English
MATHILDE CRÉATIONS, a simplified joint-stock company, registered in the Trade and Companies Register of MÂCON under the number
MATHILDE CRÉATIONS offers internet users who connect to the 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 TERMS AND CONDITIONS
These general terms and conditions of sale (hereinafter referred to as "Terms and Conditions") 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 Website, 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
- Austria
- Belgium
- Bosnia
- Bulgaria
- Croatia
- Denmark
- Spain
- Estonia
- Finland
- Greece
- Hungary
- Italy
- Latvia
- Lithuania
- Luxembourg
- Monaco
- Netherlands
- Poland
- Portugal
- Czech Republic
- Romania
- Slovakia
- Slovenia
- 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 order validation by the Customer, i.e., on the day of drafting these GTC "any natural person who acts 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 having read these Terms and Conditions, freely available on the Website, before placing their order and having 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 on the Site, the Customer must confirm their acceptance of the Terms and Conditions 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 Terms and Conditions.
In accordance with the provisions of articles 1125 and 1127-1 of the Civil Code, these T&Cs can be stored by computer recording and/or reproduced by the Customer by printing them.
These Terms and Conditions may be modified at any time by MATHILDE CRÉATIONS, it being specified that the applicable Terms and Conditions are those in force on the date of order validation by the Customer, as formally accepted by the latter.
These general conditions apply only to online sales of Products, any other sale by MATHILDE CRÉATIONS is not subject to these GTC.
2. ONLINE ORDER PROCEDURES
2.1. Capacity to contract
The Customer declares on their honor that they have the capacity to contract in accordance with the law, particularly articles 425 and 1146 of the Civil Code, that they are not a minor, and that they are not subject to any protective measures, especially guardianship.
2.2. Account creation
For first-time orders, the Customer must create 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, for any new order, the Customer will identify themselves using their email address (username) 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, which are offered for sale and displayed on the Website on the day of the Customer's visit. MATHILDE CRÉATIONS reserves the right to remove any Product displayed on the Website at any time. MATHILDE CRÉATIONS commits to offering Products that comply with current standards regarding people's safety and health in terms of regulated chemical substances.
The main characteristics, properties, and features of the Product are presented on the Website. The Customer is required to review this information before placing any order. MATHILDE CRÉATIONS reserves the right to modify the content of the information displayed on the Website.
MATHILDE CRÉATIONS takes the utmost care and accuracy in the presentation and description of the 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 a non-conformity of the delivered Product. Similarly, minor variations in the representation of Products can neither engage the responsibility of MATHILDE CRÉATIONS nor affect the validity of the sale. Moreover, there may be a difference between the delivered Product and its representation on the Site, particularly with regard to artisanal Products for which perfect production homogeneity cannot be ensured.
Once the Product is selected by the Customer on the Site page, the following page displays the chosen Product and 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 learn about the Product's features. If the Customer is viewing a bulky Product, a "truck" icon 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 the 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 view their cart by clicking on the "My cart" icon; the page then automatically displays all selected Products, their quantity, unit price and total price, as well as shipping costs. On this same page, the Customer will have the opportunity to correct any errors before finally 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 can only be modified and/or canceled 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 ordered Products, their price, delivery methods, costs and 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 placed online. As soon as this order confirmation is sent, 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 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 complaints or returns, or with whom there is a dispute.
2.4. Orders in Europe (excluding Monaco and Belgium) and outside Europe
The delivery of MATHILDE CRÉATIONS Products cannot be ensured in certain geographical areas of the countries mentioned in Article 1 above. In this case, during the order process, 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 case of delivery of a Product in Europe, except for Monaco and Belgium, or in a country outside Europe, they can only order standard Products as defined in article 5.1.1 below. In case of an order grouping several standard Products, the order cannot exceed 30 kg.
The Customer will not be able to order a bulky Product under any circumstances.
3. PRICE / AVAILABILITY
3.1. Price
The Products presented on the Website are sold at the rates in effect when the order is validated by the Customer.
Prices are inclusive of all taxes (including VAT), 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 concerned Products and will be responsible for any potential customs duties, local taxes, import duties or state taxes that may be required, which will be at their expense and under their sole responsibility.
Delivery costs are detailed in Article 5 below and confirmed before the Customer validates their order.
All prices are 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 charges, 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 Website; MATHILDE CRÉATIONS reserves the right to change the prices of Products offered on the Website at any time and without notice, it being reminded that the rates applicable to an order are those in effect at the time of order validation 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 as long as they are visible on the Site, and within the limit of 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 will be able to 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 an order, particularly in the case of simultaneous orders of the same Product by multiple Customers, MATHILDE CRÉATIONS will inform the Customer by phone as soon as possible, offering:
- either order another Product, at an equivalent price, presented on the Site as a replacement,
- or cancel the order. If the Customer chooses to cancel their order, a refund of the price will be made no later than 14 days after 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 for accessing a discount on your order or item. They are only valid according to the specific conditions indicated, for the given periods and for the products and/or categories of products not excluded. To benefit from the advantage linked to the code, it is strictly imperative to enter it in the field 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 afterwards by our Customer Service on an order already placed. Unless exceptionally mentioned, promotional codes are valid excluding ongoing promotions, excluding shipping costs and cannot be combined with other promotional codes.
Discounts or reductions granted to Customers, individually (individual discount code) or collectively (general discount code) cannot be combined with other discounts or reductions on the same order. When cumulation is possible, this is then indicated when transmitting the discount or reduction code.
3.4. Mathilde M "virtual" Gift Card or E-Gift Card
3.4.1. Presentation of the Mathilde M. E-Gift Card
3.4.2. How to use my Mathilde M "virtual" Gift Card or E-Gift Card?
3.4.3. Terms of use for the Mathilde M. "virtual" Gift Card or E-Gift Card
The "virtual" gift card or E-Gift card can only be used on the website www.mathilde-m.com. However, it will not be possible to purchase a "virtual" gift card with a "virtual" gift card or a Mathilde M voucher.
4. PAYMENT TERMS
Any order placed on the Website obligates the Customer to pay for it immediately. The price is payable in full on the day the Customer places the order, via secure payment method:
- by PayPal (in this case, PayPal's 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 implements electronic payment, incorporating the 3D Secure system, which is an online payment security system, on the secure PayPlug platform. During payment, the Customer indicates their card number, expiration date, and the security code on the back of the credit card.
The Customer's credit card will be debited at the time of confirmation of the payment operation carried out by the Customer in the secure payment environment of MATHILDE CRÉATIONS' financial partner. The Customer therefore authorizes in advance their bank to debit their credit card in view of the records or statements transmitted via said secure environment, even in the absence of invoices signed by the credit card holder.- in multiple installments with Alma: 3-installment payment is available via 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 €120 and €3,600 are eligible for payment with Alma.
- Fees: when paying in multiple installments with Alma, the Customer does not pay any fees.Alma is a tele-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 and following of the civil code.
Termination
Any termination of the GTC that bind the Seller and the customer results in the termination of the GCU between Alma and the customer.
All bank fees related to an order are paid as follows:
- Commission of MATHILDE CRÉATIONS' bank - on MATHILDE CRÉATIONS' account.
- Bank commission - on behalf of the Customer.
In the event that, for any reason whatsoever (opposition, refusal from the issuing center, etc.), the debit of the amounts due by the Customer proves impossible, the sale will be immediately terminated, the order will be canceled, and the Customer will not be delivered.
The deadlines indicated on the Site only start from the date of debit of the amounts due. The availability of a Product may change until the said date as defined above.
5. DELIVERY
5.1. Delivery methods
5.1.1. Proposed delivery methods
The delivery method depends on the weight and size of the ordered Product:
- Standard Products: the delivery of Products 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 (including packaging and wrapping), with a length less than 2 meters or if the total dimensions are less than 3 meters.
• Delivery possible via Pickup DPD relay points.
In case of delivery in Europe, except for Monaco and Belgium, and outside Europe, the Customer does not benefit from the option mentioned above. Delivery will be mandatory through DPD to the Customer's home address.
- Bulky Products: are considered bulky any order of Product whose total weight exceeds 30 kg (including packaging). Products with a length greater than 2 meters or if the developed size is greater than 3 meters (developed calculation: 2 x height + 2 x width + 1 x length) are also considered bulky. Delivery will be carried out by a carrier specialized in the delivery of heavy packages. The Product will be packaged and delivered in a way to ensure maximum protection of the Product. The specialized carrier will directly make an appointment with the Customer to set a delivery date within the timeframe specified on the order confirmation.
In case of an order combining both categories of Products, the delivery will be carried out in separate parts, by two distinct service providers.
5.1.2. Delivery times
Delivery dates depend on the delivery method chosen by the Customer on the Site. The delivery of 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 case of delivery by the 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 respect the indicated delivery dates; however, this deadline is not mandatory and in any case, delivery will be made no later than 30 working days from the day of receipt of full payment of the price in principal and accessories made at the Customer's choice by PayPal or credit card.
In the event of a strike or any other exceptional event that has 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 their package shipment, but cannot be held responsible for any delays caused.
In any case, timely delivery can only occur if the Customer has provided MATHILDE CRÉATIONS with accurate information regarding the recipient's details. In case of error, MATHILDE CRÉATIONS cannot be held responsible for the inability to deliver the Products at the desired place and time. Furthermore, in the case of delivery of bulky Products, if delivery cannot take place within the timeframe due to the Customer's fault for any reason (customer absence, lack of information, carrier's inability to contact 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 indicated delivery deadline, following a registered letter with acknowledgment of receipt or in writing on another durable medium, provided that the Customer has made a prior request to MATHILDE CRÉATIONS to make the delivery within a reasonable additional period by registered letter with acknowledgment of receipt.
The Customer will then be refunded within fourteen (14) days from the date of contract termination (receipt of the second registered letter by MATHILDE CRÉATIONS) in accordance with the provisions of Article L216-3 of the Consumer Code.
After shipping the ordered Products, MATHILDE CRÉATIONS will send the Customer an email confirmation of shipment. The Customer will also have the possibility to track the package by logging into their 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 entire order.
In case 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 pickup 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 DPD carrier for standard Products. The delivery costs indicated in the order include shipping rates for both carriers.
Summary table of delivery costs for standard Products delivered via DPD Predict and DPD Pickup points: 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 and DPD Pickup points: 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: 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 for bulky Products delivered via specialized carrier: Metropolitan France (excluding Corsica / Belle-Île-en-Mer / Île d'Yeu / Île de Groix) + Monaco + Belgium
Summary table of delivery charges 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, Belle-Île-en-Mer, Île d'Yeu, Île de Groix included, Monaco, and Belgium.
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 for a new delivery will be subject to billing the Customer for 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 ordering any bulky items, the Customer must verify that the Product, particularly due to its size and volume, can be delivered to the delivery location (to the gate or at the foot of the building) via existing access routes. The Customer must ensure that all access points allow for the Product's delivery.
It is expressly specified that MATHILDE CRÉATIONS does not ensure the delivery of Products through windows and will not assemble the Products. However, MATHILDE CRÉATIONS may unpack the Product. If the Customer fails to comply with the provisions set out 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 timeframe. The costs associated with a second delivery will be charged to the Customer.
5.3. Complaints
The Customer undertakes to carefully verify, 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 necessary, on the delivery note and in the form of handwritten reservations accompanied by their signature, any anomaly in this regard. 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 damages 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 lack 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 serve as an invoice.
The invoice can be viewed 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 made to 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 risks of loss and deterioration of the Products will only be carried out when the Customer physically takes possession of the Products.
8. RIGHT OF WITHDRAWAL
8.1. Right of 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 reasons or pay penalties.
The Customer who decides to exercise their right of withdrawal, when 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 declaration 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 that provides optimal protection for the Product during return transport, in perfect condition and accompanied by the Product return form 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 request of the Customer, a quote, relating to the 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 or 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:
- The Products must be new, unused, in their perfectly intact original box and in perfect resale condition;
- The Products must be accompanied by their accessories,
- Cosmetic Products must not be unsealed.
Consequently, Products returned incomplete, damaged, 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 initial delivery costs related to the returned Product and potentially charged by MATHILDE CRÉATIONS to the Customer) using the payment method used to place 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 reshipped by the Customer to MATHILDE CRÉATIONS, the Customer may receive again 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 reminded that MATHILDE CRÉATIONS guarantees the Customer, without additional payment and independently of the right of withdrawal:
- lack of conformity of the sold item 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 guarantee of conformity, the Customer:
- has a period of two years from the delivery of the goods to take action;
- can 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 product's lack of conformity for twenty-four months following the delivery of the product.
The legal guarantee of conformity, from which MATHILDE CRÉATIONS cannot exempt itself or limit its scope, applies independently of any commercial guarantee.
In the event that the action based on the warranty against hidden defects of the item sold 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 termination 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 prior agreement from MATHILDE CRÉATIONS, which may obtain upon request any evidence supporting the Customer's claim: details, photographs, etc. In case of agreement from MATHILDE CRÉATIONS, a prepaid label will be sent to the Customer so that they do not have to advance the return shipping costs of the Product.
In case of non-conformity of the delivered Product, the Customer may request MATHILDE CRÉATIONS either to repair or to replace the Product concerned. However, MATHILDE CRÉATIONS may refuse the proposed method in favor of the other method, if the Customer's choice entails 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 contract termination 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 implemented within one month following the Customer's complaint, and (iii) if compliance cannot be achieved without major inconvenience for the Customer, considering the nature of the goods and the intended use. However, contract termination cannot be requested for a minor lack of conformity.
In any case, 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
It is advisable for the Customer to keep proof of this return.
Returned Products that are incomplete, modified, damaged, or deteriorated by the Customer's actions 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 the receipt by MATHILDE CRÉATIONS of the returned Products.
10. Eco-Mobilier
Mathilde M is registered in the National Register of Furniture Marketers under the number FR017952_10XJNH. This number guarantees that M, by joining Eco-mobilier, complies with the regulatory obligations incumbent upon it under Article L541-10-6 of the Environmental Code.
11. LIABILITY - EXCLUSIONS
All Products sold by MATHILDE CRÉATIONS comply with applicable standards in France and are guaranteed under the conditions provided 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 given its nature, composition, or function,
- Abnormal use of the Product or use not in accordance with its intended purpose,
- Modification or repair of the Product by the Customer or 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 case, coverage for indirect and/or intangible damages is excluded, such as the cost of labor for assembly and/or disassembly by a professional.
MATHILDE CRÉATIONS assumes no responsibility or guarantee in case of malfunction of the Internet, particularly in case of delay in transmissions or any other dysfunction. MATHILDE CRÉATIONS cannot guarantee the absence of interception of messages transmitted electronically.
MATHILDE CRÉATIONS cannot be held responsible for damages, temporary or permanent, caused to the Customer's computer system nor for any losses or damages that may be suffered, particularly following access to or navigation on the Site.
The transmission of data via the Internet may result in errors and/or the fact that the Site is not always available. Therefore, 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 case of force majeure preventing MATHILDE CRÉATIONS from performing 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 date of notification, the contract will be considered automatically terminated. The sums received by MATHILDE CRÉATIONS before this date would then be refunded to the Customer.
11. FORCE MAJEURE
MATHILDE CRÉATIONS cannot be held responsible in case of delay in execution or impossibility to execute its obligations due to:
• 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 energy and transportation provisions,
• administrative decisions of a general nature,
• a fault of the carrier,
• or any other cause unrelated to MATHILDE CRÉATIONS.
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 shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it result in the payment of damages.
As soon as the cause for suspension of their obligations disappears, the Parties will make their best efforts to resume normal execution of their obligations.
12. DATA PROTECTION AND PRIVACY
In the context of commercial relations and sales operations between the Parties, personal data (hereinafter referred to as "Data") allowing direct or indirect identification of a natural person may be exchanged, such as names and surnames of employees in charge of sales operations.
To this end, MATHILDE CRÉATIONS has implemented an external privacy policy freely accessible on the Website.
13. INTELLECTUAL PROPERTY
The content of the Site is the property of MATHILDE CRÉATIONS and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute a copyright infringement.
14. NON-WAIVER
The fact that MATHILDE CRÉATIONS refrains from demanding the execution of any of the provisions of these Terms and Conditions at any given time cannot be interpreted as a waiver of the right to invoke such total or partial non-execution at a later date.
15. APPLICABLE LAW – LANGUAGE
These Terms and Conditions and the operations resulting from them are governed by 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 be authoritative in the event of a dispute.
16. DISPUTES
All disputes arising from purchase and sale transactions concluded under these Terms and Conditions, concerning their validity, interpretation, execution, termination, consequences and their aftermath, which could not be resolved between MATHILDE CRÉATIONS and the Customer, will be submitted to the competent courts under the conditions of common law.
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 a preliminary 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 referring to the Mediator, click here.
17. PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having received, prior to placing their order, in a legible and understandable 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 additional costs (delivery, for example);
- in the absence of immediate execution of the contract, the date or deadline by which MATHILDE CRÉATIONS undertakes to deliver the Product;
- information regarding the identity of the seller (MATHILDE CRÉATIONS), its postal, telephone, and electronic contact details, and its activities, if not apparent from the context;
- information relating to legal guarantees 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, methods of exercising this right and standard withdrawal form), costs of returning Products and other important contractual conditions.
By placing an order on the Site, the Customer adheres to and fully accepts these Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would not be enforceable 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:
03 85 33 09 50 - By email: e-boutique@mathilde-creations.com
- By mail:
MATHILDE CRÉATIONS – E-boutique Customer Service
117 rue Pablo Picasso
71000 MÂCON
- By filling out our contact form accessible here.