Article 1: Legal notices and scope of application

This website is published by PASCAL MATHIEU, SAS with a capital of €1 399,29, registered with the Annecy Trade and Companies Register under number 833 362 957 and whose head office is located at 156 Allée des Champs du Savoy, 74400 Chamonix Mont-Blanc, France.

The Publisher can be contacted by email at: 

pascal@pascalmathieu.com

Intra-community VAT number: FR19833362957

This website is hosted by Shopify Inc., a Canadian company listed on TSX and NYSE.

The roles of Publication Director and Editorial Manager of this website are performed by Mr. Pascal Mathieu.

Article 2: Acceptance of the General Terms and Conditions of Sale

Acceptance of the general terms and conditions of sale takes place upon final confirmation of the order.

 

Article 3: Access to the Service

The website is accessible free of charge to all users.

The website’s services are normally available to users 24 hours a day, 7 days a week, throughout the year, except in the event of voluntary interruption, in particular for maintenance purposes, or for any other reason beyond the control of PASCAL MATHIEU, including but not limited to issues related to the functioning of the internet, the computer and network infrastructures required for operation of the website.

Given the nature of its activity, PASCAL MATHIEU is subject only to an obligation of means and therefore cannot be held liable for any damage, of whatever nature, resulting from the unavailability of the website.

 

Article 4: Pre-contractual information obligations

PASCAL MATHIEU fulfills his duty of pre-contractual advice and information.

PASCAL MATHIEU undertakes to describe the essential characteristics of the products on his e-commerce website.

Article 5: Product description

The products governed by these General Terms and Conditions are those listed on the website and indicated as sold and shipped by PASCAL MATHIEU. They are offered within the limits of available stock.

The essential characteristics of the products are described and presented on the product detail page available on the website.

It is specified that the photographs of the items or their reproduction on any other media featured on the website have only an indicative value, they are not contractual and cannot engage the responsibility of PASCAL MATHIEU.

 

Article 6: Terms of sale of products

When ordering products, the Buyer must complete a form including personal data concerning them.

The information provided to PASCAL MATHIEU must be accurate. The Buyer is responsible for ensuring the conformity of this information at the time of subscription. In case of erroneous data communication, PASCAL MATHIEU cannot be held liable.

Article 7: Product availability

Products are offered within the limits of available stock. In case a product is unavailable, the Buyer will be informed as soon as possible by email and/or by a notice on the website.

If the entire order becomes unavailable after it has been placed, the Buyer will be notified by email and refunded in accordance with Article L.121-20-3 of the French Consumer Code no later than thirty days from the order date. In this case, PASCAL MATHIEU is not liable for any damages.

 

Article 8: Prices of products sold on the website

Prices are listed in euros (€) or US dollar (US$), including all taxes (VAT included). Delivery costs are included in the sale price.
The prices indicated take into account the VAT applicable on the day of the order.

PASCAL MATHIEU reserves the right to modify the prices of products displayed on the website. In all cases, products will be invoiced to the Buyer based on the rates applicable at the time of order confirmation.

 

Article 9: Orders

9.1 Placing the order

Any order may be placed directly by the Buyer on the site and constitutes a payment obligation.

For any order, the Buyer bears the telecommunication costs related to accessing the Internet and using the Site.

All steps necessary for the order are indicated on the site.

When placing the order, the Buyer agrees to provide the requested information and guarantees its accuracy.

In case of prolonged inactivity during the connection, the selection of items previously chosen may no longer be guaranteed. The Buyer will be invited to restart the product selection from the beginning.

Before finally validating the order, the Buyer may return to previous pages to correct or modify the order and the previously provided information before confirming acceptance.

PASCAL MATHIEU cannot be held responsible for input errors by the Buyer nor for any resulting delays or delivery errors. In such cases, any costs arising from reshipping will be borne by the Buyer.

9.2 Order confirmation

Order validation by the Buyer commits them to immediate payment.

Once the order is validated by the Buyer, an email acknowledging receipt of the order and summarizing all related information will be sent to the Buyer as soon as possible and at the latest at the time of delivery.

The Buyer must provide a valid email address when filling in the identity fields.

Any order validated by the Buyer constitutes an irrevocable acceptance which can only be challenged within the limits set out in these terms of sale. In particular, any order constitutes express and irrevocable acceptance of prices and product descriptions available for sale.

PASCAL MATHIEU reserves the right to suspend or cancel any order execution and/or delivery, regardless of its nature or level of execution, in the event of non-payment or partial payment by the Buyer, payment incident, or in case of fraud or attempted fraud related to the use of the site or products, including in previous orders.

 

Article 10: Payment

10.1 Payment Terms

All orders must be paid in euros. Payment is processed via Shopify Paiements.

The Buyer is debited for the full amount indicated on the order summary on the day of their order.

PASCAL MATHIEU cannot be held responsible for any fraudulent use of the payment method provided.

PASCAL MATHIEU reserves the right to suspend or cancel any order and/or delivery, regardless of its nature or stage of execution, in the event of non-payment of any sum owed by the Buyer or in the event of a payment incident.

10.2 Security of bank transactions

Data provided for card payment methods is processed securely by Shopify Paiements. PASCAL MATHIEU has no access to, nor does it receive, this banking information on its servers: for this reason, these details are systematically rerequested during any new transaction on the site.

10.3 Payment default

PASCAL MATHIEU reserves the right to refuse delivery or fulfill any order placed by a Buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is currently being administered.

Article 11: Geographical area

Products and services are offered in France and internationally.

Article 12: Delivery

12.1 Delivery areas

Delivery of products is limited to the geographical zones defined in Article 11 (Geographical area).

12.2 Delivery terms

At checkout, the Buyer can choose between home delivery or pick-up at a collection point (home delivery only in metropolitan France).

12.3 Delivery date

Any order placed on the PASCAL MATHIEU website will be prepared and shipped within 72 hours, subject to payment validation (see payment validation section).

PASCAL MATHIEU undertakes to deliver items ordered and paid for by the client within the following deadlines:

In metropolitan France:

Orders are shipped in parcels with delivery within 72 hours (average), counted from the shipment date, Monday to Friday.

In Europe and internationally:

Delivery takes 1 to 30 days from the shipping date, depending on the region, averaged from Monday to Friday.

If the items have not been delivered within 30 days of the scheduled shipping date and this delay is not due to force majeure, the customer may cancel the sale by sending a registered letter with acknowledgment of receipt to: Pascal Mathieu, 156 Allée des Champs du Savoy, 74400 Chamonix Mont-Blanc, France.

Any funds paid by the customer will be fully refunded. The customer has 60 working days from the order shipping date to request cancellation of the sale and reimbursement for items due to non-delivery.

No delivery disputes will be accepted after this period. The customer must check the condition of the delivered items.

Any anomaly (damage, item missing from the order, damaged or open package, broken or defective item, etc.) must be reported within three days of delivery. 

Any package that is open, incomplete or damaged must not be accepted by the Buyer. The Buyer must notify the encountered issue within a maximum of 72 hours.

The customer may track the parcel on the carrier’s website via a tracking number sent electronically after successful payment.

12.4 Delivery methods

By carrier in France and internationally.
This method guarantees delivery of the parcel within 2 to 5 days following shipment (metropolitan France).

Deliveries take place from Monday to Saturday morning, except public holidays. The package is collected by the carrier and delivered to the address provided by the Buyer.

 

Article 13: Delivery costs

Shipping is free worldwide.

 

Article 14: Right of withdrawal

In accordance with current consumer regulations applicable to distance selling, the Buyer has a withdrawal period of 15 days starting from the day after receipt of the order.

Notice of withdrawal must be sent by email to Pascal Mathieu at the address listed in Article 1 of these General Terms and Conditions of Sale.

The Buyer is not required to provide a reason for exercising the right of withdrawal and will not incur any penalty for doing so.
The burden of proof for effective exercise of the right of withdrawal falls upon the Buyer.

The Buyer must return the product(s) without undue delay and in any case no later than 15 days after communicating the decision to withdraw.

A Buyer who returns the product(s) within this period has the right to a refund of the price paid for the ordered product.

The refund of the purchase price for any returned product will be made using the same payment method as the original transaction, within 15 days after receipt of the Buyer’s notice of withdrawal, with Pascal Mathieu reserving the right to delay the refund until either the product is recovered or proof of shipment is provided by the Buyer, whichever comes first.

Limits to the right of withdrawal

Under no circumstances may the Buyer abuse the right of withdrawal.

Any returned order that is incomplete, damaged, used, deteriorated, soiled, or even partially consumed will not be refunded.

The Buyer may be held liable in the event of depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the products.

In order to establish the nature, characteristics, and proper functioning of the products, the Buyer may only handle and inspect them as permitted in a store. Therefore, the Buyer must handle the product with all necessary care.

Article 15: Liability

PASCAL MATHIEU cannot be held engaged if non-performance or improper performance of the contract is attributable either to the consumer, particularly through incorrect use of the ordered products, to the unforeseeable and unavoidable actions of a third party to the contract, or to force majeure.

PASCAL MATHIEU will not be responsible for any failure or delay in performing any of its obligations under these general terms and conditions of sale that results from events beyond its control and will (including force majeure).

Article 16: Legal warranties

All products sold on the website are covered by the legal warranty of conformity and the warranty against hidden defects, allowing the Buyer to return delivered products that are defective or non-conforming.

Article 17: The proof

In all cases, final confirmation of the order shall serve as proof of the entirety of said order and shall make payable the amounts committed through entry of products listed on the order form.

This confirmation constitutes a signature and explicit acceptance of all transactions performed on the website.

Electronic records, stored in the information systems of PASCAL MATHIEU and its partners under reasonable security conditions, will be considered proof of communications, orders, and payments between the Buyer and PASCAL MATHIEU.

 

Article 18: Personal data

The information and data collected by PASCAL MATHIEU when processing any order from the Buyer are mandatory for order management, to ensure personalization services, and for commercial relations between the parties.

In accordance with the French Data Protection Act, Buyers have the right to rectify personal data concerning them. The Buyer must write to info@pascalmathieu.com, providing their surname, first name, email address, and order reference.

 

Article 19: Intellectual property

All content published on the website, such as sounds, images, photographs, videos, written texts, animations, programs, graphic charter, utilities, databases, software, and other underlying technologies, is protected under the provisions of the French Intellectual Property Code and is the property of PASCAL MATHIEU.

The PASCAL MATHIEU brand remains the exclusive property of the company PASCAL MATHIEU.

Any total or partial reproduction, modification, imitation or use of these trademarks, illustrations, images, logos, or videos, for any reason and on any medium, without the express prior written consent of PASCAL MATHIEU is strictly prohibited. The same applies to any combination or association with any other trademark, symbol, logo, or generally any distinctive sign intended to create a composite logo. This also applies to all patents, copyrights, designs and models, whether registered or not, which are the property of PASCAL MATHIEU.

Distribution, resale, copying and transfer of products sold via the website (in whole or in part) is strictly PROHIBITED, regardless of the medium (electronic or print), unless written authorization from the company PASCAL MATHIEU.

 

Article 20: Deactivation of customer account

In the event of non-compliance with obligations arising from acceptance of these General Terms and Conditions of Sale, payment incidents, provision of incorrect information upon account creation, or actions likely to harm the interests of PASCAL MATHIEU, PASCAL MATHIEU reserves the right to suspend access to the services offered on the site or, depending on the seriousness of the actions, to terminate the Member’s subscription and account, with no right to claim damages.

PASCAL MATHIEU also reserves the right to refuse to contract with a Buyer who has been excluded or sanctioned for such actions.

 

Article 21: Links and third-party sites

PASCAL MATHIEU cannot be held liable in any way for the technical availability of websites operated by third parties (including possible partners) which the Buyer may access via the site.

PASCAL MATHIEU does not assume any responsibility for the content, advertising, products, and/or services available through such third-party sites, which are governed by their own terms of use.

 

Article 22: Prohibited behaviors or fraudulent use of data

It is strictly prohibited to monetize, sell, or grant all or part of the access to the site, as well as the information it contains.

In the event of any breach of the provisions of this article, or more generally, in case of violations of laws and regulations, PASCAL MATHIEU reserves the right to take any appropriate measures and to initiate any legal action.

 

Article 23: Modification and update of the General Terms and Conditions of Sale

PASCAL MATHIEU reserves the right to modify these general terms and conditions of sale at any time. In such cases, the terms applicable will be those in force on the date of the Buyer’s order.

 

Article 24: Entirety of the General Terms and Conditions of Sale

Should any provision of these general terms and conditions of sale be declared invalid pursuant to any law, regulation, or final court decision, the remaining provisions shall retain their full force and effect.

 

Article 25: Applicable law and competent jurisdiction 

These general terms and conditions of sale are subject to French law.

Any dispute that may arise from the interpretation or execution of these general terms and conditions of sale, and its consequences will be brought before the competent courts.

Article 26: Entry into Force

These general terms and conditions have been in force since May 8, 2018.