GENERAL TERMS & CONDITIONS OF SALE
Article 1 - Application and enforceability of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter "the GTC") exclusively govern the sale of our products on the website (hereinafter "the Site").
Consequently, the fact of purchasing our products implies the buyer's full and unreserved adherence to the GCS. Also, the validation by the buyer of his order on the Site implies acceptance by the latter of the GCS.
Unless proven otherwise, the data recorded on the Site constitute proof of all transactions between our company and the buyer.
The fact that our company does not avail itself at a given time of any of the clauses of these GCS may in no way be interpreted as a waiver by our company of the right to avail itself of any of the said clauses at a later date. Similarly, any condition contrary to the GCS requested by the buyer and not accepted by our company shall not be binding on us.
Article 2 - Orders
The buyer can only place his order online if he has filled in the order form on the Site.
Orders placed on the Site are recorded as soon as the order is validated by the buyer.
However, the order does not become final until it has been confirmed by our company.
Contractual information and the General Terms and Conditions of Sale are presented on the Site in French and will be confirmed by our company at the latest at the time of delivery of the products.
Our company reserves the right to cancel or refuse any order from a buyer with whom there is a dispute over payment of a previous order.
Article 3 - Availability and quantity ordered
Our product offers and their prices are valid as long as they are visible on our Site.
Article 4 - Prices
4.1. The prices of the goods sold are those in force on the day the order is taken. The prices of the products are indicated in euros, all taxes included , and include the handling, packaging and conservation of the products but not the shipping costs.
Consequently, they will be increased by the shipping costs applicable on the day of the order.
4.2. The company Lisa Mueller reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time the order is registered.
4.3. Discounts are not cumulative.
Article 5 - Payment
The payment of the orders is carried out:
either by credit card - Visa, MasterCard and other credit cards. The card is debited as soon as the order is taken.
or by paypal account
In case of delay or default of payment, our company may suspend all orders in progress, without prejudice to any other course of action.
Article 6 - Transfer of ownership
The products remain the property of our company until full payment of their price to our company.
Article 7 - Right of withdrawal
Pursuant to the provisions of articles L.121-21 and following of the Consumer Code, following his online order, the customer has a period of 14 working days from the date of delivery to exercise a right of withdrawal. If the deadline expires on a Saturday, Sunday, public holiday or non-working day, this deadline is extended until the first following working day.
To exercise your right of withdrawal, please follow the steps below:
It is compulsory to send an express statement (by post or e-) clearly explaining your decision to terminate the contract. To do so, you can use the model withdrawal form available at the end of this document. However, this does not constitute an obligation.
1. Send a written statement of your wish to withdraw from the contract or by using and printing out the model below "Request for withdrawal".
2. Complete the template and sign
3. Stamp and return the form to the following address or by e-mail :
Lisa Mueller Matcha
22 Rue Pasteur, 33 Escale Oceane,
40130 Capbreton - France
4. Upon receipt of your request, Customer Service will contact you to arrange for the return of the Products. The direct costs remain at your expense.
5. Following contact with customer service, return the package containing the Product(s) to the following address:
Lisa Mueller Matcha
22 Rue Pasteur, 3 Escale Oceane,
40130 Capbreton - France
Note: the Products must imperatively be returned to the above address.
Refunds will be made via the means of payment used at the time of purchase and will be made as soon as possible after receipt of the returned Product(s) and no later than 14 days following their receipt(s).
Refunds can only be made if the Product is returned in perfect condition, in its original packaging, accompanied by all its accessories, documentation and the original purchase invoice. Products that are used, incomplete, damaged or inseparably mixed with other products cannot be reimbursed.
The customer having placed the order is the only one who can exercise this right of retraction. In case of delivery to a different person, this right cannot be exercised by the recipient of the order.
Model of withdrawal form
To Lisa Mueller Matcha
22 Rue Pasteur, 3 Escale Oceane, 40130 Capbreton - France
I/we hereby revoke the contract that I/we have concluded for the purchase of the following goods (*) :
The provision of the following service (*) - Ordered on (*) / Received (*)
Name of consumer(s) :
Address of the consumer(s) :
Signature of consumer(s) (only in case of paper form)
Article 8 - Security
The Site is subject to a security system. Our company has thus adopted the SSL encryption process in order to protect as effectively as possible all sensitive data related to means of payment. The payment of orders is carried out through STRIPE, which is certified according to the strictest standards of the sector and has obtained regulatory licences throughout the world.
Article 9 - Customer service
For any information or question about the products, our Customer Service is at your disposal from Monday to Friday from 9am to 4pm.
Address: Lisa Mueller Matcha
22 Rue Pasteur, 3 Escale Oceane,
40130 Capbreton - France
The following e-mail address is also available to the buyer:
Article 10 - Intellectual property
10.1. All visuals, photos, texts, comments, works, illustrations, drawings and images reproduced on the Site are subject to copyright and intellectual property rights for the entire world. Any total or partial reproduction of the Site is therefore strictly prohibited.
10.2. The buyer undertakes not to use the products in such a way as to infringe the rights of our company.
Article 11 - Liability
The products offered on the Site comply with current French legislation and standards applicable in France.
The photographs of the products on the Site are provided for illustrative purposes and therefore have no contractual value. The purchaser is invited to refer to the description of each Product appearing on the Site to find out its characteristics and, in case of doubt or if additional information is required, to contact the Customer Service department whose contact details are given in Article 9 above.
Article 12 - Guarantees
The buyer benefits from the legal guarantees of conformity of the good to the contract and hidden defects in accordance with the legal provisions specified in appendix A of the present GCS.
Thus, our company undertakes, at the choice of the buyer, to reimburse or exchange the apparently defective products or those that do not correspond to the order.
The products must be returned to us new, complete, in their original condition (packaging, accessories ...) and accompanied by the original purchase invoice.
No product can be reimbursed or exchanged before it has been returned and received by our company.
It will be up to the buyer to provide our company with any justification as to the reality of the anomalies or defects.
He shall refrain from intervening himself or having a third party intervene for this purpose.
The provisions of this article do not prevent the non-professional buyer from benefiting from the right of withdrawal provided for in article 7 below.
Article 13 - Force majeure
The company's responsibility ... (company name) cannot be implemented if the non-execution or delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure.
Explicitly, are considered as fortuitous events or cases of force majeure in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport, delivery or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunications networks.
Article 14 - Applicable law - Disputes
The present GTC have been drafted in French, which will be considered, in any case, as the sole language of the parties. The interpretation and execution of these GCS, as well as all acts that would be the result or consequence thereof, will be subject to French law, regardless of the place of delivery of the products, the place of placing the order, the nationality of the buyer and his address. Any dispute with professionals and / or merchants resulting from these GCS and / or any order that will be addressed to our company and / or any sale made by our company will be subject to the exclusive jurisdiction of the Commercial Court of Dax, 55 avenue Victor Hugo, Villa Gischia, BP 301, 40107 Dax cedex.
Article 15 - Nominative information / cookies
Article L. 211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation, if the latter was made by him under the contract or was carried out under his responsibility.
Article L. 211-5 of the Consumer Code
To be in conformity with the contract, the property must:
1 - Be fit for the use ordinarily expected of a similar asset and, where applicable:
Corresponds to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model.
Have the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
2 - Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
Article L. 211-12 of the Consumer Code
Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.
Article 1641 of the Civil Code
The seller is bound by the guarantee on account 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 only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.