Buyer: means any User of the Site placing an order for a Product.
GCS/Contract: refers to the present general terms and conditions of sale.
Order: means any request for purchase by a User of a Product marketed by the Seller.
Party(ies): means individually or collectively the Buyer and/or the Seller.
Product: means any product sold by the Seller on the Site.
Website: means the website accessible from the following domain name: mataki.be
Seller : refers to the company Mataki, Matthieu Hocquemiller, Company number 0736960864. at Rue Forestière 41. Ixelles. Belgium.
User: refers to any person browsing the Site or using it.
Article 1: Purpose
The purpose of these GCS is to define the rights and obligations of the Parties in the context of the online sale of the Products by the Seller to the Buyer.
Any order of Products implies the Buyer’s unreserved acceptance and full and complete adherence to these GCS, which prevail over all other conditions except those expressly accepted by the Vendor.
The Buyer declares that it has read these GCS and accepted them before placing its Order.
Article 2: Information on the Products
The Products whose sale is framed by these GCS are those that appear on the Site and that are indicated as sold and shipped by the Seller. They are offered within the limit of available stocks, it being specified that the Vendor reserves the right to interrupt the production of certain Products.
The Products are described and presented with the utmost sincerity. However, the Seller does not guarantee the accuracy of the photos or the information related to the Products, which have only an illustrative purpose and have no contractual value. It results from the foregoing that in the event that errors or omissions occur in the presentation of the Products, the Seller shall not be held liable.
Article 3: Orders
Before placing an Order, it is the responsibility of the Purchaser to obtain access to an Internet network allowing navigation on the Site, it being specified that the Purchaser alone shall bear the costs relating to this connection.
In order to place an Order for Products, the Buyer must first have created an account on the Site allowing him/her to be identified. In particular, the Buyer must indicate his/her contact details and, more specifically, his/her e-mail address at which the Vendor may contact him/her for any information and/or request for information relating to his/her account or Order. It is up to the Buyer to keep his password confidential and to restrict access to his account. In the event that the Buyer has already created an account, the Buyer shall enter his login details.
The completion of an Order is reserved for adults only. The Vendor reserves the right to ask the Buyer for any justification of his age. The Buyer shall refrain from assigning its account and shall scrupulously comply with the regulations in force within the framework of the Contract.
The Buyer shall select the Products he wishes to order and add them to his basket. Only the Products making up the basket may be the subject of an Order.
In order to validate his Order, the Buyer must accept these GCS by clicking on the indicated place. Once the GCS have been accepted, the Buyer must choose the address and the delivery method and validate the payment method. Once the Order has been completed by the Buyer, he will be asked to confirm the accuracy of the Order and the information relating to its delivery and payment before transmitting the Order. The Purchaser shall be free to modify his/her Order or the information communicated until the Order has been validated and transmitted to the Vendor.
The validation of the Order for Products under the conditions defined above and the online provision of the credit card number shall be deemed to be valid:
– acceptance of the Seller’s offer and in particular the prices and descriptions of the Products available for sale;
– payment of the sums due under the Order;
– signature and express acceptance of all operations carried out.
Once the Order has been sent to the Seller, the Seller shall process the details of the Order. In the event of a problem relating to payment, delivery or any other difficulty encountered on the Buyer’s account, the Vendor reserves the right to suspend the Order until the said problem is resolved, provided that it has notified the Buyer by e-mail. After verifying the information communicated by the Buyer and the availability of the Products ordered, the Seller shall send the Buyer by e-mail a confirmation of the Order in which the Seller shall specify an Order number and attach the corresponding invoice.
Article 4: Prices
The price of the Products and associated taxes are those indicated on the Site. They are expressed in euros. The Vendor reserves the right to modify the prices of the Products at any time subject to applying the prices indicated on the Site at the time of the Order.
Delivery costs, also expressed in euros, corresponding to the chosen delivery method will be invoiced in addition to the sale price of the Products.
Article 5: Terms of payment
The validation of the Order by the Buyer implies the payment of the Order by the Buyer. The Vendor provides the Purchaser with the following methods of payment: credit card / secure payment via paypal. The Vendor has the necessary authorizations to use the above-mentioned payment methods. By proceeding to the payment of the Order, the Buyer certifies that he/she is authorized to use the credit card whose information has been communicated for this purpose, and authorizes the Vendor to invoice the Order.
In the event of refusal to authorize payment by credit card or non-payment of the Order validated by the Purchaser, the Vendor reserves the right to suspend the processing of the Order and, in particular, the delivery of the Products until full payment has been received.
In the event of failure to identify and verify the credit card used as payment method, the Order concerned shall be cancelled.
Article 6: Availability of Products
Subject to the availability of the Products ordered, the delivery time is that indicated on the Site on the day of the Order according to the delivery method chosen by the Purchaser.
In principle, the Products indicated as being “in stock” on the Site are available. However, in certain exceptional circumstances, the Vendor may not be able to deliver the Products ordered. In this case, the Seller will notify the Buyer as soon as possible by e-mail and the Buyer may either ask the Seller to reimburse the Order concerned within 14 (fourteen) working days, or to exchange the unavailable Product.
If the Product ordered is temporarily unavailable, the Vendor will restock the stock and deliver the Order as soon as possible, it being specified that the amount of the Order will be invoiced on the day of its dispatch to the Buyer.
Article 7: Delivery
The Products are delivered internationally. Delivery is only made after confirmation of payment by the seller’s bank.
Deliveries of the Products are made by a service provider of the Seller.
Delivery options and lead times will be indicated to the Buyer before the validation of his Order.
The Products are delivered to the delivery address indicated by the Buyer. If the Buyer is absent on the day of delivery, the delivery person will leave a delivery notice allowing the Buyer to pick up the parcel at the address indicated.
The Buyer must make any claim to the Seller on the day of delivery or at the latest on the first working day following delivery, for any delivery error and/or non-conformity of the Products in kind or in quality with the indications on the Order. Any claim made after this deadline shall be rejected. The claim may be made by e-mail to the following address: firstname.lastname@example.org.
Article 8: Retention of title
Ownership of the Products is transferred upon shipment. The delivered Products remain the property of the Seller until they are handed over to the carrier.
Article 9: Right of withdrawal
In accordance with the provisions of the Consumer Code, the Buyer has a period of 14 (fourteen) working days from the delivery date of his Order to return any Product that does not suit him and request an exchange or refund without penalty, except for the return costs which remain the responsibility of the Buyer.
To exercise his right of retraction, the Buyer must use the form available here.
Only Products returned in their original packaging complete and intact, and in perfect condition for resale will be accepted. Any Product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
Article 10: Return – Refunds
In the event that the Product ordered is unavailable or the Buyer exercises his right of withdrawal, the Seller shall reimburse the Buyer for all payments received from the latter, including standard delivery charges (i.e. corresponding to the cheapest delivery we offer) no later than 14 (fourteen) working days from receipt of the request for reimbursement or withdrawal, subject, in the latter case, to having received the Products concerned. The Seller shall use the same means of payment as the one used to pay for the Products.
The Seller shall use the same payment method as that used by the Buyer for the initial Order.
The Products thus returned to the Seller shall be sent to the following address: Mataki, Matthieu Hocquemiller, Rue Forestière 41. Ixelles. Belgium
Article 11: Guarantees
In accordance with article L. 21-4 of the Consumer Code, the buyer has a legal guarantee of conformity of the Products purchased as well as a guarantee of hidden defects under the terms of article 1641 of the Civil Code.
Article 12: Liability
The Seller shall be liable for any direct damage related to the use of the Products and foreseeable at the time of the Buyer’s Order.
Notwithstanding the foregoing, the Seller shall not be held liable in the event of force majeure. Will be considered as cases of force majeure the events beyond the control of one of the Parties, which could not be reasonably foreseen at the time of the Order and whose effects cannot be avoided by appropriate measures, preventing the execution of its contractual obligation by one of the Parties. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The Vendor shall not be held liable in the event of a delay due to an out-of-stock condition at the supplier’s or in the event of minor differences between the photos of the Products and/or the information presenting the Product indicated on the Site, and the Products delivered.
Within the framework of its relations with professionals, the Vendor may not be held liable for loss of profits, commercial losses, loss of data or loss of profit or any other indirect damage or damage that was not foreseeable at the time of the Product Order on the Site.
The limitation of liability referred to above shall not apply in the event of fraud or gross negligence on the part of the Vendor, in the event of bodily injury or liability for defective products, in the event of eviction and in the event of non-compliance.
Article 13: Completeness
These GTC constitute the entire agreement of the Parties. It cancels and replaces all previous contracts and agreements between the Parties having the same object.
The fact that one of the Parties tolerates a situation does not have the effect of granting the other Party and/or waiving the rights in question.
The Parties agree that if one of the stipulations of the GTC is deemed null and void or inapplicable, the other stipulations shall remain in full force and effect.
The Seller reserves the right to amend these GTC at any time, provided that it publishes the new GTC on its website or by e-mail at least fifteen days before their entry into force. The applicable General Terms and Conditions of Sale are those in force on the day of the validation of the Order by the Buyer.
Article 14: Applicable law – Dispute settlement
The Contract is subject to French law.
In the event of disputes relating to the formation, termination, execution and/or interpretation of the GCS, the Parties shall attempt in good faith to reach an amicable agreement to resolve this difficulty.
The Buyer may send his complaints by e-mail to the Seller’s consumer service department, stating the difficulties and/or shortcomings observed, to the following address: email@example.com.
In the event of a response deemed unsatisfactory by the Buyer or if there is no response within fifteen (15) days of receipt of the complaint by the consumer service, the Buyer may request the services of the mediator free of charge by sending a letter by e-mail or by post to the following address: MATAKI. Hocquemiller. Rue Forestière 41. 1050 IXELLES BELGIUM. The Purchaser must specify the subject of his request and attach the documents on which it is based.
Upon receipt, the mediator shall notify the Parties by e-mail or ordinary mail of the referral. Within the framework of this mediation, the Buyer may be assisted by any person of his choice or be represented by a lawyer at his own expense.
Each Party may also request the opinion of an expert whose costs shall be borne by the other Party. In the event of a joint request for an expert opinion, the costs shall be shared equally between the Seller and the Buyer.
The mediation shall be completed within ninety days from the date of notification of the referral by the mediator. The Parties shall be free to accept or reject the mediator’s proposal.
In any event, recourse to mediation is not compulsory. On the other hand, if the Buyer wishes to request the services of the mediator, he must first address his complaint to the Seller’s consumer service.
In the event that the Buyer does not wish to refer the matter to the mediator, or that one of the parties refuses the mediation proposal, or if no amicable agreement is reached, the Buyer or the Seller shall be free to initiate proceedings before the court of his choice subject to a specific allocation of jurisdiction arising from a particular law or regulation.