Terms and Conditions | Éventails by mataz

TERMS AND CONDITIONS OF SALE

These Terms and Conditions (the “T&C”) govern the sale of products offered on the website www.bymataz.com (the “Website”), a sole proprietorship registered with the Nanterre Trade and Companies Register under number 793 640 293, with its principal place of business located at 51 avenue des Jockeys, 92380 Garches, hereinafter referred to as “the Seller,” and, on the other hand, any person who has made a purchase on the website www.bymataz.com, hereinafter referred to as “the Customer.” Any purchase made on the website www.bymataz.com automatically implies acceptance of these terms and conditions in their entirety, which the Customer acknowledges having read prior to placing their order.

Article 1 - Purpose and enforceability of the General Terms and Conditions of Sale

The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the parties in connection with the online sale of Products offered by the Seller on the website.
Any order placed on the Website implies the Customer’s full and unconditional acceptance of these General Terms and Conditions of Sale.
The Seller operates an online business selling fans and related accessories under the brand name by mataz.
The Seller reserves the right to modify these General Terms and Conditions of Sale at any time. The applicable General Terms and Conditions of Sale are those in effect on the date the Customer confirms the order.
The photographs and illustrations presented on the Website are not contractually binding and do not constitute a commitment on the part of the Seller.

Article 2 - Products

The products offered for sale are fans and related accessories.
The products are described on the website using images that are as accurate as possible. However, the Seller notes that no photograph can reasonably guarantee a perfect likeness to the item offered for sale, particularly with regard to colors. Since the products are handmade in Spain, there may be slight variations in color or patterns. Some models may be produced in limited editions or customized.
Photographs and visuals are presented with the utmost care. However, slight variations may exist (color, texture, handcrafted finishes).
Differences may also result from color accuracy or the difficulty of accurately displaying the composition of materials on a screen. Under no circumstances may these differences be interpreted as defects of conformity, lead to the cancellation of the sale, or engage the Seller’s liability.
Each fan is handmade with the utmost care. Slight variations may therefore exist from one piece to another, attesting to the authenticity of its craftsmanship and the hand that brought it to life. Due to the artisanal nature of this item, no two fans are exactly alike.
Although each of our fans is crafted with great attention to detail, it may exhibit slight irregularities or imperfections. These characteristics are not defects, but rather a hallmark of the item’s uniqueness.
Placing an order constitutes express and irrevocable acceptance of the item descriptions.
All items and their respective prices listed on the website are available for sale while supplies last. In the event of a temporary unavailability of an item, the Seller will inform the customer as soon as possible by email or telephone. The customer may then confirm or cancel their order by accepting a mutually agreed delivery time. The Seller shall not be held liable for the temporary unavailability of items.

Article 3 - Price

The prices of our products are listed in euros (€), inclusive of all taxes (TTC), excluding shipping costs. The VAT rate applied is the rate in effect in France or, where applicable, the rate applicable in the country of delivery within the European Union.
In the event of a promotion, the Seller agrees to apply the promotional price to any order placed during the offer’s validity period.
The price is payable exclusively in euros (€). It is due in full at the time of order confirmation. The prices listed take into account any discounts or rebates that the Seller may grant.
If delivery charges apply, they are added to the price of the Products and shown separately before the Customer confirms the order. The total amount due by the Customer, along with a breakdown of the charges, is shown on the order confirmation page.

Article 4 - Order

To place an order, the Customer must provide the information necessary for identification and delivery.

The steps involved in completing the sale are as follows:

Step 1: Fill in the information requested on the order form.
Step 2: Select Products and add them to the cart.
Step 3: Review the cart contents and confirm the order.
Step 4: Review and accept these Terms and Conditions of Sale.
Step 5: Finalize the order and make payment.

A confirmation email summarizing all the details of the order (order number, list of Products ordered, total price including tax, shipping costs, and delivery information) will be sent to the Customer.
The Seller reserves the right to refuse or cancel any order from a Customer in the event of a dispute regarding a previous order, a payment issue, or for any other legitimate reason.
The Seller also reserves the right to cancel any order in the event of a clear error in the price of a Product, particularly in the case of a ridiculously low price resulting from a technical or human error. In this case, the Customer will be notified as soon as possible, and the order will be canceled and refunded.
Products are offered while supplies last. If a Product is unavailable after an order has been placed, the Customer will be notified as soon as possible and may choose between a refund of their order or an exchange of the Product.

Article 5 - Payment and Payment Security

Payment of the total price, including all taxes, is made exclusively by credit card (Visa or Mastercard) via the secure platform of the Seller’s partner, WIX.
The transaction is immediately charged to the Customer’s credit card after verification of the card details and receipt of authorization from the issuing bank.
By providing their payment information, the Customer authorizes the Seller to charge their credit card for the amount corresponding to the total price of the order.
In the event that the amount due cannot be charged, the online sale will be automatically terminated and the order canceled.
The Seller takes all necessary measures to ensure the confidentiality and security of data transmitted on the Site. Payment is processed directly on the secure servers of the payment service provider WIX. The Customer’s bank details are not transmitted via the Site.
Payment information is protected by an SSL security protocol that encrypts the data exchanged.
The Customer’s order is recorded and confirmed upon acceptance of payment by the payment service provider.

Article 6 - Warranty / Returns and Refunds

The Customer is asked to check the condition of the Products upon receipt of the order. In the event of a damaged, missing, or non-compliant product, the Customer is asked to contact the Seller as soon as possible.
In the event of a lack of conformity, the Product may be exchanged or refunded in accordance with legal provisions.
In accordance with Articles L221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days from receipt of the Product to exercise their right of withdrawal without having to provide a reason for their decision.
The Customer must notify the Seller of their decision to withdraw at the following address: contact@bymataz.com
Products must be returned in their original condition and complete.
Return shipping costs are the Customer’s responsibility, except in the case of a defective or non-compliant Product.
If the right of withdrawal is exercised, the Seller will refund all amounts paid by the Customer, including standard shipping costs, within a maximum of 14 days from receipt of the returned Product.

Article 7 - Delivery

Shipping Method

The Customer selects one of the shipping methods offered on the Website when placing the Order. Products will be shipped via La Poste Colissimo or Mondial Relay.
If you are not home or if delivery is not possible, the mail carrier will leave a delivery notice indicating the date and address of the post office where you can pick up your package upon presentation of a valid ID. You have 15 days from the date indicated on the delivery notice to pick up your package. After this period, the package will be automatically returned to the sender.

Delivery Address

The Customer must select a delivery address located within France. The Customer is solely responsible for any failure to deliver due to incomplete information provided at the time of the Order. In the event of an error in the delivery address, the order is automatically canceled and refunded. It is not possible to change the delivery address for an order that has already been shipped to the address provided by the Customer at the time of order confirmation.

Shipping Costs

Shipping costs depend on the order total, the country, and the shipping method selected by the Customer. In any case, the shipping costs are displayed to the Customer before the order is confirmed.
Shipping costs are not subject to a markup.

Delivery Times

Delivery times are available on the Website and may vary depending on the availability of the Goods included in the Order. These are estimated times, expressed in business days, and correspond to the average processing and delivery times.
Delivery Times are expressed in business days and correspond to the average time required to prepare and ship the Order within the Territory.
Delivery Times begin on the date the Seller confirms the Order.
The Seller shall not be held liable for any consequences resulting from a delay in delivery by the carrier, provided such delay is not attributable to the Seller or is due to a force majeure event.
Due to our commitment to traditional craftsmanship and the hand-making of our products, please note that production times may be significant for custom orders. Each piece is crafted with the utmost care and attention, which takes time. Additionally, since our products are unique, the manufacturing process may be extended. We strive to provide you with estimates that are as accurate as possible, but delays may occur due to the complexity of the manufacturing process and international shipping from Spain. We will keep you informed of any updates regarding your order.

In-stock products: Products available in stock will be shipped within 5 to 8 business days of order confirmation.
Pre-order products: Some of our products may be made-to-order according to your specific preferences. In this case, please allow additional time for the manufacturing and preparation of your order. Delivery times for pre-ordered products will be specified at the time of ordering and may vary depending on our artisans’ workload.

We do our utmost to deliver your order as quickly as possible while ensuring the quality and integrity of our products. We thank you for your understanding and patience.
If you have any questions regarding delivery times or specific requests, please feel free to contact us at contact@bymataz.com.
If the package has not been picked up by the customer within 10 days, it will be automatically returned to the Seller, who will issue a refund for the order. Under no circumstances will the Seller arrange for a second shipment.

Delivery Delays

In the event of a delivery delay, the Order is not canceled.
The Seller will notify the Customer by email that the delivery will be delayed. The Customer may then decide to cancel the Order and send the Seller a cancellation notice via email.

Delivery Tracking

The Customer can track the status of their package’s shipment via the La Poste website using the tracking number sent by the Seller.
If the Customer does not claim the package and it is returned to the post office after the holding period has expired, the order will be automatically refunded.
The “Delivered” status from La Poste serves as proof of delivery by the Seller.

Article 8 - Billing

Invoices are available on the website under “My Account,” “My Orders.”

Article 9 - Right of Withdrawal

The Customer has a right of withdrawal, which may be exercised within fourteen (14) calendar days following the date of receipt or pickup of the Order. If this period expires on a Saturday, Sunday, or a public holiday, it is extended until the next business day. No returns will be accepted after the fourteen-day period has expired.
The Customer is required to check the condition of the packaging and the items upon Delivery. If any products arrive broken or damaged, the Seller must be notified within 48 hours of receiving the item. In such cases, claims may be made within 48 hours of receiving the items.
In the event that a package is refused by the Customer, the order will be automatically refunded upon receipt and processing of the return by customer service.
It is the Customer’s responsibility to raise any reservations or complaints they deem necessary, or even to refuse the package, if the package is clearly damaged upon delivery. Such reservations and complaints must be sent to the carrier by certified mail with return receipt requested within three business days, excluding holidays, following the date of delivery of the items.
Customers wishing to exercise their right of withdrawal must return the items within the aforementioned timeframe, in their original, undamaged packaging (box, packaging), complete, and in new condition.

The cost of returning items following the exercise of the right of withdrawal is the customer’s responsibility, and items must be returned via Colissimo only. Claims must be made within fourteen days; after this period, they will not be eligible for a refund. The Seller does not offer exchanges, repairs, or modifications of products.
Return shipping costs are the Seller’s responsibility only in the event of an error.
The Seller offers handmade items, which may result in variations in shades, colors, and finishes that cannot be considered defects. The product descriptions, texts, and photographs do not constitute a contractual document and will not be grounds for a return at the Seller’s expense.
Items returned in new condition will be refunded within fourteen days (business days).
In the event that a package is refused upon delivery by the buyer, the shipping costs charged will not be refunded.
In the event of special requests or specifications regarding the purchase of a product, and if such a request cannot be fulfilled, the Seller reserves the right to cancel the order.
Products must be returned to the following address: by mataz, 51 avenue des Jockeys – 92380 Garches. Returns to pickup points are not accepted.

Article 10 - Exclusion

In accordance with the provisions of Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for Products made to the Customer’s specifications or that are clearly personalized.
Consequently, personalized Products ordered by the Customer may not be returned or refunded, except in the event of a defect or non-conformity.

Article 11 - Transfer of Ownership / Transfer of Risk

Ownership of the Products is transferred to the Customer upon full payment of the price by the Customer, regardless of the delivery date of the Products.
The risk of loss or damage to the Products is transferred at the moment the Customer, or a third party designated by the Customer, takes physical possession of the Products.

Article 12 - Legal Warranties

The Seller is bound by the statutory warranty of conformity provided for in Article L217-3 et seq. of the Consumer Code, as well as the warranty against hidden defects provided for in Article 1641 et seq. of the Civil Code.
The Customer has a period of two years from the delivery of the item to take action under the legal warranty of conformity.
The goods must conform to the description on the website and possess the qualities presented or those that a buyer may legitimately expect based on the Seller’s public statements, particularly in advertising or labeling.
In the event of a lack of conformity or a hidden defect, the Customer may request repair, replacement of the Product, or a refund under the conditions provided by law.
The costs of returning the defective Product will be reimbursed upon presentation of proof of payment if the lack of conformity is confirmed.
The provisions of this Article do not deprive the Customer of their right of withdrawal provided for by applicable law.

Article 13 - Liability

The Seller shall not be held liable for any damages resulting from the improper use of the purchased Product.
The Seller shall not be held liable for any incidents or malfunctions related to the use of the Internet, including but not limited to service interruptions, unauthorized access, computer viruses, or any other event beyond its control.
The Site may contain hyperlinks to third-party websites. The Seller shall not be held liable for the content or operation of such sites.
The Seller shall not be held liable for the non-performance or delay in the performance of its obligations in the event of force majeure as defined by French law and case law. The following are notably considered cases of force majeure: natural disasters, fires, strikes, disruptions to transportation or communication networks, or any unforeseeable, unavoidable event beyond the Seller’s control.

Article 14 - Intellectual Property

All elements of the website are and remain the exclusive intellectual property of the Seller. The customer is not authorized to reproduce, exploit, distribute, or use, for any purpose whatsoever, even in part, any elements of the website, whether software, visual, or audio. The text, images, designs, layout, and graphic design of this website are protected by intellectual property law.
It is prohibited to copy, extract, distribute, modify, or adapt the content of the website. Downloading and printing text, images, and graphic elements are permitted solely for private, non-commercial use. The reproduction of drawings, images, audio files, video clips, and text in other electronic or printed publications requires the prior written consent of the Seller.
In particular, it is prohibited to:

reproduce the designs for commercial purposes
use the visuals to promote a third-party brand
copy the concept, designs, or visual identity

Any violation may result in civil and/or criminal prosecution.
Unauthorized use constitutes an offense of infringement. The trademarks and logos appearing on the website are registered and protected trademarks. Any total or partial reproduction of these trademarks and/or logos, made using elements from the website, without the express authorization of the Seller, constitutes the offense of counterfeiting punishable under Articles L.335-2 et seq. of the Intellectual Property Code. The databases created by the Seller are protected by copyright as well as by the law of July 1, 1998, transposing into the Intellectual Property Code the European Directive of March 11, 1996, on the legal protection of databases. Any extraction may only be limited and carried out for private purposes. Any simple or hypertext link is strictly prohibited.

Article 15 - Use of Content & Social Media

The photographs, videos, visuals, text, and content published on the website and on the Seller’s official accounts (including Instagram, TikTok, or any other social media platform) are protected by intellectual property laws and remain the exclusive property of the Seller.
Sharing of content is permitted only through the platforms’ native features (share, repost, story), provided that the Seller’s official account is credited.
Any reproduction, distribution, modification, or use of the content for commercial purposes without the Seller’s prior written authorization is strictly prohibited.

Article 16 - Protection of Personal Data and Registration

The photographs, videos, images, text, and content published on the Website and on the Seller’s official accounts (including on [platforms]) are necessary for processing orders and managing the commercial relationship with the Customer.
When placing an order, the Customer is required to provide certain personal data (last name, first name, address, email address, phone number).
This information is used solely for the purposes of processing the order, delivering the Products, and, where applicable, sending commercial information if the Customer has consented to it.
Personal data may be shared with the Seller’s service providers involved in fulfilling the order, including payment providers, carriers, or the website’s technical services.
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (GDPR), the Customer has the right to access, rectify, erase, restrict processing, object to, and the right to data portability regarding their personal data.
These rights may be exercised at any time by contacting the Seller at the following address: contact@bymataz.com
The Customer may also subscribe to the by mataz newsletter if they wish to receive information about new products and promotional offers. They may unsubscribe at any time via the link provided in each email.

Article 17 - Entire Agreement

If any provision of these General Terms and Conditions of Sale is found to be invalid or unenforceable due to a change in law or regulation, or as a result of a court decision, this shall in no way affect the validity and enforceability of the remaining provisions of these General Terms and Conditions of Sale.
The remaining provisions shall remain fully applicable between the parties.
These General Terms and Conditions of Sale set forth the entirety of the parties’ obligations. In the absence of specific provisions, the practices in force in the distance selling sector in France may apply.

Article 18 - Governing Law / Disputes

These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute, the Customer is invited to contact the Seller to seek an amicable resolution.
In accordance with the provisions of the French Consumer Code regarding the amicable settlement of disputes, the Customer may use a consumer mediation service free of charge.
In the absence of an amicable agreement, the dispute shall be brought before the competent courts in accordance with the rules of common law.