GENERAL TERMS AND CONDITIONS OF SALE
PLEASE READ THE FOLLOWING GENERAL TERMS AND CONDITIONS OF SALE CAREFULLY AS THEY GOVERN (i) ALL VISITS TO THE SITE AND (ii) ALL ORDERS PLACED ON THE SITE WWW.MAUDFOURIER.COM (HEREAFTER REFERRED TO AS THE "SITE").
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These General Terms and Conditions of Sale (GTC) apply between :
The company MMS SARL with a capital of 16.000€ located at 43 Bvd de la Tour-Maubourg 75007 Paris, registered with the Paris Trade and Companies Register under the number 51518805 - Director of publications: Maud Fourier.
Hereafter referred to as « MMS »
Any natural person visiting or ordering online on the Site or in the showroom located at the company's head office.
Hereafter referred to as « you », the « Customer » or the « Internet user »
These GTC aim to define (i) the conditions of use and navigation of the Site and (ii) the ordering procedures between MMS and the Internet user (in particular, placing an order, payment and delivery).
« Parties » means MMS and/or the Customer.
« Order » means any purchase completed by a Customer on the Site.
« Product » means any item available for hire or for sale on the Site.
4. Conclusion of the contract
4.1 Accessing the Site constitutes acceptance of these GTC.
4.2. The creation of an account implies express compliance with the GTC. These General Terms and Conditions of Sale are subject to modification, the applicable conditions are those in force on the Site on the date that the Order is placed by the Internet user.
You will be required to expressly accept these GTC in order to validate the creation of your account by checking the box « I have read and accept the GTC » and then when confirming your Order by checking the box « I confirm my acceptance ».
You acknowledge that this « double click » constitutes your acceptance of these GTC (see also Condition 6. Registration).
4.3 The Internet user declares :
* that they have the capacity to enter into the present contract, meaning that they are of legal age and not under guardianship.
* that they will not proceed to purchase products available on the Site with the intention of reselling them.
The Site is considered to be a general audience website and is not intended to be used by children. Children accessing the Site should obtain the permission and assistance of a parent or guardian to use the Site. By signing in or placing an order on the Site, you acknowledge that you are of legal age according to the laws applicable in your country of residence or have obtained the authorisation of your legal guardians. While using the Site, you declare and guarantee that (a) all of the information provided in the online forms is true and accurate; (b) you will maintain the accuracy of the said information; (c) your usage of the Site does not violate any law or regulation applicable in the country from which you are accessing the Site.
5. Modification of the GTC
We reserve the right, at any time and at our sole discretion, to change, modify, add to or remove certain provisions of the GTC. It is your responsibility to regularly consult these GTC in order to become aware of the changes that are made. We will inform you of changes made to the GTC by posting them on the Site. In the case of significant changes to the GTC, you will be informed by any means that we consider to be appropriate (for example, email or pop-up browser window).
Use of this Site after the publication of changes related to the GTC constitutes acceptance of the said changes. If you do not accept these GTC and/or their modification, you should not use our Site and, in this case, you should request that your account be deactivated.
Every Order will be subject to the GTC in force at the time.
In order to purchase a Product, you first need to create an account on our Site.
You will then have to fill in a data collection form with your name and surname, delivery and billing address, telephone number and email address. You undertake to provide information that is correct and up to date. Information that is required to create your account is indicated by an asterisk (see provision 20 « Personal Information » for further information about the processing of your personal information by the Site).
When you create an account, you are also required to choose a username and a password that will then enable you to sign in and browse the Site.
In order to validate the creation of your account, you must read and provide express acceptance of these GTC by checking the box « I have read and accept the GTC » and then by completing your registration by checking the box « I confirm my acceptance » .
You acknowledge that this « double click » constitutes your full and unreserved acceptance of these GTC. If you do not accept these GTC in full, you must not finalise your registration, you will not be able to place an Order and you must not make further use of the Site.
A summary one of your registration will be sent to you by MMS to the email address that you provided.
7. Security and confidentiality of usernames and passwords
Your username and password are for strictly personal use. You must not communicate this information to third parties. It is your responsibility to ensure the confidentiality of your password and username and to restrict access to this information. You agree to be held personally liable for any activity carried out using your username and your password.
If you think that someone else is using your account, you undertake to immediately notify MMS by sending an email to the following address firstname.lastname@example.org. You undertake not to use the account or the username and password of another member.
8. Deactivation of your account
At any time, you are able to deactivate your account by sending a registered letter with acknowledgement of receipt to the following address email@example.com. However, no deactivation can be completed whilst the entirety of the Products that you have hired via the Site has not been duly returned.
In the fifteen (15) days following the receipt of your deactivation request, MMS will verify that the conditions of deactivation have been fulfilled and will deactivate your account and/or contact you if need be.
9. Compliance with the GTC
By using the Site, you accept to be legally bound to the GTC and to comply with them, just as if you had signed a contract. If at any time you fail to comply with provisions 14 and 21 of these GTC, we reserve the right, in such a case, to automatically deactivate, your user account and/or to block your access to the Site (completely or partially) with reasonable notice.
Notwithstanding the above, in the case of serious breaches of provisions 4, 11.4, 11.7 or 11.8 of these GTC, except as otherwise provided, you acknowledge that we can immediately and without notice end your access or use of the Site by deactivating or deleting your user account as well as the information and related files in your user account and/or prohibit any further access to this information and/or files as well as access to our Site. In addition, you acknowledge that we will not be liable to you or to third parties for damages that may result from the cancellation or blocking of your access or use of our Site following breaches that you committed in respect of the aforementioned provisions.
10. Ordering on MMS
10.1 Date of formation and date of execution of contracts
Any contract of sale is deemed to have been concluded between the Parties from the date that confirmation of the Order is sent via email by MMS.
Notwithstanding the above, if MMS requested that the Customer provide supporting documentation as proof of identity, the contact will only be deemed to have been concluded upon receipt of the final order confirmation by email from MMS.
The sales contract is deemed to have been performed from the moment that the Product is sent, via any means, by MMS.
10.2 Contractual Documentation and evidence
MMS will keep a copy, by reliable and durable electronic means, of the Orders and the invoices issued by MMS. These copies are faithful and durable within the meaning of Article 1348 of the French Civil Code
10.3 Rights of withdrawal
In accordance with the provisions of Article L.121-6 of the French Consumer Code, you can exercise your right of withdrawal within seven (7) clear days from the formation of the contract (if this deadline falls on a Saturday, Sunday or Public Holiday, the deadline will be extended until the next business day) on the condition that the execution of the contract has not yet commenced.
In order to exercise your right of withdrawal, you must send an email to the following address firstname.lastname@example.org.
MMS will refund the amount charged within thirty (30) days of receiving your withdrawal request and you must return the Product within this same time-frame of thirty (30) days.
12.2 Delivery costs and times
For all orders above 100€ (including taxes) the delivery fees are included for delivery destinations in metropolitan France. For all other destinations, the fees and delivery times vary according to the destination and the weight of the package. These delivery fees will be indicated when you confirm your Order.
The delivery fees are at your expense (outside of metropolitan France) and will be added to the price of the sale. These delivery fees will be indicated when you confirm your Order.
The delivery fees are as follows:
* DELIVERY IN FRANCE Colissimo, Chronopost, TNT, UPS, Courier.
o Delivery Fee in metropolitan France. For orders of more than 100€ (including taxes) the delivery fees are included for free. For orders of less than 100€ (including taxes) the price of the delivery is determined according to the weight of the Product.
o Delivery times in France. Between 24 hours and 72 hours according to the chosen method of delivery.
* DELIVERY TO THE REST OF EUROPE Colissimo International, TNT, UPS.
o Delivery fees in Europe. The price of the delivery is determined according to the weight of the Product.
o Delivery times in Europe. Between 24 hours and 7 business days according to the chosen method of delivery.
* DELIVERY OUTSIDE OF EUROPE Colissimo International, International Chronopost, TNT, UPS.
o Delivery fees outside of Europe. The price of the delivery is determined according to the weight of the Product.
o Delivery times outside of Europe. Between 24 hours and fifteen days according to the chosen method of delivery and the country.
13. Payment Methods
MMS offers customers the following payment methods :
* Bank card : Bank Card, Visa, MasterCard
Payment by bank card is made directly through MOLLIE and is secure.
For payments by cheque, MMS will dispatch the Product once the cheque has been deposited by MMS.
In the event that a Product is out of stock, you can register on the waiting list that has been established. MMS will send you an email as soon as the Product is available once more.
15. The Mag
MMS produces a blog that regularly provides visitors to the Site with the Thought of the Day, tips and fashion information etc.
This content is provided for information purposes only and MMS does not guarantee the accuracy or veracity of the information.
20. Personal information and cookies
20.1 Personal information
Personal information includes all of the information related to you as a natural person (individual) that you provide when you sign in to the Site or use the site, and which allows you to be identified.
MMS collects and processes the personal information that you provide only for the following purposes: the creation and management of your account, the management of your Orders and/or, if you have given express permission, the distribution by email of the Newsletter, and/or promotional offers, and/or commercial offers.
Information that is required is marked with an asterisk (*) on the data collection forms that appear on the Site. If you do not provide this required information, we will not be able to create and/or manage your account or your Orders.
Certain data may be transmitted to third party service providers, particularly for the purpose of combating fraud or securing payments.
A cookie can allow us to identify you by name, notably through your session sign-in ID; it also records information about the way that you browse the Site which can be read directly by the servers and used by MMS during your future visits or electronic requests on the Site.
* to analyse your browsing habits on the Site in an anonymous way in order to provide you with the best service possible ;
* to identify you after the connection to your account
You can define the management of cookies on the hard drive of your computer using the options setting of your Internet browser (in Internet Explorer, the tab «Tools», under the section «Privacy», in Firefox click «Settings»then Preferences... then select «Privacy» and open the tab «Cookies»). By modifying these parameters, you can decide to accept all cookies, to be informed when a cookie is activated or to reject all cookies. You can also regularly remove cookies stored on your hard drive.
If you choose to reject all cookies, site navigation will not be possible on www.matemonsac.com.
20.3 Right to access, rectify and delete information
In accordance with the provisions of Articles 39 and 40 of the French law No.78-17 dated 6 January 1978 concerning information technology, the processing of personal information collected via the Site is the subject of an official declaration filed with the French National Commission on Information Technology and Liberties (CNIL). You have the right to access, modify, rectify and delete your personal data. To exercise this right, you must send an email to the following address: email@example.com.
21. License to use the Site and Intellectual property
Except as otherwise stated, we grant you a limited, non-exclusive and non-transferable right to use and to view the Site and the various documents that it contains. This right is granted for personal, non-commercial use provided that you comply with all of the provisions of these GTC. You acknowledge that the Site contains information, programs, photographs, videos, text, graphics, music, sounds, questions, creative suggestions, messages, comments, responses, ideas, notes, drawings, articles and other types of documents (hereafter referred to collectively as the « Content ») that are protected by copyright, database rights, trademark laws and/or all other property laws.
You acknowledge that these rights are valid and protected in all their forms and all existing or future materials.
We also hold the copyright related to the Site layout and the selection, coordination, arrangement and improvement of the Content.
All of the brands that feature on this Site are the trademarks of their respective owners.
You are strictly prohibited from modifying, publishing, transmitting, distributing, using, participating in the transfer or sale, creating derivative works or exploiting the Content, in whole or in part, in any other way. Downloading the Content does not give you any property rights over the Content. The modification of the Content or its use for any other means, including the use of the Content in printed form or on any other website or computer network environment, is strictly prohibited without our prior written agreement.
These GTC only apply to this Site.
We may establish links to other websites.
You acknowledge and accept that we are not in any way responsible for the availability of these sites and that we do not have any involvement in the choice or validation of their content, ads, products or other documents or resources that feature on these websites (whether available from this Site) and that we cannot be held liable for this.
Consequently, you acknowledge and accept that we are not liable in any circumstances for loss or damage, whether direct or indirect, that you may incur or that could be caused through the use of content, advertising, products or other resources available on other websites (independent of the existence of a direct or indirect link to this content, advertising, products or other resources) or due to your reliance on these websites.
23. Exclusion of warranties
MMS does not guarantee that the Site will operate without error or interruption, nor that is free from viruses or other harmful components.
Nevertheless, we make reasonable efforts to secure the Site and to put in place adequate security and protection measures. You must save the data stored on your computer and regularly make backup copies.
We do not provide any guarantee as to the accuracy, the veracity or the reliability of the content on the Site.
24. Limitation of liability
The Products available on the Site are described and displayed with the greatest possible accuracy. However, MMS shall not be liable for minor variations in the representation of items, nor does this affect the validity of the Order.
MMS is not liable for the late delivery by its service providers.
Each Party is liable for direct damages that have been duly proved and which are caused by failure of the party to comply with their obligations as set forth in these terms and conditions.
We shall not be liable for indirect damages, including in particular loss of profits, loss of customers, loss of data or other intangible losses arising from the Site and/or all the content of the Site
25. Entire Agreement
If one of the provisions of the GTC, for any reason whatsoever, is declared illegal, null or unenforceable, this provision will be considered to be independent of the other provisions of these GTC and shall not affect the validity and enforceability of the remaining provisions.
26. Choice of prevailing law and juridiction
These GTC will be governed and construed in accordance with French law. Any legal action arising or resulting from your use of the Site, from your Orders or from these GTC must be brought before the French court of the appropriate jurisdiction.
The GTC were updated on october, 24th 2023.