TERMS OF SALES
1. General
The purpose of these general conditions of sale is to govern the contractual relations between the MATHI DESIGN site, whose head office is located at 190 impasse le Houn 40230 Benesse Maremne, and the Customer defined below as the user of the mathidesign site. com and accepting these general conditions of sale.
All other conditions only bind the MATHI DESIGN site after written confirmation from it. The information on this site is given for informational purposes only and may be modified by the MATHI DESIGN site without notice. The mere fact of placing an order on the mathidesign.com site implies unreserved acceptance of these general conditions of sale.
2 – Products
The weights, dimensions, drawings and information given in the catalogues, documents, descriptive notices and illustrations distributed by our Company have the character of approximate indications and are understood without commitment on the part of our Company which reserves the possibility of modifying or to delete this or that model without notice without the buyer being able to claim damages. It is up to the buyer to check before placing any order that the items they wish to purchase have not been modified or still exist. Photographs do not enter into the contractual scope. The MATHI DESIGN site cannot be held responsible if errors are introduced.
3 - Validity period of sales offers
The products are offered for sale while stocks last. For products not in stock in our warehouses, our offers are valid subject to availability from our suppliers. In the event of an order for an unavailable product, the customer will be informed via their customer account available on the site and/or by email as soon as possible.
4 - Product prices
The prices appearing on the mathidesign.com website are expressed in Euros and are inclusive of all taxes and excluding shipping costs. They may be modified at any time and without notice. To this price, transport costs calculated according to the weight and type of item ordered should be added. Shipping costs are specified when you order online after selecting your country of destination at the end of the selection of the different products ordered by the customer, and are recalled in the summary of the order which precedes validation.
The price is payable in cash on the day of the order. The prices charged are those applied at the time of the order within the limits of available stocks and subject to typographical errors or changes in the French VAT rate. Any change in this rate would then be reflected immediately in the sales prices.
5 – Orders
The mathidesign.com site is intended for professionals and individuals who find a product suited to their use.
If the customer wishes to place an order, he must first identify himself. To this end, he will complete, according to the instructions provided to him online, a form made available to him where he will include the information necessary for his identification and in particular his name, first name, telephone number, postal address and delivery address. . Additional information may be requested subsequently to ensure the quality and safety of the delivery. The Company reserves the right to cancel any order where the information provided by the customer is incomplete or incorrect.
The customer having chosen the products presented, will definitively validate his order by clicking on the "Order" button to demonstrate his commitment and acceptance of the General Conditions of Sale. From this moment, the order is recorded, and an order number is communicated to the customer as well as a confirmation on screen and/or by email. The data recorded by the MATHI DESIGN site constitutes proof of the nature, content and date of the order.
6 - Late payment
If the customer is a professional: in application of article L. 441-6 of the commercial code, late payment penalties are payable the day following the scheduled payment date appearing on the invoice in cases where the amounts due are paid after this date. The rate of these penalties is three times the legal interest rate. In the event of non-payment of an invoice on its due date, we reserve the right to increase its amount by 15% with a minimum of 39 euros without prejudice to the late payment interest provided for above.
If the customer is an individual: in the event of non-payment of an invoice when due, we reserve the right, within the framework of an amicable settlement, to increase the amount of the processing fee by 30 euros including tax per file. .
7 - Delivery method
Any delivery is subject to express acceptance of these conditions of sale.
Delivery is made to the address specified by the customer when placing their order. It will be carried out by post or by a carrier. It can only take place once the order has been validated by the customer and payment has been made in full. Any bank payment centers concerned will therefore have given their payment agreement in advance. In the event of refusal by said centers, the order will be automatically canceled.
Furthermore, the MATHI DESIGN website reserves the right to refuse any order from a customer with whom an ongoing dispute exists.
8 - Delivery times
If the item ordered is available in stock, the delivery time is 4 to 6 days maximum by colissimo and approximately 10 days maximum by carrier. The 24-hour service is available subject to reservations by Chronopost or TNT for certain items because it is subject to weight and volume criteria not to be exceeded. If an item is out of stock, the restocking time is indicated in the description. Delivery times only begin from the date of payment of the order.
In the event of force majeure or exceptional events (natural disaster, epidemic, strikes, lock-outs, etc.) delaying or prohibiting the delivery of the goods, the company MATHI DESIGN is released from all liability. In all cases, on-time delivery can only occur if the customer is up to date with his obligations towards the MATHI DESIGN site.
Deadlines are given as an indication. The delay cannot under any circumstances be invoked as a clause for cancellation of the order and it does not give right to any compensation. The MATHI DESIGN company cannot be held responsible for a delay due to one of its suppliers.
The transport risk is borne by the customer and by the carrier who applies reservations. We expressly invite the customer to check the contents of the package when it contains fragile items or in the event of damaged packaging, this in the presence of the delivery person and to establish the dispute in writing in the presence and with signature of the delivery person. Indeed, following numerous abuses, certain transport companies refuse to take charge of any disputes reported after delivery even if the recipient has expressed reservations on the delivery note.
9 - Withdrawal of products in the event of the customer's absence
If the recipient is absent during delivery, the carrier will leave a delivery notice to the delivery address indicated by the customer.
The products will be represented at the same address or can be collected according to the terms indicated by the carrier or La Poste. When collecting, be sure to check the packaging and, if necessary, the contents of the package.
In the event of non-collection within the time limits set by the carrier, the products will be returned to MATHI DESIGN which reserves the right to reimburse the price of the products, the shipping costs remaining the responsibility of the customer.
10 – Complaint / Return
All commitments made by our Company depend on strict compliance by the buyer with the payment conditions and other obligations arising from the contract. Our goods are sold "ex works", even agreed free, they travel at the risk and peril of the recipient, who is responsible for noting any damage at the time of delivery by checking the package and its contents in the presence of the deliverer, make all reservations in writing, and exercise any recourse with the carriers solely responsible.
No cancellations or returns will be accepted for goods made to order.
It is technically impossible to guarantee absolute conformity of colors from one item to another. Any customer wishing to order an additional order must admit this fact.
By signing the delivery note, the customer accepts the products delivered as is and therefore no claim relating to damage suffered during transport will be accepted. It is the customer's responsibility to carry out all checks and in the event of damage to make a precise comment in writing on the receipt slip in the presence of the delivery person and to refuse the package if damage is noted.
11 – Billing
An invoice will be established by the MATHI DESIGN site and will be available on the site in the customer's Personal section.
12 - Method of payment
By credit card: (Carte Bleue, Visa, Eurocard, Mastercard accepted in France).
Validation of the order by credit card constitutes a mandate to pay the price, all taxes included, of the order (immediate debit).
Thanks to the SSL protocol, the customer will be able to securely transmit the type of card (Carte Bleue, Visa, Eurocard, Mastercard), the bank card number, the expiry date as well as the 3-digit security number and the name of the card holder (name appearing as is on the bank card).
Transactions are also secure via the 3D Secure protocol (code received by SMS which allows you to validate your order).
All transactions are established in France via our E-transactions banking partners Crédit Agricole, PayPal and Alma.
You also have the possibility of ordering on our website with payment in 3 or 4 installments free of charge by credit card with PayPal and Alma.
The MATHI DESIGN site reserves the right to request a bank check and/or proof of identity and/or proof of address from the Client in the event that the sums involved are significant.
13 - Warranty and after-sales service
All products sold on mathidesign.com are guaranteed against manufacturing defects and material defects. The duration of this guarantee is 24 months return to workshop (from the date appearing on the invoice). In the event of a return of equipment found to be non-defective, transport and handling costs will be invoiced to the customer. This warranty does not cover damage resulting from accidents, misuse or neglect.
Any return of goods requires the prior agreement of the MATHI DESIGN website. The return of goods is carried out at the expense and risk of the customer. Products returned by carrier without physical protection or poorly packaged will not benefit from the guarantee, it is therefore up to the customer to ensure that the returned product(s) are protected and insured.
The MATHI DESIGN site is not the producer of all the products presented, within the meaning of law n°98-389 of May 19, 1998 relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the liability of the producer of the product can be sought by the customer.
The MATHI DESIGN site will ensure that the warranty is applied to any product returned as soon as possible. However, when the repair requires the product to be returned to the manufacturer, it cannot be held responsible for any delays caused by the producer.
14 - Right of withdrawal
If you are an individual, you have a withdrawal period of 15 working days from delivery of your order for the product to be returned to us. The return of the goods is carried out at your expense with a view to an exchange or reimbursement of items which do not suit you in accordance with article L 121-16 of the Consumer Code.
Please note: any sale, clearance, promotional or vintage (second hand) product will not be returned or exchanged.
No returns will be accepted for goods made to order.
The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any deterioration, however minimal, and be in a perfectly clean state. Incomplete, worn, damaged or soiled products will not be returned.
Before any return of goods, the customer must inform the MATHI DESIGN website via the withdrawal form.
This right of withdrawal is exercised without penalties, in the context of a cash payment, with the exception of return costs and the cost of possible services such as deliveries by appointment, deliveries outside Metropolitan France, deliveries to floors, deliveries bulky and/or heavy objects...).
Within a maximum period of 30 days from the day of receipt of the returned product, the customer will be reimbursed for the sums paid, less any costs. The bank or paypal account will be recredited or a credit note representing the amount of the item will be issued.
15 - Reservation of ownership clause
The transfer of ownership of the goods sold to the buyer is suspended upon full payment of the price. The seller may, in accordance with article 59 of the law of July 13, 1967, modified by article 12 of the law of May 12, 1980 and article 121 of the law of January 25, 1985, claim the movable property sold for as long as that they are found in kind in the buyer's assets, within the period of 4 months of the judgment opening the procedure for judicial settlement or liquidation of goods, wherever they are located.
The MATHI DESIGN site retains ownership of the goods until full payment by the customer. The transfer of ownership of the products to the customer occurs upon full payment of the price. However, during the period from delivery to transfer of ownership, the risks of loss, theft or destruction are the responsibility of the customer.
Failure by the customer to fulfill his payment obligations, for whatever reason, gives the MATHI DESIGN site the right to demand the immediate return of the goods delivered at the expense, risk and peril of the customer. The customer undertakes, in the event of a legal recovery procedure affecting his Company, to actively participate in the establishment of an inventory of the goods found in his stocks and of which the MATHI DESIGN site claims ownership. Failing this, the MATHI DESIGN site has the option of having the inventory noted by a Bailiff at the customer's expense. The customer is prohibited from reselling, transforming or incorporating the goods delivered from the date of the judgment pronouncing judicial recovery or liquidation of the assets of his Company. The MATHI DESIGN site may prohibit the customer from reselling, transforming or incorporating the goods in the event of late payment. To guarantee payments not yet made and in particular the balance of the customer's account in the records of the MATHI DESIGN site, it is expressly stipulated that the rights relating to goods delivered but unpaid will refer to identical goods coming from the company MATHI DESIGN in stock with the customer, without the need to apply payments to a specific sale or delivery.
16 - Data confidentiality
The personal data provided by the customer is not distributed to third parties, with the exception of companies for the security and insurance of payments. In accordance with law 78-17 of January 6, 1978, the customer has a right of access and rectification at any time. To exercise this right, simply contact the MATHI DESIGN website
17 - Cookies
Visitors are informed and accept that when visiting the Mathi Design website a cookie may be installed on their computer equipment. The cookie allows the identification of the visitor and the recording of actions carried out on the Mathi Design site. This allows customers who return to the Mathi Design site to be automatically connected to their loyalty area and not have to re-enter their contact details when ordering. The configuration of the user's internet browser allows them to be informed and to refuse the installation of the cookie.
18 - Attribution of jurisdiction
The contractual information is presented in French and the products offered for sale comply with French regulations. If applicable, it is up to the foreign customer to check with local authorities the possibilities of using the product he plans to order. The MATHI DESIGN site cannot be held liable in the event of non-compliance with the regulations of a foreign country.
All disputes relating to the formation, execution and termination of contractual obligations between the parties which cannot give rise to an amicable settlement will be subject to the jurisdiction of the Commercial Court of Dax, France in whose jurisdiction is located the headquarters of the MATHI DESIGN site.