TERMS OF SALE
Terms of Sale
These general terms and conditions of sale (GTC) are intended to define the rights and obligations of Mathieu Le Traon and his client in connection with the exercise of the following activities under the trade name “In Tweed We Trust”: online sale of woven products (stoles, scarves, plaids, blankets, blankets, cloth) and online sale of products made from these fabrics (gloves and other accessories).
They apply exclusively between Mathieu Le Traon, a sole proprietorship operating under the trade name “In Tweed We Trust”, located at 35 rue Pierre Nicole, 75005 Paris, registered in the Trade and Companies Register and the Répertoire des Métiers under the number SIREN 877 836 783, and any individual consumer making a purchase through the website https://intweedwetrust.fr (hereinafter “the Site”).
Mathieu Le Traon offers the customer the possibility to order online products of the “In Tweed We Trust” brand, through the Site, according to the following general conditions. Any order placed online with Mathieu Le Traon implies the customer’s unreserved acceptance of these conditions. These general conditions may be modified at any time and without notice by Mathieu Le Traon, the applicable conditions being those in force on the date of the order by the customer.
These general terms and conditions of sale are permanently accessible at the following address https://intweedwetrust.fr/terms-of-sale/, so that the Customer can print and save them.
2. PRODUCTS AND COMPLIANCE
The products offered for sale are presented on the Site and on In Tweed We Trust’s Instagram Account and are accompanied by as complete a description as possible.
The products offered by Mathieu Le Traon under the In Tweed We Trust brand comply with the standards applicable in France.
The photographs, texts, graphics as well as all the information and characteristics illustrating and/or accompanying the products are not contractual, which the customer acknowledges.
The client is invited to choose on In Tweed We Trust’s Site the product or products he/she wishes to order, then to proceed to order and payment through the decicated interface on the Site.
After confirmation of his/her order and the method of shipment by the customer and acceptance of these general terms and conditions of sale, the client can pay his/rer order by credit card on the Site’s interface, via the Stripe payment system.
Any order will only be validated after acceptance of payment.
Mathieu Le Traon reserves the right to cancel or refuse an order in the event of a dispute with the customer over a previous order.
Mathieu Le Traon can accept orders within the limits of available stocks. He informs the customer of the availability of the products sold on the site at the time of confirmation of the order.
If, despite Mathieu Le Traon’s vigilance, products are unavailable, Mathieu Le Traon will inform the customer as soon as possible and refund the missing item(s). The rest of the order will be shipped according to the procedure defined below.
The definitive or temporary unavailability can in no way engage Mathieu Le Traon’s responsibility, nor can it give rise to any right to compensation or damages in favour of the client.
The prices indicated on the Site and/or the Instagram Account are denominated in euros and are expressed net of VAT in accordance with the provisions of Article 239 B of the French General Tax Code establishing a VAT exemption. They are expressed excluding shipping costs.
The shipping costs will be indicated on the Site’s order interface before final validation of the order.
Prices may be modified at any time and without notice by Mathieu Le Traon. Items will be invoiced on the basis of the prices in effect at the time the order is placed.
The delivery is made:
– either by direct delivery to the customer;
– or by post or carrier to the place indicated by the customer.
Mathieu Le Traon delivers his Products in Metropolitan France, including Corsica, in the French Overseas Departments and in the European Union. Shipping outside the European Union is also offered but the feasibility is estimated by Mathieu Le Traon on a case-by-case basis, depending on the economic, security and regulatory conditions of the countries concerned. If delivery is not possible in the country chosen by the customer, Mathieu Le Traon undertakes to notify the customer and refund his order as soon as possible.
For France and European Union countries, deliveries are made within 5 to 20 days to the delivery address indicated by the customer when ordering. In order for these deadlines to be respected, the Customer must ensure that he has provided accurate and complete information concerning the delivery address. Delivery cannot be made to post office boxes.
In the event of a delivery delay of more than 10 working days, if the product has not been shipped by Mathieu Le Traon, the customer may cancel the order by registered letter with acknowledgement of receipt or by email and request a refund of his order.
If the item was shipped before receipt of the cancellation of the order due to a delay in delivery of more than 10 working days, Mathieu Le Traon will refund the item and the shipping and return costs, upon receipt, complete, in its original condition and with all labels.
For deliveries in metropolitan France (including Corsica) and the European Union, if the ordered products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the act of the customer, the sale may be cancelled at the written request of the customer under the conditions provided for in Articles 216-2, L216-3 and L241-4 of the Consumer Code. The sums paid by the customer will be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or deduction.
Mathieu Le Traon undertakes to inform the customer of the progress of the processing of his order.
The customer is required to check the condition of the products delivered. In the event of damaged packages (already opened, missing products…), the customer undertakes to notify the carrier and Mathieu Le Traon, by any means, of any reservations within 7 days of receipt of the product, accompanied by all relevant supporting documents (photographs,…). After this period, the products will be deemed to be in conformity and free of any apparent defect and no claim can be accepted by Mathieu Le Traon.
6. RESERVATION OF OWNERSHIP
The transfer of ownership of the Mathieu Le Traon product to the customer will only be carried out after full payment of the price by the customer, regardless of the delivery date of this product.
7. RIGHT OF RETRACTATION
According to the terms of Article L221-18 of the Consumer Code, “the consumer has 14 days to exercise his right to withdraw from a contract concluded at a distance, following a telephone or off-premises canvassing, without having to justify his decision or bear any costs other than those provided for in Articles L221-23 to L221-25.”
The time limit mentioned shall run from the day of receipt of the goods by the customer or by a third party, other than the carrier, designated by him, for contracts for the sale of goods.
The right of withdrawal can be exercised by e-mail to the address firstname.lastname@example.org or by post to the address indicated in article 1 of these General Terms and Conditions of Sale. It will be acknowledged by email by Mathieu Le Traon.
The return must be made within 15 days of Mathieu Le Traon’s written acceptance of the claim. After this period, the return is considered as cancelled and the customer must keep the product.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.), allowing them to be remarketed in new condition, and must be accompanied by the purchase invoice. The products must not have been worn or washed.
Damaged, dirty or incomplete products will not be accepted.
The return is at the customer’s risk. The return costs are the responsibility of the customer.
The exchange (subject to availability) or refund will be made within 14 days of Mathieu Le Traon’s receipt of the products returned by the customer under the conditions provided for in this article.
If the customer does not comply with these conditions, in particular the return conditions, Mathieu Le Traon will not be able to refund or exchange the products concerned.
8. WARRANTIES AND LIABILITY
Mathieu Le Traon has only an obligation of means for all stages of access to the site, from the ordering process to the dispatch of the parcel or subsequent services. Mathieu Le Traon cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with the law and case law.
9. INTELLECTUAL PROPERTY
The design of In Tweed We Trust products, and in particular the designs and patterns of the weavings, are protected by copyright and remain the property of Mathieu Le Traon. There can be no assignment of copyright.
In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site or the Instagram Account shall remain the full and entire property of Mathieu Le Traon.
The Client is required to respect intellectual property rights. In particular, he may not use the trademarks appearing on the Site or the Instagram Account and on the products, if any, or register a trademark that would be detrimental to the rights holder, unless otherwise provided by contract.
The same applies to any other intellectual property right.
10. EVIDENCE – ELECTRONIC COMMUNICATION
Any notification or communication between the client and Mathieu Le Traon may be made by any electronic means, and may be accepted as proof.
Mathieu Le Traon has a duty to ensure the security and confidentiality of his clients’ personal data in accordance with the DGMP. The personal data of customers may be transmitted to Mathieu Le Traon’s service providers and partners, in the event that their intervention is necessary in the processing and management of orders (Surname, first name, postal address, telephone number, email address). These service providers and partners may only act on instructions from Mathieu Le Traon.
Below are detailed the purposes of the personal data collected:
– Customer order processing (payment, shipping, return, refund)
In accordance with the so-called RGPD law, the Client has a right of access, rectification and opposition to personal data concerning him/her (hereinafter referred to as “Computer Rights and Freedoms”).
In accordance with the Data Protection Act, the customer is entitled to:
– Ask for a copy of all information kept about him/her.
– Request a correction on your personal data.
– Request a total deletion of your personal data.
To exercise this right, the Customer must make a request by email to the address email@example.com or by post to the address mentioned in article 1 of these General Terms and Conditions of Sale and indicating his surname, first name, email address and customer references. The customer’s request must be signed and accompanied by a photocopy of an identity document.
In accordance with the French law “Droits informatique et Libertés”, the answer will be given as soon as possible and at the latest within one month following the request.
Retention of customer data
The data shall be kept for no longer than is necessary for the purposes for which they were collected.
12. FORCE MAJEURE
In the event of an event of force majeure, the party concerned must inform the other within fifteen days of the occurrence of the event by registered letter with acknowledgement of receipt.
Expressly, in addition to those usually retained by the case law of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever are considered as force majeure or fortuitous events, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in marketing forms, computer failure, telecommunications blockage, including wired or wireless telecommunications networks, and any other case beyond the control of the parties that prevents the normal performance of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the event of force majeure lasts for more than three months, the contract concerned may be terminated automatically without compensation for either party.
13. GENERAL PROVISIONS
1. Partial invalidity of a clause
If any provision of these terms and conditions is declared null and void or unenforceable by a competent court, it shall be declared unwritten and shall not render the other provisions null and void.
2. Applicable law – Competent court
These general terms and conditions are subject to French law with regard to both substantive and formal rules. Any dispute must be the subject of a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is granted to the competent French courts, notwithstanding multiple defendants or warranty claims.
3. Reproduction of applicable texts (Ordinance 2005-136 of 17 February 2005, Consumer Code, Civil Code)
Article L. 211-4. of the Consumer Code
The seller is required to deliver a good 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 where the latter has been charged to him by the contract or has been 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 suitable for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that he presented to the Customer in the form of a sample or model;
– have the qualities that a Customer 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 have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and that the latter has accepted.
Article L. 211-12. of the Consumer Code
The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods.
Art. 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much, that the Customer would not have acquired it, or would have given only a lower price, if he had known them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect.
14. CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE
Mathieu Le Traon reserves the right to modify the General Terms and Conditions of Sale at any time.
The General Terms and Conditions in force are those present on the site and last modified on December 11, 2019.