- Legal disclaimer
TISSAGE MOUTET is a simplified joint stock company with capital of 534,816 Euros, listed on the PAU commercial and companies register under entry no. B 421 629 676, with registered offices at Orthez and intra-community VAT no. FR 19421629676 represented by their President, Benjamin Moutet. TISSAGE MOUTET’s e-mail address is firstname.lastname@example.org and their telephone number is 05 59 69 14 33. You can contact TISSAGE MOUTET by phone between 9AM and 5PM. TISSAGE MOUTET manufactures and sells table and kitchen linen (hereinafter referred to as the “Products”) over the Internet via the www.tissage-moutet.com website (hereinafter referred to as the “Website”). The Website is owned and maintained by TISSAGE MOUTET. The person responsible for publication is Benjamin Moutet. The Website host is LITTLE BIG STUDIO, whose address is 26 Rue Beck, 33800 Bordeaux and telephone number is 09 51 91 23 69.
- General principles
These General Terms of Sale define the terms of online sales concluded between TISSAGE MOUTET and any consumer making a purchase via the Website.
They are written in French in their original version, are authoritative in all cases, and shall prevail over any other version.
These General Terms of Sale apply to the exclusion of all other conditions. They are available to the Customer on the Website at any time, and are submitted on a systematic basis to the Customer prior to any order and at the time that the order is recorded.
When a Customer Account is opened, clicking on the button “I accept the General Terms of Sale” indicates that the Customer consents to the application of these General Terms of Sale.
The Customer declares that they have read the following provisions before placing an order for Products.
Consequently, placing an order implies full and unreserved acceptance of these General Terms of Sale by the customer.
A printed version of the General Terms of Sale as well as any information sent by electronic means shall be admissible in any legal proceedings concerning the application of these General Terms of Sale in the same way and under the same conditions as any other document written and preserved in paper format.
The failure to exercise, at any time, a prerogative recognised under these General Terms of Sale, or to require the application of any stipulation of the agreement arising from said Terms shall under no circumstance be interpreted neither as a modification to the Contract, nor as an express or tacit waiver of the right to exercise said prerogative in the future, or of the right to require the scrupulous execution of the commitments entered into herein.
In the event that any of the terms of the General Terms of Sale are considered to be illegal or unenforceable by a court decision, the remaining provisions shall remain applicable.
Modification of the General Terms of Sale online
Taking into consideration the possible changes of the Website, TISSAGE MOUTET reserves the right to adapt or modify these General Terms of Sale at any time. Consequently, TISSAGE MOUTET invites the Customer to refer to the General Terms of Sale before placing any new order. The General Terms of Sale then in force shall apply to all orders placed as of the date that these are posted online.
- Legal age and capacity
The Customer declares that they are legally capable of concluding this Contract, the General Terms of Sale of which are presented below, namely that they are of legal age and are not under guardianship or trusteeship.
The main characteristics of the Products are described for each Product in the online catalogue. These have been presented to the Customer before the order, as part of the pre-contractual information which has been communicated to them.
- Customer Account
A Customer Account must be created before placing an online order on the Website.
In order to set up an account, the Customer will be asked to give their e-mail address.
Once the setup of the Customer Account is complete, a confirmation e-mail summarising the information provided is sent to the Customer at the address that they previously provided.
The Customer undertakes to provide TISSAGE MOUTET with precise, updated and complete information, and to ensure that the accuracy thereof is maintained. The Customer undertakes not to create an account under a false identity. It is the responsibility of the Customer to update the data concerning them.
The login name is the Customer’s e-mail address, email@example.com. Access to the Customer Account is protected by a personal, confidential password. The Customer undertakes to keep this secret and not to communicate this to a third party for any reason whatsoever. The Customer is responsible for their password. Should they notice that their account is being used fraudulently, the Customer undertakes to report this immediately to TISSAGE MOUTET.
The Customer places their order via the TISSAGE MOUTET online catalogue which is accessible on the Website.
Orders can only be placed via the Website.
It is hereby stated that ANY ORDER PLACED ON THE WEBSITE IS AN ORDER FOR WHICH PAYMENT IS REQUIRED.
Any order implies acceptance of the description of the Products and the prices applicable on the order date.
To place an order online on the Website, the Customer must:
– Place one or more Products in their shopping basket;
– Log in using their e-mail address firstname.lastname@example.org and password if they already have a Customer Account, or create a Customer Account;
– Provide a billing and/or delivery address;
– Choose a delivery method
Once they have prepared their order, the Customer can check the Products, total price and terms of their order. They must choose a payment method. If necessary, they can modify or return to the order before final confirmation.
The order will not be finalised until the final confirmation on the order summary screen. This action is treated as the handwritten signature referred to in Article 1367 of the Civil Code and as the conclusion of a Contract in electronic format within the meaning of Articles 1127-1 and 1127-2 of the French Civil Code. Once this action has been completed:
– The Customer confirms their order and declares that they accept this, as well as the entirety of these General Terms of Sale, fully and without reservation; and
– The order is considered irreversible and may only be reconsidered in the limited instances provided for herein.
The Customer has the option of printing the order form corresponding to their order.
- Confirmation of the order
Once the order is recorded by the Customer, a detailed acknowledgement of receipt thereof is sent to them at the e-mail address that they gave previously. This acknowledgement of receipt stipulates the exact invoiced amount, a list of the products ordered and quantities thereof, the delivery terms for the order and refers to these General Terms of Sale. This acknowledgement of receipt constitutes acceptance of the order by TISSAGE MOUTET and validates the transaction. The Customer accepts that the order registration systems serve as proof of purchase and the date thereof. By retaining and/or printing this e-mail, the Customer has proof of their order, and TISSAGE MOUTET recommend that they retain this.
This e-mail confirms that the Customer’s order has been accepted by TISSAGE MOUTET.
TISSAGE MOUTET undertakes to honour online orders provided that these are within available stock levels.
In the event of non-availability, TISSAGE MOUTET undertakes to inform the Customer as soon as possible by e-mail or telephone. In the event that the ordered Product is unavailable, the Customer has the option to either cancel or modify their order. In the event of a cancellation due to non-availability, the Customer will be reimbursed within fourteen (14) days of receipt of their cancellation request.
WEBSITE ORDERS ARE ORDERS FOR WHICH PAYMENT IS REQUIRED. Product prices are given in euros, and include all taxes. They include the VAT applicable in France on the order date.
List prices do not include shipping costs, which are normally borne by the Customer, in accordance with the provisions of Article 9 below.
Promotional offers are only valid subject to the dual limitation of the term of validity of the relevant offer, and available stock.
Cost of using remote communication technology
The Website is accessed via the Internet.
Access costs to the Internet network by means of a remote communication service are borne by the Customer.
- Shipping costs
Shipping/return costs are borne solely by the Customer, except in the instances stipulated in Article 12 herein, associated with Product non-compliance or faults/defects. They include the processing of the order and the packaging.
However, by way of derogation, the costs of initial delivery for any Product order exceeding 100 Euros within mainland France shall be borne by TISSAGE MOUTET.
Payment for the order is made in full on the order date. A payment within the meaning of this article constitutes the effective provision of funds to TISSAGE MOUTET.
Invoices are payable in Euros to the head office of TISSAGE MOUTET.
Payment is made online when ordering by credit card subject to the following conditions.
Security of transactions
In order to optimise the security of transactions on the Internet, the Website uses an SSL (Secure Socket Layer) online payment system ensuring that every measure is taken to ensure the confidentiality and security of the data transmitted as part of an online payment.
Our TISSAGE MOUTET online payment system automatically verifies the validity of access rights when paying by credit card and encrypts all exchanges in order to guarantee their confidentiality.
In order to benefit from the SSL secure payment mode, the Customer must use browsers which are compatible with the SSL system.
Deliveries are available to all countries worldwide, depending on the Customer’s choice.
The parcel number will be e-mailed to the Customer allowing them to track their delivery.
Shipping costs will be invoiced at the rate applicable on the order date.
The Customer will be made aware of the delivery terms before the final confirmation of their order.
Delivery times are given on the Website when placing the order. They vary depending on the delivery method chosen. They start upon receipt of payment by TISSAGE MOUTET.
If several items ordered at the same time have a different delivery date, the delivery date will be the one that is the longest. In this event, however, TISSAGE MOUTET reserves the right to deliver the order in several instalments.
Although they are for reference purposes, TISSAGE MOUTET will make every effort to comply with delivery times given when ordering.
In the event of any delivery delay attributable to TISSAGE MOUTET, the Customer may request the cancellation of the sale of the Product by registered letter with confirmation of receipt or by any other durable medium (in particular, e-mail with confirmation of receipt) if, after having instructed TISSAGE MOUTET under the same terms to perform the delivery within an additional period of 15 days, TISSAGE MOUTET has failed to comply with this deadline.
In this event, the sale shall be considered to be cancelled upon receipt of the letter by TISSAGE MOUTET informing them of this termination, unless TISSAGE MOUTET has complied in the meantime.
In the event of cancellation of the sale, TISSAGE MOUTET shall reimburse the Customer within 14 days of the date of cancellation.
Failure to comply with delivery times may not give rise to any form of compensation payment.
- Receipt of the Products
The Customer is required to check the condition of the packaging and the compliance of the Product at the time of delivery, and must inform the delivery person of any reservations they have regarding the state of the delivered Product so that these are mentioned in the shipping document: damaged packaging, damage suffered, compliance with the order, etc.
Any complaint regarding apparent defects or non-compliance of the delivered Product with the information given when presenting the Product on the Website, as well as any damage related to transport, must be confirmed by the Customer to TISSAGE MOUTET within 48 hours of receipt of the Product, either by registered letter with confirmation of receipt to the following address: TISSAGE MOUTET, Rue du Souvenir Français, Zone Industrielle Saligues, 64300 Orthez, or by e-mail to the following address: email@example.com.
The Customer must provide justification regarding the actual nature of the non-conformity, damage or defects noted.
If no complaint is made within the timeframe and conditions given above, the delivered Products will be deemed to have been accepted by the Customer.
Reporting a Product defect or non-conformity will entitle the Customer to a return authorisation from TISSAGE MOUTET, specifying the address and means for returning the Product.
Once they have received the return authorisation, the Customer must send the Products back to TISSAGE MOUTET at the address specified on the return authorisation, using the means given.
Any product returned without authorisation from TISSAGE MOUTET will be refused and returned to the sender, who shall bear all costs and risks.
For valid return to TISSAGE MOUTET and/or exchange, the Products must not have been used, and must be returned intact, in their original packaging, together with any accessories, user manuals and other documentation.
In the event that the Customer returns the Product due to a proven lack of conformity confirmed by TISSAGE MOUTET, the Customer must use the same means of delivery to return the Products that was selected to ship the ordered Products. In this event, the return costs will be borne by TISSAGE MOUTET by means of a return slip, or, otherwise, by reimbursing the Customer for the actual amount of said costs (proof of shipping costs must be attached to the package; otherwise, no reimbursement may be requested by the Customer).
Guarantee of conformity and legal guarantee against hidden defects
The Customer is covered by the legal guarantee of conformity (Articles L. 217-4 to L. 217-12 of the Consumer Code) and the legal guarantee relating to defects in items sold (Articles 1641 to 1648 and 2232 of the Civil Code).
GUARANTEE OF CONFORMITY
Article L. 217-4 of the Consumer Code:
The seller shall deliver goods that comply with the Contract and is liable for any compliance defects in existence at the time of delivery.
Article L. 217-5 of the Consumer Code:
The property is in conformity with the Contract:
1) If it is suitable for the customary use of similar products and, where appropriate:
– it corresponds to the description given by the seller and possesses the qualities which he has given to the buyer in the form of a sample or a model;
– if it has the qualities that a purchaser can legitimately expect given the declarations made by the seller, by the manufacturer or by its representative, in particular in the advertising or labelling;
2) Or if it has the characteristics defined by a mutual agreement by the parties or is suitable for any specific use required by the purchaser, which was brought to the attention of the seller and that the seller accepted.
Article L. 217-12 of the Consumer Code:
An action resulting from a defect in conformity shall be time-barred two years after the delivery of the product.
Article L. 217-16 of the Consumer Code:
When the purchaser asks the seller, during the course of the commercial warranty granted to them when acquiring or repairing a movable goods, for a refurbishment covered by the warranty, any period of immobilisation of at least seven days, shall be added to the duration of the remaining warranty.
This period shall commence from the request for intervention by the purchaser or from the provision for repair of the goods in question, if this provision is made after the request for intervention.
GUARANTEE AGAINST HIDDEN DEFECTS
Article 1641 of the Civil Code:
The seller is bound by the guarantee covering hidden defects in the item sold which render said item unfit for the use for which it was intended, or which diminish this use to such a degree that the buyer would not have bought said item or would only have paid a lower price for it if the faults had been known.
Article 1648 paragraph 1 of the Civil Code:
Any legal claim resulting from hidden defects must be submitted by the buyer within two years of the discovery of the defect.
TISSAGE MOUTET strives to the best of its ability to ensure the correctness and timeliness of the information on its Website, and it reserves the right to modify this at any time, and without prior notice. However, it cannot guarantee the correctness, accuracy or completeness of the information given on the Website. Consequently, it declines all responsibility for inaccuracies or omissions relating to the information available, as well as any responsibility for damage resulting from fraudulent intrusion by a third party leading to the alteration of the information contained on the Website.
Compliance of the Products with applicable standards
TISSAGE MOUTET undertakes to sell Products which comply with the legislation and standards in force within the European Union at the time of sale.
Use of the Website
Using and browsing the Website is the responsibility of the Customer. TISSAGE MOUTET declines any responsibility, and may not be held responsible for damages or any virus which may affect IT equipment or any other systems when accessing the Website, using the Website or browsing the Website, or downloading any content, data, text, images or files from the Website.
Non-compliance use/installation of the Product
TISSAGE MOUTET declines any responsibility and may not be held responsible for damages caused to the Customer or to any third party due to use of the Product which does not comply with its intended purpose.
- Right of withdrawal
In accordance with Article L. 221-18 over the Consumer Code, a consumer who concludes a Contract via a means of remote communication has a withdrawal period of fourteen (14) days starting from the date of receipt of the Product within which to review their order.
It is stated that in the event of an order relating to several goods delivered separately, or in the event of an order for a single item comprised of batches or multiple pieces, the delivery of which is staggered over a set period, this period shall start from the receipt of the last item or batch or last piece.
For contracts specifying the regular delivery of goods during a set period, this period shall start from the receipt of the first item.
To exercise their right of withdrawal, the Customer has fourteen (14) days in which to inform TISSAGE MOUTET of their intention to withdraw, by completing and sending the withdrawal formmade available to them in printable form on the Website or by sending the online form from the following link https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397 or any other unambiguous declaration expressing their desire to withdraw.
When the right of withdrawal is sent electronically online from the Website, TISSAGE MOUTET will immediately send the Customer an acknowledgement of receipt of the withdrawal.
The Customer must then send the Product within a period of fourteen (14) days of the submission of the withdrawal form, together with a copy of the invoice. The costs and risks of returning the Products shall be borne solely by the Customer. The Products must be returned to TISSAGE MOUTET at the following address: TISSAGE MOUTET, Rue du Souvenir Français, Zone Industrielle Saligues, 64300 Orthez
The Customer is hereby informed that the costs of returning the Products in the event of withdrawal shall be borne solely by them. The cost of returning the Product is the initial cost of delivery using the standard delivery method offered by TISSAGE MOUTET when ordering.
TISSAGE MOUTET undertakes to reimburse the Customer for the price of their order within 14 days of receipt of the Products or at least of proof of shipment of the Products (whichever is earlier).
The Products must not have been used or damaged, and must be returned intact in their original packaging, together with any accessories, user manuals or other documentation.
The Customer may be held responsible for any deterioration of the Product by the Customer.
- Intellectual property
The Customer holds no intellectual or industrial property rights to the Products, packaging, or wrapping, and TISSAGE MOUTET remains the sole owner of all such rights.
Any use in any way whatsoever by the Customer of the TISSAGE MOUTET brand or any other brand belonging to TISSAGE MOUTET or to its suppliers and manufacturers is strictly prohibited, except with the agreement of TISSAGE MOUTET.
All copyright and intellectual property rights of the content and structure of the Website worldwide are reserved.
As such, and in accordance with the provisions of the Intellectual Property Code, only personal use subject to different or even more restrictive provisions of the Intellectual Property Code is permitted.
Any reproduction or representation, in part or in full, of any content present on the Website (in particular any text, image, iconographic or photographic representation, brand or logo) for any purpose and on any medium is prohibited.
Failure to comply with this prohibition constitutes counterfeiting which may lead to civil and criminal liability of the offender.
None of the provisions of these General Terms of Sale may be interpreted as conferring on the Customer a license for any form of intellectual property right.
- Protection of personal data
TISSAGE MOUTET declares that it complies with and undertakes to comply with the regulations relating to personal data in force in France, and in particular the European Regulation on Data Protection of 27 April 2016 (RGPD) and the Data Protection Act of 6 January 1978 as amended.
17.1. Data collected
When setting up your Customer Account and/or processing your order, TISSAGE MOUTET collects personal data in order to conclude, execute and manage the Contract, and to draw up invoices. TISSAGE MOUTET may use your personal data for commercial solicitations in accordance with the legal requirements in force. The data collected for this purpose comprises the following: surname, given name, billing address, e-mail address, telephone number, name of company (optional), means of payment, delivery address if different from billing address. This collection is based on the execution of the Contract.
During the collection, certain data must compulsorily be provided, and this is indicated with an asterisk; others are optional.
TISSAGE MOUTET undertakes not to use the data collected for purposes other than those mentioned above (unless required by a competent legal and/or administrative authority).
Your data is saved in an active database for the duration of the Contract, or 3 years starting from our last contact with you, and in an archive database for a period of 5 years, the limitation period under common law.
The recipient of the data is TISSAGE MOUTET. TISSAGE MOUTET however reserves the right to transmit any or part of the personal data of its Customers to its subcontractors for the purposes of the Contract, and in particular for the execution of any order.
TISSAGE MOUTET undertakes to adopt every useful precaution to protect the security of the transmitted data and, in particular, to prevent this from being corrupted, damaged or from being made accessible to unauthorised third parties.
You have the right to ask TISSAGE MOUTET for access to, or rectification, deletion or portability of your personal data. You can also request a limitation on processing or you can object to the processing of data concerning you. You have the right to withdraw your consent to the processing of your data at any time.
You can also object to any telephone canvassing by registering on the BLOCTEL list: https://www.bloctel.gouv.fr
You can exercise your rights by sending an e-mail to TISSAGE MOUTET at the following address: firstname.lastname@example.org or by post to TISSAGE MOUTET, TISSAGE MOUTET, Rue du Souvenir Français, Zone Industrielle Saligues, 64300 Orthez, giving your full contact details (surname, first name, address, telephone number, e-mail address) and specifying the reason for your correspondence. You may be asked to prove your identity.
Finally, you have the option of filing a complaint with the CNIL.
17.2. Cookies and other tracking technologies
During your visit to the Website, cookies may be placed on your computer, tablet or smartphone.
A “cookie” is a small text file which contains information specific to the Website user. It is stored on the Internet user’s hard disk and can only be read by the server which issued it.
For example, cookies help us to remember your user name for your next visit, to understand your interactions with our content, and to improve the latter based on the information collected.
The information obtained by the cookies is recorded on the server which hosts the Website, which is located in Roubaix (France).
The purpose of the cookies used
TISSAGE MOUTET makes limited use of “cookies” in order to facilitate your browsing on the Website, to optimise consultation on the Website, and to carry out audience measurements. The cookies are kept for a maximum of 12 months.
In this case, they are:
– Cookies which are necessary for the proper operation of the Website:
These are cookies which are needed in order to track and record Customer Accounts on the Website. Without these cookies, some Website settings may not work correctly.
– Functionality cookies:
These cookies are needed in order to browse the Website. These cookies are used to remember the choices that you make during your visits. For example, we can store your geographic location in a cookie in order to offer venues or events close to this location.
– Traffic analysis cookies:
These cookies are used to follow Internet users’ browsing in order to generate consultation statistics and monitor the performance of the Website. This data allows us to improve the Website and provide a better user experience. In this case, the system is limited to audience measurements and A/B testing, and falls within the scope specified in Article 5 of the guidelines relating to cookies and other trackers.
If you do not want this technology to be used, you can disable this function in your browsing software while maintaining access to the Website. This may limit your ability to use/benefit from certain functions on our Website.
You can choose to disable cookies at any time. Your browser can also be configured to notify you of the cookies placed in your browsing software, and ask you whether to accept them or not.
You can accept or reject cookies on a case-by-case basis, or reject them entirely.
1 – Via browsing software:
Each browsing software has its own cookie management settings. The procedures are described in the software help menu:
– For Internet Explorer™: Click here
– For Safari™: Click here
– For Chrome™: Click here
– For Firefox™: Click here
– For Opera™: Click here
2 – Via a cookie management platform for shared cookies and advertising cookies:
The European Youronlinechoices platform, made available by digital advertising professionals, brings together the main European players in online advertising. This platform allows you can find out about the registered companies and offers the possibility of rejecting or accepting the Cookies used by these companies in order to adapt the advertising which may be displayed on your device.
The cookie generated when you use a share button is also included on this platform.
Please note that your choices are stored in a cookie. If you delete all of the cookies stored on your device (via your browser), these companies will no longer know that you have chosen this option.
3 – Traffic analysis cookies:
If you do not want to send information to TISSAGE MOUTET, you can consult the CNIL information page: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.
- Force majeure
TISSAGE MOUTET disclaims all responsibility for any breach of its contractual obligations in the event of force majeure or fortuitous events, including but not limited to disasters, fires, internal or external labour strikes, internal or external failures or breakdowns, and generally, any event that does not allow the proper execution of orders.
- Governing law and competent jurisdiction
These General Terms are subject to French domestic law, excluding any international convention.
In the event of any dispute relating to these General Terms, the parties shall attempt as far as possible to resolve their dispute amicably.
The consumer may choose either a court with territorial jurisdiction under the Civil Procedure Code, or the court in the jurisdiction in which they are resident at the time of conclusion of the Contract or of the occurrence of the injurious event (Article R 631-3 of the Consumer Code).
- Use of the consumer mediator
If you are a “consumer” within the meaning of the preliminary article of the Consumer Code, you must first submit your complaint to us using the contact form on the Website by selecting the “Complaint” option.
If this is unsuccessful, you may resort to a conventional mediation procedure or to any other alternative dispute resolution method, and in particular by making free use, within a one-year period of your complaint, to the competent consumer mediator in accordance with the provisions of Title 5 of Book I of the Consumer Code:
Mediator for the Professional Federation for E-commerce and Remote Sales (Médiateur de la Fédération professionnelle du e-commerce et de la vente à distance – FEVAD)
60 rue de la Boétie – 75008 PARIS
In order to resolve your dispute, you can access the European online dispute resolution platform provided under Regulation (EU) no. 524/2013 of 21 May 2013 on the online settlement of consumer disputes, and cross-border disputes in particular, by using the following link: http://ec.europa.eu/consumers/odr/.
If this mediation fails, or if you do not wish to make use of this, you are free to submit your dispute to the competent courts.