These General Terms and Conditions of Sale are those of Henri Matisse SAS, a simplified joint stock company with share capital of €304,082, whose registered office is located at 132 Boulevard du Montparnasse, 75014 Paris, which is registered in the Paris Corporate Register under number 824 626 238. E-mail address: email@example.com; Intra-community VAT - FR38 82 46 26 238.
1 - Preambule
Henri Matisse SAS is the owner of the "Maison Matisse" trademark.
The purchase (or order) of products offered on the website www.maison-matisse.com (hereinafter the "Site") is subject to these general terms and conditions of sale ("General Terms and Conditions of Sale").
The Site makes it possible to order online from Henri Matisse SAS a selection of products of the "Maison Matisse" brand (hereinafter "Product(s)") via the internet.
Henri Matisse SAS reserves the right to update and modify these General Terms and Conditions of Sale at any time. The version of the General Terms and Conditions of Sale applicable to any purchase or Order is the one appearing online on the site www.maison-matisse.com at the time of the purchase or Order.
These General Terms and Conditions of Sale only concern natural persons acting exclusively for their personal needs unrelated to a commercial activity. The Customer thus affirms that he acts as a consumer and that he does not intend to resell the Products for a commercial purpose.
The parties agree that their relationship will be governed exclusively by this contract, to the exclusion of all conditions previously available on the Site. If a condition is found to be lacking, it would be considered to be governed by the procedures in force in the remote marketing sector whose companies have their registered office in France.
The fact that Henri Matisse SAS does not claim the benefit at a given moment of one any whatsoever of these Terms and Conditions of Sale cannot be interpreted as amounting to subsequent waiver of one any whatsoever of the said conditions.
2 - Products
Only the permanent collections are offered for sale on the Site www.maison-matisse.com.
The purchase of limited edition collections is made either by a third-party collection service by contacting Maison Matisse customer service directly at the e-mail address firstname.lastname@example.org.
The offers of products and prices are valid as long as they are visible on the Site, within the limit of available stocks.
Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same Product by several Customers. In the event of unavailability of a Product after placing the order, Henri Matisse SAS will inform the Customer thereof by e-mail or by telephone as soon as possible, by proposing to him either to order another Product presented on the Site as a replacement or to cancel his order.
Henri Matisse SAS accepts no responsibility in the event of stockout or unavailability of Products for orders not yet accepted by Henri Matisse SAS.
3 - Order procedure
3.1 - Selection of products
The Customer who wishes to place an order chooses the different Product(s) of his choice by clicking on "Add to basket": » :
At any time, the Customer can :
- check the number of Products in his basket and obtain detailed information on each of them by clicking on the « BASKET » button
- continue his selection of Products by clicking on the "Continue shopping" button
- finalise his order by clicking on the "Validate" button.
3.2 - Identification
To be able to place an Order, the Customer logs in with a customer account.
When creating his Account, the Customer must ensure the accuracy of all the data that he provides.
If the Customer has entered his contact details in his Account, the delivery address will be automatically completed with this data.
In the event of an error in the wording of the recipient's contact details, Henri Matisse SAS cannot be held liable for the impossibility of delivering the Products.
3.3 - Customer account
By creating an Account on the Site, the Customer declares and guarantees to Henri Matisse SAS that he is of legal age and has the legal capacity to contract.
The creation of an account allows the Customer to:
- consult the history of his orders;
- modify his delivery and invoicing address for his next orders;
Henri Matisse SAS may delete the Customer Account at any time, for any justified reason, at its sole discretion.
3.4 - Confirmation of the order
After having taken note of his order, and once all the information requested has been completed by the Customer, the latter takes note of and accepts the General Terms and Conditions of Sale by clicking the box provided for this purpose, before confirming his order on the Site.
To finalise the Order, the full price of the Products is due at the time of the order.
Following the payment, an e-mail summary of the order is sent to the Customer by electronic mail to the electronic address indicated by the latter at the time of validation of the Basket. This document, amounting to acknowledgment of receipt of the Order, includes all of its constituent elements (the total sum of the order, the information relating to the cost and delivery time, the essential characteristics, the quantity and the price of the Products purchased).
4 - Prices and payment terms
4.1 - Prices
The prices of the Products presented on the Site are indicated in Euros, all taxes included (TTC). They are applicable at the time of the validation of the order by the Customer and do not include participation in the transport costs, invoiced in addition and indicated on the summary page of the basket before the final validation of the order. The prices, all taxes included, mean with VAT (Value Added Tax) for the products delivered in the European Union. Items subject to VAT are subject to French VAT. Any change in the statutory rates of French VAT will be reflected in the price of the Products presented on the Site, on the date stipulated by the relevant implementing Decree.
Import duties and other taxes are not included in the purchase price or the shipping price. The Customer is responsible for all customs and duty costs that may be incurred.
Henri Matisse SAS reserves the right to modify the prices of the Products offered on the Site at any time and without notice. The Products are invoiced on the basis of the prices displayed on the Site at the time of placing the order, subject to the availability of the Products ordered at this time.
4.2 - Terms of Payment
All orders are payable in Euros and must be paid immediately upon placing the order.
Payment for purchases is made via the secure payment platform "Stripe". The page on which the Customer enters his payment data (card number, expiration date and visual cryptogram) is secure. At no time is the Customer's banking data collected on the computer system of Henri Matisse SAS.
Henri Matisse SAS reserves the right to refuse the transactions for which the banking partners have indicated a possible attempted fraud.
The Customer acknowledges that the communication of the number of his card bank to Henri Matisse SAS amounts to authorisation to debit the price of Products ordered from his Account.
The price due by the Customer is the amount indicated on the summary page before payment as well as on the order confirmation e-mail. Whatever the case, the amount debited will correspond to the Product(s) actually delivered.
The Customer will be able to pay for his order by : bank card (credit card, Visa, Eurocard/Mastercard, American Express), payment in three times without fees (with Alma, for orders between 250€ and 3000€), and Paypal.
5 - Delivery
Deliveries are made according to availability and in the order of arrival of the Orders.
Deliveries are made according to the country of delivery, by Chronopost / UPS or Colissimo. Deliveries of furniture pieces are made by other contractors, according to the country and mean of delivery (curbside or at level floor).
Delivery means the transfer to the Customer of physical possession of the products, at the delivery address indicated by the Customer during the ordering process.
For the reasons especially of security, Henri Matisse SAS will not process any order whose delivery is addressed to a post office box.
5.1 - Delivery and withdrawal area
The Maison Matisse Products purchased on the Site can only be delivered on the territory of the following countries: : The European Union (France, Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Lithuania, Latvia, Luxembourg, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia and Sweden), United Kingdom, Andorra, Norway, Switzerland, San Marino, Lichtenstein, United States, Canada, Mexico, Puerto Rico, Brazil, Russia, New Zealand, Australia and South Africa.
If the Customer wishes to have the Maison Matisse Products delivered to another country, he is asked to contact the customer service at the following email@example.com.
5.2 - Delivery costs
The delivery costs are calculated according to the geographical area of delivery. These costs are confirmed to the Customer prior to the validation stage of his order.
Certain larger products, such as furniture, are subject to delivery charges on estimate, due to their weight and/or size. This information is indicated directly on the product sheet and the overview of your cart before confirming the order. Payment for shipping fees must be made to customer service in order to ship the Order.
In the event of doubt, the Customer is invited to contact customer service at the following address: firstname.lastname@example.org.
5.3 - Delivery times
The orders are prepared within a period of 1 (one) to 3 (three) business days. They are then handled by Chronopost or UPS and the delivery is made to destination within about 48 hours in general. These times are those to be considered from the full payment of the price corresponding to the consideration by Henri Matisse SAS, if the latter has all the elements to honour the order.
Certain products or certain order volumes can, nevertheless, justify a longer delivery time. This will be expressly brought to the attention of the Customer at the validation of the order.
For these Products (which need to be manufactured or may be personalized), the estimated delivery time will be indicated on the Product sheet and the overview of your cart before submitting payment. The Customer will be informed of the final delivery date once the products have arrived at our warehouse.
Henri Matisse SAS cannot be held liable for the harmful consequences resulting from a delay in delivery, with only the reimbursement of the Product by Henri Matisse SAS being possible to the exclusion of any other form of compensation. In case of inability to make the delivery, due to a mistaken delivery address, no forwarding can be made and the Customer will be refunded within a period of fifteen (15) days from the receipt of the Order by Henri Matisse SAS.
5.4 - Click and collect
Maison Matisse offers the customer the possibility to pick up their order free of charge by "click and collect" in the official boutique at 38 rue du bac, 75007, Paris, FRANCE. Click and collect is ONLY possible for products in stock, not for products made to order (sofas, coffee tables, armchairs, rugs). Once the order is validated, Maison Matisse will prepare the order which can be picked up by the customer: - 24 hours later, for all orders placed on Tuesday, Wednesday, Thursday and Friday - from the following Tuesday, for orders placed on Saturday, Sunday and Monday. The customer will be notified by email when his order can be picked up, ONLY upon presentation of the order confirmation or invoice, and an ID.
5.5 - Verification of the delivery by the Customer
The Customer undertakes to verify the conformity of the Product with his order at the time of the delivery. Any delivery error of compared with the order or apparent defect must be the subject of a complaint within a period of 7 (seven) clear days from the delivery. Beyond this period, the Product will be considered as accepted by the Customer, who will no longer be able to claim delivery error or apparent defect.
5.6 - Damage and partial losses
Pursuant to Article L 133-3 of the Commercial Code, the acceptance of the items shipped extinguishes any action against the carrier for damage or partial loss if, within three (3) days, excluding public holidays, following this acceptance, the recipient has not notified the carrier of his reasoned complaint by registered letter.
Complaints relating to the shipping of the Products must therefore be shown on the shipping document, then confirmed to the carrier and to Henri Matisse SAS by registered letter with request for acknowledgement of receipt within three days, excluding public holidays, from receipt of the Products, under penalty of forfeiture of the reservations and complaints.
The Customer is invited to send the registered letter with acknowledgement of receipt to the following address:
Henri Matisse SAS
132, boulevard du Montparnasse
6 - Returns and refunds
6.1 - The right of retraction - Returns for the deliveries within the European Union
The Customer whose delivery is made within the European Union, has a period of thirty (30) days from receipt of the Products ordered to exercise his right of retraction with Henri Matisse SAS, without having to justify his decision. The right of retraction is exercised without penalty.
Beyond this period of thirty (30) days, the sale is firm and final.
The right of retraction applies only to Orders delivered in countries of the European Union.
The exercising of the right of retraction is made exclusively by e-mail. The Customer must send an e-mail to the address email@example.com.
The procedure is as follows: the Customer contacts customer service at firstname.lastname@example.org, indicating his wish to assert his right of retraction. This request must be accompanied by the order number and that of the invoice relating to the order. Once the request for retraction has been validated by the customer service of Henri Matisse SAS, the Customer receives a prepaid return label. He will then be able to deposit his packages in one of the nearest UPS relay points: plus d'informations ici within thirty (30) days.
The Product must be returned, accompanied by the retraction form completed, in its complete original packaging, in its original condition, new, unused and not presenting any trace of wear and tear.
6.2 - The returns for request for reimbursement for orders outside the European Union
The Customer whose delivery is made outside the European Union has the possibility of returning, for a refund request, his order or part of his order made on www.maison-matisse.com within thirty (30) calendar days following the date of the delivery.
The procedure is as follows: the Customer contacts customer service at email@example.com,indicating his wish to return the Product. This request must be accompanied by the order number as well as the invoice associated with the order.
The Product must be returned in its complete original packaging, in its original condition, new, unused and show no signs of wear and tear, accompanied by the purchase invoice or a copy in the event of partial return.
Once the return request has been validated by Henri Matisse SAS customer service, the Customer has a period of thirty (30) days to return his Order or part of his Order.
For any order delivered outside the European Union, return costs are the responsibility of the Customer.
Returns are made to the following address: :
RAJ SERVICES - Service retour Maison Matisse
57 Rue Charles Delescluze. Lot 37
6.3 -Reimbursement of returned products (in the framework of the right of retraction and a request to return)
The reimbursement of the Order by Henri Matisse SAS is made at the latest within fifteen (15) business days from the date on which the Products that are the subject of the return are accepted and verified by Henri Matisse SAS.
Henri Matisse SAS makes the reimbursement by using the same means of payment as the one that has been used for the payment of the Order.
If and only if the latter has expired, Henri Matisse SAS will contact the Customer to make the reimbursement by a different means of payment to the extent that the reimbursement does not cause additional costs for Henri Matisse SAS.
The reimbursement of an order paid with a credit note will be automatically reimbursed with a credit note.
If the Customer does not comply with these General Terms and Conditions of Sale, Henri Matisse SAS cannot reimburse the Products concerned.
6.4 - Costs of Returns
The return of a Product, in the framework of the right of retraction for the Orders in the countries of the European Union, is offered using our system of prepaid return labels for the members of the European Union. Once the request for return is validated, the Customer will then be able to deposit his package in one of the closest UPS relay points: more information here, within thirty (30) days.
To obtain the return label, the Customer must contact the customer service at the following address firstname.lastname@example.org.
Pursuant to Article L221-24 of the Consumer Code, the additional costs paid by the Customer relating to the choice of a more expensive special delivery method than the standard delivery method proposed by Henri Matisse SAS will not be reimbursed to him.
For any order delivered outside of the European Union, the costs of return are at the expense of the Customer.
6.5 - Retraction and returns of Products on specific order
The Customer acknowledges having been informed and accepts that he does not have a right of retraction in accordance with Article L221-28 3° of the Consumer Code or a right of return for Products made according to Customer specifications or clearly personalised and/or indicated on the site as "Products on order", "Custom-made products".
In the event of doubt about the list of Products concerned by this clause, the Customer can contact customer service at : email@example.com.
7 - Ownership reservation clause
The Products ordered remain the property of Henri Matisse SAS until full collection of the price by Henri Matisse SAS. However, the customer assumes the risk (particularly of loss, of theft or of damage) concerning the Products delivered from the time when they are delivered to the address specified in the order.
8 - Warranty
All Maison Matisse Products benefit from the statutory warranties stipulated by Articles L217-4 to L217-14 of the Consumer Code as well as by Articles 1641 to 1648 of the Civil Code, provided that the use has been normal and that the maintenance advice has been followed.
8.1 - Statutory warranty of conformity
Henri Matisse SAS will deliver a Product to the Customer in conformity with the contract and free from defects of conformity when the said Product is delivered, in the sense that it will be suitable for the use normally expected of a similar good and that it will have the characteristics presented at the time of the sale.
Henri Matisse SAS is also liable for the lack of conformity resulting from the packaging, instructions for assembly or for installation when this is its responsibility under the contract or was carried out under its responsibility.
This warranty will only apply if the Customer requests it within two (2) years from the delivery of the good. Any lack of conformity that appears within twenty-four (24) months from the delivery is presumed to exist at the time of delivery, unless proven otherwise.
The Customer may then choose between repairing and replacing the Product unless one of these choices involves a manifestly disproportionate cost for Henri Matisse SAS. If the repairing or replacement of the Product is unavailable, the Customer may be reimbursed for the price paid and return the Product or keep the Product and be reimbursed part of the price. The rescission of the sale cannot, however, be declared if the defect is minor.
8.2 - Statutory warranty against hidden defects
Henri Matisse SAS will give the Customer a Product free from hidden defects which would make it unfit for the use for which it is intended, or which would so diminish its use that the Customer would not have acquired it, or would only have paid a lower price for it, if he had known them.
This warranty only applies if the Customer requests it within two (2) years from the discovery of the defect.
The Customer will have the choice of returning the Product and being reimbursed for the price or keeping the Product and being reimbursed for part of the price.
9 - Commercial offers and communications
Henri Matisse SAS can send commercial information to Customers by post, e-mail, sms, telephone or via all of the internet spaces run by Henri Matisse SAS including social networks, subject to prior acceptance.
The Customer has the right at any time of opposing, free of charge, the sending of commercial offers to him by clicking on the "unsubscribe" link in each e-mail or by sending an e-mail to the following address firstname.lastname@example.org.
10 - Intellectual property law
Henri Matisse SAS is the exclusive owner of the elements of the Site (structure, images, texts and any other component). Free access to the Site does not confer to the Customer, in any way, shape or form whatsoever, the right to use, reproduce, represent, adapt or exploit any of the elements of the Site.
Any intellectual property right relating to any product or element whatsoever of Henri Matisse SAS, such as trademarks, images, models, logotypes, photographs, illustrations, etc., whether or not registered, are and remain the exclusive property of Henri Matisse SAS. Any use and/or representation and/or reproduction and/or adaptation and/or exploitation, partial or total, of these products or elements, for any reason and on any medium whatsoever, is thus strictly forbidden.
Henri Matisse SAS will endeavour to ensure the accuracy and updating of the information displayed on this Site, the content of which it reserves the right to correct at any time and without notice. Henri Matisse SAS cannot be held liable for errors or omissions in the data displayed. It is the responsibility of the visitor to the Site to verify the information by other means, including by contacting Henri Matisse SAS.
For any request for information, Henri Matisse SAS customer service can be contacted by e-mail at the following email@example.com.
11 - Force majeure
Henri Matisse SAS cannot be held liable in any event for any damage which does not result from a breach by Henri Matisse SAS of one of its obligations.
Henri Matisse SAS cannot be held liable for the total or partial breach of the obligations relating to the Orders in the event of a fortuitous event or force majeure, in particular in the event of war, strike, mobilisation, epidemic, fire in its premises or in those of its suppliers, flooding, tooling or equipment accident resulting in total or partial unemployment.
12 - Disputes - Governing law
These General Terms and Conditions of Sale are governed by French law, except in the event of binding provisions to the contrary.
In the event of a dispute arising during the Order or the delivery of the Products, the Customer will have the possibility, before any judicial action, of seeking an amicable solution with Henri Matisse SAS and using mediation.
In the absence of an amicable solution or mediation, all disputes to which the General Terms and Conditions of Sale could give rise will be submitted to the competent court pursuant to the rules stipulated by the Code of Civil Procedure and the Consumer Code.
13 - General Sales Conditions for Professionals
Customer: refers to the co-contractor of Maison Matisse, who guarantees to have the quality of a professional as defined by French law and jurisprudence. As such, it is expressly provided that the Customer acts in the context of his usual professional or commercial activity. In particular, natural or legal persons, private or public, who are acting for purposes within the scope of their commercial, industrial, craft, liberal or agricultural activity, including when they are acting in the name of or on behalf of another professional (such as institutions and public authorities, persons exercising a liberal professional activity, merchants and craftsmen, associations and works councils, without this list being restrictive) are considered as Professionals.
13.1 - Purpose
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") govern all sales made by Maison Matisse to professional Customers and for the Products offered on the Site on the day the order is placed.
The Customer acknowledges and accepts that these GTCs govern any order for one or more Products placed by the Customer on the Site. Any order placed on the Site implies the unreserved acceptance of these GTC and the waiver of any general conditions of purchase of the Customer, which the Customer expressly accepts. No deviation from these provisions will be accepted unless it has been expressly accepted by Maison Matisse in the form of a signed amendment.
Unless otherwise agreed in writing by both parties, the terms and conditions applicable to the sale of Products between Maison Matisse and the Customer are those appearing on the site on the date the Customer places the order (whether this order concerns one or several Products).
The Customer agrees to read these Terms and Conditions carefully.
13.1 - Order
For any order of Products made on the Site, the customer must imperatively inform the coordinates allowing the treatment of its order (invoicing, delivery), in particular:
The name of the company and its SIRET number
His name and first name
His postal address, billing address and email address
Its intra-community VAT number
And all other documents necessary to process orders;
The Customer undertakes to update this information as soon as a change occurs in the information transmitted, in particular its contact details.