GENRAL TERMS AND CONDITIONS
I – APPLICATION
The present general terms and conditions detailed below (hereafter referred to as “the Conditions”), govern the contractual relations between any users of the www.tissage-moutet.com website wishing to make a purchase from TISSAGE MOUTET via the website (hereafter referred to as “the Customer” or “You”) and the company TISSAGE MOUTET SA, whose registered address is at Z.I des Saligues 64300 ORTHEZ (hereafter referred to as “TISSAGE MOUTET”).
The primary activity of TISSAGE MOUTET is selling items of table and kitchen linen and decorative and textile accessories, both in France and abroad (either by “flash sale” or limited period promotional sale, or by “standard sale”) on the http://www.tissage-moutet.com website.
These general terms and conditions are the only ones that apply and replace all other conditions, unless otherwise confirmed by prior express written agreement. TISSAGE MOUTET can amend the provisions of the present Conditions at any time. Therefore, you should take note of the current version of the Conditions on the day of your order from the http://www.tissage-moutet.com website (hereafter referred to as “the Site”). These amendments are valid and apply to the Customer from the time that they are put on-line and will apply to all orders made after this time. All purchases from the Site are subject to all clauses of the Conditions that apply on the date of the order. The Customer will only be able to place an order after reading the present Conditions and accepting them by ticking the dedicated box. TISSAGE MOUTET considers that, by placing an order, the Customer has duly taken note of the Conditions and fully accepts them.
By confirming the present Conditions during the order, the Customer declares that they have the legal capacity allowing them to enter into a contract under Articles 1123 et seq. of the French Civil Code.
II – AVAILABLE PRODUCTS AND SOLD PRODUCTS
The purpose of the www.tissage-moutet.com website is to offer for sale home textile items and decorative and textile accessories.
The product offerings presented by TISSAGE MOUTET on-line are valid subject to stock availability.
Under no circumstances does TISSAGE MOUTET guarantee to keep products on sale for a given period of time.
Any complaints by the Customer regarding the order or delivery of an unavailable item will be considered as unfounded.
The products offered for sale are described and presented as accurately as possible.
However, in the event that errors or omissions are made with regards to this presentation, TISSAGE MOUTET will not be liable. The photographs of products in support of the text are non-contractual.
Size tolerance (inherent in jacquard weaving): + or – 5%.
Cotton is a natural fibre that can shrink slightly after the first wash (around 8%).
The Site presents products selected by TISSAGE MOUTET and we endeavour to present all their characteristics through photos and descriptions. The photos are shown for informational purposes only, not contractual purposes, and we invite you to refer to the description of each product to know the precise characteristics and, if in doubt, to contact us. On its website the company presents products for sale with the necessary requirements to comply with Article L111-1 of the French Consumer Code, which provides the potential consumer with the opportunity to know the essential characteristics of the products that they wish to purchase before placing an order. Our items are offered for sale for the duration advertised on the Site. Certain offers are available for a limited time and are subject to a specific advertisement. In the event of stock selling out before the end of a sale or exceeding the capacity of TISSAGE MOUTET to produce the quantity ordered by customers in optimal conditions, we will remove the product from the catalogue as quickly as possible. In any case, only the purchase confirmation sent from us will guarantee you the availability and delivery under the conditions specified below.
III – PLACING ORDERS
Orders are received exclusively on-line. All orders paid under the conditions stipulated in Article V will receive an order confirmation email summarising the order and the main points of the present Conditions, sent to the email address used to place the order, and at the latest, by the time of delivery.
IV – PRICE
Prices are shown in Euro and include VAT; in the event of a change to the VAT rate, the price will automatically be amended without any notice other than the due date of the new tax rate. For orders exempt from VAT, the provisions of the General Tax Code will apply. Orders must be paid for immediately, therefore no discounts can apply.
– Scope of marketing:
the products that we offer conform to the applicable legislations and requirements in France.
In cases where the purchasing customer resides outside the French territory, only the purchasing customer (or intra-community acquirer) will have the status of importer of the product or products in question. Any customs charges, local taxes, importation charges, or state taxes that may be charged are their responsibility. Furthermore, the purchasing customer must check with local authorities regarding the possibility of importing the products or using the products or services that they are considering importing. The purchasing customer is obliged to pay the authorities of their country all taxes, royalties or fees due on private copying levies, or more broadly, on intellectual property rights, particularly if delivering outside the French territory.
If the purchasing customer does not comply with the legislation of the country where they introduce the products, we will not be held responsible.
V – METHODS OF PAYMENT
Items are purchased by bank / credit card.
The total to pay at the time of payment is that which is shown on the Site at the time of purchase, including shipping costs. With regards to the shipping of items to specific destinations, transport costs will be subject to a quote, which will be confirmed and accepted by the purchaser when confirming the order.
The Customer confirms their address and approves the shopping basket and total price. The Customer provides the required bank / credit card information. The Customer confirms their order by clicking the “Confirm” button.
The sale is then complete, subject to confirmation of product availability, and us sending the Customer a confirmation of sale.
TISSAGE MOUTET retains ownership of sold items until actual payment for the entire amount and all goods is received. Non-payments of any kind may lead to the revindication of goods, fees, and the risk of restitution of sold items entirely at the expense of the purchaser. These provisions do not preclude transfer to the Customer, upon delivery, of risk of loss or deterioration of the goods purchased as well as the losses that they may cause.
TISSAGE MOUTET reserves the right to suspend the processing and shipping of an order in the event of refusal of payment by bank / credit card on behalf of the officially accredited organisations or in the case of non-payment.
TISSAGE MOUTET also reserves the right to refuse to deliver or to honour an order from a consumer who has not fully or partially paid for a previous order, or with whom a payment dispute is currently pending.
VI – AVAILABILITY
As part of a flash or promotional sale, customers can order the products on sale only for the duration of the flash or promotional sale indicated on the http///www.tissage-moutet.com website.
Due to the “tailor-made” nature of each flash or promotional sale, and in order to be able to offer our customers the best prices, products sold on the Site are often manufactured as a result of customer order placement.
In the event of a product being unavailable after an order has been placed and before the end of the shipments of the sale in question, the Customer will be informed by email or by telephone of the delivery of a partial order or the cancellation of their order.
VII – DELIVERY
Items are delivered by the most appropriate carrier or courier for the package.
At the time of the order, you should input the delivery address carefully, specify your preferred delivery times, and provide a telephone or mobile number.
Neither TISSAGE MOUTET nor the carrier can be held responsible for failure to deliver because of an incorrect delivery address.
The delivery times shown when confirming the order are calculated in working days (Monday to Friday, excluding bank holidays).
For large orders, the carrier will contact the Customer either by email or by telephone to agree a delivery appointment.
During this telephone conversation the Customer should explicitly notify the carrier of any access or delivery difficulties that they might encounter and confirm this by email or text message. The Customer should measure the access passages at their property in order to confirm the accessibility of the ordered product to the deliverer.
In the event of false information or incorrect measurements provided by the Customer, any additional costs linked to hiring lifts or hoists, storage, or returning goods will be entirely at the Customer’s expense.
All additional charges linked to hiring lifts or hoists, storage, or the absence of the Customer (in breach of the commitments made at the appointment) and the risk of any resulting damages, will be at the Customer’s expense. In the event of a delivery not being possible on the day of the appointment due to access difficulties that are not reported by the Customer beforehand, or due to the absence of the Customer at the appointment agreed with the carrier, additional delivery charges may be invoiced by TISSAGE MOUTET.
Depending on the delivery address and the weight of the product, these additional re-delivery charges may amount to 15% of the total amount of the original confirmed order.
Products can only be shipped within mainland France.
If the Customer wishes to change the delivery address or change the delivery date (only in exceptional circumstances), they should inform TISSAGE MOUTET as soon as possible, and before their package leaves our shipping warehouse.
To inform TISSAGE MOUTET, the Customer may use the contact section available on the Site or do so through “My Account”. The Customer should confirm the order number, the product in question and reasons to justify these changes; TISSAGE MOUTET will then confirm or reject this change by email or by telephone as soon as possible.
TISSAGE MOUTET reserves the right to re-invoice the Customer for storage fees resulting from this request (depending on the characteristics of the product, these fees could be as much as €50 per month, per product).
The Customer undertakes to be present on the day of delivery agreed with the deliverer and to check that the order is correct upon receipt.
In case of complaints regarding possible errors or deterioration of products (damage, item missing from delivery, damaged packaging, broken products, etc.), the Customer should imperatively write their comments on the delivery note and confirm them in writing within 7 days to the following address by recorded delivery:
Z .I des Saligues
64300 ORTHEZ – France
Except for cases of hidden defects, no complaints or reservations will be accepted after receiving the products from the Customer, if they have not complied with the above-mentioned procedure.
VIII – SECURITY OF ONLINE PAYMENTS
The http://www.tissage-moutet.com website is subject to one of the most powerful security systems currently available, provided by our financial partner. It offers every guarantee to protect all sensitive data linked to payment methods, as effectively as possible. TISSAGE MOUTET never has access to confidential information relating to payment methods. That is why the Customer’s bank details will be requested for each new order. Indeed, only the CAISSE D’EPARGNE bank holds confidential information which is not accessible by third parties.
IX – WITHDRAWAL
As long as goods are in their original and unused state, allowing them to be sold as new, the Customer can return their order within seven days of receipt, at their own expense. If this deadline falls on a Saturday, Sunday, or bank holiday, the deadline is extended to the next working day at midnight.
This right of withdrawal can also be exercised from the time of purchase and before delivery, which enables the Customer to avoid paying for shipping costs as long as the shipment has not already been executed.
The Customer can advise us of their decision to withdraw via the contact section available on the Site, or via “My Account”. The simultaneous return of goods is at the Customer’s expense if the goods are in their possession, on the understanding that cash-on-delivery returns will be refused.
The Customer is advised to return packages through a reliable and trackable recorded delivery service, which will enable them to prove that the package has arrived at our premises in case of dispute.
We will refund returned goods within thirty days of receiving the goods. The Customer will be informed of the receipt of their wish to withdraw, the receipt of their package and the refund date by email.
X – WARRANTY
If the delivered product does not correspond with the Customer’s order, TISSAGE MOUTET will assist the Customer with the return formalities and will cover the charges for this; in this event, the Customer should use the contact section on the website. There, the Customer should describe the incorrect nature of the delivered products and TISSAGE MOUTET will explain the procedure to follow to return these products free of charge. If the Customer uses this procedure to return a product as part of a withdrawal, for which a charge applies, TISSAGE MOUTET will be entitled to request a penalty of 15% of the price of the returned item, in addition to the reimbursement of return fees. If the originally ordered item is no longer available, the Customer will be able to request an equivalent item in its place or a refund.
Outside the scope of the provisions of French law, TISSAGE MOUTET cannot provide any warranties covering all consequences of faults or hidden defects which could be susceptible to affecting the items sold, unless otherwise stated on the Site.
In the case of a warranty issued by TISSAGE MOUTET, the company will choose to either refund or exchange the apparently defective products returned by the Customer during the warranty period.
However, warranties will only be granted if all the below-described conditions of acceptance of product returns are met:
1. Our specialists confirm that the product matches the product that was sent to the Customer and has not been damaged, modified or interfered with in any way.
2. The defect claimed by the Customer does not result from:
– abnormal or improper use;
– normal wear and tear or ageing;
– an accidental event, or more generally, an external cause
(such as the involvement of an unauthorised third party with the product).
In the case of warranty refusal, the delivery and return fees of the products remain entirely at the Customer’s expense.
It is recalled that the manufacturer is responsible on principle for all matters concerning the safety of its products (Article 1386-1 of the French Civil Code).
In any event, the liability of TISSAGE MOUTET cannot exceed the value of the item purchased and no other compensations can be claimed besides those that have been expressly stipulated by the French Consumer Code.
XI – INTELLECTUAL PROPERTY
Tissage-moutet.com and TISSAGE MOUTET are registered trademarks with the national intellectual property office of France (INPI) and their domain names are also protected. They are our exclusive property and cannot be used without our consent, which also means that links to other websites without our consent are strictly forbidden.
The graphic elements of the Site and the presentation of our products as part of selling goods (photographs and descriptions) are also the property of TISSAGE MOUTET and therefore cannot be copied. Any replications, use of graphic elements or presentation of our products, and any parasitism based on our sales mode is strictly forbidden and will be immediately pursued and prosecuted.
XII – SHIPPING COSTS
Delivery fees are specified before confirming payment of the subtotal.
XIII – LITIGATION AND LIABILITY
The Customer is responsible for checking the completeness and accuracy of the information that they provide TISSAGE MOUTET during the order, especially the delivery address.
The Customer is responsible for the information that they provide when they register and place an order.
TISSAGE MOUTET cannot be held responsible for any potential input errors that may cause delivery errors. TISSAGE MOUTET cannot be held responsible for any potential errors made by the Customer and/or the Customer’s non-compliance with the delivery and appointment terms that they make themselves with the carrier. When necessary, the required fees for re-delivering and storing products will be at the expense of the Customer.
Without limiting the previous paragraphs, the liability of TISSAGE MOUTET to the terms of the present Conditions cannot exceed a sum equal to the sums paid or payable during the original transaction of said liability, whatever the cause or the form of action in question may be; all actualities or circumstances that are unavoidable, unforeseeable and beyond the control of the parties, including total or partial strike of carriers, and natural catastrophes such as floods and fires, are considered as an unforeseeable event or force majeure, and exonerate liability.
The choice and purchase of an item by the Customer is their own responsibility. Therefore, total or partial inability to use the products, including because of incompatible material, cannot lead to any compensation, refunds or invoking the liability of TISSAGE MOUTET, except in cases of proven hidden defect, non-compliance, fault or exercising the right of withdrawal as provided for in the French Consumer Code.
XIV – SEVERABILITY
The fact that any clause of the general terms and conditions becomes invalid, unenforceable, obsolete, illegal or inapplicable as a result of a law, a regulation or following a definitive decision of a competent court, will not be able to undermine the validity, legality, applicability of the other stipulations of the present general terms and conditions and will not exonerate the Customer of the execution of their contractual obligations.
XV – ALLOCATING JURIDISCTION
In case of litigation or for the interpretation of the present contract, the commercial court of Pau (64) will have exclusive jurisdiction, even in the case of multiple defendants or the introduction of third parties.