In the event of an order combining standard Products and bulky Products:
- shipping costs are cumulative;
- the Customer will not be able to opt for delivery to a collection point, including for standard products; only home delivery will be offered to them,
- delivery will be carried out by a specialized carrier for bulky and oversized Products and by the DPD carrier for standard Products. The delivery charges indicated in the order include the shipping rates for both carriers.
Zone 1: Germany, Belgium, Luxembourg and the Netherlands
Zone 2: Denmark, Spain, Hungary, Italy, Poland, Portugal, Czech Republic and Slovakia
Zone 3: Austria, Bulgaria, Croatia, Estonia, Finland, Greece, Latvia, Lithuania, Romania, Slovenia and Sweden
Summary table of delivery costs for bulky products delivered via the specialized carrier: Metropolitan France (excluding Corsica / Belle-Île-en-Mer / Île d'Yeu / Île de Groix) + Monaco
Summary table of delivery costs for bulky products delivered via the specialized carrier: Corsica / Belle Île / Île d'Yeu / Île de Groix
5.2. Delivery
MATHILDE CRÉATIONS delivers Customers' orders to metropolitan France, Corsica, Belle-Île-en-Mer, Île d'Yeu, Île de Groix, and Monaco.
5.2.1. Delivery address
The Products purchased on the Site are delivered to the delivery address indicated by the Customer in their online order.
An error in the delivery address, delivery location, or any other problem requiring a new delivery to be made will be invoiced to the Customer at the actual cost of the new delivery, which will be subject to payment of these additional charges.
5.2.2. Specificities relating to bulky Products
Prior to any order for bulky items, the Customer must verify that the Product, in particular by its size and volume, can be transported to the delivery location (at the gate or at the foot of the building) via the existing access routes. The Customer must ensure that all access routes allow the Product to be transported.
It is expressly stated that MATHILDE CRÉATIONS does not deliver Products through the window and will not assemble the Products. However, MATHILDE CRÉATIONS may unpack the Product. Should the Customer fail to comply with the provisions set out above and in the event of impossibility to deliver the Product, and without prejudice to the provisions of article 8 below, either:
- the carrier will be instructed to return the Product to MATHILDE CRÉATIONS' premises; the latter cannot be held responsible for failure to deliver within the agreed timeframes. The costs associated with a second delivery will be charged to the Customer.
5.3. Claims
The Customer undertakes to carefully check, at the time of delivery, the number of Products delivered, the condition of the packaging and the absence of any transport damage, and to indicate, where applicable, on the delivery note and in the form of handwritten reservations accompanied by their signature, any such anomaly. The Customer is informed that the standard mention "subject to unpacking" is insufficient. Failing this, the Customer will be deemed to have received the Products in the quantity ordered and without transport damage.
These reservations for missing items or damage must be confirmed by registered letter with acknowledgement of receipt to the carrier within 3 days of receipt. Within the same timeframe, these reservations must also be confirmed to MATHILDE CRÉATIONS by sending an email or a registered letter with acknowledgement of receipt addressed to the customer service department.
MATHILDE CRÉATIONS undertakes to replace or refund, as quickly as possible and at its own expense, the Products delivered whose conformity defects or apparent or hidden flaws have been duly proven by the Customer under the conditions set out 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 in their customer account after dispatch of their order.
7. TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS
Transfer of ownership of the Products will only be completed in favor of the Customer after full payment of the price by the latter, regardless of the delivery date.
Regardless of the date of transfer of ownership and in accordance with article L216-4 of the Consumer Code, the transfer of the risks of loss and deterioration of the Products shall only take place at the time the Customer physically takes possession of the Products.
8. RIGHT OF WITHDRAWAL
8.1. Withdrawal conditions
In accordance with article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from the date of receipt of the Products ordered on the Site to exercise their right of withdrawal, without having to justify any reason or pay any penalties.
The Customer who decides to exercise their right of withdrawal, when this is possible, must 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 unambiguous declaration expressing their wish to withdraw, before the expiry of the period provided for above, in accordance with the provisions of Articles L221-21 and L221-22 of the Consumer Code.
8.2. Product returns
The Customer must return the Products at their own expense, in their original packaging or in packaging providing optimal protection for the Product during return transit, in perfect condition and accompanied by the Product return form, which can be downloaded and printed by the Customer by logging into their customer account, as well as the duly completed withdrawal form available on the Site. Click here to download the withdrawal form.
In the event of the return of a bulky Product, MATHILDE CRÉATIONS will send, upon the Customer's request, a quote relating to the return costs, drawn up by its usual carrier. The Customer remains free to use the carrier of their choice to organise the return of the bulky Product.
No Product return with carriage due or cash on delivery will be accepted by MATHILDE CRÉATIONS.
Products must be returned to the following address:
MATHILDE CRÉATIONS - Customer Service E-boutique
117 rue Pablo Picasso
71000 MÂCON
In accordance with Article L221-23 of the Consumer Code, Products must be returned by the Customer no later than fourteen (14) days following the communication of their decision to withdraw.
Only Products returned in a perfect resaleable condition will be accepted; namely:
- Products must be new, unused, in their original packaging in perfectly intact condition and in a perfect resaleable condition;
- Products must be accompanied by their accessories,
- Cosmetic Products must not be unsealed.
As a result, Products returned incomplete, damaged, harmed, opened or showing signs of use will not be refunded to the Customer.
8.3. Customer refunds
Subject to compliance with the timeframe and conditions mentioned above, MATHILDE CRÉATIONS will refund the full amount paid by the Customer (including the initial delivery charges relating to the returned Product and potentially invoiced by MATHILDE CRÉATIONS to the Customer) using the payment method used to settle the order, within fourteen (14) days following the date on which the right of withdrawal was exercised.
In the event that the conditions for exercising the right of withdrawal described above have not been complied with, while the Product has been returned by the Customer to MATHILDE CRÉATIONS, the Customer may receive the returned Product back at their own expense, in the condition in which it was returned to MATHILDE CRÉATIONS.
It will be the Customer's responsibility to retain proof of such return, with the costs and risks of return borne by the Customer.
9. LEGAL WARRANTY
In accordance with the statutory provisions, it is recalled that MATHILDE CRÉATIONS guarantees the Customer, without additional payment and independently of the right of withdrawal:
- non-conformity defects of the goods sold under the conditions of article L217-4 et seq. of the Consumer Code;
- and hidden defects of the goods sold under the conditions of articles 1641 et seq. of the Civil Code;
When acting on the basis of the legal warranty of conformity, the Customer:
- has a period of two years from delivery of the goods to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempt from proving the existence of the lack of conformity of the goods for twenty-four months following delivery of the goods.
The statutory warranty of conformity, from which MATHILDE CRÉATIONS cannot exempt itself or limit its scope, applies independently of any commercial warranty.
If an action based on the warranty against hidden defects of the item sold is brought within two years of the Customer's discovery of the hidden defect, under the conditions set out in Articles 1641 et seq. of the Civil Code, the Customer may request either the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Subject to the foregoing, any return of a Product by the Customer is subject to the prior agreement of MATHILDE CRÉATIONS, which may obtain upon request any supporting evidence for the Customer's claim: details, photographs… If MATHILDE CRÉATIONS agrees, a prepaid label will be sent to the Customer so that the latter does not have to advance the return delivery costs of the Product.
In the event of non-conformity of the delivered Product, the Customer may ask MATHILDE CRÉATIONS either to repair or to replace the Product concerned. However, MATHILDE CRÉATIONS may refuse the option proposed in favour of the other option, if the Customer's choice entails a cost that is manifestly disproportionate compared to the other possible method of bringing the product into conformity (article L. 217-9 paragraph 2 of the Consumer Code).
Furthermore, the Customer may request a price reduction 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 remediation cannot be implemented within one month of the Customer's claim, and (iii) if remediation cannot be achieved without significant inconvenience to the Customer given the nature of the goods and the use they are seeking. However, cancellation of the contract may not be requested for a minor non-conformity.
In any event, Products must be returned in their original condition, in packaging ensuring maximum protection of the Product and complete, accompanied by a copy of the invoice or, failing that, the Customer's contact details and order number, to the following address:
MATHILDE CRÉATIONS – Customer Service E-boutique
117 rue Pablo Picasso
71000 MÂCON
The Customer is advised to keep proof of this return.
Products returned incomplete, modified, damaged or harmed by the Customer will not be refunded, replaced or repaired.
Subject to compliance with the conditions mentioned above, MATHILDE CRÉATIONS will refund the delivery charges, using the payment method used to pay for the order, within thirty (30) days of receipt by MATHILDE CRÉATIONS of the returned Products.
10. LIABILITY – EXCLUSIONS
All Products sold by MATHILDE CRÉATIONS comply with the standards applicable in France and are guaranteed under the conditions set out in article 9 above.
MATHILDE CRÉATIONS' liability cannot be incurred, including under statutory warranties, in the following cases:
- Storage harmful to the proper preservation of the Product,
- Poor installation or assembly not in accordance with the instructions,
- Negligence, lack of maintenance,
- Normal wear and tear of the Product with regard to its nature, composition or function,
- Abnormal use of the Product or use not in accordance with the purpose 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, impacts, vandalism, water damage, natural or artificial light.
In any event, the coverage of indirect and/or non-material damages is excluded, such as in particular the cost of labour in the event of assembly and/or disassembly by a professional.
MATHILDE CRÉATIONS assumes no liability or warranty in the event of malfunction of the Internet, in particular in the event of delays in transmissions or any other malfunction. MATHILDE CRÉATIONS cannot guarantee the absence of interception of messages transmitted electronically.
MATHILDE CRÉATIONS cannot be held liable for damages, temporary or permanent, caused to the Customer's computer system, nor for any losses or damages that may be suffered, in particular following access to or browsing of the Site.
The transmission of data via the Internet may result in errors and/or the Site not always being available. Consequently, MATHILDE CRÉATIONS cannot be declared responsible for the availability and interruption of the online service.
MATHILDE CRÉATIONS assumes no liability, of any kind whatsoever, in the event that a Customer has used the Site in a fraudulent manner.
In the event of a force majeure event preventing MATHILDE CRÉATIONS from fulfilling its obligations, the contract would be immediately suspended from the date of notification made by MATHILDE CRÉATIONS to the Customer, given by any means. In the same way, MATHILDE CRÉATIONS will inform the Customer of the cessation of this event and performance of the contract will then resume immediately from the date of this notification.
If such an event were to continue beyond one month after the date of notification, the contract will be deemed terminated by operation of law. The amounts received by MATHILDE CRÉATIONS before that date would then be refunded to the Customer.
11. FORCE MAJEURE
MATHILDE CRÉATIONS' liability cannot be sought in the event of a delay in performance or the impossibility of performing its obligations as a result of:
• a case of force majeure,
• labour dispute, partial or total strike at the seller, suppliers, service providers, carriers, telecommunications, public services…,
• of the interruption of supplies and energy and transport services,
• administrative decisions of a general nature,
• a fault of the carrier,
• or any other cause beyond the control of MATHILDE CRÉATIONS.
The Party noting the force majeure event must immediately inform the other Party of its inability to fulfil its obligations. The suspension of its obligations may in no event be a cause of liability for non-performance of the obligation in question, nor entail the payment of damages.
As soon as the cause of suspension of their obligations has ceased, the Parties will make their best efforts to resume normal performance of their obligations.
12. DATA PROTECTION AND PRIVACY
In the context of commercial relations and sales transactions between the Parties, personal data (hereinafter the "Data") enabling the direct or indirect identification of a natural person may be exchanged, including in particular the first and last names of persons in charge of sales transactions.
To this end, MATHILDE CRÉATIONS has put in place an external privacy policy freely accessible on the Site.
13. INTELLECTUAL PROPERTY
The content of the Site is the property of MATHILDE CRÉATIONS and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
14. NON-WAIVER
The fact that MATHILDE CRÉATIONS refrains from requiring, at any given time, the performance of any of the provisions of these GTC cannot be interpreted as a waiver of the right to subsequently invoke said total or partial non-performance.
15. APPLICABLE LAW – LANGUAGE
These GTC and the transactions arising therefrom are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
16. DISPUTES
All disputes to which the purchase and sale transactions concluded in application of these GTC may give rise, concerning their validity, interpretation, performance, termination, consequences and follow-up, which could not be resolved between MATHILDE CRÉATIONS and the Customer, shall be submitted to the competent courts under ordinary law conditions.
In accordance with the provisions of the Consumer Code concerning the amicable resolution of disputes, MATHILDE CRÉATIONS is a member of the e-commerce Mediator Service of the FEVAD (Fédération du e-commerce et de la vente à distance) whose contact details are as follows: Consumer Mediator FEVAD BP 20015 - 75362 PARIS CEDEX 8 - https://www.mediateurfevad.fr. After a prior written approach by consumers to MATHILDE CRÉATIONS, the Mediator Service may be contacted for any consumer dispute that has not been resolved. To find out how to contact the Mediator, click here.
17. PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The Customer acknowledges having received, prior to placing their order, in a legible and comprehensible manner, these GTC and 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 communication medium used and the Products concerned;
- the price of the Products and any additional charges (delivery, for example);
- in the absence of immediate performance of the contract, the date or timeframe by which MATHILDE CRÉATIONS undertakes to deliver the Product;
- information relating to the seller's identity (MATHILDE CRÉATIONS), their postal, telephone and electronic contact details, and their activities, if these do not emerge from the context;
- information relating to legal warranties and the procedures for implementing them;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, timeframe, procedures for exercising this right and standard withdrawal form), the costs of returning Products and other important contractual conditions.
The fact that a Customer places an order on the Site constitutes full and complete adherence to and acceptance of these GTC, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against MATHILDE CRÉATIONS.
18. CUSTOMER SERVICE
MATHILDE CRÉATIONS' customer service is available Monday to Friday from 10 a.m. to 12 p.m. and from 2 p.m. to 5 p.m.:
- By telephone at:
+33 (0)1 84 00 85 95 - By post:
MATHILDE CRÉATIONS – Customer Service E-boutique
117 rue Pablo Picasso
71000 MÂCON
- By filling in our contact form accessible here.