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These general terms and conditions of sale apply to all sales concluded on the Matcha Matcha website. The website https://matchamatcha.fr is a service of:
The company Skeyl
SIRET: 98066298500012
located at 6 rue d'Armaillé 75017 Paris, France website URL address: https://matchamatcha.fr
e-mail: contact@matchamatcha.fr
The Matcha Matcha website sells the following new products: Matcha and accessories for its use.
The customer declares having read and accepted the general terms and conditions of sale prior to placing their order. Order validation therefore constitutes acceptance of the general terms and conditions of sale.
These general terms and conditions express the entirety of the parties' obligations. As such, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to in-store sales or through other distribution and marketing channels.
They are accessible on the Matcha Matcha website and shall prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are posted online.
If any condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector in which the companies have their registered office in France.
These general terms and conditions of sale are valid for the lifetime of the matchamatcha.fr website.
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website Matcha Matcha.
These terms concern only purchases made on the Matcha Matcha website and delivered exclusively in mainland France or Corsica. For any delivery to the French overseas territories or abroad, please send a message to the following email address: contact@matchamatcha.fr.
These purchases concern the following products: Matcha and tools for its use.
The buyer acknowledges having received, prior to placing their order and to the conclusion of the contract, in a legible and understandable manner, these general terms and conditions of sale and all information listed in Article L. 221-5 of the Consumer Code.
The following information is provided to the buyer in a clear and understandable manner: - the essential characteristics of the good;
- the price of the good and/or the method of calculating the price;
- where applicable, all additional transport, delivery or postage costs and any other potential fees payable;
- in the absence of immediate performance of the contract, the date or time limit by which the seller undertakes to deliver the good, regardless of its price;
- information relating to the seller's identity, postal, telephone and electronic contact details, and activities, those relating to legal warranties, the functionalities of digital content and, where applicable, its interoperability, and the existence and terms of implementation of warranties and other contractual conditions.
The buyer has the option of placing their order online, from the online catalog and using the form shown there, for any product, within the limits of available stock.
The buyer will be informed of any unavailability of the ordered product or good.
For the order to be validated, the buyer must accept these general terms and conditions by clicking where indicated. They must also choose the address and delivery method, and finally validate the payment method.
The sale will be considered final:
- after the seller sends the buyer, by email, confirmation of acceptance of the order;
- and after the seller has received payment of the full price.
Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will arise within the framework of a possible exchange and the warranties mentioned below.
In certain cases, notably non-payment, incorrect address or another issue with the buyer's account, the seller reserves the right to block the buyer's order until the issue is resolved. send an email to the seller at the following email address: contact@matchamatcha.fr.
Providing the buyer's bank card number online and final validation of the order will constitute proof of the buyer's agreement:
- the enforceability of sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is discovered, to contact the seller at the following telephone number: __________.
The seller provides the buyer with an order confirmation by email.
Computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.
The products governed by these general terms and conditions are those appearing on the seller's website and indicated as sold by the seller. They are offered within the limits of available stock.
The products are described and presented as accurately as possible. However, if errors or omissions may have occurred in this presentation, the seller's liability cannot be engaged.
Product photographs are not contractual.
The seller reserves the right to change its prices at any time but undertakes to apply the rates in effect indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery costs, billed in addition, and indicated before order validation. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of products in the online store.
If one or more taxes or contributions, notably environmental, were to be created or modified, upward or downward, this change may be reflected in the sale price of products.
This is an order with an obligation to pay, which means that placing the order implies payment by the buyer.
To pay for their order, the buyer has, at their choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that they have any necessary authorizations to use the payment method chosen by them when validating the purchase order. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by bank card by officially accredited organizations or in the event of non-payment. The seller reserves in particular the right to refuse to make a delivery or honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.
Payment of the price is made in full on the day of the order, according to the following terms:
- bank card
- paypal
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the site's home page, shipping times will, within the limits of available stock, be those indicated below. Shipping times run from the date the order is recorded as indicated in the order confirmation email.
For deliveries in mainland France and Corsica, the time is between 4 and 18 days from the day following the day on which the buyer placed their order, according to the following terms: By post. At the latest, the time limit will be 30 business days after the conclusion of the contract.
For deliveries to the French overseas territories or another country, delivery terms will be specified to the buyer on a case-by-case basis.
In the event of failure to meet the agreed delivery date or time limit, the buyer must, before terminating the contract, instruct the seller to perform it within a reasonable additional time period.
Failing performance by the expiry of this new time period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by a writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing them of this termination, unless the professional has performed in the meantime.
The buyer may however terminate the contract immediately if the dates or time limits seen above constitute an essential condition of the contract for them.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either reimbursement of the sums paid within 14 days at the latest from their payment, or exchange of the product.
Delivery means the transfer to the consumer of physical possession or control of the good. The ordered products are delivered to the buyer by the seller's supplier according to the terms and time limits specified above.
The products are delivered to the address indicated by the buyer on the purchase order; the buyer must therefore ensure its accuracy. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be re-shipped at the buyer's expense. The buyer may, at their request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the purchase order.
If the buyer is absent on the day of delivery, the carrier will leave a delivery notice in the mailbox, which will allow the parcel to be collected at the place and within the time indicated.
If at the time of delivery the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged).
The buyer must indicate on the delivery slip, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged parcels, broken products...).
This verification is considered carried out as soon as the buyer, or a person authorized by them, has signed the delivery slip.
The buyer must then confirm these reservations to the carrier by registered mail no later than two business days following receipt of the item(s) and send a copy of this letter by fax or ordinary mail to the seller at the address indicated in the legal notice of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days following delivery. Any claim made after this time will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).
The buyer must make to the seller, on the day of delivery or at the latest the first business day following delivery, any claim of delivery error and/or non-compliance of the products in nature or quality compared to the indications appearing on the purchase order. Any claim made beyond this time limit will be rejected.
The claim may be made, at the buyer's choice:
- by email to the following address: contact@matchamatcha.fr.
Any claim not made in accordance with the rules defined above and within the time limits will not be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by email to the buyer. An exchange of a product can only take place after the exchange number has been assigned. In the event of a delivery error or exchange, any product to be exchanged or reimbursed must be returned to the seller in its entirety and in its original packaging, by registered Colissimo, to the following address: 6 rue d'Armaillé, 75017 Paris. Return shipping costs are borne by the seller.
The seller guarantees the conformity of the good sold to the contract, enabling the buyer to make a claim under the legal warranty of conformity provided for in Articles L. 217-3 and following of the Consumer Code.
In the event of implementation of the legal warranty of conformity, it is recalled that:
- the buyer benefits from a period of 2 years from delivery of the good to act;
- the buyer may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
- the buyer does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods (12 months in the case of second-hand goods), following delivery of the good.
In accordance with Articles 1641 and following of the Civil Code, the seller guarantees hidden defects that may affect the good sold. It will be up to the buyer to prove that the defects existed at the time of sale of the good and are such as to render the good unfit for the use for which it is intended. This warranty must be implemented within two years from discovery of the defect.
The buyer may choose between rescission of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or a refund without penalty, except for return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions...) allowing resale in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal may be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the wish to withdraw.
In the event the right of withdrawal is exercised within the aforementioned period, the price of the purchased product(s) is reimbursed and delivery costs are reimbursed.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be carried out within 48 hours, and at the latest within 14 days from receipt by the seller of the products returned by the buyer under the conditions provided above.
Exceptions
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- for the supply of goods made to the consumer's specifications or clearly personalized;
- for the supply of goods likely to deteriorate or expire rapidly;
- for the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
- for the supply of goods that, after having been delivered and by their nature, are mixed in an inseparable manner with other items;
- for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limits of spare parts and work strictly necessary to respond to the emergency;
- for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- for the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- for the supply of digital content not supplied on a tangible medium whose performance has begun after the consumer's prior express agreement and express waiver of their right of withdrawal.
Any circumstances beyond the control of the parties preventing performance under normal conditions of their obligations are considered as causes of exemption from the parties' obligations and result in their suspension.
The party invoking the circumstances referred to above must immediately inform the other party of their occurrence, as well as of their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and that cannot be prevented by them, despite all reasonably possible efforts, will be considered as cases of force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, breakdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will confer to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts more than three months, these general terms and conditions may be terminated by the injured party.
The content of the website remains the property of the seller, the sole holder of intellectual property rights in this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement offense.
The personal data provided by the buyer is necessary for processing their order and issuing invoices.
It may be communicated to the seller's partners responsible for executing, processing, managing and paying for orders.
The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning them. This right may be exercised under the conditions and according to the procedures defined on the Matcha Matcha website.
If one or more provisions of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other provisions will retain all their force and scope.
The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general terms and conditions cannot be interpreted for the future as a waiver of the obligation in question.
In the event of a difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared nonexistent.
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The mediator's name, contact details and email address are available on our website.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate. ec.europa.eu/odr/.
These general terms and conditions are subject to French law. The competent court is the judicial court.
This applies both to substantive rules and procedural rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution.
Data collected
The personal data collected on this site is as follows:
- account opening: when creating the user's account, their last name; first name; email address; telephone no.; postal address;
- login: when the user logs in to the website, it records, in particular, their last name, first name, login data, usage data, location data and their payment data;
- profile: use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number;
- payment: as part of payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, data relating to the user's communications is subject to temporary retention;
- cookies: cookies are used as part of use of the site. The user has the option to disable cookies in their browser settings.
The personal data collected from users is intended to make the website's services available, improve them and maintain a secure environment. More specifically, uses are as follows:
- access to and use of the website by the user;
- management of the website's operation and optimization;
- organization of the terms of use of Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other website users;
- implementation of user assistance;
- customization of services by displaying advertising based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, for implementation of these services, the website is in relationship with third-party banking and financial companies with which it has entered into contracts;
- when the user posts, in the website's free comment areas, information accessible to the public; - when the user authorizes a third-party website to access their data;
- when the website uses service providers to provide user assistance, advertising and payment services. These providers have limited access to the user's data within the framework of performing these services and have a contractual obligation to use them in compliance with the provisions of the applicable regulations on the protection of personal data;
- if the law requires it, the website may transmit data to respond to claims brought against the website and comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, asset sale or insolvency proceedings, it may be required to transfer or share all or part of its assets, including personal data. In such a case, users would be informed before personal data is transferred to a third party.
By consenting to Skeyl SAS’s SMS marketing at checkout, initiating a purchase, or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned cart reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal Do Not Call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from text marketing messages and notifications, reply STOP to any mobile message sent from us or use the unsubscribe link we provided in one of our messages. You understand and agree that other methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all messaging fees and costs imposed by your mobile carrier. Message and data rates may apply.
For any questions, please text HELP to the number from which you received the messages. You can also contact us at contact@matchamatcha.fr for more information.
We reserve the right to change at any time any telephone number or short code we use to operate the service. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be responsible for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or the Service.
Your right to privacy is important to us. You can consult our Privacy Policy to learn how we collect and use your personal information.
The website implements organizational, technical, software and physical measures regarding digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of transmission or storage of information on the internet.
In application of the regulations applicable to personal data, users have the following rights, which they may exercise by sending their request to the following address: contact@matchamatcha.fr.
the right of access: they may exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
the right to rectification: if the personal data held by the website is inaccurate, they may request the information be updated.
the right to erasure: users may request the deletion of their personal data, in accordance with applicable data protection laws.
the right to restriction of processing: users may request that the website limit the processing of personal data in accordance with the cases provided for by the GDPR.
the right to object to processing: users may object to their data being processed in accordance with the cases provided for by the GDPR.
the right to portability: they may request that the website provide them with the personal data they have supplied in order to transmit it to a new website.
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.
(to be completed by the consumer,
and sent by registered letter with acknowledgment of receipt,
within a maximum period of 14 days following the date of conclusion of the service contract)
Withdrawal form
For the attention of:
Skeyl
located at: 6 rue d'Armaillé, 75017 Paris
email address: contact@matchamatcha.fr
I hereby notify you of my withdrawal from the contract relating to ....................., ordered on: ......... Consumer's first and last name: .................
Consumer's address: ................. Date: ..................
Consumer's signature
