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: coucou@mathildecabanas.com

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:

  1. Delivery of a Product of equivalent quality and price to the one initially ordered, or
  2. 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:

  1. Select the chosen Products,
  2. Add them to their cart by specifying the selected Products and desired quantities,
  3. 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,
  4. Validate their cart,
  5. Read the General Terms and Conditions of Sale (GTC) and express their acceptance by checking the designated box,
  6. 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:

  1. If the Customer does not comply with the GTC in force at the time of their order,
  2. 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

6.1 Prices

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.

6.2 Payment

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 coucou@mathildecabanas.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.

Article 10 - CUSTOMER SERVICE

For any information, request for information, or complaint, the Customer can contact the Operator using the following methods, indicating their name, telephone number, the subject of their request, and the order number concerned:

  • by email at coucou@mathildecabanas.com
  • at the following address: Société Mathilde Cabanas - 28 avenue Jules Védrines - 44300 Nantes

Article 11 - INTELLECTUAL PROPERTY AND SITE USAGE LICENSE

The Operator is the sole owner of all elements present on the Site, including, but not limited to, all text, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, trademarks, visual identity, databases, site structure, and all other elements of intellectual property and other data or information (hereinafter referred to as the "Elements") protected by French and international laws and regulations, particularly those relating to intellectual property.

Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or exploited in any other way, whether free of charge or for consideration, by a Customer or a third party, using any means and/or media, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis.

The Operator reserves the right to take legal action against individuals who have not complied with the prohibitions contained in this article.

Article 12 - LIABILITY AND WARRANTY

12.1 Operator's Liability

The Operator cannot be held responsible for the non-performance or delay in the performance of the contract due to the Customer or due to an event constituting a case of force majeure within the meaning of Article 1218 of the Civil Code, including, but not limited to: natural disasters, fires, epidemics, pandemics, large-scale social movements, acts of authority, internal or external strikes, fortuitous breakdowns, shortages, war, etc.

The Customer acknowledges that the characteristics and constraints of the Internet do not allow for the guarantee of the security, availability, and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or malfunction. In particular, their operation may be temporarily interrupted for maintenance, updates, technical improvements, or to evolve their content and/or presentation.

The Operator cannot be held responsible for the use of the Site and its services by Customers in violation of the General Terms and Conditions of Sale and for any direct or indirect damages that such use may cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false statements made by a Customer.

12.2 Warranty

The Operator is responsible for the lack of conformity and hidden defects of the item sold in accordance with the conditions provided for in Articles L 217-4 and following of the Consumer Code and Articles 1641 and following of the Civil Code.

The Customer is informed that the seller guaranteeing the conformity of the goods sold is the Operator.

12.2.1 Legal Warranty of Conformity

When acting under the legal warranty of conformity, the Customer:

  • has a period of two (2) years from the delivery of the item to take action;
  • can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
  • is exempt from proving the existence of the item's lack of conformity during the twenty-four months following the item's delivery, except for second-hand goods.

The legal warranty of conformity applies independently of any commercial warranty that may be granted.

12.2.2 Warranty for Hidden Defects of the Item Sold

The Customer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, the Customer may choose between canceling the sale or reducing the selling price in accordance with Article 1644 of the Civil Code.

Upon receipt of their order, the Customer must ensure that the products delivered conform in all respects to their order. Otherwise, the Customer must inform the Operator's customer service (see Article 10) by registered letter with acknowledgment of receipt within a maximum period of [48] hours following the receipt of the product(s) concerned.

It is reminded that the search for amicable solutions prior to any legal action does not interrupt the time limits for legal guarantees or the duration of any contractual guarantee.

Products covered by warranties must be returned complete and in their original condition and packaging, with the return form affixed to the package after receipt and confirmation of the claim by the Operator's customer service.

ARTICLE 13 - AFTER-SALES SERVICE

Any after-sales services performed by the Operator that do not fall under the commercial warranty are the subject of a contract, a copy of which is provided to the Customer.

ARTICLE 14 - PERSONAL DATA

For more information regarding the use and processing of personal data by the Operator, please carefully read the Privacy Policy (the "Privacy Policy"). You can consult this Privacy Policy on the Site at any time.

Article 15 - HYPERLINKS

The hyperlinks available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Site and agree to use third-party sites at their own risk or, if applicable, in accordance with the terms and conditions governing them.

The Customer acknowledges that the Operator neither controls nor contributes in any way to the creation of the terms of use and/or the content applicable to or appearing on these third-party sites.

Consequently, the Operator cannot be held responsible in any way for these hyperlinks.

Furthermore, the Customer acknowledges that the Operator cannot endorse, guarantee, or take over all or part of the terms of use and/or the content of these third-party sites.

The Site may also contain promotional hyperlinks and/or banner ads leading to third-party sites not published by the Operator.

The Operator invites the Customer to report any hyperlink on the Site that allows access to a third-party site offering content contrary to the law and/or good morals.

The Customer may not use and/or insert a hyperlink pointing to the site without the prior written and case-by-case consent of the Operator.

Article 16 - GENERAL PROVISIONS

16.1 INTEGRITY OF THE AGREEMENT OF THE PARTIES

The General Terms and Conditions of Sale constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Customer and the Operator with respect to their subject matter.

16.2 MODIFICATIONS OF THE TERMS

The Operator reserves the right to modify the content of the Site or the services available on it at any time and without notice, and/or to temporarily or permanently cease to operate all or part of the Site.

Furthermore, the Operator reserves the right to modify the location of the Site on the Internet and the General Terms and Conditions of Sale at any time and without notice. The Customer is therefore required to refer to the General Terms and Conditions of Sale before using the Site.

The Customer acknowledges that the Operator cannot be held liable in any way towards the Customer or any third party for these modifications, suspensions, or cessations.

The Operator advises the Customer to save and/or print the General Terms and Conditions of Sale for safe and durable storage and to be able to refer to them at any time during the performance of the contract if necessary.

16.3 COMPLAINTS - MEDIATION

In the event of a dispute, the Customer must first contact the Operator in order to find an amicable solution, by email at the following address: coucou@mathildecabanas.com.

Furthermore, in accordance with Article 14 of Regulation (EU) No 524/2013, the Customer is informed that the European Commission has established an Online Dispute Resolution platform, which facilitates the out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

16.4 APPLICABLE LAW

These General Terms and Conditions of Sale are governed, interpreted, and applied in accordance with French law.

16.5 COMPETENT JURISDICTION

In the absence of an amicable solution and regardless of the origin of the dispute, it will be under the jurisdiction of the competent French courts, in accordance with the rules of common law.