Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
Last Update Date: 06/15/2023
Article 1 - LEGAL NOTICE
This website, accessible at the URL www.mathildecabanas.com (the "Site"), is the property of:
MATHILDE CABANAS, a simplified joint-stock company with a capital of €3,000, registered with the Trade and Companies Register of Nantes under number 798 232 526, with its registered office located at 28 Avenue Jules Vedrines, 44300 Nantes, represented by Mathilde Cabanas, duly authorized (hereinafter the "Operator").
The Operator's individual VAT number is: FR02798232526
The Operator can be contacted at the following email address: firstname.lastname@example.org
The Site is hosted by Shopify, located at 150 Elgin Street, 8th Floor, Ottawa, Ontario K2P 1L4, Canada.
The Director of Publication of the Site is Mathilde Cabanas.
Article 2 - GENERAL PROVISIONS REGARDING THESE GENERAL TERMS AND CONDITIONS
2.1: Scope of application of the general terms and conditions of sale
These general terms and conditions of sale (hereinafter referred to as "General Terms and Conditions of Sale" or "GTC") apply to remote purchases made by the consumer customer (hereinafter referred to as "the Customer") from the Operator through the Site.
The sales offer made by the Operator on the Site is exclusively intended for customers who have the capacity to contract and act as consumers, meaning any natural person who acts solely for the satisfaction of their personal needs.
By placing an order on the Site, the Customer declares that they meet the conditions mentioned above and, in particular, do not make purchases on the Site for the purpose of regular resale or as part of a professional activity.
2.2: Acceptance of the GTC
Any sale of product(s) carried out on the Site by the Operator to the Customer is exclusively governed by the GTC.
Therefore, the act of placing an order by the Customer implies their acceptance without reservation and their full and complete adherence to the GTC, which prevail over any other document.
In this regard, the Customer declares that they have read and accepted the GTC before placing their order.
The GTC are made available to Customers on the Site, where they can be directly consulted and can also be provided upon request by any means.
The applicable GTC are those in force on the day of placing the order.
Prior to confirming any order, the Customer reads and can download and save the GTC. The Customer accepts the GTC by checking a box or clicking the designated button.
The fact that the Operator does not rely at a given moment on any of the provisions of the GTC or the terms of the order relating to the transaction and as validated by the Operator cannot be interpreted as a waiver by the Operator to subsequently rely on said terms or provisions.
If any clause of the GTC were to be null or void, the other clauses would not be affected.
Article 3 - PRODUCT DESCRIPTION
The Site is an online store for fashion accessories (for adults and children) and lifestyle products (hereinafter the "Product(s)").
In accordance with Article L 111-1 of the Consumer Code, the Customer can, prior to placing their order, review the characteristics of the products they wish to order.
The Customer is required to refer to the description of each product to learn about its essential characteristics. The photographs illustrating the products, if any, do not constitute a contractual document.
The Products comply with the applicable legal requirements.
The Customer remains responsible for the means and consequences of their access to the Site, especially via the Internet. This access may involve the payment of fees to technical service providers, such as Internet service providers, which remain at the Customer's expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having verified that the computer configuration they use is secure and operational.
Article 4 - CUSTOMER IDENTIFICATION
To place an order on the Site, the Customer must first identify themselves. They can:
either fill out the registration form that allows them to create a customer account from which they can place orders, or fill out the form related to direct orders.
4.1: Creation of a customer account
The Customer has the option to create their personal customer account. Once created, to access it, the Customer must identify themselves using their username and confidential, personal password. It is the Customer's responsibility not to disclose their username and password in accordance with the provisions of the PERSONAL DATA article of the GTC.
Each Customer agrees to maintain strict confidentiality of the data, particularly the username and password, allowing them to access their customer account. The Customer acknowledges that they are solely responsible for access to their personal account using their username and password, except in the case of proven fraud. Furthermore, the Customer must promptly inform the Operator in the event of loss, diversion, or fraudulent use of their username and/or password.
After creating their personal customer account, the Customer will receive an email confirming the creation of their customer account.
During registration, the Customer agrees to:
provide true, accurate, and up-to-date information at the time of entry into the registration form of the service, and in particular, not to use false names or addresses, or names or addresses without authorization, keep the registration data up to date to ensure they are always true, accurate, and up-to-date.
The Customer also undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or identity theft) or harmful information (such as viruses). In the event of non-compliance by the Customer with any of the provisions herein, the Operator reserves the right to terminate the Customer's account without notice.
4.2: Direct order
The Customer has the option to place an order on the Site without creating a customer account.
To do this, the Customer must fill out the form provided when validating their cart. The information requested by the Operator is strictly necessary for processing the Customer's order.
Article 5 - ORDERS
The Operator strives to ensure optimal availability of its Products. The offers and prices displayed on the Site are valid as long as they are visible on the Site, within the limits of available stock.
If, despite the Operator's best efforts, a Product becomes unavailable, the Operator will inform the Customer by email as soon as possible, and the Customer will have the choice between:
- Delivery of a Product of equivalent quality and price to the one initially ordered, or
- Refund of the price of the ordered Product, no later than thirty (30) days from the payment of the sums already paid.
To place an order, the Customer must:
- Select the chosen Products,
- Add them to their cart by specifying the selected Products and desired quantities,
- Verify the details of their order and its total price. They can, if necessary, go back to previous pages to correct the contents of their cart,
- Validate their cart,
- Read the General Terms and Conditions of Sale (GTC) and express their acceptance by checking the designated box,
- Choose the payment method and confirm their commitment by clicking "Pay."
The Customer agrees to read the currently applicable General Terms and Conditions of Sale before placing an order. The confirmation of the order implies acceptance of the GTC.
Upon receipt of this order, the Operator conducts preliminary checks before validating the order, including verifying the payment of the order.
The order, once verified, will be followed by a confirmation email, which signifies the registration of the order by the Operator. This email will include the contents of the order, applicable GTC, and, if applicable, the conditions, deadlines, and procedures for the right of withdrawal, as well as refund procedures.
The Operator strongly advises the Customer to print and/or archive this confirmation of the order on a reliable and durable medium as proof. A digital invoice is made available in the order confirmation email. The Operator also recommends the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email sent to the Customer in the context of an order will be sent to the email address the Customer used to place the order.
Orders obligate the Customer to payment, so they are only final once confirmed by the payment of the price and, if applicable, by the confirmation from the payment center and the full payment of the order.
The Operator reserves the right not to proceed with the order placed by the Customer for any legitimate reason, including:
- If the Customer does not comply with the GTC in force at the time of their order,
- If any of the Customer's previous orders are the subject of an ongoing dispute.
In the case of orders exceeding the needs of an individual, or in cases of abnormal or bad-faith requests by the Customer in general.
In the case of information from the banking institution responsible for managing the payment of the order indicating the impossibility of using the selected payment method for the order payment.
And more generally, for legitimate reasons as provided for in Article L 121–11 of the Consumer Code.
Any modification to an order by the Customer after the confirmation of the order is subject to the prior written agreement of the Operator.
The information provided by the Customer when placing the order, including the name and delivery address, bind the Customer. Therefore, the Operator cannot be held responsible in any way if an error made by the Customer when placing the order prevents or delays delivery.
Article 6 - PRICES, PAYMENT METHODS, AND SECURITY
The price of the Products in effect at the time of the order is indicated on the Site in Euros, including all taxes (VAT).
The price of the Products does not include any possible delivery charges. The Customer is informed of any applicable delivery charges for their order before the final validation of the order and payment of the price.
The total amount due by the Customer and its breakdown are indicated on the order confirmation page.
Payment is made in cash, online.
Orders can be paid for using one of the following payment methods:
Payment by credit card.
The Operator uses the online payment solution Payplug.
Payment is made directly on the secure banking servers of the Operator's bank, and the Customer's banking details do not pass through the Site. The banking details provided during payment are protected by SSL (Secure Socket Layer) encryption. Thus, these details are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited with the corresponding amount only when (i) the data of the credit card used have been verified and (ii) the debit has been accepted by the bank that issued the credit card.
Failure to debit the amounts due will result in the nullity of the sale.
The credit card may be declined, particularly if it has expired, reached the maximum spending limit allowed for the Customer, or if the entered data is incorrect.
Payment via electronic wallet (such as "Paypal"). The Customer already has an account with the electronic wallet used by the Operator. The Customer can use this account to securely pay for their order without disclosing their banking details.
As part of the verification procedures, the Operator may ask the Customer for any necessary documents to complete the order. These documents will not be used for any purpose other than this.
Article 7 - OWNERSHIP RESERVATION
The Operator remains the exclusive owner of the Products ordered on the Site until the full payment of their price, including principal, interest, and accessories.
This provision does not preclude payment for the order and the transfer of risks of loss or damage to the Products upon delivery.
Article 8 - SHIPPING AND DELIVERY
Delivery refers to the transfer of physical possession or control of the Product to the Customer.
The Operator offers various delivery methods on the Site, and the Customer can select their preferred delivery method.
Delivery charges are specified to the Customer when placing the order and are accepted by the Customer upon order validation.
Delivery times vary depending on the delivery option chosen by the Customer and are indicated during the order process.
Delivery times are provided in working days on the Site when placing the order. These times include order preparation and shipment, as well as the carrier's expected delivery time.
The Customer agrees to provide accurate, up-to-date information when entering their contact and delivery address details.
The Operator commits to dispatch the Products in accordance with the delivery times indicated during the order process, subject to the effective payment of the order.
However, if one or more Products cannot be delivered within the initially announced timeframe, the Operator will send an email to the Customer indicating the new delivery date.
In the event of non-delivery within the agreed-upon timeframe, and no later than thirty days after the order is recorded by the Operator, the Customer may cancel their order by registered letter with acknowledgment of receipt to the address mentioned in Article 10 of the GTC, or in writing on another durable medium, if, after having urged the Operator in the same manner to perform within a reasonable additional period, the Operator has not made the delivery within that time, in accordance with Article L. 216-2 of the Consumer Code.
The order is considered canceled upon receipt by the Operator of the letter or written notification informing them of the cancellation unless the Operator has executed the order in the meantime.
When the Customer's order is canceled, the Operator will refund the Customer the full amount paid, without undue delay and no later than fourteen (14) days from the date they are informed of the Customer's decision to withdraw
Article 9 - RIGHT OF WITHDRAWAL
The Customer has a period of fourteen (14) days to exercise their right of withdrawal without having to provide a reason.
The Customer has fourteen (14) days to do so from the date of receiving the Product by themselves or by a third party designated by them (other than the carrier).
In accordance with Article L.221-21 of the Consumer Code and to exercise this right of withdrawal under the conditions of Articles L. 221-18 and following of the Consumer Code, the Customer may send:
- either the standard withdrawal form attached to the General Terms and Conditions of Sale, duly completed;
- or any other unambiguous statement expressing their desire to withdraw, specifying the order number concerned.
The Customer is invited to generate a return label from their customer account or to contact customer service indicating their wish to return all or part of their order at email@example.com.
The return costs are the responsibility of the Customer, and the initial shipping costs are not refundable.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all possible accessories.
In addition to the returned Product, the return package must also have the return form printed and attached to an exterior part of the package.
The package with the returned product and the return form affixed to it will be handed over to La Poste, which will take care of shipping it to the Operator's warehouse.
The Operator will refund the Customer the full amount paid without undue delay and no later than fourteen (14) days from the date on which they are informed of the Customer's decision to withdraw.
The Operator may defer the refund until the goods are recovered or until the Customer has provided proof of shipment of the goods, with the date of the first of these events being the one retained.
This refund may be made by the same means of payment used by the Customer. In this regard, Customers who have paid for their order in the form of vouchers/gift cards may be refunded in vouchers/gift cards according to the Operator's preference.
By accepting the General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal conditions.