Terms of sale
GENERAL TERMS AND CONDITIONS OF DISTANCE SALES: VIA THE INTERNET, BY TELEPHONE OR BY EMAIL
The company MAHAUT BARBIER ANTIQUES, a micro-enterprise registered with the Paris Trade and Companies Register under number 984 174 516, whose registered office is located at 49 rue Alexandre Dumas, 75011 Paris, and whose email address is infos@mahautbarbier-antiques.com, has chosen to formalize, within these General Terms and Conditions of Sale, the modalities and conditions for selling its Products to its Customers via its e-commerce website. These General Terms and Conditions of Sale also apply to sales concluded by MAHAUT BARBIER ANTIQUES with end consumers when such sales are carried out at a distance by email via the MAHAUT BARBIER ANTIQUES Customer Service.
Preamble
Mahaut Barbier Antiques buys and sells, in France and abroad, antiques, second-hand goods, as well as pre-owned Products, including in particular works of tableware art and silverware pieces.
Mahaut Barbier Antiques notably ensures the sale of the aforementioned Products through the Website https://www.mahautbarbier-antiques.com/. The list of Products offered for Online Sale by Mahaut Barbier Antiques can be consulted on this same Website.
The Customer and Mahaut Barbier Antiques agree that their relationship will be governed exclusively by these General Terms and Conditions of Sale, to the exclusion of any other conditions previously available on the Mahaut Barbier Antiques Website.
These General Terms and Conditions of Sale may be kept by electronic recording and/or reproduced by the Customer by printing them.
Mahaut Barbier Antiques reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Website. The applicable general terms and conditions of sale are those in force on the date the Order is validated.
Furthermore, the Website’s General Terms of Use and the Personal Data Protection Policy for Website users can be consulted by clicking on the following link.
Article 1. – Definitions
The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of interpreting and executing these terms:
“Item”: the Product(s) that are the subject of the Order;
“Order”: a request for Products made by the Customer to Mahaut Barbier Antiques;
“General Terms and Conditions of Sale”: the general terms and conditions of sale set out herein;
“Delivery Time”: the period between the date the Order is validated and the date the Order is delivered to the Customer;
“Delivery Fees”: the cost of fees incurred by Mahaut Barbier Antiques for packaging and shipping the Order to the delivery address indicated by the Customer;
“Delivery”: shipment of the Item to the Customer;
“Delivery Method”: any standard or express delivery method available on the Website at the time of the Order;
“Pre-order”: products offered for sale in advance and deliverable from a later date indicated for each product;
“Price”: the unit value of a Product; this value is understood in euros, all taxes included and excluding Delivery Fees;
“Sub-Total Price”: the total amount of the cumulative Prices of the Products that are the subject of the Order, excluding Delivery Fees; this amount is understood in euros, all taxes included;
“Total Price”: the Total Price to which Delivery Fees are added; this amount is understood in euros, all taxes included;
“Product”: any product offered for sale on the Website;
“Website”: the online sales website https://www.mahautbarbier-antiques.com/ used by Mahaut Barbier Antiques to market its Products;
“Territory”: has the meaning given to this term in Article 3;
“Order Validation”: has the meaning given to this term in Article 5;
“Online Sale”: marketing of Mahaut Barbier Antiques Products via the Website;
“Sale by email”: marketing of Products by email via the Mahaut Barbier Antiques Customer Service.
Any reference to the singular includes the plural and vice versa. Any reference to one gender includes the other gender.
Article 2. – Purpose
These General Terms and Conditions of Sale aim to define the rights and obligations of Mahaut Barbier Antiques and the Customer within the framework of the Online Sale of Products offered for sale by Mahaut Barbier Antiques to the Customer.
Article 3. – Scope of application
These General Terms and Conditions of Sale are reserved solely for consumers, as defined by law and case law, acting exclusively on their own behalf.
In accordance with Articles L. 111-1 et seq. of the French Consumer Code, the essential characteristics and prices of Products sold electronically are available on the Website.
Furthermore, the Customer receives the information provided for in Articles L. 221-8 and L. 221-11 of the French Consumer Code, prior to and after conclusion of the sale, in particular through these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale apply to all sales of Products by Mahaut Barbier Antiques carried out (i) through the Website or (ii) by Telephone or (iii) by email.
The Customer declares that they have read these General Terms and Conditions of Sale before validating the Order within the meaning of Article 5. Order Validation therefore constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale apply to Orders placed for delivery in mainland France, Corsica and Monaco (the “Territory”).
Article 4. – Effective date and duration
These General Terms and Conditions of Sale apply to the Customer and to Mahaut Barbier Antiques on the date the Order is validated as defined in Article 5.
These General Terms and Conditions of Sale apply for the period necessary to supply the Products, until the guarantees and obligations owed by Mahaut Barbier Antiques have expired.
Article 5. – Ordering Products and Services and steps for concluding the Online and Telephone Sale
5.1. On the Website:
To place an Order, the Customer must obligatorily follow these steps:
-
Enter the Website address or access the Website via a link;
-
Read the Mahaut Barbier Antiques Privacy Policy upon each connection to the Website;
-
Follow the Website instructions, in particular those necessary to open a customer account;
-
Fill in the Order form. In the event of prolonged inactivity while connected, it is possible that the selection of Products chosen by the Customer prior to this inactivity may no longer be guaranteed. The Customer is then invited to restart their selection of Products from the beginning;
-
Check the elements of the Order and, if applicable, identify and correct any errors;
-
Read the Mahaut Barbier Antiques General Terms and Conditions of Sale and print them, then validate the Order, the Sub-Total Price and the Total Price, and tick the box next to the message “I declare that I have read and fully accept the General Terms and Conditions of Sale” (the “Order Validation”);
-
Follow the instructions of the online payment server to pay the Total Price.
Except in the event of server unavailability, the Customer may pay for their Order after final validation of the latter on the Website.
The Customer also receives electronically and without delay an acknowledgement of receipt serving as confirmation of the Order (the “Order Confirmation”).
The Customer receives electronically confirmation of shipment of the Order.
5.2. By Telephone or by email via the Customer Service of our store operated by Mahaut Barbier Antiques:
To place an Order by telephone or by email via the Customer Service of a Mahaut Barbier Antiques store, the Customer will be asked to provide their identity, a delivery and billing address, an email address to validate the Order and its payment, and a mobile phone number for delivery tracking.
The Customer must also provide MAHAUT BARBIER ANTIQUES with the following information: the name and/or reference number of the requested product, the required quantity and, where applicable, the color, size, material, finish and any other identifying information required by MAHAUT BARBIER ANTIQUES.
MAHAUT BARBIER ANTIQUES will indicate whether the requested product is available and, if so, the purchase price of said product, the estimated delivery date and any delivery costs.
If the Customer chooses to proceed with the Order, MAHAUT BARBIER ANTIQUES will send them an email including a quote summarizing their Order, together with the General Terms and Conditions of Sale. To confirm their Order and proceed with payment, the Customer will send Mahaut Barbier Antiques a return email expressly stating their acceptance of the quote issued by Mahaut Barbier Antiques and of the General Terms and Conditions of Sale. Mahaut Barbier Antiques will then contact the Customer by telephone or email to proceed with remote payment via a secure payment platform accessible through a “pay by link” link that will be sent to the Customer by email.
The payment methods accepted for Orders by telephone or by email are detailed in Article 7 “Payment Terms” of these General Terms and Conditions of Sale.
Mahaut Barbier Antiques reserves the right to refuse to take an Order by email or by telephone.
5.3. Common provisions:
Delivery will take place at the delivery address indicated by the Customer when placing the Order.
When carrying out the various steps of the Order mentioned above, the Customer undertakes to comply with these General Terms and Conditions of Sale.
In accordance with Article L. 121-11 of the French Consumer Code, Mahaut Barbier Antiques reserves the right to refuse the Order for any legitimate reason.
Article 6. – Product prices and validity conditions
The Price of Products sold on the Website, by telephone or by email is indicated by item and reference, except for typographical errors. These Prices do not include delivery fees, which will be billed in addition and specified to the Customer when the Order is validated.
At the time of Order Validation, the price to be paid is the Total Price.
Product offers and Prices are valid as long as they are visible on the Website and within the limits of available stock.
In this context, indications of Product availability are provided to the Customer when they place their Order. Errors or changes may exceptionally exist, notably in the case of simultaneous Orders for the same Item by several customers. In the event that an Item becomes unavailable after the Customer has placed the Order, Mahaut Barbier Antiques will inform the Customer by email as soon as possible, offering either to order another Item presented on the Website as a replacement, or to cancel the Order. If the Customer chooses to cancel the Order, a refund will be made no later than 30 days after payment if the Customer’s bank account has been debited.
Mahaut Barbier Antiques reserves the right to change at any time and without prior notice the Products and Product prices offered on the Website, it being specified that those offered for sale and their corresponding prices will be those in force at the time of the Order as accepted by the Customer when validating it.
The Customer is informed that for technical reasons, the photographs and illustrations of products appearing on the Website may not fully reflect the product’s real appearance (color, size, reflections, etc.). The Customer is invited to refer to the description of each Product to learn its characteristics.
Telecommunication costs inherent to access to the Website remain exclusively at the Customer’s expense.
The period of validity of product offers and Prices is determined by updates to the Website.
Article 7. – Payment terms
7.1. Settlement of the Order:
7.1.1. On the Website: any Order placed on the Website must be paid by the Customer after validation of the Order and acceptance of these General Terms and Conditions of Sale by clicking on the “Validate the Order” button. The Customer’s bank account will be debited on the day the Order is shipped.
7.1.2. By email: any Order placed by email must be paid by the Customer immediately after validation of the Order. To confirm their Order and proceed with payment, the Customer will send Mahaut Barbier Antiques a return email expressly stating their acceptance of the quote issued by Mahaut Barbier Antiques and of the General Terms and Conditions of Sale. The Mahaut Barbier Antiques Customer Service will then contact the Customer by telephone or email to proceed with remote payment via a secure platform.
7.2. Payment methods:
Orders are paid only in euros, exclusively using the following means of payment:
7.2.1. Payment by bank card: payment of the Total Price by the Customer is made using one of the following payment methods: VISA, MASTERCARD, AMERICAN EXPRESS.
The transaction is debited from the Customer’s bank card at the time of shipment and after verification of the card data, upon receipt of authorization to debit from the company issuing the bank card used by the Customer.
Transactions for pre-ordered Items will be debited before shipment if shipment takes place more than 6 days after the pre-order. This 6-day period is linked to the validity period of the authorization from the Customer’s card-issuing bank.
By communicating the information relating to their bank card, the Customer authorizes Mahaut Barbier Antiques to debit their bank card for the amount corresponding to the Total Price.
The Customer therefore authorizes their bank in advance to debit their account upon presentation of the records or statements transmitted via the payment module, even in the absence of invoices signed by the cardholder. The ordered Products remain the property of Mahaut Barbier Antiques until full receipt of payment by Mahaut Barbier Antiques.
To this end, the Customer confirms that they are the holder of the bank card to be debited and that the name appearing on the bank card is indeed theirs. The Customer provides the sixteen digits and the expiry date of their card as well as, where applicable, the visual cryptogram numbers.
If debiting the Total Price is impossible, the Customer will be invited to restart the payment process. If the impossibility of debiting the Total Price is confirmed, the Online Sale by telephone or by email will be immediately terminated as of right and the Order will be canceled.
Mahaut Barbier Antiques implements all means to ensure the confidentiality and security of data transmitted on the Website.
In the context of online payments, and in order to combat online fraud, a check will be carried out online with the competent banking establishments and organizations. It is specified that Mahaut Barbier Antiques does not collect or store the Customer’s bank card details.
3D Secure payments are not yet supported for other regions.
The occurrence of a payment default due to fraudulent use of a bank card will result in the recording of details related to the Order associated with this default in a payment incident file implemented by a third party. An irregular declaration or anomaly may also be subject to specific processing.
7.2.2. Payment by PayPal: in the case of payment via PayPal (1x or 4x interest-free*), the Order amount is debited at the time the Order is placed.
If the Customer has chosen the “4x interest-free” option on the PayPal platform, the Order amount is debited in four interest-free installments. This option is offered at PayPal’s discretion for purchases between €30 and €2000.
7.2.3. Payment by bank transfer: if the Customer chooses to pay by bank transfer, Mahaut Barbier Antiques will send the Customer by email a quote summarizing their Order together with Mahaut Barbier Antiques’ bank details. To confirm their Order and proceed with payment, the Customer will initiate a transfer for the corresponding amount referencing the number of the paid quote, and will send Mahaut Barbier Antiques proof of the executed transfer order, constituting acceptance of the quote and of the General Terms and Conditions of Sale. Validation by Mahaut Barbier Antiques of the Customer’s Order can only take place after verification and receipt of the transfer. This validation will generate shipment of the Order.
7.3. Ownership of Items:
In any event, Products ordered on the Website, by telephone, or by email remain the property of Mahaut Barbier Antiques until full receipt of their price by Mahaut Barbier Antiques.
Article 8. – Delivery of the Order
8.1 Delivery terms
Deliveries are carried out by carriers designated according to the delivery country.
The Customer is informed by email of the shipment date and the tracking number of their Order.
If the Customer orders several Products at the same time, MAHAUT BARBIER ANTIQUES reserves the possibility of splitting shipments. The contribution to handling and shipping costs will be billed to the Customer for only one shipment.
In the event the Customer is absent at the time of delivery, a delivery notice informs them of the terms for holding and making the parcel available.
In the event of an incomplete or incorrect delivery address, reshipment costs will be borne by the Customer.
The Customer assumes full responsibility for the Products from the time they are received.
8.2 Delivery problems
On delivery, the Customer must check the condition of the parcel packaging as well as the conformity of the ordered Products. In the event of apparent damage, it is recommended that they refuse acceptance of the parcel from the carrier. The Customer must then notify their reservations to the carrier and to MAHAUT BARBIER ANTIQUES.
MAHAUT BARBIER ANTIQUES cannot be held liable for any delivery delay attributable to the carrier.
For Orders placed in mainland France and not delivered within fifteen (15) days at the latest from confirmation of the Order by MAHAUT BARBIER ANTIQUES, the Customer may cancel the Order by registered letter with acknowledgement of receipt.
In accordance with Article L. 216-2 of the French Consumer Code, the sale will then be considered terminated upon receipt of the registered letter, provided that delivery has not taken place before receipt of the letter.
8.3 Checking the Order upon arrival:
As far as possible, the Customer must check the condition of the packaging and the Items upon delivery.
They may make any reservations and complaints they deem necessary, or even refuse the parcel, in particular when the parcel is clearly damaged upon delivery and before opening it (for example, if you hear a breaking sound inside). Such detailed reservations and complaints must be indicated to the delivery person and, in parallel, sent to the carrier within ten working days (excluding public holidays) following the delivery date of the Products. In all cases, it is important to specify the reasons clearly, bearing in mind that a reservation such as “subject to opening the parcel” has no value, whereas a reservation such as “parcel very damaged, dented top left, re-taped” is accepted.
The Customer may also send a copy of this letter to Mahaut Barbier Antiques.
Article 9. – Right of withdrawal
9.1 Returns and refunds
Mahaut Barbier Antiques wishes to offer its Customers the possibility of returning delivered Items under the General Terms and Conditions of Sale described below.
9.1.1. Terms: in accordance with Articles L. 221-18 and L. 221-20 of the French Consumer Code, the Customer has a period of 14 days from the date of receipt of their parcel to exercise their right of withdrawal without having to justify reasons or pay penalties, for a refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days after notifying Mahaut Barbier Antiques of the Customer’s decision to withdraw.
The Customer may return one or all of the Items of their web Order by post.
Mahaut Barbier Antiques does not offer the possibility of returning Products from an Order placed on the Website in a physical store. Any return of an Order placed must be made by post.
Items must be returned complete (packaging accessories, instructions, etc.) in their original packaging. Incomplete, damaged or soiled returned Items will not be refundable and will be sent back to the sender by post.
Return shipping costs are borne by the Customer.
Delivery Fees paid when placing the Order on the Website will be refunded only if the entire Order is returned.
9.1.2. Steps to follow: To return the ordered product(s), the Customer must include the withdrawal form (appearing in Annex I of these GTC) in the parcel together with the Order invoice, specifying whether it is a request for exchange or refund. No return can be accepted without these two documents.
The Customer must complete the withdrawal form included in the parcel and prepare the parcel by placing the Item(s) to be returned in the original box.
The Customer must send back their parcel using the approved carrier of their choice to the following address:
Mahaut Barbier Antiques
49 rue Alexandre Dumas
75011 PARIS
Once the parcel has been received by MAHAUT BARBIER ANTIQUES, the Customer will be refunded within 13 days directly to the payment method used at purchase (bank account or PayPal account).
9.1.3. Restriction on the right of withdrawal: in accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for Orders of products customized at the Customer’s request, nor for incomplete, modified, damaged, deteriorated and/or soiled products due to the Customer.
Article 10. – Complaints – Information – Applicable law – Dispute
These General Terms and Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French and, should they be translated, only the French text shall prevail in the event of a dispute.
For any information, complaint or question relating to these General Terms and Conditions of Sale implemented by Mahaut Barbier Antiques or to the Items themselves, the Customer must contact Mahaut Barbier Antiques by post (49 rue Alexandre Dumas 75011 Paris – France) or by email infos@mahautbarbier-antiques.com or by telephone: +33 6 29 97 73 19, recalling, where applicable, the reference and date of the Order.
All disputes to which the purchase and sale transactions concluded under these online General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, and which could not be resolved between Mahaut Barbier Antiques and the Customer, will be submitted to the competent courts under ordinary law conditions.
The Customer is informed that they may in any event resort to conventional mediation or to any other alternative dispute resolution procedure.
In accordance with Article L. 612-1 of the French Consumer Code, any consumer dispute or litigation, subject to Article L. 612-2 of the French Consumer Code, may be settled amicably through mediation.
The Customer may also use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No. 524/2013. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/. Recourse to mediation is an alternative mechanism that does not constitute a prerequisite to bringing legal action.
Article 11. – Warranties
Products sold on the online store benefit from the legal guarantee of conformity under the conditions provided for in Articles L. 217-4 to L. 217-13 of the French Consumer Code, as well as the guarantee against hidden defects as defined in Articles 1641 to 1649 of the French Civil Code.
In the event of non-conforming or defective product(s), Customers may return them under the conditions previously provided, subject to having first contacted Mahaut Barbier Antiques by calling +33 (0) 6 29 97 73 19 or by email at infos@mahautbarbier-antiques.com.
Upon receipt of returned Products, MAHAUT BARBIER ANTIQUES will send replacement Products provided they are available. Where applicable, MAHAUT BARBIER ANTIQUES will fully refund the Customer.
Article 12. – Intellectual Property
All elements (texts, images, drawings, models, logos, visuals, animations, videos, etc.) of the Website remain the exclusive property of Mahaut Barbier Antiques. It is expressly forbidden to reproduce, exploit, distribute, use and/or modify, in whole or in part, for any purpose whatsoever and by any means whatsoever, any of said elements and/or to create derivative works from any of them.
The name “Mahaut Barbier Antiques”, and more generally all other illustrations, images and logos appearing on Mahaut Barbier Antiques products, their accessories and/or their packaging, whether registered or not, are and shall remain the exclusive property of Mahaut Barbier Antiques. Any total or partial reproduction, distribution, transmission, modification and/or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of Mahaut Barbier Antiques, is strictly prohibited.
The same applies to all copyrights, designs and models, patents and domain names that are the exclusive property of Mahaut Barbier Antiques.
No hyperlink of any kind to the Website is permitted without the prior express agreement of Mahaut Barbier Antiques.
Any reproduction or representation, in whole or in part, of the Website or of any of the elements appearing on it constitutes infringement that may incur the civil and criminal liability of its author. Photos are non-contractual. Products are not shown at their actual size.
Article 13. – Force majeure
The performance by Mahaut Barbier Antiques of all or part of its obligations will be suspended in the event of an unforeseen event or force majeure that hinders or delays performance. Such events include, without limitation, war, riots, epidemics, insurrection, social unrest, total or partial strikes, including transport strikes of all kinds, production stoppage, interruption of energy and/or electricity supply, and Mahaut Barbier Antiques supply problems.
Mahaut Barbier Antiques will inform the Customer of such an unforeseen event or force majeure within fourteen days of its occurrence. If this suspension continues beyond fifteen days, the Customer will then have the option to terminate the pending Order, and a refund will be made under the conditions set out above.
Article 14. – Limitation of liability
14.1. Capacity:
Before placing an Order, the Customer declares that they have full legal capacity enabling them to commit under these General Terms and Conditions of Sale. Mahaut Barbier Antiques cannot in any case be required to verify the legal capacity of its visitors and Customers. Consequently, if a person lacking legal capacity were to order Items on the Website, their legal representatives (parents, guardians, in particular) would assume full responsibility for that Order and would in particular have to pay its price.
14.2. Limitation of liability:
Mahaut Barbier Antiques’ liability under these General Terms and Conditions of Sale cannot be engaged where non-performance of its obligations is attributable to a third party, even if foreseeable, to the Customer’s fault, or to the occurrence of a force majeure event as defined by French courts, or to any other event not reasonably under Mahaut Barbier Antiques’ exclusive control. In no case may Mahaut Barbier Antiques be held liable for any damage that does not result from a breach by Mahaut Barbier Antiques of one of its obligations.
The information accessible on the Website is provided without any guarantee that the Products are suitable for the use the Customer intends to make of them.
Mahaut Barbier Antiques disclaims all liability for direct and indirect damages, whether foreseeable or not, caused on the occasion of using the Website.
In particular, Mahaut Barbier Antiques cannot be held liable for any damage resulting from use of the Internet network to access the Website such as, in particular, loss of data, intrusion, viruses, connection breakdown, interruption of the Internet network, or other problems beyond its control.
Mahaut Barbier Antiques reserves the right to suspend operation of the Website at any time.
Article 15. – No waiver
The fact that Mahaut Barbier Antiques refrains at a given time from requiring performance of any of the provisions of these General Terms and Conditions of Sale cannot be interpreted as a waiver of its right to invoke such total or partial non-performance at a later date.
Article 16. – Validity of the General Terms and Conditions of Sale
If any of the provisions of these General Terms and Conditions of Sale is declared null and void in whole or in part, the other provisions and the other rights and obligations arising from these General Terms and Conditions of Sale shall remain unchanged and shall remain applicable if their application is not rendered impossible.
ANNEX
