SALES TERMS AND CONDITIONS
Between the Mateoli Individual Company,
12 rue Beaumont, 06300 Nice, registered in the Trade and Companies Register of NICE, under number SIRET 892 544 503 00014, represented by Mr. Francisco Pares as manager, duly authorized for the purposes hereof. The company can be reached by email by clicking on the form accessible via the contact page of the site.
Hereinafter the "Seller" or "the Company".
Firstly,
And the natural or legal person purchasing the Company's products or services,
Hereinafter, "the Buyer", or "the Customer"
On the other hand,
The following was stated and agreed:
PREAMBLE
The Seller is a supplier of Products intended for consumers, marketed through its website (http://mateoli.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.
ARTICLE 1: OBJECT
These Sales Terms and Conditions determine the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.
ARTICLE 2 : GENERAL DISPOSITION
These Sales Terms and Comditions govern the sales of Products, made through the Company's website, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The Terms and Conditions then applicable are those in force on the date of payment of the order. These Terms and Conditions are available on the Company's website at the following address: https://mateoli.com/en/content/terms-and-conditions-6. The company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these Sales Terms and Conditions, and, where applicable, the Terms and Conditions related to a product or a service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3: PRICE
The prices of the products sold through the website are indicated in Euros (€) all taxes included (TTC) and precisely determined on the product description pages. They are also indicated in Euros (€) all taxes included on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to obtain information on these aspects from the corresponding local authorities. The company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs. The delivery costs are detailed on the following page: -.
ARTICLE 4: CONCLUSION OF THE ONLINE CONTRACT
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order. However, the steps described below are systematic:
- Information on the essential characteristics of the Product;
- Choice of the Product, if applicable of its options and indication of the essential data of the Customer (identification, address, etc.);
- Acceptance of these Sales Terms and Conditions.
- Verification of the elements of the order and, if necessary, correction of errors.
- Follow-up of the instructions for the payment, and payment of the products.
- Product delivery. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. For the products delivered, this delivery will be made to the address indicated by the Customer.
During his ordering process, the customer will have the possibility of identifying any errors made in entering data and of correcting them. The languages offered for the conclusion of the contract are: French, English or Spanish.
For the purposes of successful completion of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
ARTICLE 5: PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the Company's website, as well as, where applicable, the mode of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and the special conditions of sale and of the execution of services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the supply of the products is not carried out immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller will reimburse the customer.
The contractual information is presented in detail and in French, English or Spanish. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are specific conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).
ARTICLE 6: COMPLIANCE
In accordance with article L.411-1 of the Consumer Code, the products offered for sale through these Sales Terms and Conditions meet the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions on compliance and hidden defects (art. 1641 c.civ.), The Seller reimburses or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested via the website contact page.
ARTICLE 7: RETENTION OF OWNERSHIP CLAUSE
The products remain the property of the Company until full payment of the price.
ARTICLE 8: DELIVERY TERMS
The products are delivered to the delivery address which was indicated when ordering and within the deadlines indicated. These times do not take into account the time taken to prepare the order.
In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the "outbound" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered.
ARTICLE 9: AVAILABILITY AND PRESENTATION
In the event that an item is unavailable, you will be immediately notified of the foreseeable delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and cancellation of the order.
ARTICLE 10: PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by credit card, PayPal or Apple Pay. Cards issued by banks domiciled outside France must be international bank cards (Visa, Mastercard or American Express). Secure online payment by credit card is made by our payment service provider (Mollie). Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event that it is impossible to debit the card, the Sale is automatically terminated and the order canceled.
ARTICLE 11: WITHDRAWAL PERIOD
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days of the date of receipt of his order.
The right of withdrawal can be exercised by contacting the Company via the contact page of the site. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for food products already partially or totally consumed (ex: open packets of mate). If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased, the shipping costs will be reimbursed and also the return costs. Product returns are to be made in their original condition and complete.
ARTICLE 12: GUARANTEES
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The refund request must be made via the contact page of the website.
The Seller reminds that the consumer:
- Has a period of 2 years from the delivery of the goods to act with the Seller
- That he can choose between the replacement and repair of the good (apparently defective or not corresponding) subject to the conditions provided for by the aforementioned provisions.
- That he is exempt from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the good.
- That, except for second-hand goods, this period will be extended to 24 months from March 18, 2016
- That the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code).
ARTICLE 13: CLAIMS AND MEDIATION
If necessary, the Buyer can submit any complaint by contacting the Company via the contact page of the website
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for by Title I of Book VI of the Consumer Code.
ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these Sales Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 15: FORCE MAJEURE
The conclusion of the seller's obligations at the end of these presents is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 16: NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
ARTICLE 17: PROTECTION OF PERSONAL DATA
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a processing of personal data which purpose the sale and delivery of products and services defined in this contract.
ARTICLE 18: APPLICABLE LAW AND CLAUSES
All the clauses appearing in these Sales Terms and Conditions, as well as all the purchase and sale transactions referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these Sales Terms and Conditions.
ARTICLE 19: CONSUMER INFORMATION
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it acquired, or would have given only a lower price, if he had known them.
Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code:
The good complies with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
- If it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, condition covered by the warranty, any downtime of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.