These General Terms and Conditions of Sale (“GTCS”) govern sales made on www.bymataz.com by the sole proprietorship by mataz, registered with the Nanterre Trade and Companies Register under number 793 640 293, registered office: 51 avenue des Jockeys, 92380 Garches, France, hereinafter “the Seller”, to any consumer making a purchase on the site, hereinafter “the Client”.
Article 1 – Purpose and acceptance
The GTCS define the rights and obligations of the parties within the framework of the online sale of products offered by by mataz. Any order implies acceptance of the GTCS applicable on the date of the order.
Article 2 – Products
by mataz sells fans and associated accessories. Products are presented with the greatest care. Photographs and visuals are for illustrative purposes and slight differences in shade or appearance may, in particular, result from screen display.
As the fans are handcrafted in Spain, slight variations in color, pattern, texture, or finish may exist from one piece to another. They bear witness to the artisanal nature of the product and do not, in themselves, constitute a lack of conformity. Some models may be offered in limited series, on pre-order, or personalized.
Products are offered subject to availability. In the event of unavailability after an order, the Client will be informed as soon as possible and the solutions provided by applicable legislation will be offered to them.
Article 3 – Price
Prices are indicated in euros, including all taxes, excluding delivery charges. The applicable delivery charges are indicated before final validation of the order. The total price due by the Client is displayed before payment.
Article 4 – Ordering
The Client selects products, checks their cart, provides the necessary information, reads these GTCS, and then validates their order and payment. The order becomes final after payment validation. A confirmation email summarizing the main elements of the order is sent to the Client.
by mataz may refuse or cancel an order for a legitimate reason, particularly in the event of suspected fraud, payment incident, previous dispute, or obvious pricing error. In the event of cancellation of a paid order, the corresponding sums are refunded.
Article 5 – Payment
Payment is made using the secure payment methods offered to the Client during the checkout process. Bank card data is processed by the relevant payment providers and is not stored directly by by mataz. The order is validated after acceptance of the payment.
Article 6 – Delivery
The available delivery methods, costs, and timeframes are presented during the order process. Depending on the destination and available options, shipping may be carried out by Colissimo or Mondial Relay, among others.
For in-stock products, preparation and shipping occur within an indicative timeframe of 5 to 8 working days from order confirmation. For pre-orders and personalized products, additional manufacturing time may be required and is specified during the order or agreed upon with the Client.
The Client must provide an accurate and complete delivery address. When tracking is available, the tracking information is communicated to the Client. In the event of significant delay or incident, the rights provided for by the Consumer Code remain applicable.
Article 7 – Right of withdrawal, returns, and refunds
The consumer Client has a period of 14 days from receipt of the product to exercise their right of withdrawal, without having to justify their decision. They must inform by mataz at contact@bymataz.com before the expiry of this period.
Products must be returned complete and in their original condition, in a state that allows them to be resold. The direct costs of return related to exercising the right of withdrawal are borne by the Client. Returns must be sent to: by mataz, 51 avenue des Jockeys, 92380 Garches, France. Returns to relay points are not accepted.
In the event of a valid withdrawal, the refund is made in accordance with legal provisions, including the initial delivery costs up to the amount of the standard delivery method offered. The refund may be deferred until the product is recovered or proof of its shipment is received.
Article 8 – Personalized products
In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for products made according to the Client’s specifications or clearly personalized, except in the event of a defect or non-conformity.
Article 9 – Legal guarantees
The Seller is bound by the legal guarantee of conformity provided for in Articles L217-3 et seq. of the Consumer Code as well as the guarantee relating to hidden defects provided for in Articles 1641 et seq. of the Civil Code. These guarantees apply independently of the right of withdrawal.
Article 10 – Transfer of risk
The transfer of the risk of loss or deterioration occurs when the Client, or a third party designated by them other than the carrier offered by the professional, physically takes possession of the product, subject to applicable legal provisions.
Article 11 – Liability and force majeure
by mataz cannot be held liable for damages resulting from misuse of the product. Its liability cannot be invoked in the event of non-performance or delay resulting from an event of force majeure within the meaning of French legislation, without prejudice to the mandatory rights of the consumer.
Article 12 – Intellectual property
The texts, photographs, drawings, visuals, creations, models, logos, and graphic elements of the site are protected by intellectual property rights. Any reproduction, exploitation, adaptation, or commercial use without prior written authorization from by mataz is prohibited.
Article 13 – Personal data
Personal data necessary for processing orders and the commercial relationship are processed in accordance with the by mataz Privacy Policy. The Client may exercise their rights by writing to contact@bymataz.com.
Article 14 – Applicable law and disputes
These GTCS are subject to French law. In the event of difficulty, the Client is invited to contact by mataz in order to seek an amicable solution.
The consumer Client may use, free of charge, subject to applicable legal conditions, a consumer mediator for the purpose of amicable resolution of a dispute. The contact details of the mediator to which by mataz is subject must be communicated to the consumer in accordance with applicable regulations.
Failing an amicable resolution, the dispute shall be referred to the competent courts according to common law rules.