Terms of sale
Terms and Conditions of Sale
Preamble
You are currently connected to the site " https://www.myorganicstuff.com ". The purpose of this document is to inform you about the company and its General Conditions of Sale.
These General Terms and Conditions of Sale apply to all orders placed on the website " https://www.myorganicstuff.com " (hereinafter referred to as " the Site ").
These General Terms and Conditions of Sale are concluded on the one hand between :
- The company " MATI SMILE ", SARLU with a capital of 10.000 euros, whose head office is located 10 bis rue de l'hippodrome - 92150 Suresnes - France, registered in the Trade and Companies Register of Nanterre under the number 532 664 695, intra-community VAT identification number: FR 92 532664695.
Email address: vmyorganicstuff@gmail.com
Hereinafter referred to as "MATI SMILE".
And, on the other hand,
- By any individual or legal entity wishing to make a purchase via the Website " http://www.myorganicstuff.com ".
Hereinafter referred to as the "Buyer", the "Customer" or "You".
The parties agree that their relationship will be governed exclusively by this contract, to the exclusion of any conditions previously available on the Site. However, if a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
The Customer acknowledges having, prior to placing the order, read all of the aforementioned information and the General Terms and Conditions of Sale.
Article 1 - Purpose
Fields of application
The present General Conditions of Sale aim at defining the contractual conditions (Rights and Obligations) between Mati Smile and the Customer, whether professional or consumer, within the framework of the sale of products by Mati Smile, carried out through its commercial site.
The present contract is in conformity with the French regulation in force, and more particularly with the Law 2004-575 known as the Law for the confidence in the digital economy. It is also in conformity with the OECD recommendations in the field of electronic commerce, as well as with the provisions of the Châtel law coming into force on June 1st 2008 and the Hamon law coming into force on June 13th 2014.
Important: the present contract is made up of the present General Terms and Conditions of Sale and the order form.
Duration of application and modifications of the General Terms and Conditions of Sale
The present General Terms and Conditions of Sale are valid from 07/07/2020. This edition cancels and replaces the previous versions.
Mati Smile reserves the right to adapt or modify at any time and without notice the present General Sales Conditions. In case of modification, the General Sales Conditions in force on the day of the order will be applied to each order.
Thus, the Customer must be at least eighteen (18) years of age, be legally capable of contracting and using this Site in accordance with the General Terms and Conditions of Sale.
The resale or distribution of products purchased on the Site is strictly prohibited. Indeed, it is specified that the products are reserved only for Customers considered as consumers, which means that the products are intended to satisfy a personal use and not a commercial use, whatever it may be. In this respect, the Customer's attention is particularly drawn to the fact that the amount of his orders shall not exceed the sum of 1.000€ including all taxes. For stock management reasons, Mati Smile may limit the Customer's order of the same product to a certain quantity.
Article 2 - Availability of Products
The products and services offered by the company Mati Smile are presented on its Site in French language. Any national of the European Community and of the countries respecting the directive 95/46/CE cannot assert his linguistic ignorance as a clause of cancellation of the contract.
The offers of products and prices are valid as long as they are visible on the Site, within the limit of available stocks. In case of unavailability of products after placing the order, the Customer will be informed by e-mail or telephone as soon as possible. The company Mati Smile will propose the supply of a similar product at the same price. In the absence of acceptance, and if the payment has already been debited, the Customer will proceed to its reimbursement within a maximum period of fourteen (14) days.
Due to the specificity of the Internet network, Mati Smile does not guarantee on its Site the availability of all products and services in real time. For the products not stored in its warehouse, the offers appearing on the Site are valid subject to availability at the supplier's premises. In this context, indications on the availability of products and services are subject to the supplier's availability.
Article 3 - Geographical area of delivery
The products presented and sold on the Site can be delivered throughout metropolitan France (Corsica, Monaco, DROM-COM: French overseas departments and regions and collectivities, included) and more generally the whole World according to the drop-down list accessible via the online store. It is therefore up to the Customer to check that the country of delivery of the goods is indeed in the above-mentioned list. If the country of delivery is not mentioned in the drop-down list, the Customer can still contact Mati Smile's Customer Service by e-mail. He will have to fill in the list of the products he wishes to order as well as the envisaged delivery place. Mati Smile will then communicate the cost of delivery according to the order in question. If the Customer agrees, the Parties will formalize the order form applicable to the order.
In the same way, it is also up to the Customer to check with the local authorities, the possibilities of importing or using the products he intends to order. The Customer understands and accepts that the company Mati Smile is released from any responsibility in this respect, and consequently no compensation will be due to the Customer.
Article 4 - Order process
The Customer who wishes to purchase a product online must follow the procedure described below:
The Customer browses freely on the Site and adds one or more items to his "Shopping Cart" while choosing "Continue Shopping" / "Go to Shopping Cart". Once on the Shopping Cart page, the Customer initializes the online order form by i) checking all the references of the products chosen, as well as the desired quantities, then by ii) selecting the country of delivery as well as the delivery method, if applicable, and finally by iii) validating his or her Shopping Cart by clicking on the "Order" button.
The Customer is then invited to identify himself thanks to his Customer account if he already has one, or to create one in the opposite case.
Indeed, during his first order, the Customer must accurately fill in a form containing the following information: title, surname, first name, address, postal code, city, country; as well as a valid email address and the password of his choice, necessary for the creation of his Customer account. In this respect, the Customer understands and accepts that the entry of his identifier and password (which is personal and confidential) will be proof of his identity during subsequent connections to the Site.
The information and data communicated by the Customer at the time of the order is binding on the Customer. In case of data entry error(s), Mati Smile cannot be held responsible for the consequences for the Customer.
The summary page of the order is then displayed on the screen. The Customer checks the details of his order and its total price. He or she has the possibility to correct any errors before confirming the order by i) ticking the box "I have read and accept without reserve the general terms and conditions of sale", then by ii) clicking on the "Confirm my order" button to access the payment.
The validation of the order implies the acceptance of the General Terms and Conditions of Sale, the acknowledgement of having had a perfect knowledge of them and, if necessary, the renunciation to avail oneself of one's own terms and conditions of purchase or other conditions.
Finally, the Customer then chooses the means of payment he wishes to use to settle his order, it being understood that the Customer must have the means of payment as defined in Article 7 - "Method of Payment" below. Finally, he clicks on the button corresponding to the means of payment he has chosen.
It is understood that the sale will only be considered final after Mati Smile has sent the Customer the confirmation of the order and has received the full amount to be paid.
Deactivation of the Customer's account
Failure by the Customer to comply with the obligations subscribed to under the terms of the present General Terms and Conditions of Sale, any incident of payment of the price of an order, actions contrary to the interests of the company Mati Smile, the delivery of false information during the creation of the account, may lead to the suspension of access to the Site's service, or even to the cancellation of the Customer's account according to the degree of seriousness of the actions in question, without it being possible to claim damages or compensation of any kind from the company Mati Smile. Mati Smile reserves the right to refuse any order from a Customer with whom such a dispute exists, even if the Customer uses a new account.
Article 5 - Confirmation of the order
All orders placed with Mati Smile must be confirmed by the company in order to be definitively accepted.
Indeed, Mati Smile reserves the right to cancel any order from a Customer with whom there is a dispute concerning the payment of a previous order, or other cases provided for in the present contract.
The confirmation of the order will be sent by e-mail to the Customer as soon as possible, subject to the provision by the Customer of a valid e-mail address which is not subject to any restriction of use (professional e-mail address for example). In this precise case, Mati Smile cannot be held responsible for the non-reception of the confirmation of the order including all the contractual information and the proof of the transaction.
Article 6 - Prices
Prices are valid as long as they are visible on the Site, within the limit of available stocks. The company Mati Smile reserves the right to modify the prices at any time and commits itself to apply the price list in force at the date of validation of the order, subject to the availability of the product ordered at that date.
The prices are indicated in euros all taxes included. They take into account the VAT applicable on the day of the order. However, sales prices do not include shipping costs, which are invoiced in addition to the price of services and products purchased according to the amount of the order. The shipping costs will be indicated before the registration of the order by the Customer under the term "delivery costs".
For delivery within the European Union, prices take into account the VAT applicable on the day of the order. They are thus indicated VAT included. No other customs duties or VAT will be payable for a delivery within the European Union. Any change in the applicable rate may be passed on to the selling price of the products in the catalog.
For a delivery outside the European Union, the Customer will have to pay the customs duties, VAT or other taxes due at the time of the importation of the products in the country of the place of delivery. The formalities relating thereto are also the exclusive responsibility of the Customer, unless otherwise specified.
Article 7 - Method of payment
The company Mati Smile proposes to the Customer to pay his order:
- By credit card (Carte Bleue, Visa, Mastercard/Eurocard) via a secure payment interface offering a maximum of guarantees (SSL encryption): by indicating directly in the zone provided for this purpose the number of the card without space between the numbers, its validity date, as well as its control code;
- By Paypal. The Customer is then redirected to the Paypal platform and as such is subject to the conditions of use of the said platform; this also implies that no banking information concerning the Customer transits via the Site.
For this reason, certain checks may be carried out by the company Mati Smile. In the event that the contact information provided by the Customer is verified by Mati Smile, the information relating to the Customer's order is subject to automated data processing for which Mati Smile is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
The company Mati Smile is the recipient of the data related to the Customer's order. The non-transmission of the data related to the order prevents the analysis and therefore the realization of the purchase.
The occurrence of an outstanding payment due to fraudulent use of a credit card will lead to the registration of the data related to the order associated to this outstanding payment in a payment incident file implemented by Mati Smile. An irregular declaration or an anomaly can also be the object of a specific treatment.
In accordance with the French law "Informatique et liberté" of January 6, 1978, you have at any time the right to access, rectify and oppose all your personal data by writing by mail and by proving your identity to : Mati Smile - 10 bis rue de l'hippodrome - 92150 - Suresnes - France.
All payments will be processed through a secure data encryption procedure so that no information transmitted by the Customer will be intercepted by third parties.
Article 8 - Retention of title
The products delivered to the Customer remain the property of the company Mati Smile as long as the Customer has not paid the totality of the price in principal and accessories, due for his order. The payment in the sense of the present clause means the effective collection of the price by the company Mati Smile.
The documents provided to the Customer are governed by the Code of the Intellectual Property. They thus remain the property of the company Mati Smile. It is therefore forbidden to reproduce, transfer or exploit the documents provided without the consent of Mati Smile.
Article 9 - Execution of the order
The company Mati Smile reserves the right to refuse the order for a "legitimate reason" (as defined by the jurisprudence), and in particular (without this list being restrictive) in case :
i) unavailability of the product, abusive request by the Customer, presumption of impossibility for the Customer to contract or manifest intention for the Customer to harm the company Mati Smile;
ii) fraud or attempted fraud relating to the use of the Site.
The company Mati Smile also reserves the right to refuse the order, in the case of an obvious typographical error leading to the display of a "vile price". The company Mati Smile will contact the Customer again in order to know if he wishes to maintain or cancel his order at the price that will be communicated to him.
Finally, Mati Smile reserves the right to refuse the order in case of dispute with the Customer, total or partial non-payment of a previous order, or refusal of bank authorization during the online payment process.
In all other cases the company Mati Smile commits itself to execute the order and to deliver the good(s) to the Customer at the latest on the delivery deadline indicated in the order confirmation email.
Article 10 - Invoicing
An invoice is automatically generated as soon as the Customer's order has been confirmed by Mati Smile. This invoice is available and can be consulted at all times via the Customer's account. To do so, you just have to click on "my orders" and then on the order number. You then have the possibility to download the invoice in PDF format. Indeed, it is the Customer's responsibility to record and archive his invoices. Indeed, the Customer expressly accepts that the invoices are sent to him/her by electronic mail.
In particular, the document recalls i) the identification and contact details of the Company Mati Smile, ii) the delivery costs, iii) the terms of payment and delivery, iv) the essential characteristics due (s) product(s), v) the price, vi) the address to which to present his/her complaints and vii) the information relating to the after-sales service.
Article 11 - Delivery
Products are shipped to the delivery address indicated during the ordering process. For all shipping charges, etc., the Customer is invited to consult the "Delivery" section for more information.
The Customer is informed by e-mail of the dispatch of the order. This e-mail contains the address of the site on which to track the status of the shipment of the package as well as the tracking number of the package, if applicable.
Metropolitan France: If the recipient of the order is absent at the time of delivery, the carrier will leave a calling card and the Customer or the recipient will have fifteen (15) days to recover the package according to the methods indicated on the calling card (Metropolitan France). After this delay, the order will be automatically sent back to Mati Smile who will contact the Customer to define the conditions of a possible reshipment. The processing costs of this new delivery will then be invoiced to the Customer.
Any defect or delay in delivery, beyond the date indicated on the order form, must be reported to our Customer Service as soon as possible. The Customer is then able to cancel his order, by registered letter with acknowledgement of receipt or in writing on another durable support, if, after having enjoined, according to the same modalities, the company Mati Smile to carry out the delivery or to provide the service within a reasonable additional time, the latter has not carried out the order within this time.
The contract will be considered to have been terminated on receipt by Mati Smile of the letter or the written notification of this termination, unless Mati Smile has complied with it in the meantime.
When the contract is cancelled under the conditions provided for in article L. 216-2, Mati Smile will reimburse the Customer for the totality of the sums paid, at the latest within fourteen (14) days following the date on which the contract was cancelled.
It is up to the Customer to check the conformity of the goods delivered at the time of delivery and before signing the delivery note of the carrier.
The Customer must imperatively indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature, any anomaly concerning the delivery (open package, damaged product, etc..). This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery slip. The company Mati Smile invites the Customer to refuse the goods if the product(s) have been seriously damaged.
Article 12 - Right of withdrawal
In accordance with Article L 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days (including public holidays and Sundays) to exercise his right of withdrawal without having to justify his reasons or pay any penalties except, where applicable, for the cost of return. The fourteen (14) day period starts from the date of receipt of the products ordered.
Nevertheless, the Customer may not avail himself of this right in the following cases:
- Supply of goods made to the consumer's specifications or clearly personalized or which, due to their nature, cannot be reshipped or are likely to deteriorate or expire quickly. »
- Supply of goods which have been washed or used by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection".
The company Mati Smile recommends to the Customer who wishes to exercise his right of retraction to contact directly the customer service by sending an e-mail to vmyorganicstuff@gmail.com. All the information necessary for the return of the goods (procedure, documents to be returned to Mati Smile) will then be detailed to the Customer. The Customer can also use the retraction form available on the Site in order to exercise his right of retraction.
Cancellation form to be filled in here.
Packages will not be accepted if there is no information attached to identify the sender (order number, surname, first name, address).
The product(s) must be returned in their new condition and original packaging, complete and accompanied by a copy of the purchase invoice. The products must not have undergone any alteration whatsoever. Moreover, the products sold on sale must be returned and received by Mati Smile before the end of the sale period, otherwise they cannot be taken back and will be returned to the Customer.
The Customer will be reimbursed within fourteen (14) days from the exercise of his right of withdrawal, as soon as he has provided proof of the shipment of the goods in question, or as soon as Mati Smile has collected the goods.
The costs and risks related to the return of the goods are at the expense of the Customer who sends it back. The return of the product(s) will give rise to a refund equal to the purchase price of the product(s) purchased (including the sum paid by the Customer to pay for the delivery, and less the return costs which are borne by the Customer).
Article 13 - Exchange, Refund (Cases of non-conformity of the order)
In the event that the Customer's order does not comply: reference error(s) or missing reference(s), the Customer must imperatively note the fact in question with the carrier through the delivery slip. In any case, the Customer must contact Mati Smile's Customer Service as soon as possible. In any case, unless there is a legitimate reason, any complaint formulated beyond thirty (30) days following the reception of the products will be considered as inadmissible and the responsibility of Mati Smile cannot be engaged.
In case of error of reference, the Customer will have to return the product(s) received which is/are the object of the error. In this case, in order for the return to be accepted, the Customer must first inform the Customer Service (in order to obtain a "RMA" return number), and return the products in perfect condition in their original packaging, within five (5) working days from the sending of the return number issued by the company Mati Smile. The product(s) will have to be returned, accompanied by the purchase invoice, addressed to our Customer Service.
Concerning the returned product, it will be refunded or exchanged according to the Customer's request. If a refund must be made (including the cost of return), it will be made within fourteen (14) days following receipt of your return. In the event of an exchange of the product, Mati Smile will ship at its own expense the product corresponding to the order as soon as possible (subject to stock availability) and within thirty (30) days at the most upon receipt of the returned product.
Article 14 - Warranty and responsibility
Warranty
Mati Smile undertakes to respect its obligations in terms of guarantees attached to the products sold on its Site. In fact, it is up to the Customer to contact Mati Smile's Customer Service Department if he considers that the goods delivered are not in conformity with their destination or because they present hidden defects. It is understood that the legal guarantee of conformity becomes statute-barred after a certain period of time.