General Terms and Conditions of Sale

Last updated: October 30, 2023

ARTICLE 1 – SCOPE

These General Terms and Conditions of Sale (known as “GTC”, or “CGV” in French) apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the www.mtoinette.com site.

These GTC are accessible at any time on the www.mtoinette.com website and will prevail over any other document, considering that the French version is the reference in case of discrepancy between the English and French version. The Customer declares to have read these GTC and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the site www.mtoinette.com.Unless proven otherwise, the data recorded in the Seller’s computer system constitute proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:
M’Toinette, SARL
Capital social of 10,000 euros
Registered with the RCS of Bourg en Bresse, under the number 834 584 104
15 place du Jura
01170 Gex
Mail: contact@mtoinette.com
Phone: 04 50 56 91 65
Intracommunity VAT number: FR61 834 584 104

ARTICLE 2 – ENTRY INTO FORCE

These general conditions come into force on the date of signature of the purchase order. These general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees.

ARTICLE 3 – PRODUCTS

The Products offered for sale on the site have the necessary characteristics that make it possible to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order the essential characteristics of the Products he wishes to buy. The characteristics of the Products and in particular the specifications, illustrations and information of the Products, presented on the www.mtoinette.com site are not contractual. Consequently, the Seller cannot be held liable in the event of an error or omission in any of these specifications, illustrations, information or characteristics of the products. The choice and purchase of a Product is the sole responsibility of the Customer.

Product offers are within the limits of stocks available at the time of placing the order. Hypertext links may refer to sites other than the www.mtoinette.com site. The Seller disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.

The Products presented on the www.mtoinette.com site are offered for sale without restriction of territoriality.

ARTICLE 4 – PRICES

The Products are supplied at the rates in force appearing on the www.mtoinette.com website, when the order is registered by the Seller.Prices are expressed in Euros including VAT.

The prices take into account any reductions that would be granted by the Seller on the site www.mtoinette.com.These rates are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. At no time can the sums paid be considered as deposits or deposits. An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 5 – ORDERS

It is up to the Customer to select on the site www.mtoinette.com the Products he wishes to order, according to the following modalities: the Customer chooses a Product that he deposits in his basket, Product that he can modify or delete before validating his order and consequently to accept the general conditions of sale. He will enter his contact details or connect to his personal space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.

Product offers are valid as long as they are visible on the site.

The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to report any error immediately. Any order placed on the www.mtoinette.com site constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. Some orders may be subject to control by the Seller. In this case, you will be notified by email of the supporting documents to be sent in order to obtain the final validation of your order. The Seller reserves the right to cancel the order in case of non-receipt of these supporting documents or receipt of documents deemed non-compliant.

The Customer will be able to follow the progress of his order on the site.

ARTICLE 6 – CUSTOMER AREA – ACCOUNT

In order to place an order, the Customer is invited to create an account (personal space). To do this, he must register by filling out the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his civil status and contact details, including his email address. The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account. To access his personal space and order histories, the Customer must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, the Customer is prohibited from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it. The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: contact@mtoinette.com. This will be effective within a reasonable time.

In the event of non-compliance with the general conditions of sale and/or use, the www.mtoinette.com site will have the possibility to suspend or close a customer’s account after formal notice sent electronically and remained without effect. Any deletion of account, whatever the reason, generates the pure and simple deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
La creation of the account entails the acceptance of these general conditions of sale.

ARTICLE 7 – PAYMENT TERMS

The price is paid by secure payment, according to the following terms:

  • Payment by credit card
  • or payment by cheque
  • or payment by bank transfer to the Seller’s bank account.

The price is payable in cash by the Customer, in full on the day of placing the order.

Bank details of the Seller:
Bank code: 10096
Guichet code: 18318
Account number: 00066282001
RIB key: 18
IBAN: FR76 1009 6183 1800 0662 8200 118
BIC: CMCIFRPP

Payment data is exchanged in encrypted mode thanks to the protocol defined by the authorized payment provider involved in banking transactions carried out on the www.mtoinette.com site, via Monetico Paiement, CIC platform.

In case of payment by check, it must be issued by a bank domiciled in metropolitan France or Monaco and addressed to M’Toinette, 15 Place du Jura, 01170 GEX.La cashing of the check is made upon receipt.

Payments made by the Customer will be considered final only after actual receipt by the Seller of the sums due. The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

The Seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by the authorized payment provider or in case of non-payment. In particular, the Seller reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is being administered.

ARTICLE 8 – AVAILABILITY OF PRODUCTS

The Products that can be ordered on the www.mtoinette.com site are not subject to automated stock management monitoring with the Products available in store. Each Product ordered is deducted from stock upon receipt of payment. Orders are normally shipped within 3 to 5 days of receipt of payment.

In case of unavailability of the Product ordered, the Customer will be informed as soon as possible and will have the possibility to cancel his order within 48 hours. The Customer will then have the choice to request either the refund, if necessary, of the sums paid at the end of the withdrawal period or the cancellation of the order at the latest of their payment, or an exchange of Product of equivalent characteristics and price, if the Seller is able to obtain it.

In case of impossibility of exchange, the Seller reserves the right to cancel the Customer’s order and refund the sums paid.

ARTICLE 9 – DELIVERIES

The Products ordered by the Customer are delivered to the address indicated by the Customer when ordering. The Customer must verify the completeness and conformity of the information he provides to the Seller. The latter cannot be held responsible for any input errors that would cause delays or delivery errors. In this context, all costs incurred for the reshipment of the order will be entirely borne by the Customer.

The Seller cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (total or partial strike including postal services and means of transport and / or communications). The consumer is obliged to check the condition of the packaging of the goods upon delivery and to report the damage due to the carrier on the delivery note, as well as to the Seller, within two working days.

Deliveries take place within 3 to 5 days to the address indicated by the Customer when ordering on the site. The shipment of the Products ordered by the Customer is generally carried out within 3 to 5 working days (for the Seller, working days are from Tuesday to Saturday). Added to this are La Poste’s delivery times. This paid service and the indicated informative delivery time is 2 to 5 working days for France.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go. The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.

The Seller also offers free availability in its M’Toinette shop, 15 place du Jura, 01170 Gex, accessible during opening hours (available on the site and indicated in store).

The customer may make a special request regarding the packaging or transport conditions for the products ordered. If this is duly accepted in writing by the Seller, the associated costs will be subject to additional specific invoicing, on estimate previously communicated to the Customer.
The Customer is required to check the condition of the products delivered. He has a period of two days from delivery to make complaints by email addressed to contact@mtoinette.com, or by mail addressed to M’Toinette, 15 Place du Jura, 01170 Gex, accompanied by all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defect and no claim can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity, or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller except when the Customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the property to the carrier.

ARTICLE 10 – DELIVERY PROBLEMS DUE TO THE CARRIER

Any anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, damaged Products …) must imperatively be indicated on the delivery note in the form of “handwritten reserves”, accompanied by the signature of the Customer.
In the case of a shipment made by La Poste, if the package arrives open or damaged, the Customer must inform the Seller within two days of receipt of the package by email (to the contact@mtoinette.com address) or via the contact form of the site so that the Seller can open an investigation and compensation procedure.

ARTICLE 11 – TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Customer will only be made after full payment of the price by the latter, regardless of the date of delivery of the said Products.

ARTICLE 12 – RIGHT OF WITHDRAWAL

According to the terms of Article L221-18 of the Consumer Code
“For contracts providing for the regular delivery of goods for a defined period, the period runs from receipt of the first good. “
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by post addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC.
Returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled, opened or incomplete Products will not be taken back. The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within fourteen days of receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
Any return must be reported to the Seller in advance by email to the address contact@mtoinette.com.
Exceptions to the right of withdrawal: cut products such as fabrics and ribbons, made-to-measure or exclusively, PDF patterns (made available immediately upon receipt of payment).

The Seller recommends that the consumer return his products by colissimo with a recommendation or additional insurance guaranteeing, if necessary, compensation for the products up to their actual market value in the event of damage or loss of this goods.

This right of withdrawal is exercised without penalty, with the exception of return costs which remain the responsibility of the Customer. The value of the items returned and received by the Seller “Exceptions to the right of withdrawal: products to the cut such as fabrics and ribbons, made-to-measure or exclusively, PDF patterns (made available immediately upon receipt of payment)” will then be refunded by re-crediting the bank account (secure transaction) in case of payment by credit card, or by check in other cases, excluding shipping costs which are not refunded.

ARTICLE 13 – SELLER’S LIABILITY – WARRANTIES

For fabric orders, any claim regarding an error in the quantity received will not be received after the fabric has been cut or washed.

The Products supplied by the Seller benefit:

  • the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
  • the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and making them unfit for use.

Non-official translation of provisions relating to legal guarantees (provided for information purpose only. French texts are the only document applicable)
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility”.
Article L217-5 of the Consumer Code
“The good is in conformity with the contract:
1 ° If it is fit for the use usually expected of a similar good and, where applicable:

  • if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
  • if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2 ° or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.”
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Article 1641 of the Civil Code.
“The seller is bound by the guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given a lower price, if he had known them.”
Article 1648 paragraph 1 of the Civil Code
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer’s request for intervention or the making available for repair of the property in question, if this provision is subsequent to the request for intervention.”

Products delivered non-compliant or delivery error
In order to assert his rights, the Customer must inform the Seller in writing (email or mail) within seven days of delivery, of any claim of error in delivery and / or non-conformity of the products in kind or in quality compared to the indications on the order. Any complaint made after this period will be rejected without possibility of recourse and releases the Seller from any responsibility vis-à-vis the Customer.
The Customer must provide the Seller with the order number concerned as well as detailed information specifying the subject of his complaint by email or via the contact form available on the site.

If one or more Products were to be exchanged or refunded, they must be returned by parcel duly postaged, to the address M’Toinette, 15 place du Jura, 01170 Gex within eight working days of the claim. To be accepted, any return must be reported in advance to the Seller’s Customer Service and have been awarded a return slip. The latter will be sent to the Customer by the Seller via email, and the voucher must be printed and attached to the return package. In case of false declaration or abusive claim, the Seller will send an email of contestation and refusal of refund reasoned. The Products will be kept and returned at the expense of the Customer at his request. Failure to comply with the above procedure no claim for non-conformity or apparent defect of the products delivered can be accepted.

If the Products ordered have not been delivered within 30 days after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

In the context of the non-conformity of the Products or the existence of hidden defects from their discovery, the Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective. Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days of the Seller’s discovery of the lack of conformity or hidden defect. This refund can be made by bank transfer or check.

The Seller cannot be held liable in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
  • in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
  • The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller’s warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.

ARTICLE 14 – PERSONAL DATA

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products.

The personal data protection and cookie management charter presents M’Toinette’s policy on privacy protection, personal data collection and cookies. It applies to customer accounts created in store and data collected on the www.mtoinette.com site. This document is available on the website www.mtoinette.com through a link at the bottom of the page on the home page.

ARTICLE 15 – INTELLECTUAL PROPERTY

The www.mtoinette.com site is the exclusive property of the publisher. The structuring of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and its suppliers and are protected as such by the laws in force under intellectual property and copyrights.

All elements of the site are and remain the intellectual and exclusive property of M’Toinette or relate to supplier copyrights. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or sound, except with prior written agreement. Any total or partial reproduction is likely to constitute an offense of counterfeiting. Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to an element of the site, which remain the exclusive property of the publisher. 

The user is prohibited from introducing data on the site that would modify or that would be likely to modify the content or appearance.

ARTICLE 16 – APPLICABLE LAW – LANGUAGE

These GTC and the operations resulting from them are governed by and subject to French law. These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 17 – DISPUTES

For any complaint, please contact customer service at the Seller’s postal or email address indicated in ARTICLE 1 of these GTC. The Customer is informed that he may in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. In this case, the mediator (mediation handled in French) appointed is
Mediation – vivons mieux ensemble
1 impasse de Beauregard
54 000 NANCY
France
Site: www.mediation-vivons-mieux-ensemble.fr
Mail: mediation@vivons-mieux-ensemble.fr.

The Customer is also informed that he may also use the Online Dispute Resolution (ODR) platform https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show
Any disputes to which the purchase and sale transactions concluded pursuant to these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

ANNEX

Withdrawal form

Date ……………………………..

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.mtoinette.com except exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale. 

For the attention of:
  SARL, M’Toinette
  15 place du Jura
  01170 Gex

I hereby notify the withdrawal of the contract relating to the property below:
– Order of (indicate date)
– Order number: ……………
– Name of the Customer: ………….
– Address of the Customer: …………

Signature of the Client (only in case of notification of this form on paper)