GTC

The purpose of these General Terms and Conditions of Sale is to govern the online sale and Delivery of Products ordered by the Customer from the Vendor via the Web Site. 

Any Order for Products necessarily implies the Customer's unreserved acceptance of these GCS.

Article 1. Definitions

The terms used below have the following meaning in these GTC:

• ‘Customer’: refers to the Vendor's co-contractor, a natural person with the status of consumer as defined by French law and jurisprudence. In this respect, it is expressly stipulated that the Customer is acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.

• ‘Order’: refers to the purchase of Products by a Customer from the Vendor on the Site.

• ‘Account’: refers to the space dedicated to the Customer and associated with all the data provided by the Customer, hosted on the Site. Access to the Account is via the Customer's Identifiers.

• ‘Identifiers’: refers to the e-mail address or identifier chosen at registration and the password chosen by the Customer, which are required to enable the Customer to access his/her Account on the Site.

• ‘Delivery’: refers to the first presentation of the Products purchased by the Customer at the delivery address indicated by the Customer when placing the Order.

• ‘Parties’: refers jointly to the Vendor and the Customer. In the singular, refers to only one of the two Parties.

• ‘Products’: refers to all the products available on the Web Site. 

• ‘Site’: refers to the Vendor's Internet site accessible at the following address: www.maisonmatine.com and www.maisonmatine.us.
  
  

Article 2. Purpose

The purpose of these GCS is to define the rights and obligations of the Parties in the context of the online sale and Delivery of Products by the Seller via the Site.

The Customer is clearly informed that these GCS govern only the sale of Products on the Site to consumers.

Article 3. Acceptance of the General Terms and Conditions  

The Customer undertakes to read these General Terms and Conditions of Sale carefully and to expressly accept them before proceeding to pay for an Order for Products on the Web Site.

By clicking on the ‘Add to basket’ button to place the Order and then on ‘Confirm order’ to confirm said Order, the Customer acknowledges having read, understood and expressly accepted the General Terms and Conditions without limitation or condition.

Article 4. Ordering products on the website 

To be able to purchase a Product, the Customer must be at least eighteen (18) years of age, have legal capacity and not be purchasing as part of their professional activity.

To purchase a Product on the Site, Customers must register and log in to their Account.

4.1. Registration procedure 

All Customers have the option of registering on their first visit to the Site in order to create an Account.

Creating an Account is free of charge.

To open an Account, the Customer must :

• Provide their surname, first name and e-mail address;
• Choose a password.

Any incomplete registration will not be validated by the Seller, which the Customer expressly acknowledges and accepts.

The information that the Customer provides to the Vendor during registration must be complete, accurate, up to date, sincere and not misleading. The Vendor reserves the right to ask the Customer to confirm, by any appropriate means, his/her identity, eligibility and the information provided.

The Customer is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account shall constitute proof of his/her identity. The information entered by the Customer is binding as soon as it has been validated.

The Customer undertakes to update the information in his/her Account without delay in the event of any changes, so that it always corresponds to the aforementioned criteria.

When a Customer registers on the Site, an Account is opened in their name, from which they can track their Orders and return requests and update their personal details.

The Customer's Identifiers are the e-mail address or username indicated at the time of registration and the password.

Customers may log into their Account to change their password. Customers are advised to change their password regularly.

The Customer may access his Account at any time after identifying himself using his Identifiers.

The Seller undertakes to keep in a secure manner all contractual elements whose retention is required by the law or regulations in force.

4.2. Management of Identifiers 

The Customer shall be solely responsible for the use of his Identifiers or actions taken via his Account.

In the event that a Customer discloses or uses his Identifiers in a manner contrary to their intended purpose and the GTC, the Seller may suspend or terminate access to the Account without notice or compensation (e.g.: loss or theft of Identifiers, professional purchases).

Under no circumstances shall the Vendor be held liable in the event of usurpation of a Customer's identity. All accesses and actions carried out from a Customer's Account shall be presumed to have been carried out by that Customer, insofar as the Vendor is not obliged and does not have the technical means to ensure the identity of the persons accessing the Account.

Any loss, misappropriation or unauthorised use of a Customer's Identifiers and the consequences thereof shall be the sole responsibility of the Customer, who shall be required to notify the Vendor immediately by e-mail to the following address: contact@maisonmatine.com.

4.3. Unsubscription 

The Customer may close his/her Account at any time by sending an e-mail to the following address: contact@maisonmatine.com. 

The Seller shall proceed as soon as possible to deactivate the Account and shall send the Customer an e-mail confirming the closure.

In the case of Orders in progress, these must be paid for by the Customer and delivered by the Seller.

Article 5. Orders 

5.1. Products characteristics 

The Seller undertakes to present in a clear, legible and comprehensible manner the essential characteristics of the Products and the compulsory information that the Customer must receive pursuant to French legislation, and to verify the accuracy thereof.

These characteristics (such as weight, volume of liquids) and information appear on the product sheets on the Site.

In particular, these sheets contain the description, allergens, composition, format, instructions for use and price of the Product.

In addition, the Seller shall indicate, where legally obliged to do so :

The environmental qualities and characteristics of any Product that generates waste (incorporation of recycled materials, use of renewable resources, durability, compostability, recyclability);

The sorting rules applicable to the Product.

All the Products sold by the Seller on the Site comply with current European legislation and the standards applicable in France.

The Customer shall be required to read carefully the various warnings appearing on the sheets describing the Products and in particular the various recommendations for use before proceeding with any Order.

The visuals on the Site are not contractual (the appearance of the product or its packaging may be different but the intrinsic qualities of the product are those described in the data sheet).

​​5.2. Order procedure 

Orders for Products are placed directly on the Site. To place an Order, the Customer must follow the steps described below (please note, however, that depending on the Customer's start page, the steps may differ slightly).

5.2.1. Product selection and purchase options 

The Customer must select the Product(s) of their choice by clicking on the Product(s) concerned and choosing the desired quantities. Once the Product has been selected, it is placed in the Customer's shopping basket. The Customer may then add as many Products as they wish to their basket.

5.2.2. Orders

Once the Product(s) have been selected and placed in the shopping basket, the Customer must click on the basket and check that the contents of the Order are correct (including the quantity, characteristics and references of the Product ordered, the billing address, the means of payment and the price) before validating its contents.

Once the Customer has validated the contents of the basket and identified/registered, an automatically completed online form will be displayed, summarising the price, applicable taxes, delivery address and delivery charges.

The Customer may then proceed to pay for the Products using the chosen method of payment (Visa, Mastercard or Paypal), by following the instructions on the Site and providing all the information required for invoicing and delivery of the Products.

5.2.3. Acknowledgement of receipt 

A copy of the acknowledgement of receipt of the Order is automatically sent to the Customer by e-mail, provided that the e-mail address provided on the registration form is correct.

5.2.4. Invoicing 

During the Order process, the Customer shall enter the information required for invoicing purposes (fields without the words ‘optional’ are mandatory fields which must be completed in order for the Customer's Order to be processed by the Seller).

In particular, the Customer must clearly indicate all information relating to the Delivery, in particular the exact Delivery address, as well as any access code and floor at the Delivery address.

The Customer will receive the original invoice when the Products are delivered, inside the parcel.

5.3. Order date 

The date of the Order shall be the date on which the Seller acknowledges receipt of the Order online once payment for the Order has been received in full. The delivery times indicated on the Web Site only start to run from this date.

5.4. Price

For all Products, the Customer will find on the Site prices displayed in euros inclusive of all taxes, as well as the applicable delivery charges (excluding packaging and gifts, depending on the delivery address and the carrier or mode of transport chosen).

In particular, prices inclusive of all taxes include Value Added Tax (VAT) at the rate in force on the Order date. Any change in the applicable rate may affect the price of the Products from the date on which the new rate comes into force.

The applicable VAT rate is expressed as a percentage of the value of the Product sold.

The prices of the Vendor's suppliers are subject to change. Consequently, the prices indicated on the Site may change. They may also be modified in the event of offers, sales or special sales. 

The prices indicated are those applicable, unless there is a gross error as to their amount. The applicable price is that indicated on the Site on the date on which the Order is placed by the Customer.

Delivery costs are indicated, at the latest before the Order is paid for.

5.5. Products availability

The Seller undertakes to deliver the Product on the date or within the period indicated to the Customer, unless the Parties have agreed otherwise.

The unavailability of a Product is indicated on the page of the Product concerned.

In any event, if unavailability was not indicated at the time the Order was placed, the Vendor undertakes to inform the Customer without delay if the Product is unavailable.

In the event that a Product is unavailable, the Vendor may, if the Parties so agree, offer an alternative Product of equivalent quality and price, which shall be accepted by the Customer.

If the Customer decides to cancel his/her Order for unavailable Products, he/she shall obtain a refund of all sums paid for the unavailable Products no later than fourteen (14) days following the date on which the contract was canceled.

Article 6. Payment

On this website, the Customer may use the following methods of payment: Visa, Mastercard and Paypal. Payment will be recorded and debited at the time the Order is placed. The Customer confirms that he/she is the holder of the bank card used. 

The bank card holder is subject to a validation check and authorisation by the card issuer. 

If the credit card issuer refuses to pay or, for any reason whatsoever, does not authorize payment to the Vendor, the Order shall be canceled and the Vendor shall not be held liable for any delay or non-delivery of the Product. 

Article 7. Right of withdrawal 

The terms and conditions of the right of withdrawal are set out in the ‘Withdrawal Policy’ available in Annex 2 hereto.

Article 8. Transfer of ownership 

The Seller remains the owner of the Products delivered until full payment of the Price has been made by the Customer to the Seller's bank or Paypal account.

The above provisions do not prevent the transfer to the Customer, at the time when the latter or a third party designated by him takes physical possession of the Product, of the risks of loss or damage to the Products which are the subject of the retention of title, as well as the risks of damage which they may cause.

The seller immediately regains ownership of the Products in the event of reimbursement to the Customer of the price of the Product.

Article 9. Delivery

The indicative delivery time for the Order by the French Post Office or any other shipping service is 7 days after actual receipt of the Order, evidenced by the dispatch of an order confirmation email containing an order number and a summary of the products purchased. The delivery times indicated in the dispatch confirmation email are given for information purposes only. Delivery is not subject to strict deadlines.

Products are delivered to the address indicated by the Customer when placing the Order. 

If the Product ordered is not delivered within 15 days of the agreed delivery date or the expiry of the period mentioned at the time of the Order, the Customer may, after having unsuccessfully requested the Vendor to fulfill his obligation to deliver within a reasonable additional period, cancel the contract by registered letter with acknowledgement of receipt or in writing on another durable medium.

Article 10. Receipt of the Order and return of the Products 

Upon receipt of the Product(s) ordered on the Web Site, the Customer is required to check that the Product(s) indicated on the delivery note are present and in good condition, and to note any comments relating to the occurrence of either of these two incidents on the delivery note presented by the shipping service. 

In addition, the Customer must notify the Vendor of these incidents within 7 days, either by e-mail to the address contact@maisonmatine.com or by post to the following address: Maison Matine SAS, Service e-commerce 17-21, rue saint fiacre 75002 Paris, France, to enable the Seller to contact the shipping service in question.

After notifying the Vendor in this way, the Customer must return the Products that do not conform to their order or that are defective, in their original packaging accompanied by their delivery note. The Vendor will then bear the cost of returning the Products. However, it is the Customer's responsibility to keep all proof of this return.

If all the aforementioned conditions are met, new Products conforming to the order will be sent to the Customer free of charge within 14 days from the date of receipt by the Vendor of the returned Products, subject to their availability.

Unless there is a legitimate reason (such as a defective product), any complaint made by the Customer after the 15-day period shall be considered inadmissible and the Vendor shall not be held liable. In the event of improper returns, the Vendor has the right to refuse the Customer any further orders. 

Article 13. Guarantees 

Apart from the commercial warranties that the Seller may offer for certain Products, all Customers benefit from ‘legal’ warranties, for all Products, which are described in Appendix 1 hereto. 

Article 14. Liability

The Vendor shall under no circumstances be held liable in the event that the Customer fails to fulfill or improperly fulfills his/her contractual obligations, in particular when placing an Order, or in the event that the service provider responsible for delivering the Order fails to do so.

Article 15. Force majeure

Are considered by the Parties as cases of force majeure, the situations of which the constituent elements are characterized within the meaning of article 1218 of the Civil Code and the jurisprudence of the Court of Cassation. 

In the event of the occurrence of such an event, the Party affected must immediately inform the other Party in writing. 

Force majeure suspends the obligations of the Party concerned for the duration of the force majeure. Nevertheless, the Parties will endeavor to minimize the consequences as far as possible. If a case of force majeure renders one of the Parties unable to fulfill its contractual obligations under the Contract for more than thirty (30) consecutive days, either Party may terminate the Contract after sending a registered letter with acknowledgement of receipt. The Parties will then no longer be obliged to comply with their obligations, with the exception in particular of those resulting from the ‘Intellectual Property’ and ‘Liability’ articles herein, without any indemnity or penalty, on any grounds whatsoever, being due on either side.

Article 16. Mediation 

As a consumer, if your complaint relating to the online sale of products has not been resolved amicably with the Seller, you may contact the CM2C mediation service for a period of one (1) year, by email cm2c@cm2c.net or by post: CM2C 14 rue Saint Jean - 75017 Paris. You may also contact the online consumer dispute resolution platform at http://ec.europa.eu/consumers/odr/.

Since mediation is not compulsory, the Customer or the Seller may withdraw from the process at any time.

Article 17. Intellectual Property

All of the elements published on the Site (such as images, sounds, graphics, brands and logos) are protected by the French Intellectual Property Code.

These elements are the exclusive property of the Seller or the latter has been granted a licence to use them commercially.

Any representation or reproduction, in whole or in part, of the elements published on the Site, by any process whatsoever, without the Vendor's express prior authorisation, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code.

Any person who publishes a website and wishes to create a direct hypertext link to the Site must request the Vendor's prior and express authorisation, and this link must be removed at the Vendor's request. 

Hypertext links to the Site using techniques such as framing or in-line linking are strictly prohibited.

Article 18. Modifications 

The Vendor reserves the right to modify the General Terms and Conditions at any time, and those applicable shall be those accepted when the Order is validated.

Article 19. Jurisdiction and applicable law

These General Terms and Conditions and the relationship between the Customer and the Vendor are governed by French law.

Any dispute relating to the conclusion, interpretation, performance or termination of this contract shall be submitted to the competent courts, including in summary proceedings or by petition, notwithstanding multiple defendants, incidental claims, third-party appeals, emergency proceedings, in summary proceedings or by petition.

However, prior to any recourse, the Customer is invited to contact the Vendor's complaints department and, in the event of non-resolution, the Mediator (as provided for in article 16).

If no agreement is reached, or if the Customer proves that he/she has previously attempted to resolve his/her dispute directly with the Vendor by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to these GTCS, including those concerning their validity.

Appendix 1. Legal warranties

The Customer has a period of two years from the date of delivery of the Product to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity (articles L. 217-3 to L 217-7 of the Consumer Code). The Customer must establish the existence of the lack of conformity. The Customer will have the right to repair or replace the Product within thirty days of his/her request, free of charge.

If the Product is repaired under the legal guarantee of conformity, the Customer will benefit from a six-month extension of the initial guarantee.

If the Customer requests that the Product be repaired, but the Vendor requires it to be replaced, the Legal Conformity Guarantee shall be renewed for two years from the date of replacement of the Product.

The Customer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if :

1º The professional refuses to repair or replace the goods;

2º The goods are repaired or replaced after a period of thirty days;

3º The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods;

4º The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring the goods into conformity.

The Customer is also entitled to a reduction in the price of the goods or to rescission of the contract if the lack of conformity is so serious that it justifies the immediate reduction in price or rescission of the contract. In such cases, the Customer is not obliged to request the repair or replacement of the goods beforehand.

The Customer does not have the right to cancel the sale if the lack of conformity is minor.

Any period during which the goods are immobilised with a view to their repair or replacement suspends the warranty that was in force until the delivery of the repaired goods.

The Customer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the Customer to a price reduction if the good is kept or to a full refund in return for the return of the Product.

Appendix 2. Withdrawal Policy

In principle, the Customer has the right to withdraw by returning or returning the Product to the Vendor, without giving any reason, except in the case of Products likely to deteriorate or expire rapidly, in accordance with article L. 221-28 of the French Consumer Code.

The Vendor will acknowledge receipt of the Customer's withdrawal request by email. Where applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Vendor: 

Name, address, telephone number, e-mail address 

Reason for withdrawal (optional). If they wish, the Customer may use the withdrawal template.

Withdrawal period

The withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product.

If the Customer has ordered several Products via a single Order giving rise to several Deliveries (or in the case of an Order for a single Product delivered in several batches), the withdrawal period shall expire fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last item (or batch).

The cost of returning the goods shall be borne by the Customer.

The return parameters are as follows:

The Product(s) must be returned in its (their) original, unopened packaging, allowing it (them) to be remarketed in new condition.

The cost of returning the Products shall be borne by the Customer, except in the event that the Products delivered do not conform to the Order (in which case, the cost of returning the Products shall be borne by the Seller). The Vendor does not accept packages with postage due.

The Customer may make returns to the following address: 17-21 rue saint fiacre, 75002 Paris, France.

Effects of withdrawal

In the event of withdrawal by the Customer, the Vendor undertakes to reimburse all sums paid, including the cost of Delivery, without undue delay, and at the latest within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw (article L. 221-24 of the French Consumer Code).

Unless it offers to collect the Products itself, the Vendor may defer reimbursement until the Products have been collected or until the Customer has provided proof of dispatch of the Products, whichever is the earlier.

The Vendor will make the refund using the same means of payment that the Customer used for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the refund will not incur any costs for the Customer.


Order number : 

Print and complete this form and send it with the Products to the following address: 

Société Maison Matine

17-21 rue saint fiacre

75002 Paris

France.

I, the undersigned: Customer's full name  

Postal address : 

Email : 

Telephone number : 

I hereby notify you of my withdrawal from the contract for the sale of the goods listed below: Product name, Order number 

Reason for withdrawal (optional) :

 

Description of the products returned (in their original and new packaging) :

Date and Signature :