1.    GENERAL REMARKS AND DEFINITIONS

1.1 The following General Conditions of Sale of Products govern the sale of ORSOL, NOVIROC and BRIKELIA products on the website www.matiera.com (hereinafter also referred to as the " Website " or simply the " Site ").

1.2 The owner of the Website is the company MATIERA (hereinafter also referred to as the "Seller"), VAT number and tax identification code: FR 55 820 613 289, whose registered office is at 100 chemin de Landesque , 47330 ST QUENTIN-DU-DROPT, France, with a share capital of 5,400,000.00 euros, fully paid, registered in the trade and companies register of Agen under number 820 613 289. Tel.: +33 (0)5 53 36 38 88 e-mail : export@orsol.fr

1.3 By placing an Order, the Customer automatically declares that they have read all the information provided during the purchase procedure and fully accept the General Conditions of Sale and Payment indicated below (even if the Orders were placed by telephone or by e-mail ). Therefore, we recommend that you read these General Conditions of Sale carefully before making any purchase.

1.4 Furthermore, please note that the General Terms and Conditions of Sale are subject to change. Therefore, we recommend that you check them and save or print a copy before making any purchase . If applicable, the changes are binding from the time they are published online and are not applicable to contracts concluded prior to said publication.

1.5 Sales made on the site are regulated by the French consumer code.

1.6 In these General Conditions of Sale, the following terms and expressions have the meanings attributed to them below :

a) "Customer " : the person who purchases the products from the site; the customer may be a natural person who places an order not relating to his or her commercial or liberal professional activity or a natural or legal person who places an order, acting within the framework of and on behalf of his or her commercial or liberal professional activity.

b) “General Conditions of Sale ” : the conditions which govern the sale and purchase of products through the site;

c) “Contract ” : the agreement concluded between the Seller and the Customer relating to the products present on the site;

d) "Legal guarantee of conformity ": provided for by articles L.211-4, L.211-5, L.211-12 of the Consumer Code and articles 1641 and 1648 paragraph 1 of the Civil Code. ( details article 11 of these general conditions of sale)

e) “Product or Products ”: refers to all products sold through the Site;

f) “Order ”: the written formalization by which the Customer communicates to the Seller the intention to purchase the product present on the Site;

g) “Website ”: the site;

h) “Seller ” : the company MATIERA SASU

2.    AVAILABILITY OF SERVICE

The products for sale on the site are only available and deliverable in the countries listed (Belgium, Luxembourg, Germany, Switzerland, Italy and Spain).

For specific deliveries, you should contact our customer service directly to discuss delivery options and costs.

3.    FORMATION OF THE CONTRACT

3.1 You can place your orders online via the Website.

Any order placed by the customer on the site implies acceptance without restriction or reservation of all the general conditions of sale.

3.2            The site will confirm the registration of the order to the buyer at the email address provided by the buyer and will direct the buyer to their personal space where the contractual elements of the sale are summarized. The Contract between the Seller and the Customer is considered to be concluded and to produce its effects only upon acceptance of the order (or the Order in "In preparation" status) by the Seller , who reserves the right, at its final judgment, to accept or not the Order after verifying the availability of the product subject to the Offer under the conditions indicated in the latter.

3.3            In the event of non-acceptance, the Seller will notify the Customer in a timely manner by sending an e-mail to the e-mail address provided by the Customer or by telephone, stating the reasons. In this case, the amount debited will be fully refunded to the Customer within a maximum of 30 days from receipt of payment, a period depending on the payment partners.

3.4            Order processing

Orders are processed in the order in which they are actually received and upon validation of payment.

Deliveries are made only according to availability and in the order in which orders are received and will be made in aggregate. In the event that the Product is no longer available and/or has a longer delivery time than that indicated at the time of ordering, the Seller will ensure that the Customer is notified in good time, by email or telephone.

In this case, the Client may choose between: 

a) cancel the Order and be reimbursed for any amount already paid;

b) wait for the new availability date of the product(s) .

In the event that the Customer chooses the solution provided for in letter a), the reimbursement of any amount already paid will be made as soon as possible, and in any case, at the latest within thirty (30) days from the date of receipt of the reimbursement request notification, a period depending on the payment partners.

3.4 The Customer shall ensure that they print these Conditions of Sale or save an electronic copy (and in any case keep them) once the online purchase procedure has been completed.

3.5 The customer who wishes to purchase a product on the site must:

- Complete the identification form with all the necessary contact details

- Validate your order

- Make payment under the conditions provided.

The Customer must check all the information entered during his Order (Product ordered, delivery address, billing address, telephone contact details, etc.). This information appears on the Order confirmation email . If, after validation of his Order, the Customer realizes the need to modify certain information, he can do so by contacting Customer Service as soon as possible so that the latter can best satisfy his request. Matiera, through its website, cannot be held responsible for any data entry errors or incomplete information by the Customer, nor for the consequences in terms of delays or delivery errors. Thus, if delivery cannot take place due to an input error by the Customer, the reshipping costs will be borne by the Customer. In this case, the Customer will refrain from any claim due to delivery times.

4.    PRICE

Prices are indicated at the time of the Order and are only valid for deliveries to the countries listed (Belgium, Luxembourg, Germany, Switzerland, Italy and Spain) (as described in article 2)

The prices of the Products sold on the Site are indicated in Euros including all taxes (VAT of the destination country) for individual customers, and in Euros excluding tax for professional customers whose accounts have been validated by MATIERA services. All prices displayed are exclusive of shipping costs and additional services and are valid as long as they are present on the product description sheet.

Matter reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the rate in effect at the time the order is placed.

 

5.    PAYMENT TERMS

 The customer has the choice of paying for their purchases online, using a bank card or by the electronic means offered on the site.

In certain cases, including non-payment, incorrect address or other problem with the user's account, Matiera reserves the right to block the Customer's order until the problem is resolved.

In all cases, the order will be shipped after full payment has been received . Matiera will issue an invoice for the purchased products which will be sent by email to the buyer.

 

6.    AVAILABILITY

The Product availability date is indicated at the time of order confirmation.

In the event of unavailability of the ordered Product, the Customer will be informed as soon as possible and will have the option to cancel their order. The Customer will then have the option of requesting a refund of the amounts already paid within thirty days of their payment at the latest, a time limit depending on the payment partners.

The delivery times indicated on the website are for informational purposes only. They do not constitute a contractual commitment on the part of the seller.

 

7.    DELIVERY

7.1 Delivery process

The Seller shall not be held liable for errors in delivery due to inaccuracies or incomplete information in the Customer's Order. Furthermore, the Seller shall not be held liable for any damage to the products after they have been handed over to the carrier responsible for their transport, nor for any delays in delivery attributable to the latter.

7.2 Delivery by Carrier

Packages are delivered by truck with tail lift and pallet trucks. ( approximate dimensions of the truck: Length: 12m x width 2.5m x height 4.10m).

Deliveries by Carrier are subject to an appointment arranged between the Carrier and the Customer. A half-day time slot is set. The delivery date is determined by the parties: the Carrier and the Customer.

Once the Carrier and the Customer have agreed on a meeting on a date and time slot, the Customer must be present on the date and throughout the entire time slot agreed.

In the event that the Customer cannot be present on the day of delivery, he must choose an authorized person who will receive the delivery and assume all responsibilities incumbent on the Customer.

In the event that the Customer is absent, the Carrier will not be able to make the delivery and any costs associated with organizing a new delivery will be borne by the Customer.

7.3 Receipt of goods

Unloading is the responsibility of the carrier under the conditions listed below. Matiera cannot be held responsible for any damage.

It is the Customer's responsibility to check that the delivery location is accessible by a heavy goods vehicle.

Delivery will be made at the foot of the truck on a hard, passable surface (e.g., concrete, tarmac, slabs, etc.). The goods will be unloaded on the street. Any request to deliver the goods upstairs or underground will be refused. Delivery cannot be made to a dead-end street unless the truck has the ability to turn around.

The Carrier is authorized to judge the accessibility of the premises and may refuse delivery if it considers that the accessibility to the premises does not comply with the chosen delivery method. In the event that the accessibility conditions of the delivery location chosen by the Customer do not allow the Carrier to deliver the Order via the main access to the home, delivery cannot take place but the delivery costs remain the responsibility of the Customer. These conditions may, for example, be: street too narrow, area prohibited to heavy goods vehicles, road not suitable for vehicles, etc.

In this case, an additional transport cost will be requested from the Customer to carry out this additional service.

The customer must then check the conformity of the Order delivered in the presence of the Carrier before signing the consignment note.

7.4 Procedure in the event of transport damage (missing or broken product, etc.):

Anomalies can be for example:

- Damaged product: breakage, shocks, etc.

- Product not conforming in nature (error in reference, color, etc.) or in quantity...

The Customer must indicate precise, significant and complete reservations on the carrier's consignment note (the reservations must relate to the goods and not to the apparent condition of the packages).

Within 3 working days of delivery, a registered letter with photos illustrating the damage must be sent to the carrier to confirm the reservations noted on the consignment note.

The goods must be kept available for the carrier to inspect.

Any claim made in the absence of reservations may be rejected without recourse for the Customer. The absence of claims, the failure to issue detailed reservations on the part of the Customer means that the Product delivered is deemed satisfactory and will not be subject to subsequent dispute.

Our shipping department takes care of the packaging of your order, but it may happen that it arrives damaged (torn, crushed, wet, etc.). In this case, you should not open it and refuse it. As soon as your package is returned, we will proceed with a new shipment, and this only applies to packages for which the carrier has issued a damage report.

7.5 Delivery time

Delivery times after handing over the goods to the carrier are on average 15 working days depending on the region and location.

If a package is not received on time, the Customer can contact Customer Service, which will determine the cause of the delay and communicate it to the Customer, making every effort to find a solution.

7.6 Delay in delivery

In accordance with articles L 114-1, R 114-1, 121-16 and L121-20-3 of the French Consumer Code, for any delivery of a Customer's order, if the delivery date announced in the order confirmation email sent by the Seller is exceeded by more than 7 working days, the Customer may cancel his order and request a refund.

A delay in delivery cannot give rise to any compensation, nor to the cancellation of the current order, nor to the reimbursement of the latter, if it is proven that the delay was caused by the actions of the Customer or the recipient of the package or a third party and in cases of force majeure such as those referred to in case law.

 

8.    SPECIAL PROVISIONS

8.1 The customer acknowledges and accepts that the sale of goods at a distance may involve a slightly different shade of color from that of the photos presented on the site. The photos on the site are not contractual.

Chromatic variations and shades of hues are inherent to the products sold. Similarly, samples are a presentation of one of the shades of the same shade and of a product and do not represent all the shades of a shade. Therefore, it is understood between the parties that variations in shades of a shade cannot be the subject of any claim on the part of the Customer.

8.2 Ordering samples – Refundable via the use of a promotional code
Matiera offers the sale of samples on its website allowing the buyer to validate the appearance of the products under the conditions set out in article 8.1. These samples are delivered within 4 to 10 working days.

Any customer who orders one or more samples will receive a promo code sent by email and then available in the customer area. This code is valid for 18 months and can be used on orders (excluding samples) with a minimum value of €100 including VAT.

• For the purchase of 1 sample, the code is worth €20
• For the purchase of 2 or more samples, the code is worth €30

The code is for single use only, but can be combined with other current promotional offers.

 

9.    RIGHT OF WITHDRAWAL

The buyer has a period of fourteen (14) clear days from the delivery of his order to return the goods to us, for exchange or refund, the cost of reshipping the goods being borne by the Customer. He will inform the site's customer service within a maximum of 14 clear days of his wish to exercise this right.

The withdrawal period only applies to unused, undamaged and unopened products; the withdrawal period does not apply to samples. The products must be returned to us complete in the original packaging, accompanied by the purchase invoice.

Samples are not subject to the right of withdrawal.

 

10. PRODUCT RETURN TERMS AND CONDITIONS

To exercise their right of return, the Customer must first contact Customer Service.

If the return falls within the withdrawal period, the Customer must choose their own Carrier and organize the return of the goods at their own expense to the address communicated to them by Matiera customer service. The Customer then benefits from a period of 20 days for Matiera to receive the Product(s). The risks associated with the return of the Product, within the framework of exercising the right of withdrawal, are the responsibility of the Customer. If the Product is lost by the Carrier during this shipment, the Customer is solely responsible and cannot be reimbursed by Matiera. The Customer will therefore be considered as the principal of the Carrier and must settle the dispute with the latter.

If the return is due to an error by Matiera or a non-conformity of the Product, in this case, the Customer must arrange the appointment with the Carrier chosen by Matiera for the organization of the return which will be the responsibility of Matiera. The risks associated with the return of the product will in this case be borne by Matiera.

The Customer must provide all justification concerning the anomalies noted and take all steps to enable the seller to note them.

CLAIMS ARE ONLY ADMITTED WITHIN 3 CALENDAR DAYS AFTER RECEIPT OF THE GOODS.

If the right of return is exercised in accordance with the conditions stipulated in these terms and conditions, the Customer will be offered either a credit note or a refund of the purchase amount, excluding the amount of shipping costs paid by the Customer. The only case in which the shipping costs for returning the Product will be refunded to the Customer is when the return is due to an error on the part of Matiera. If the Customer chooses a refund, Matiera will make every effort to refund the Customer as soon as possible.

Matiera reserves the right not to take back the goods to be replaced.

 

11. GUARANTEES

11.1 Legal guarantee

The Customer may, in any event, rely on the legal guarantee of conformity provided for by articles L.211-4, L.211-5, L.211-12 of the French Consumer Code and articles 1641 and 1648 paragraph 1 of the French Civil Code.

Article L.211-4 of the French Consumer Code : "The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility under the contract or has been carried out under his responsibility."

Article L.211-5 of the French Consumer Code : “To comply with the contract, the goods 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 the latter presented to the buyer in the form of a sample or model

• present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling

2 - Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L.211-12 of the French Consumer Code: “The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.”  

12. RESPONSIBILITIES

Matiera undertakes to describe the products sold on the Site as accurately as possible.

Likewise, Matiera cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.

 

13. PERSONAL DATA

13.1 Your personal information is required for processing and delivering orders, issuing invoices, and combating payment fraud. Collecting your personal data is therefore mandatory. This data is strictly confidential and is intended only for Matiera.

13.2 In accordance with the General Data Protection Regulation (GDPR) of April 27, 2016, personal data collected on the site is processed by MATIERA in compliance with current legislation.

Customers have the right to access, rectify, delete, limit, oppose and transfer their personal data. They can exercise these rights by contacting our Data Protection Officer (DPO) at the following address: dpo@orsol.fr or by post to the following address: ORSOL / Data Protection Officer, 100 chemin de Landesque , 47330 Quentin du Dropt FRANCE. MATIERA undertakes not to disclose personal information provided by customers to third parties, except where legally required or with the customer's prior consent.