MATHILDE CRÉATIONS, Simplified joint-stock company, registered in the Trade and Companies Register of MÂCON under number
MATHILDE CRÉATIONS offers internet users who connect to said site (hereinafter the "Site") 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 GTC
These general terms and conditions of sale (hereinafter the "GTC"), specify in particular the terms of ordering, payment, delivery and possible return of said Products and are applicable, without restriction or reservation, to all sales of Products concluded via the Site, for delivery in mainland 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 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 reserved for consumers (within the meaning of the Consumer Code in force on the day of validation of the order by the Customer, i.e., on the day of drafting of these T&Cs "any natural person who acts for purposes which do not fall within the scope of their commercial, industrial, artisanal, 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 having read these GTC, freely accessible on the Site, before placing their order and having benefited from the necessary advice and information in accordance with the provisions of articles L111-1 to L111-7 of the Consumer Code.
In this regard, with each order on the Site, the Customer must confirm their acceptance of the T&Cs and have accepted them by checking the box "I have read the general terms and conditions of sale and I agree to them without reservation." provided for this purpose before validating their order. This confirmation, before order validation, therefore constitutes acceptance without restriction or reservation of these T&Cs.
In accordance with the provisions of articles 1125 and 1127-1 of the Civil Code, these GTC can be kept by computer recording and|or reproduced by the Customer by printing them.
These GTC may, at any time, be subject to modifications 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 conditions only apply to online sales of Products, any other sale by MATHILDE CRÉATIONS is not subject to these GTC.
2. ONLINE ORDERING PROCEDURES
2.1. Capacity to contract
The Customer declares on their honor having the capacity to contract in accordance with the law and in particular with articles 425 and 1146 of the Civil Code, not being a minor and not being 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 out a form specifying certain mandatory fields such as 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 (login) and password (which they are responsible for keeping confidential) by clicking on the Login link.
The Customer can choose to set up a link between their customer account and their Facebook account through a Facebook Login module offered on the Site.
The information provided by the Customer when opening their customer account or during each of their orders must be complete, accurate and up to date. Otherwise, MATHILDE CRÉATIONS will not be able to execute the orders. If the Customer does not wish to provide such information, MATHILDE CRÉATIONS will not be able to respond favorably to their order.
2.3. Placing the order – Product characteristics
It is the Customer's responsibility to select the Products they wish to order and which are offered for sale and appearing on the Site on the day of their consultation by the Customer. MATHILDE CRÉATIONS reserves the right at any time to remove any Product displayed on the Site. MATHILDE CRÉATIONS undertakes to offer Products meeting the standards in force relating to the safety and health of persons with regard to chemical substances with regulated content.
The main characteristics, properties and features of the Product are presented on the Site. The Customer is required to take note of 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 Products offered on the Site (including photographs and graphics) within the limits of technology, computer equipment used and in compliance with the best market standards. However, it is 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 does not constitute non-conformity of the delivered Product. Similarly, minor variations in the representation of Products cannot engage MATHILDE CRÉATIONS' responsibility or affect the validity of the sale. Furthermore, there may be a difference between the delivered Product and its representation on the Site, particularly with regard to handcrafted Products for which production homogeneity cannot be perfectly ensured.
Once the Product has been selected by the Customer on the Site page, the following page displays the chosen Product as well as the product sheet. By clicking on the "Product description" tab, the Customer can consult the description and by clicking on the "Characteristics" tab, the Customer can learn about the Product's characteristics. When the Customer views a bulky Product, a "truck" pictogram appears informing the Customer that the voluminous 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 different delivery methods on this page: https://mathilde-m.com/fr/content/1-livraison
The Customer can consult 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 shipping costs. On this same page, the Customer will have the possibility to correct any errors, before finally validating their order and formally expressing their acceptance by clicking on the "Order" icon.
Upon validation, the order is transmitted to MATHILDE CRÉATIONS for processing. It can no longer be modified and|or cancelled except under the conditions required by applicable law (product unavailability, payment problem, 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 methods, costs and delivery dates. In case of an order combining the two 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 report to MATHILDE CRÉATIONS any errors and/or omissions contained in this order confirmation compared to the order entered online. Upon sending this order confirmation, the sale will be considered final.
The data recorded by the Site as summarized in said email, constitute proof of all transactions between MATHILDE CRÉATIONS and its Customers; it is therefore recommended that the Customer print or keep a copy of the order confirmation.
MATHILDE CRÉATIONS reserves the right to refuse and|or cancel any order not in accordance 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 there is a dispute.
2.4. Order in Europe (excluding Monaco and outside Europe
The delivery of MATHILDE CRÉATIONS Products cannot be provided in certain geographical areas of the countries mentioned in article 1 above. In this case, when ordering, 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, they will only be able to order standard Products as defined in article 5.1.1 below. In the case of an order grouping several standard Products, the order cannot exceed 30 kg.
The Customer cannot under any circumstances order a bulky Product.
3. PRICE | AVAILABILITY
3.1. Price
The Products presented on the Site are sold at the rates in force when the order is validated by the Customer.
Prices are inclusive of all taxes (VAT included), excluding delivery costs. 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 effective date of the new applicable rate.
In case of an order outside Metropolitan France, including Corsica, the Customer will be considered as the importer of the Products concerned and will be responsible for any customs duties, local taxes, import duties or state taxes that may be required which will be at their expense and will be their sole responsibility.
Delivery costs 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 as well as the amount of any additional fees, such as delivery costs, are communicated to the Customer before validation of their order and then confirmed in the order confirmation.
Price offers are valid 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 notice, it being recalled that the rates 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 case of failure by a party to fulfill one or another of its obligations, the provisions of article 1223 of the Civil Code will not apply.
3.2. Product availability
Product offers are valid as long as they are visible on the Site, and within the limits of MATHILDE CRÉATIONS' available stock. MATHILDE CRÉATIONS reserves the right to change the Products offered on the Site at any time and without notice.
In the event that the Product selected on the Site is unavailable, the Customer may consult the Product page but will not be able to click on the "Add to cart" tab to order it.
In case of error or product unavailability after placing their order, particularly in the case of simultaneous orders of 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 occur no later than 14 days from payment using the payment method used to settle the order (credit to the bank account linked to the credit card used or credit to the PayPal account).
3.3. Discounts, reductions and gifts
Promotional codes are sometimes offered on our site or sent to some of our customers: only promotional codes distributed by our site are valid to access a discount on your order or item. They are only valid according to the specific conditions indicated, during the given periods and for non-excluded products and|or product categories. To benefit from the discount linked to the code, it is strictly imperative to enter it in the space reserved for this purpose in the cart at the time of ordering and before validating it. In case of forgetting at the time of ordering, no promotional code can be applied retroactively by our Customer Service on an order already placed. Unless exceptionally mentioned, promotional codes are valid excluding current promotions, excluding shipping costs and are not cumulative with other promotional codes.
Discounts or reductions granted to Customers, on an individual basis (individual reduction code) or on a collective basis (general reduction code) cannot be combined with other discounts or reductions on the same order. When combination is possible, this will be indicated when the discount or reduction code is transmitted.
4. PAYMENT CONDITIONS
Any order placed on the Site requires the Customer to pay its price immediately. The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment:
- by PayPal (for the latter, PayPal's general terms of use apply); in this case, the Customer's financial information is not transmitted to MATHILDE CRÉATIONS, 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 implements electronic payment, incorporating the 3D Secure system which is an online payment security system, on the secure PayPlug platform. During payment, the Customer enters their card number, expiration date and the cryptogram on the back of the credit card.
The Customer's credit card will be debited when the payment transaction made by the Customer in the secure payment environment of MATHILDE CRÉATIONS' financial partner is confirmed. The Customer therefore authorizes in advance their bank to debit their credit card upon sight of the records or statements transmitted via said secure environment, even in the absence of invoices signed by the credit card holder.in several installments with Alma: payment in several installments 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 several installments with Alma, the Customer does not pay any 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 that bind the Seller and the customer, results in the termination of the GTU between Alma and the customer.
All bank commissions related to an order are paid as follows:
- MATHILDE CRÉATIONS' bank commission - on MATHILDE CRÉATIONS' account.
- Bank commission - on behalf of the Customer.
In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), the debit of the sums due by the Customer proves impossible, the sale will be immediately terminated, the order will be cancelled and the Customer will not be delivered.
The deadlines indicated on the Site only run from the date of debit of the sums due. The availability of a Product may change until said date as defined above.
5. DELIVERY
5.1. Delivery methods
5.1.1. Delivery methods offered
The delivery method depends on the weight and size of the ordered Product:
- Standard products: Product delivery is carried out by a carrier specialized in express delivery and the delivery person will present themselves at the address mentioned on the order confirmation:
• DPD for packages below 30 kg (packaging and wrapping included), whose length is less than 2 meters or if the development is less than 3 meters.
• Delivery possible via Pickup DPD relay points.
In case of delivery in Europe, except Monaco and Belgium, and outside Europe, the Customer does not benefit from the option mentioned above. Delivery will necessarily be made by DPD to the Customer's home.
- Bulky products: any Product order whose total weight is greater than 30 kg (including packaging) is considered bulky. Products whose length is greater than 2 meters or if the development is greater than 3 meters are also considered bulky (development calculation: 2 x height + 2 x width + 1 x length). Delivery will be carried out by a carrier specialized in the delivery of heavy packages. The Product will be packaged and delivered in such a way as to ensure maximum protection of the Product. The specialized carrier will make an appointment directly with the Customer to set a delivery date within the period specified on the order confirmation.
In the case 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 times
Delivery dates depend on the delivery method chosen by the Customer on the Site. Product delivery will occur on the date indicated to the Customer on the Site when ordering and confirmed in the order confirmation sent by email to the Customer and, in case of delivery by specialized carrier, the date and time will be agreed upon between the specialized carrier and the Customer.
MATHILDE CRÉATIONS will make its best efforts to meet the indicated delivery dates; however, this deadline is not mandatory and in any case, delivery will be made at the latest within 30 working days from the day of receipt of full payment of the principal and accessory 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 packages, MATHILDE CRÉATIONS will make its best efforts to inform the Customer of the status of the shipment of their package, but cannot be held responsible for delays caused.
In any event, delivery within the deadlines can only occur if the Customer has provided MATHILDE CRÉATIONS with accurate information on the recipient's contact details. In the event of an error, MATHILDE CRÉATIONS cannot be held responsible for the impossibility of delivering the Products in the right place and time. Furthermore, in the case of delivery of bulky Products, if delivery cannot occur within the deadline due to the Customer for any reason whatsoever (customer absence, lack of information, impossibility for the carrier to reach the customer...), 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 terminate the contract in case of non-compliance with the delivery deadline indicated, following a registered letter with acknowledgment of receipt or in writing on another durable medium, provided however that the Customer has made a prior request to MATHILDE CRÉATIONS to carry out the delivery within an additional reasonable period by registered letter with acknowledgment of receipt.
The Customer will then be refunded within fourteen (14) 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 shipment of the ordered Products, MATHILDE CRÉATIONS will send the Customer an email confirmation of shipment. The Customer will also be able to track the package by logging into their customer account.
5.1.3 Delivery costs
Delivery costs depend on the Products and delivery method chosen by the Customer on the Site and are calculated on the entire order.
In case of an order grouping standard Products and bulky Products:
- shipping costs are cumulative,
- the Customer will not be able to opt for delivery to a relay point including for standard products; only home delivery will be offered,
- delivery will be carried out by a specialized carrier for bulky and voluminous Products and by the DPD carrier for standard Products. The delivery costs indicated in the order include the shipping rates for both carriers.
Summary table of delivery costs for standard Products delivered via DPD Predict and Pickup DPD: Metropolitan France (excluding Corsica | Belle-Île-en-Mer | Île d'Yeu | Île de Groix) + Monaco + Belgium
Summary table of delivery costs for standard Products delivered via DPD Predict and Pickup DPD: Corsica / Belle-Île-en-Mer / Île d'Yeu / Île de Groix
Summary table of delivery costs for standard Products delivered via DPD: in Europe (excluding Monaco and Belgium) and outside Europe
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 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 specialized carrier: Corsica | Belle Ile | Ile d'Yeu | Ile de Groix
5.2. Delivery
MATHILDE CRÉATIONS delivers Customer orders in metropolitan France, Corsica, including Belle-Île-en-Mer, Île d'Yeu, Île de Groix, and to Monaco.
5.2.1. Delivery address
Products purchased on the Site are delivered to the delivery address indicated by the Customer as part of their online order.
An error in the delivery address, delivery location or any other problem resulting in the need to make a new delivery will be invoiced to the Customer at the actual costs of the new delivery, which will be subject to payment of these additional costs.
5.2.2. Specificities related to bulky Products
Prior to any order of bulky items, the Customer must imperatively verify that the Product, particularly by its size and volume, can be delivered to the delivery location (at the gate or at the foot of the building) via existing access routes. The Customer must ensure that all access points allow the Product to be delivered.
It is expressly specified that MATHILDE CRÉATIONS does not provide delivery of Products through the window and will not carry out the assembly of Products. However, MATHILDE CRÉATIONS may unpack the Product. If the Customer fails to comply with the provisions provided above and in case 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 a failure to deliver within the deadlines. The costs related to a second delivery will be invoiced to the Customer.
5.3. Claims
The Customer undertakes to carefully check, at the time of delivery, the number of Products delivered, the good condition of the packaging and the absence of any transport damage and to indicate, if applicable, on the delivery note and in the form of handwritten reservations accompanied by their signature, any anomaly in this regard. It is mentioned to the Customer that the standard mention "subject to unpacking" is insufficient. Otherwise, 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 acknowledgment of receipt to the carrier within 3 days following receipt. Within the same period, these reservations must also be confirmed to MATHILDE CRÉATIONS by sending an email or a registered letter with acknowledgment of receipt addressed to customer service.
MATHILDE CRÉATIONS undertakes to replace or refund as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects 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 consulted and downloaded by the Customer on their customer account after their order has been shipped.
7. TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS
The transfer of ownership of the Products will only be realized in favor of the Customer after full payment of the price by the latter, regardless of the delivery date.
Whatever the date of transfer of ownership and in accordance with article L216-4 of the Consumer Code, the transfer of risks of loss and deterioration of the Products will only be realized when 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 French 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 provide reasons or pay penalties.
The Customer who decides to exercise their right of withdrawal, when this is possible, must do so using the withdrawal form provided for this purpose and available online on the Site Click here to download the withdrawal form or any other unambiguous statement expressing their wish to withdraw, before the expiration of the period provided above, in accordance with the provisions of articles L221-21 and L221-22 of the Consumer Code.
8.2. Product Return
The Customer must return the Products at their own expense, in their original packaging or in packaging allowing optimal protection of the Product during return transport, in perfect condition and accompanied by the Product return slip downloadable and printable 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 case of return of a bulky Product, MATHILDE CRÉATIONS will send, upon Customer request, a quote relating to return costs, established by its usual carrier. The Customer remains free to use the carrier of their choice to organize the return of the bulky Product.
No return of Product with postage due cash on delivery will be accepted by MATHILDE CRÉATIONS.
Products must be returned to the following address:
MATHILDE CRÉATIONS - E-boutique Customer Service
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 perfect resale condition will be accepted; namely:
- Products must be new, unused, in their original box in perfect condition and in perfect resale condition;
- Products must be accompanied by their accessories,
- Cosmetic Products must not be unsealed.
Consequently, Products returned incomplete, damaged, damaged, opened or showing signs of use will not be refunded to the Customer.
8.3. Customer refunds
Subject to compliance with the deadline and conditions mentioned above, MATHILDE CRÉATIONS will refund the full amount paid by the Customer (including initial delivery costs, relating to the returned Product and possibly invoiced by MATHILDE CRÉATIONS to the Customer) using the payment method used to pay for 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 respected while the Product has been returned by the Customer to MATHILDE CRÉATIONS, the Customer may again receive at their expense the Product they would have returned, in the condition in which it was returned to MATHILDE CRÉATIONS.
It will be the Customer's responsibility to provide proof of this return, with the costs and risks of return being borne by the Customer.
9. LEGAL WARRANTY
In accordance with legal provisions, it is recalled that MATHILDE CRÉATIONS guarantees the Customer, without additional payment and independently of the right of withdrawal:
- defects in conformity of the sold goods under the conditions of article L217-4 and following of the Consumer Code;
- and hidden defects of the sold item under the conditions of articles 1641 and following of the Civil Code;
When acting on the basis of the legal warranty of conformity, the Customer:
- has a period of two years from the 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 providing proof of the existence of the lack of conformity of the goods for twenty-four months following the delivery of the goods.
The legal guarantee of conformity, from which MATHILDE CRÉATIONS cannot be exempted nor limit its scope, applies independently of any commercial guarantee.
In the event that an action based on the warranty for hidden defects in the sold item is brought within two years following the discovery of the hidden defect by the Customer, under the conditions provided for 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 element justifying the Customer's claim: details, photographs... In the event of MATHILDE CRÉATIONS' agreement, 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 case of non-conformity of the delivered Product, the Customer may request from MATHILDE CRÉATIONS either repair or replacement of the Product concerned. However, MATHILDE CRÉATIONS may refuse the proposed method in favor of the other method, if the Customer's choice results in a manifestly disproportionate cost compared to the other possible method of bringing into conformity (article L. 217-9 paragraph 2 of the Consumer Code).
Furthermore, the Customer may request a price reduction or termination 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 conformity cannot be implemented within one month following the Customer's claim, and (iii) if conformity cannot be achieved without major inconvenience to the Customer taking into account the nature of the goods and the use they are seeking. However, termination of the contract cannot be requested for a minor lack of conformity.
In any event, the 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 – E-boutique Customer Service
117 rue Pablo Picasso
71000 MÂCON
The Customer is advised to keep proof of this return.
Products returned incomplete, modified, damaged, or damaged by the Customer will not be refunded, replaced, or repaired.
Subject to compliance with the conditions mentioned above, MATHILDE CRÉATIONS will refund the delivery costs, using the payment method used to pay for the order, within thirty (30) days following 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 provided for in article 9 above.
MATHILDE CRÉATIONS' liability cannot be engaged, including under legal warranties, in the following cases:
- Storage harmful to the proper preservation of the Product,
- Improper installation or assembly not in accordance with the instructions,
- Negligence, lack of maintenance,
- Normal wear and tear of the Product in view of 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 disturbance, flood, fire, shocks, vandalism, water damage, natural or artificial light.
In any event, the coverage of indirect and/or intangible damages is excluded, such as in particular the cost of labor in the event of assembly and/or disassembly by a professional.
MATHILDE CRÉATIONS assumes no responsibility or warranty in case of Internet malfunction, particularly in case 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 responsible for temporary or permanent damage caused to the Customer's computer system or for any losses or damages that may be suffered in particular following access to or navigation on the Site.
Data transmission via the Internet may result in errors and/or the fact that the Site is not always available. Consequently, MATHILDE CRÉATIONS cannot be held responsible for the availability and interruption of the online service.
MATHILDE CRÉATIONS assumes no responsibility, of any nature whatsoever, in the event that a Customer has used the Site fraudulently.
In the event of the occurrence of a force majeure event preventing MATHILDE CRÉATIONS from fulfilling its obligations, the contract would be immediately suspended, from the notification made by MATHILDE CRÉATIONS to the Customer, given by any means. Similarly, MATHILDE CRÉATIONS will inform the Customer of the cessation of this event and the execution of the contract will then resume immediately on the date of this notification.
If such an event were to continue beyond one month after the notification date, the contract will be considered terminated automatically. The sums received by MATHILDE CRÉATIONS before this date would then be refunded to the Customer.
11. FORCE MAJEURE
MATHILDE CRÉATIONS' liability cannot be sought in the event of delay in the execution or impossibility of executing its obligations as a result of:
• a case of force majeure,
• labor dispute, partial or total strike at the seller, suppliers, service providers, carriers, telecommunications, public services…,
• interruption of supplies and provision of energy and transport,
• general administrative decisions,
• a fault of the carrier,
• or any other cause beyond MATHILDE CRÉATIONS' control.
The Party observing the force majeure event must immediately inform the other Party of its inability to perform its obligations. The suspension of its obligations cannot in any case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages.
As soon as the cause of suspension of their obligations disappears, the Parties will make their best efforts to resume normal performance of their obligations.
12. DATA PROTECTION
Within the framework of commercial relations and sales operations between the Parties, personal data (hereinafter "Data") allowing direct or indirect identification of a natural person are likely to be exchanged, such as in particular the names and surnames of employees in charge of sales operations.
To this end, MATHILDE CRÉATIONS has implemented a 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 offense 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 to subsequently invoke said total or partial non-performance.
15. APPLICABLE LAW – LANGUAGE
These T&Cs and the operations resulting from them are governed and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
16. DISPUTES
All disputes to which purchase and sale transactions concluded in application of these GTC could give rise, concerning both their validity, interpretation, execution, termination, consequences and effects and which could not be resolved between MATHILDE CRÉATIONS and the Customer, will be submitted to the competent courts under common law conditions.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, MATHILDE CRÉATIONS adheres to the E-commerce Mediator Service of FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: Consumer Mediator FEVAD BP 20015 - 75362 PARIS CEDEX 8 - https://www.mediateurfevad.fr. After prior written approach by consumers to MATHILDE CRÉATIONS, the Mediator Service can be contacted for any consumer dispute whose settlement has not been successful. To learn about the procedures for contacting the Mediator, click here.
17. PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The Customer acknowledges having received, prior to placing their order, in a readable and comprehensible manner, these GTC and all 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 Products and ancillary costs (delivery, for example);
- in the absence of immediate execution of the contract, the date or period by which MATHILDE CRÉATIONS undertakes to deliver the Product;
- information relating to the identity of the seller (MATHILDE CRÉATIONS), its postal, telephone and electronic contact details, and its activities, if they do not emerge from the context;
- information relating to legal warranties and their implementation procedures;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in case of dispute;
- information relating to the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), costs of returning Products and other important contractual conditions.
The fact that a Customer orders on the Site entails 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 10am to 12pm and from 2pm to 5pm:
- By phone at:
+33 (0)1 84 00 85 95 - By mail:
MATHILDE CRÉATIONS – E-boutique Customer Service
117 rue Pablo Picasso
71000 MÂCON
- By filling out our contact form accessible here.