V-2022-01
In this document, terms used to refer to persons are taken in a generic sense.
These general terms and conditions of sale (hereinafter the “GTC”) apply to any purchase made by an Internet user, an individual (hereinafter the “CONSUMER”) or a professional user (hereinafter the “PROFESSIONAL BUYER”) on the website www.printcubator.net (hereinafter the “SITE”) from MITWILL TEXTILES EUROPE SARL registered in the Mulhouse Trade and Companies Register
under the SIRET number 790 059 182 00010, having its registered office at 104, rue des bains, F-68390, Sausheim, FRANCE, Tel: +33 3 89 57 82 73 (hereinafter the “SELLER”).
These general conditions exclusively govern purchases made by buyers located in Europe excluding islands, concerning the PRODUCTS presented on the SITE: Fabrics sold by the linear metre, personalised with a print whose file is provided either by the CUSTOMER or selected from the prints of the MITWILL TEXTILES EUROPE collection presented on the SITE.
IMPORTANT
Any order placed on the SITE implies the CUSTOMER’s unreserved acceptance of these general terms and conditions of sale.
Article 1. Definitions
The terms used below have the following meaning in these General Conditions:
“CONSUMER” : means the SELLER’s co-contractor, who guarantees to be a consumer as defined by French law and jurisprudence. In this respect, it is expressly provided that this CONSUMER is acting outside of any habitual or commercial activity.
“PROFESSIONAL BUYER” means a professional buyer from the SELLER who is acting in the context of his usual professional activity (trade, craft, liberal activity, agriculture) and for the needs of his profession.
“CUSTOMER” means the CONSUMER and/or the PROFESSIONAL BUYER as defined above.
“DELIVERY” refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated at the time of the order.
“PRODUCTS refers to all the products available on the SITE: Fabrics sold by the linear metre, personalised with a print whose file is provided either by the CUSTOMER or selected from the prints of the MITWILL TEXTILES EUROPE collection presented on the SITE.
“TERRITORY” means the European countries excluding islands and excluding overseas territories.
“SELLER” means the company MITWILL TEXTILES EUROPE.
Article 2. Scope
These General Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
Article 3. Acceptance of the General Conditions
The CUSTOMER undertakes to read these Terms and Conditions carefully and to accept them, before proceeding with the payment of an order for PRODUCTS placed on the SITE.
These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download and print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the Terms and Conditions with each new order, since the current version of the Terms and Conditions applies to each new order of PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm the order, the CUSTOMER acknowledges that they have read, understood, and accepted the General Conditions without limitation or condition.
Article 4. Purchases on the SITE
In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have legal capacity or, if a minor, be able to justify the agreement of their legal representatives.
The CUSTOMER will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER’s order to be processed by the SELLER. The CUSTOMER can check the status of their order on the SITE. The tracking of DELIVERIES can, if necessary, be done using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER’s sales department at any time by e-mail at printcubator@mitwill.com in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information provided.
Article 5. Orders
Article 5.1 Properties of the PRODUCTS
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions).
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France. The SITE only sells PRODUCTS that are personalised according to the indications given by the CUSTOMER.
As the PRODUCTS purchased on the site are intended to be transformed by the CUSTOMER, they must ensure that the characteristics of the PRODUCT they selected correspond to the use they want to make of it, for example by means of a sample order or by making a prototype.
Article 5.2. Ordering process
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below. Please note, however, that depending on the CUSTOMER’s entry point to the SITE, the steps may differ slightly.
5.2.1. PRODUCT selection and purchase options
The CUSTOMER shall select the PRODUCT(S) of his choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CUSTOMER's shopping cart. In the next steps, the CUSTOMER uploads the print file of his creation. In other purchase options, the CUSTOMER can choose a print design from a selection offered on the SITE. The CUSTOMER can add as many PRODUCTS as they wish to their basket.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the shopping cart and check that the contents of the order are correct. If the CUSTOMER has not already done so, they will then be invited to identify themselves or to register.
Once the CUSTOMER has validated the contents of the basket and logged in/registered, an automatically completed online form will be displayed, summarising the price, applicable taxes and, if applicable, delivery charges.
The CUSTOMER is invited to check the content of their order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER undertakes to check the accuracy of the provided information and to correct any errors before validating the order. To finalise the sale, the CUSTOMER must also accept the general terms and conditions of sale, by ticking the indicated box. The CUSTOMER can then proceed to the payment of the PRODUCTS by following the instructions on the SITE. The CUSTOMER is required to provide all information necessary for the billing and DELIVERY of the PRODUCTS.
For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary for the order to be processed. The CUSTOMER must also select the delivery method chosen. The validation and payment of the order is equivalent to an electronic signature and acceptance of the sale between the parties.
5.2.3. Order acknowledgement
Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER’s order. A copy of the order acknowledgement is automatically sent to the CUSTOMER by e-mail. The SELLER does not send any order confirmation by post or fax.
5.2.4. Invoicing
During the order process, the CUSTOMER shall enter the information required for invoicing. The sign (*) or (mandatory) shall indicate the mandatory fields that must be filled in for the CUSTOMER’s order to be processed by the SELLER.
The CUSTOMER undertakes to check the accuracy of the information provided and to correct any errors before validating the order. In particular, the CUSTOMER must clearly indicate all information relating to the DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address. The CUSTOMER must then select a method of payment.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail, constitutes an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Order date
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE start to run from this date.
5.4. Consumer prices
In the final shopping cart of a CONSUMER on the SITE, prices are displayed in euros including all taxes for all PRODUCTS, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen). In particular, the final prices include French value added tax (VAT) at the rate applicable on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS as of the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The prices of the SELLER’s suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales. The prices indicated are valid, except in the event of a gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CUSTOMER.
5.5. Trade prices for orders with delivery in France
The PROFESSIONAL BUYER will have entered their VAT ID or SIREN number in the box provided for this purpose when registering on the site. In the final shopping cart of PROFESSIONAL BUYER, the prices are displayed in euros including all taxes for all PRODUCTS, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address in France and the carrier or mode of transport chosen).
In particular, the final prices include French value added tax (VAT) at the rate applicable on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS as of the date of entry into force of the new rate. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER’s suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales. The prices indicated are valid, except in the event of a gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CUSTOMER.
5.6. Trade prices for orders with delivery to a European Union member state
The PROFESSIONAL BUYER will have entered his VAT ID in the box provided for this purpose when registering on the site. In the final shopping cart of a PROFESSIONAL BUYER for an order delivered to a country of the European Union, the SITE displays prices in euros excluding taxes for all PRODUCTS, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales. The prices indicated are valid, except in the event of a gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CUSTOMER.
5.7. PRODUCT availability
The unavailability of a PRODUCT is in principle indicated on the PRODUCT page. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMERS without delay if the PRODUCT has become unavailable.
The SELLER may, at the CUSTOMER’s request:
Either proceed with a partial shipment of the available PRODUCTS in the first instance, and then with the shipment of the rest of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred, or offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel the order for unavailable PRODUCTS, they will be reimbursed for all sums paid for the unavailable PRODUCTS at the latest within thirty (30) days of payment.
Article 6. Withdrawal rights for CONSUMERS
The terms and conditions of the withdrawal rights for CONSUMERS are set out in the section entitled "Terms and conditions for exercising the right of withdrawal“. They are available in Appendix 1 of these CONDITIONS.
No withdrawal right is granted for the sale of goods or services to a PROFESSIONAL BUYER who is acting during his professional activity (commercial, craft, liberal, agricultural) and for the needs of his profession.
Article 7. Payment
7.1. Payment methods
The CUSTOMER may pay for PRODUCTS online on the SITE using the methods proposed by the SELLER. To secure payments and to facilitate administrative processing, the SELLER requests payment with the STRIPE payment service. By executing the payment on this service, the CUSTOMER accepts the use conditions for the STRIPE service. The costs for the STRIPE service are borne solely by the SELLER. The CUSTOMER guarantees the SELLER that they have all the necessary authorisations to use the chosen payment method.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
In this respect, it is specified that all payment information provided on the SITE is transmitted to the SITE’s bank and is not processed on the SITE.
7.2. Payment date
In the case of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCTS are ordered on the SITE.
In case of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with Article 5.5 of these Terms and Conditions.
7.3. Late or refused payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER’s Customer Service to pay for the order by any other valid means of payment. If, for any reason whatsoever the transmission of the amount due by the CUSTOMER proves impossible, the order will be cancelled, and the sale automatically terminated.
Article 8. Documentation
Any invoice for a contract concluded with the CUSTOMER for an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the French Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the invoice at the CUSTOMER’s request. In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Ownership transfer
The SELLER remains the owner of the delivered PRODUCTS until the CUSTOMER has paid in full.
The above provisions do not prevent the transfer to the CUSTOMER, upon receipt by the CUSTOMER or by a third party designated by the CUSTOMER other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage that they may cause.
Article 10. Delivery
The methods of DELIVERY are set out in the “Delivery Policy” referred to in Appendix 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link. At the time of delivery, the CUSTOMER is invited to check the condition and contents of the package before signing any delivery document. The CUSTOMER may express his reservations in writing on the delivery note to the delivery service (open packaging, torn, missing products, etc.) or refuse the delivery. A possible claim due to damage incurred during transport cannot be recognised if reservations were not documented at the time of delivery.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with the applicable transport standards in order to ensure best protection for the PRODUCTS during DELIVERY.
Article 12. Warranty
The PRODUCTS will be packaged in accordance with the applicable transport standards in order to ensure best protection for the PRODUCTS during DELIVERY.
12.1. Conformity guarantee
Article L.211-4 of the French Consumer Code: The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L.211-5 of the French Consumer Code: To be in conformity with the contract, the consumer goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable:
– correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
– have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or on labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter. The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the French Consumer Code)
In case of lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CUSTOMER's choice is manifestly disproportionate, considering the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the option chosen by the CUSTOMER. If a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the SELLER's registered office address.
Finally, the CUSTOMER is exempted from proving the existence of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the good.
It is specified that the present legal warranty of conformity applies independently of the commercial warranty granted, if any, on the PRODUCTS.
12.2. Warranty for latent defects
The SELLER is bound by the warranty for latent defects of the PRODUCT sold which render it unfit for the use for which it was intended, or which so diminish such use that the CUSTOMER would not have acquired it or would have given only a lower price for it, if he had known of them. (Article 1641 of the French Civil Code). This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the reimbursement of the price of the PRODUCT if it is returned and the reimbursement of a part of its price if the PRODUCT is not returned.
12.3. Warranty and product transformation
The PRODUCTS sold on the SITE are customized according to the CUSTOMER’s instructions. Once received by the CUSTOMER, they are intended to be transformed by the CUSTOMER or to be incorporated into other products created by the CUSTOMER. The warranties in Article 12 of these Terms and Conditions apply only to PRODUCTS that have not been further processed by the CUSTOMER after receipt.
Article 13. Responsibility
The SELLER shall not be held liable in the event of non-performance or improper performance of the contractual obligations which is attributable to the CUSTOMER: In particular, the SELLER shall not be held liable if the personalisation instructions or computer printing data transmitted by the CUSTOMER prove to be erroneous or unusable. The SELLER shall not be held liable or considered to have failed to comply with the present terms and conditions, for any delay or non-performance when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts and tribunals. It is furthermore specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all responsibility for the information published on these sites. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.
Article 14. Privacy
The SELLER collects personal data about its Customers on the SITE, including through the use of cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, to manage the CUSTOMER's account, to analyse orders and, if the CUSTOMER has chosen this option, to send them commercial prospecting mail, newsletters, promotional offers and/or information on special sales. CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided at the bottom of each offer received by e-mail.
The CUSTOMER’s data is kept confidential by the SELLER in accordance with its declaration to the CNIL (French national commission), for the purposes of the contract, its execution and in compliance with the law. The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that the CUSTOMERS have given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER.SITE.
The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with the French data protection act n°78-17 of January 6, 1978, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. They may exercise this right by sending an e-mail to the following address: printcubator@mitwill.com
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
Article 15. Claims
The SELLER provides the CUSTOMER with a customer service at the following number: +33 3 89 57 82 73 (not surcharged).
Any written complaint from the CUSTOMER should be sent to the following address: 104, rue des Bains, 68390 Sausheim, FRANCE or by e-mail to printcubator@mitwill.com
Article 16. Intellectual property
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER’s authorisation in writing.
Under no circumstances will this authorisation from the SELLER be granted on a permanent basis. This link must be removed at the request of the SELLER. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Article 17. Validity of these general terms and conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a modification or decision does not authorise CUSTOMERS to disregard these General Conditions. Any terms and conditions not expressly dealt with herein shall be governed in accordance with the practice of the retail sector, for companies whose registered office is in France.
Article 18. Modification of the general terms and conditions
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
The present General Conditions as well as the relationship between the CUSTOMER and the SELLER are governed by French law.
In the event of a dispute, only the French courts shall have jurisdiction. However, prior to any recourse to an arbitral or state judge, negotiation will be preferred in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including those concerning its validity. The party wishing to initiate the negotiation process shall inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of fifteen (15) days, the parties have not reached an agreement, the dispute shall be submitted to the competent court designated below.
During the entire negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other in relation to the dispute under negotiation. By way of exception, the parties are entitled to apply to the interlocutory court or to seek an order on application. A possible action before the summary court or the implementation of a procedure on request does not imply any waiver of the amicable settlement clause by the parties unless they expressly wish otherwise.
APPENDIX 1
All the products available on the SITE are fabrics sold by the linear metre, personalised with a print whose file is provided either by the CUSTOMER or selected from the prints of the MITWILL TEXTILES EUROPE collection presented on the SITE.
These PRODUCTS are excluded from the CONSUMER's right of withdrawal by law. Under the terms of Article L221-28 of the French Consumer Code, the right of withdrawal is excluded for :
services fully executed before the end of the withdrawal period and whose execution has begun after the consumer's prior express agreement and express waiver of his right of withdrawal;
goods made to the consumer's specifications or clearly personalised
goods likely to deteriorate or expire rapidly;
goods unsealed by the consumer after delivery, and which cannot be returned for reasons of hygiene or health protection;
audio or video recordings or computer software when unsealed by the consumer after delivery
sales of newspapers, periodicals, or magazines, except for subscription contracts
APPENDIX 2
DELIVERY POLICY
Delivery area
The PRODUCTS can be delivered on the French TERRITORY without overseas and the countries of the European Union without islands.
The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER will have indicated during the ordering process.
Production lead time
The lead times for preparing an order and then issuing the invoice, before shipping the PRODUCTS are mentioned on the SITE. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the CUSTOMER when the PRODUCTS are shipped, provided that the e-mail address given in the registration form is correct.
Delivery times & costs
During the order process, the SELLER indicates to the CUSTOMER the possible delivery times and shipping options for the PRODUCTS purchased.
The shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased. Details of delivery times and costs are provided on the SITE.
Terms of DELIVERY
The parcel will be delivered to the CUSTOMER against signature and on presentation of an identity document.
In case of absence, a notice of passage will be left to the CUSTOMER, in order to allow him to go and collect his parcel at the place indicated on the notice of passage.
Delivery Problems
The CUSTOMER is informed of the estimated delivery date when he/she chooses the carrier, at the end of the online ordering process, before confirming the order.
It is specified that deliveries will be made within sixty (60) working days maximum. If the CUSTOMER fails to do so, he/she must give the SELLER formal notice to deliver within a reasonable period and, if the goods are not delivered within this period, he/she may terminate the contract.
The SELLER shall refund the total amount paid for the PRODUCTS, including taxes and delivery charges, to the CUSTOMER without undue delay after receipt of the letter of termination,
The SELLER is responsible until the PRODUCT is delivered to the CUSTOMER. At the time of delivery, the CUSTOMER is invited to check the condition and contents of the package before signing any delivery document. The CUSTOMER may express his reservations in writing on the delivery note to the delivery service (open packaging, torn, missing products, etc.) or refuse the delivery. A possible claim due to damage incurred during transport cannot be recognised if reservations were not documented at the time of delivery.
