These general conditions of sale apply without restriction or reservation to all online sales offered by the company Mati Smile EURL on the website www.gabee-tea.com (hereinafter: the" Site ").
MATI SMILE offers for sale to buyers (hereinafter: "the Buyers") food products (hereinafter: "the Products").
The purpose of these general conditions is to define the terms and conditions for the sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context. They are accessible and printable at any time by a direct and permanent link on the Site.
They prevail over all other general or specific conditions, in particular of purchase, not expressly approved by MATI SMILE. They may be supplemented, if necessary, by conditions of sale or use specific to certain Products or services, which supplement these general conditions and, in the event of contradiction, prevail over them.
2. Identity of the seller and contact
The Site is administered by the company Mati Smile, hereinafter also referred to as “Mati Smile”.
Editor's address: Mati Smile - 10 bis rue de l'hippodrome - 92150 - Suresnes
Status: SARL (with capital of 10,000 euros)
RCS Nanterre n ° 532 664 695
Intracommunity VAT number: FR 92 532664695.
Email address: firstname.lastname@example.org
3. Acceptance of general conditions
The Buyer declares, prior to placing his order, that he has full legal capacity, allowing him to commit himself under these general conditions.
Its acceptance of these is materialized by a checkbox in the order form. This acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an order on the Site.
4. Product characteristics
Before any order, the Company recommends that the Purchaser familiarize themselves, on the Site, with nutritional information, instructions for use and contraindications for each Product that they wish to order. The Company is not responsible for and cannot reimburse the Product in the event of an allergy to any of the components displayed on the Site.
The labeling and advertising of all the Products sold comply with the standards in force in France and with Community legislation.
Only regular physical activity and a varied and balanced diet are sources of a good balance.
During the use of the Products, it is advisable to maintain a sufficient daily diet.
The Company recommends that the Purchaser strictly comply with the recommendations for use, the precautions for use and the contraindications of the Products, appearing on the Site.
The Company recommends that the Purchaser not consume the Products exclusively and for a prolonged period for more than 3 months, without medical advice.
The Products are offered for sale within the limits of available stocks.
The photographs, representations and descriptions of the Products on the Site are as precise as possible. They only bind the Company for what is specifically stated.
5.1 PLACING THE ORDER
To place an order, the Buyer must select the Products of his choice and place them in his basket.
He can access the summary of his basket at any time as long as the order has not been definitively confirmed and can correct any errors in the items entered.
As part of their order, the Buyer is invited to provide their contact details for delivery and billing purposes. He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not contain all of the required information cannot be validated.
The Buyer guarantees that all the information he gives in the order form is correct, up to date and sincere and is not vitiated by any misleading character.
He is informed and accepts that this information constitutes proof of his identity and binds him as soon as it is validated.
5.2 ACCOUNT CREATION
At the end of his order, the Buyer is offered the possibility of creating an account through a third-party account or by entering a password (hereinafter: the “Account”), which allows the Buyer, when placing subsequent orders on the Site, to access a pre-filled order form with the contact details. born he provided.
He undertakes to update this information in the event of changes (in particular: change of address).
The Buyer is responsible for maintaining the confidentiality of his password. He must immediately contact the Company at the contact details mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. It recognizes the Company's right to take all appropriate measures in such a case.
5.3 ORDER CONFIRMATION
At the end of his order, the Buyer receives a confirmation by email.
The Buyer must ensure that the contact details he provided when ordering or updating his Account are correct and that they allow him to receive the email confirming his order. Failing receipt thereof, the Purchaser must contact the Company at the contact details mentioned in Article 2.
The Company recommends that the Purchaser keep the information contained in the order confirmation.
The order and its confirmation are considered received when the parties to which they are addressed can have access to it.
6. Prices and terms of payment
In the context of an online order, the selling prices of the Products are indicated on the Site.
They are indicated in euros, all French taxes included (French VAT and other applicable taxes).
They do not include any delivery costs applicable to the Products shipped, invoiced in addition to the price of the Products purchased, according to the terms provided for in article 7. The amount of the applicable delivery costs will be indicated before the validation of the order by the Buyer.
For products shipped outside the European Union, the price will be invoiced after deduction of VAT.
Attention: Outside the European Union, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to the Company. These duties and taxes, of which the Company cannot determine the exact amount in advance and of which it cannot therefore inform the Buyer prior to his order, remain the responsibility of the Buyer, who is solely responsible for the voucher. completion of any declarations and / or formalities relating thereto.
The applicable price is that displayed on the Site when the Buyer's order is registered.
6.2 TERMS OF PAYMENT
The full price of the Products and applicable delivery charges are payable when ordering. Their payment can be made online:
- by credit card
- by Paypal,
- or by any other means that will be offered on the Site at the time of the order.
The Buyer guarantees the Company that he has the necessary authorizations to use the chosen payment method.
The Company reserves the right to suspend or cancel any order and / or delivery, in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud.
Penalties in an amount equal to one and a half times (1.5 times) the French legal interest rate are automatically applicable to unpaid amounts upon notification of the rejection of bank payment.
6.3 RESERVATION OF OWNERSHIP
The Company retains full and entire ownership of the Products sold until full collection of the price.
7.1 Deliveries of the Products are made to the address indicated when ordering by the Buyer as "delivery address" (which may be different from the billing address).
Deliveries are accompanied by proper invoicing.
7.2 Different delivery methods may be possible, depending on the Product categories, their dimensions and their weight.
The Buyer is informed when ordering of the possible delivery methods for the Product (s) ordered and any costs corresponding to each of these methods.
The Purchaser must select the desired delivery method and provide all the information necessary for the actual delivery of the Product using this method.
7.3 A delivery deadline is indicated to the Purchaser in the order confirmation email (this delivery occurs in principle within 15 (fifteen) working days following the order, unless otherwise specified in the email from confirmation).
In the event of a delay of more than 30 (thirty) days compared to the delivery date announced in the order confirmation email, not justified by force majeure, and in the absence of receipt of the Products, the '' Buyer may denounce his order by registered letter with acknowledgment of receipt sent to the address mentioned in article 2 and obtain a refund in full amount paid within 45 (forty-five) days, excluding any other compensation.
In the event of delivery of the products ordered, the buyer must return the said Product in its original unopened packaging and without any damage to the Company to obtain a full refund.
7.4 The Purchaser is informed as soon as possible in the event of unavailability of the Product ordered. He can then obtain a full refund of the sums paid within 30 (thirty) days, to the exclusion of any other compensation.
8. Right of withdrawal
The Buyer has a period of 14 (fourteen) clear days from the date of receipt of the Products ordered to retract without having to justify reasons or pay penalties, with the exception of the costs of back.
He must contact the Company by letter with acknowledgment of receipt at: 10 bis rue de l'hippodrome 92150 Suresnes, in order to inform him of his wish to exercise his right of withdrawal. The letter must mention: the order number, the name of the Buyer, the date of the order and the reason for the withdrawal.
The Buyer will then return the Products to the Company by any appropriate means.
The Products must be returned to the Company in their original unopened packaging, with all their accessories, without any trace of use. They must be accompanied by a copy of the corresponding purchase invoice.
The Purchaser will be reimbursed as soon as possible and at the latest within 30 (thirty) days following the date of receipt of the returned Products for all the sums paid for his order, less return costs and products consumed.
Since the labeling clearly establishes the presence or absence of allergens, the Company cannot be held responsible for any error on the part of the Buyer regarding their intolerances or allergies to certain ingredients. Intolerance or allergy cannot therefore be used as a basis for reimbursement.
No order can be canceled outside of the exercise of the right of withdrawal as described above.
9. Legal guarantees
The Buyer benefits from the legal guarantees of non-compliance as well as the hidden defects of the item sold.
If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform the Company at the contact details mentioned in article 2 hereof, indicating the nature the defect, non-conformity or damage observed.
The Company will organize the return arrangements with the carrier of its choice, of which it will inform the Buyer by any appropriate means. The Company will bear the costs of this return.
The Products must be returned to The Company in their original packaging, with all of their accessories. They must be accompanied by a copy of the corresponding purchase invoice.
Product returns that do not comply with the terms described above cannot be taken into account.
The Company will carry out the necessary checks and suggest to the Buyer the repair or replacement of the Product if possible.
If repair or replacement of the Product is impossible, the Company will offer to reimburse the Buyer for the full price paid for this Product as well as the related delivery costs. The Buyer will receive the refund as soon as possible and at the latest within 30 (thirty) days of the date on which the Company has informed him of the impossibility of repairing or replacing the Product.
10.1 The Company undertakes to carry out regular checks in order to verify the functioning and accessibility of the Site. As such, the Company reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, the Company cannot be held responsible for any temporary difficulties or impossibilities of access to the Site which may have originated from circumstances outside it, force majeure, or which may be due to disruption of the telecommunications networks. p>
The connection of any person to the Site is done under his full responsibility. It is the Buyer's responsibility to take all appropriate measures to protect his own data and / or software stored on his computer equipment against any attack.
10.2 The Company does not provide the Buyer with any guarantee as to the suitability of the Products for his needs, expectations, in particular in terms of taste or constraints.
10.3 The Company does not guarantee any result or effect from the use of the Products.
10.4 The Company cannot be held responsible for the non-performance or delay in the performance of its obligations due to a case of force majeure or even total or partial disruptions or strikes, in particular postal services, carriers or means of communication.
In any event, the liability that may be incurred by the Company hereunder is expressly limited to only proven direct damage suffered by the Buyer.
11. Intellectual property
The Products as well as the systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by the Company within of the Site are protected by all intellectual property rights or database producer rights in force. All disassembly, decompilation, decryption, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Company are strictly prohibited. and may be subject to legal action.
12. Prohibited behavior
12.1 The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) all intrusions or attempted intrusions into the Company's systems, (iii) all misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructure, (v) any breaches of security and authentication measures, (vi) any acts likely to be harmful to the financial, commercial or moral rights and interests of the Company or of the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or the laws and regulations in force.
12.2 It is also strictly forbidden to monetize, sell or grant all or part of access to the Site, as well as to the information it contains.
12.3 In the event of a breach of any of the provisions of this article or more generally of breaches of laws and regulations, the Company reserves the right to take all appropriate measures and initiate any legal action.
13. Personal data
The Company practices a personal data protection policy, the characteristics of which are explained and accessible on the Site on the "Legal Notice" page, which the Buyer is expressly invited to read.
The Company reserves the right to insert on any page of the Site all advertising or promotional messages in a form and under conditions of which the Company shall be the sole judge.
15. Links and third-party sites
The Company can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the Buyer would access through the Site. / p>
The Company assumes no responsibility for the content, advertising, products and / or services available on such third-party sites and mobile applications which are reminded that they are governed by their own conditions of use. p>
The Company is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to whom the Buyer is directed through the Site and can not under no circumstances be party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and other obligations whatsoever to which these third parties are bound.
The Company reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of validation of his order by the Buyer.
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute on the meaning of a term or a provision.
18. Applicable law and jurisdiction
These general conditions are governed by French law.
In the event of a dispute over the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Paris will be exclusively competent to judge, except for mandatory procedural rules to the contrary. p >
Entry into force
These general conditions came into force on 12/09/2020