Terms and Conditions of Sale (TCS)

ARTICLE 1 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Customers or the Customer”) wishing to purchase the products offered for sale (“the Products”) by the Seller on the website https://www.mathisleroux.com. The Products offered for sale on the website are as follows:
Original wooden works of art, limited edition handmade portraits.

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website https://www.mathisleroux.com, which the customer is required to read before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These GTC are accessible at any time on the website https://www.mathisleroux.com and shall prevail over any other document.

The Customer declares that they have read and accepted these Terms and Conditions by checking the box provided for this purpose when confirming the online order form on the website https://www.mathisleroux.com, prior to any invoicing or payment. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:
Mathis Leroux
84 rue Charentais Truyes
Siret: 99276806900013
Email: contact@mathisleroux.com
Phone: 06 47 73 09 27

Intra-Community VAT number: FR 20992768069

The Products presented on the website https://www.mathisleroux.com are offered for sale in the following territories: all countries upon request.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated excluding taxes on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. These will be the sole responsibility of the Customer.

ARTICLE 2 – PRICE

The Products are supplied at the prices listed on the website https://www.mathisleroux.com at the time the order is registered by the Seller.
Prices are quoted in Euros, excluding VAT and including VAT.
The prices take into account any discounts that may be granted by the Seller on the website.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport, and delivery costs, which are invoiced as extras, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 – ORDERS

It is the Customer’s responsibility to select the Products they wish to order on the website https://www.mathisleroux.com, in accordance with the following terms and conditions:
The customer fills in the form for the chosen work and provides their details. They are then contacted by email with an invoice including the final price (work + tax + delivery costs). The customer then has the choice of whether or not to approve the invoice and proceed to payment via a secure link.
Product offers are valid as long as they are visible on the website, while stocks last.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the website constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous order.

ARTICLE 4 – PAYMENT TERMS

The price is payable via secure payment, according to the following methods: Payment by credit card via a secure payment link or by bank transfer, after acceptance of the quote by the Client. The price is payable in full by the Client at the time of final payment, i.e., after receipt of the final invoice sent by the Seller and acceptance by the Client. Payments made by the Client will only be considered final after the Seller has effectively received the amounts due. The Seller will not be obligated to deliver the Products ordered by the Client if the Client does not pay the full price under the conditions indicated above.

ARTICLE 5 – DELIVERIES

Les Produits commandés par le Client seront livrés en France métropolitaine ou dans d’autres pays sur demande. Les livraisons interviennent dans un délai estimatif de 15 jours ouvrés pour la France métropolitaine à compter de la validation de la commande et de la réception du paiement. Pour les livraisons internationales, le délai de livraison est estimé entre 15 et 25 jours ouvrés, selon la destination et les conditions de transport. La livraison est constituée par le transfert au Client de la possession physique ou du contrôle du Produit. Sauf cas particulier ou indisponibilité d’un ou plusieurs Produits, les Produits commandés seront livrés en une seule fois. Le Vendeur s’engage à faire ses meilleurs efforts pour livrer les Produits commandés par le Client dans les délais ci-dessus précisés. Si les Produits commandés n’ont pas été livrés dans un délai de 10 (dix) jours après la date indicative de livraison, pour toute autre cause que la force majeure ou le fait du Client, la vente pourra être résolue à la demande écrite du Client dans les conditions prévues aux articles L216-2, L216-3 et L241-4 du Code de la consommation. Les sommes versées par le Client lui seront alors restituées au plus tard dans les quatorze (14) jours qui suivent la date de dénonciation du contrat, à l’exclusion de toute indemnisation ou retenue.

Deliveries are made by an independent carrier to the address specified by the Customer when placing the order and to which the carrier has easy access.
When the Customer has taken it upon themselves to use a carrier of their choice, delivery is deemed to have been made as soon as the Products ordered by the Seller have been handed over to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and that they have no recourse against the Seller in the event of non-delivery of the goods transported.
In the event of a specific request by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. The Customer has a period of 14 (fourteen) days from delivery to make any complaints by email, accompanied by all relevant supporting documents (including photos). After this period, and if these formalities have not been complied with, the Products shall be deemed to be in conformity and free from any apparent defects, and no complaint shall be validly accepted by the Seller.

The Seller shall refund or replace, as soon as possible and at its own expense, any Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of risks of loss and damage relating to the Products shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk, except where the Customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 – TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Customer shall only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 – RIGHT OF WITHDRAWAL

Given the nature of the Products sold (works produced on demand and in limited editions), orders placed by the Customer are not subject to the right of withdrawal in accordance with Article L221-28 of the Consumer Code.

ARTICLE 8 – SELLER’S LIABILITY – WARRANTIES

The Products supplied by the Seller are covered by :
– the legal warranty of conformity, for Products that are defective, damaged, or do not correspond to the order,
– the legal warranty against hidden defects resulting from a defect in material, design, or manufacture affecting the Products delivered and rendering them unfit for use.

In order to assert their rights, the Customer must inform the Seller in writing (by email or post) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller shall refund, replace, or repair the Products or parts under warranty that are deemed non-compliant or defective.
Shipping costs shall be refunded on the basis of the invoiced rate, and return costs shall be refunded upon presentation of supporting documents.
Refunds, replacements, or repairs of Products deemed non-compliant or defective will be made as soon as possible and no later than fourteen (14) days after the Seller has identified the non-compliance or hidden defect. This refund may be made by bank transfer or check.
The Seller shall not be held liable in the following cases:

– non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to verify,
– in the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident, or force majeure.
– The photographs and graphics presented on the website are not contractual and do not engage the Seller’s responsibility.
The Seller’s warranty is, in any event, limited to the replacement or refund of Products that are non-compliant or affected by a defect.

ARTICLE 9 – INTELLECTUAL PROPERTY

All elements appearing on the website https://www.mathisleroux.com are and remain the exclusive property of Mathis Leroux.
All works, creations, photographs, texts, illustrations, logos, videos, and graphic elements are protected by the provisions of the Intellectual Property Code and applicable international conventions.
Any reproduction, representation, modification, adaptation, publication, transmission, or distortion, in whole or in part, of the website or its content, by any means whatsoever and on any medium whatsoever, is strictly prohibited without the prior written authorization of the artist.
The purchase of a work does not entail any transfer of copyright; only the physical ownership of the work is transferred to the buyer.
Any unauthorized use of the site or its content engages the responsibility of its author and may result in legal proceedings.

ARTICLE 10 – DONNÉES PERSONNELLES

The Seller collects and stores personal data necessary for managing orders, payments, and deliveries. This information may be communicated to the carrier responsible for delivery.
In accordance with the General Data Protection Regulation (GDPR) and the amended French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify, oppose, erase, and transfer their data. They may exercise this right at any time by sending an email to the address provided by the Seller or by sending a request by post.
Personal data is kept for a maximum period of 3 years from the last contact with the customer or the last purchase, and is then deleted, unless it needs to be kept for legal or accounting purposes.

ARTICLE 11 – FORCE MAJEURE

The Seller shall not be held liable for any breach of its contractual obligations resulting from a case of force majeure as defined by Article 1218 of the Civil Code and French case law.
Force majeure events include, but are not limited to: natural disasters, fires, floods, total or partial strikes, transport disruptions, wars, requisitions, epidemics/pandemics, government decisions, or any other event beyond the Seller’s control.
In the event of such an event, the Seller shall inform the Customer as soon as possible; the order may be suspended or canceled without compensation.

ARTICLE 12 – MEDIATION AND DISPUTE RESOLUTION

Before taking any legal action, the Customer is invited to contact the Seller in order to seek an amicable solution. If no amicable agreement can be reached within a reasonable period of time, the Customer may refer the matter to the competent consumer mediator free of charge.
The mediator may be, for example, the Mediation and Amicable Settlement Center, or any other approved mediator. The exact contact details of the chosen mediator will be provided on request to the Seller’s address.
In the absence of an amicable agreement, any dispute relating to the interpretation, execution, or validity of these GTC shall be subject to the exclusive jurisdiction of the competent French courts.

ARTICLE 13 – APPLICABLE LAW

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law. They are written in French. In the event of translation, only the French version shall be deemed authentic.

ARTICLE 14 – CUSTOMER ACCEPTANCE

By placing an order on the website https://www.mathisleroux.com, the Customer fully and unreservedly agrees to and accepts these General Terms and Conditions of Sale. The Customer acknowledges having read and accepted these GTCS before placing their order.