Terms and Conditions
LAST UPDATE : 21/12/2022.
ARTICLE 1: PREAMBLE
These terms and conditions, hereinafter referred to as the "General Rental
Rental", exclusively govern the commercial relationship with our customers
customers for the event rental services of second-hand products
MATY (Société par Actions Simplifiée, a simplified joint stock company
registered with the Registre du Commerce et des Sociétés de Besançon under number
number 402 327 597 RCS Besançon, having its registered office at Boulevard
Kennedy, 25000 Besançon; VAT number :
FR66402327597) from the website
www.maty.com
(excluding the Marketplace) under the conditions defined in the Terms and Conditions
conditions, to the exclusion of all other conditions, in particular those
for products sold by "MATY" or its partner sellers on the
www.maty.com.
In particular, it is specified that the General Conditions of the MATY
are not eligible for the rental service offered by MATY.
MATY, as well as the commercial warranties offered by "MATY" which only
the sale of its products.
Persons considered legally incapable of contracting,
particularly unemancipated minors, must obtain the authorization of their
obtain the authorization of their legal representative prior to any
orders.
For all pre-booking, order and payment or commercial information
commercial information
related to the event rental service offered by MATY
by MATY from the site
www.maty.com, as well as
to obtain the proper execution of a contract or the handling of a claim, you can
a claim, you can send us an e-mail, call us at
email us, call us on 09 72 72 00 25 (toll-free number, price according to
or write to us at MATY - Service Clients - Boulevard Kennedy - Besançon Cedex 9
25040 Besançon Cedex 9.
When a professional collects telephone data from a consumer
telephone data from a consumer in the course of concluding a contract
contract, the contract must inform the consumer of his or her right to register
on the telephone anti-solicitation list at
https://www.bloctel.gouv.fr/. A professional is prohibited from cold calling a consumer on this list
registered on this list, except in the case of solicitations within the
in the performance of a current contract and in connection with the consumer's
related to the subject matter of the contract, including when this involves
to offer the consumer products or services related to or complementary
or services related to or complementary to the current object, or of a nature to improve its performance or quality.
performance or quality.
To find out more about the use of your data and your rights,
see our privacy policy by clicking on
https://www.maty.com/vie-privee.html.
ARTICLE 2: PRE-BOOKING AND ORDERING
MATY's event product rental service from
the website
www.maty.com
is reserved for individuals with a customer account with
MATY, with delivery of rented products in mainland France (see delivery
delivery terms and conditions
Article 5.1 "Delivery
below).
The products offered for rent by MATY are presented on the site
www.maty.com
exclusively, the offer being likely to be modified regularly. The
is a selection of products, as other products sold by MATY are not
the rental service.
The products offered for rental are second-hand jewelry items
(excluding rings) and fashion accessories related to the jewelry
with the jewelry sector, the essential characteristics of these products being
of these products are detailed in the product sheet of the product presented for
rental on the site
www.maty.com.
The event rental package offered is for an incompressible
of two (2) days from Monday to Friday on weekdays, or three (3) days from Saturday to Monday.
three (3) days from Saturday to Monday, with customers able to opt for a longer rental period at the price
the price indicated on the site
www.maty.com
per additional rental day (see
Article 3 "Prices" below).
2.1: PRE-BOOKING SUBJECT TO AVAILABILITY AT TIME OF ORDER AND PAYMENT
ORDER AND PAYMENT
Only rental products available at the time of final validation of the
of the order and payment
(see Article 2.3 below) and payment can be rented.
It is also possible to order more than one rental product, subject
subject to availability.
The customer can check at any time or during the pre-booking process whether
the product he/she wishes to rent is available on the desired dates by
contacting customer service on 09 72 72 00 25 (toll-free number, price according to operator) or by requesting to be contacted using the form provided
the form provided(https://www.maty.com/nous-contacter/on-vous-rappelle.html). These availability dates are given for information only,
subject to the resolutory conditions defined in Article 2.2
below.
Pre-booking a rental product from the website
www.maty.com
is possible up to three (3) months before the start of the rental period and
five (5) working days before the start of the rental period.
To take account of the time required to check, prepare, dispatch and deliver the
of the product offered for rental, the customer may not pre-book
pre-book a product offered for rental less than five (5) working days
working days before the desired rental date.
To pre-book one or more products offered for rental
rental
from the site
www.maty.com,
the customer must contact MATY by telephone on 09 72 72 00 25 (toll-free number
number , price according to operator) or they can ask to be called back if they wish
using the form provided(https://www.maty.com/nous-contacter/on-vous-rappelle.html).
We will acknowledge receipt of the customer's pre-reservation in the form of
an email summarizing the rental, which will be sent as soon
to the e-mail address provided at the time of the pre-reservation.
pre-reservation, to which the customer must reply in order to confirm their
request.
It is only after the customer has confirmed his request that the
that the pre-reservation is recorded, subject to the resolutive conditions
defined in Article 2.2 below.
Any rental of products implies prior consultation and
and acceptance of the Terms and Conditions of Rental, which are
accessible at any time via a permanent link on the website
www.maty.com
by clicking on the "Save as PDF" button ("Download PDF version") or on the
" Print" button, or from
the product sheet of the product presented for rental on the site
www.maty.com and communicated to the customer on a durable medium at the time of the
the e-mail confirming the pre-reservation.
The current version of the General Rental Conditions is the one of which
the customer declares to have read and accepted without reservation by
MATY" customer service, after receipt by the customer of the email
the customer of the email summarizing the information relating to the rented product
at the time of pre-reservation, the General Rental Conditions
being communicated in PDF format attached to this email.
2.2: RESOLUTORY CONDITIONS UPON FINAL CONCLUSION OF THE RENTAL CONTRACT
SUBSEQUENT TO PRE-RESERVATION
2.2.1 : OPTION FOR THE CUSTOMER TO CANCEL HIS PRE-BOOKING UNTIL
VALIDATION OF THE ORDER
The customer is free to cancel his pre-reservation, without penalty and
penalties and without having to justify their reasons, up to five (5) working days
before the start of the rental period at the latest, it being remembered that the pre-reservation is not definitive until the order has been
validation of the order and the corresponding payment (under the conditions
2.3 and 4.1 below).
To cancel a pre-reservation before ordering and payment,
the customer can contact MATY by telephone on 09 72 72 00 25 (toll-free number
number , price according to operator) or ask to be called back using the form
using the form provided(https://www.maty.com/nous-contacter/on-vous-rappelle.html), it being specified thatin all cases the customer will be contacted by MATY's customer service department to
ask them to confirm their order five (5) days before the start of the
the rental
(see Article 2.3 below).
2.2.2: MATY MAY CANCEL THE CUSTOMER'S PRE-RESERVATION UNTIL THE ORDER HAS BEEN
VALIDATION OF THE ORDER
The pre-reservation of a product is not definitive until the order has been
has been confirmed and paid for by the customer
(under the conditions defined in Articles 2.3 and 4.1 below).
Therefore, in addition to the customer's right to cancel his pre-reservation
until the order has been validated, as stated in Article 2.2.1 of the
General Rental Conditions,
the product is pre-reserved before order and payment under the following
following resolutive conditions
:
-
due to the seasonal nature of our business,
our rental product offers are valid while stocks last, in particular
available stocks, particularly in cases where the product pre-booked for rental
has been sold in priority to another customer before the customer
the customer definitively validates and pays for his order, the site
www.maty.com
is a merchant website offering mainly the sale of jewellery and watches.
jewelry and watches, both new and used, and the products offered for rental
offered for rent are in limited quantities due to the nature of these
nature of these products, as they are second-hand;
-
the pre-reservation may be cancelled for reasons not attributable to
reasons not attributable to MATY
if, for example, the same product has been offered for rental to several
customers on the same dates due to a technical problem, or if it is not
is not possible to offer the product for rental on the desired dates
if the same product has previously been rented to another customer and it appears
customer and it appears that repair and/or reconditioning services
and/or repair services by our jewelry workshop are required within a
necessary within a timeframe that does not allow the product to be rented again
the product again on the dates initially planned at the time of pre-reservation.
Under these circumstances,
MATY" customer service will contact the customer to inform them
inform the customer as soon as possible and
and offer to modify the pre-reservation dates initially
or to rent a similar product that would be available for rental
available for rental on the same dates as a replacement for the product
pre-booked product and under the same resolutive conditions
defined in the present Article 2.2.
If the customer does not wish to pre-book the new product thus
offered for rental, the customer's initial pre-booking of the product
unavailable for rental will be automatically cancelled.
2.3: ORDER VALIDATION
In the absence of cancellation of the pre-reservation by the customer or by
MATY
in accordance with the conditions set out in Article 2.2 of the General Rental
General Rental Conditions,
MATY" customer service will contact the customer five (5) working days
days before the start of the rental period to ask the customer to validate
order definitively.
Acceptance of an order becomes final after payment (see
conditions
Article 4 "Payment
below),
subject to the customer exercising his or her legal right of
retraction
(in accordance with the conditions
Article 6 "Legal right of withdrawal
below).
We will acknowledge receipt of the customer's order as soon as possible
as soon as possible in the form of an email summarizing the rental
sent to the e-mail address provided when the order was
order confirmation.
MATY reserves the right not to honor an order in the event of a legitimate reason
legitimate reason as defined by law (dispute relating to a previous
abnormal request from the customer).
ARTICLE 3: PRICES
The prices of products rented by MATY are indicated in Euros, all taxes
taxes included (VAT included).
The VAT included is the French VAT in force on the day of the order.
Product prices are guaranteed from pre-reservation to order confirmation
order confirmation and payment of the rented product.
Rented products are not eligible for any discounts, except for specific
specific commercial operations.
The fixed rental price is calculated on a daily basis, with a minimum
minimum of two (2) days on weekdays and three (3) days at weekends,
from the first day of delivery of the rental product
(see conditions
Article 5.1 "Delivery
below) until the last day of the rental period (see return conditions at
return in
Article 5.2 "Returns
below).
MATY has set up a second-hand jewelry rental service in order to
customers who wish to rent rather than buy products.
who wish to do so;
rental is offered with no option to buy at the end of the rental period.
rental.
Rented products remain the property of MATY until full payment has been received.
in the event of non-return of the product by the customer (see
Article 4.2 "Penalties" below).
below).
ARTICLE 4: PAYMENT
4.1: ORDER PAYMENT
4.1.1 : PAYMENT OF THE RENTAL PRICE
Payment of the fixed rental price is made by telephone
at the time of order confirmation, after having been contacted by the
MATY" customer service
as mentioned in Article 2.3 of the General Rental Conditions, by
VISA and EUROCARD MASTERCARD, MAESTRO and ELECTRON credit cards.
ELECTRON.
The rental price is debited in cash at the time of shipment
of the rented product after order and payment.
Other methods of payment offered by MATY for the sale of its products
products are not accepted for MATY's product rental service.
MATY, nor is it possible to pay in instalments for rental products.
rental products.
4.1.2 : DELIVERY OF A GUARANTEE CHEQUE
To protect against the risk of fraud,
the customer is requested to send, at his expense and risk, to MATY -
Customer Service
- Boulevard Kennedy - 25040 Besançon Cedex 9,
at the time of order validation, a guarantee cheque made out to
made payable to MATY, corresponding to the selling price of the rented
as shown in the product sheet on the site
www.maty.com
and in the e-mail confirming the pre-reservation,
less the total amount of the rental.
The rented product cannot be dispatched until "MATY" has received
of the customer's guarantee cheque, it being specified that
the rented product is sent to the customer by express mail the day before the first
day of rental
(see
article 5.1 "Delivery
below).
If MATY does not receive the customer's guarantee cheque, the rental
the rental will be automatically cancelled and the payment of the fixed price
will not be debited.
Please note that
the guarantee cheque can only be presented for cashing at the customer's bank
in the event of non-return of the rented product by the customer.
rented product
and under the conditions strictly defined in
Article 4.2 "Contractual penalties
below, and only in the cases referred to in Articles 4.2.2 "Penalties
applicable in the event of non-return of the leased product or delay of more than
7 days" and 4.2.3 "Penalties applicable in the event of non-conforming use of the
of the rented product" if the returned product is no longer repairable.
In the case of fraud prevention, MATY may, in the event of reasonable doubt
reasonable doubt, to request a copy of the customer's identity document
to verify the absence of identity theft by the customer.
identity.
Please note that
persons presenting a cheque as payment are required to provide
their identity with an official document bearing their photograph
photograph, in accordance with regulations. After verification, the copy of the
identity document is no longer required.
To protect us against stolen or unpaid cheques, cheques
may be subject to a check in the Fichier National des Chèques
France's Fichier National des Chèques Irréguliers (more information at
www.verifiance-fnci.fr).
4.1.3 : PAYMENT SECURITY
Transactions carried out by credit card over the telephone are
by the Ingenico payment system.
The payment service provider "Ingenico" (partner "Worldline
"partner) is a technical service provider; consequently, it does not handle
disputes related to credit card payments, for which we invite the customer to contact
we invite the customer to contact MATY and/or his bank.
All information exchanged to process payment (card number, expiration date
16-digit card number, expiration date, visual cryptogram) are encrypted.
This data cannot be detected, intercepted or used by third parties.
third parties.
Bank details are not stored in our computer systems, except in a secure
systems, except securely in the form of aliases (after "tokenization", i.e.
tokenization", i.e. replacement of the credit card number by another
another number) or partial masking ("obfuscation"),
only the last 4 numbers appear for verification purposes)
to enable the customer to be reimbursed within the framework of the legal right of
right of retraction, using the same method of payment as the one
originally used.
Please note that
the alias of the customer's credit card number may be used by
MATY for the duration of the rental contract in the event that contractual penalties
contractual penalties would be due by the customer, according to the conditions strictly defined in article 4.2 hereafter.
4.2: CONTRACTUAL PENALTIES
The contractual penalties defined in this Article
are excluded in the absence of fault on the part of the customer (force majeure,
MATY or the carrier, for example),
subject to the customer's obligations during the rental period
rental period
(see
Article 7.2 "Legal warranties and conditions of use incumbent on the
customer").
Subject to the above,
the alias of the customer's credit card number (see Article 4.1.3
of the General Rental Conditions)
may not be used by MATY inconnection with the execution of the
rental contract
to deduct the contractual penalties defined in Articles 4.2.1
and 4.2.3
hereafter, as well as the guarantee cheque given by the customer
(see Article 4.1.2 "Remittance of a guarantee cheque" of the Rental
Terms and Conditions)
be presented to the customer's bank to debit the contractual penalty
penalty defined in Article 4.2.2
hereinafter
or in the event that the returned product is no longer
repairable
(see Article 4.2.3 below),
after having previously put the customer on notice by means of an unsuccessful accounting
unsuccessful reminder letter and after a joint inspection with the customer
with the customer if he so requests in the event of a dispute on his part.
4.2.1 : PENALTIES APPLICABLE IN THE EVENT OF LATE RETURN OF THE PRODUCT
RENT
In the event of delay attributable to the customer in returning the product
to MATY for up to seven (7) days
(see maximum period for returning the product and
terms of return in Article 5.2
below),
contractual penalties corresponding to the rental price due
per day of delay will be due by the customer to MATY.
This cost varies according to the nature of the product rented,
the customer is informed of the rental price due for one (1) day, which is
is indicated in the product sheet
of the rented product presented on the site
www.maty.com
and in the e-mail confirming the pre-reservation of the
product.
4.2.2: PENALTIES APPLICABLE IN THE EVENT OF NON-RETURN OF THE RENTED PRODUCT OR A DELAY
DELAY OF MORE THAN 7 DAYS
In the event of delay attributable to the customer in returning the rented product to MATY
MATY beyond a period of seven (7) days after the maximum time limit for
to return the rented product
(see terms of return in Article 5.2 below)
or non-return of the rented product, Article 4.2.1 of the General Rental
Conditions will be inapplicable and contractual penalties
and contractual penalties equal to the amount of the guarantee cheque
given by the customer corresponding to the sale price of the rented product
less the rental price
paid by the customer at the time of order and payment,
will be due by the customer to MATY.
This cost varies according to the type of product rented,
the customer is informed of the selling price of the rented product in the
product sheet
of the rented product presented on the site
www.maty.com
and in the e-mail confirming the pre-reservation of the rented
product.
4.2.3 : PENALTIES FOR IMPROPER USE OF THE PRODUCT
RENT
The customer is liable for the consequences of any use of the rented product
for its intended use (see
Article 7.2 "Legal warranties and conditions of use for which the
customer").
Contractual penalties may be payable by the customer in the event of
return of a product that is not in conformity with its initial condition
before the start of the rental period, or in a condition that prevents resale or
resale or rental, or in a condition requiring repair or reconditioning
repair or reconditioning, on the basis of MATY's current public rates for its
for its repair services for products in 375-thousandths and
750 thousandths gold products according to the packages described below:
-
Pendant: package at 47€ including: reconditioning; cleaning
polishing; soldering of ring; replacement of ring; transformation
partial platinum plating; full platinum plating;
-
Chains, bracelets, necklaces: 37€ package including: reconditioning
cleaning polishing ; welding ; replacement or reinforcement of stirrups ;
length reduction; replacement or reinforcement of end ring; complete
(small chain only);
-
Beads: package at 44€ including: stringing 1 or 2 rows with or without knot
knot ;
-
Earrings and brooches: package at €47 including: replace
strollers; replace wire hook; reconditioning; soldering of bead shank
bead; closure: breakage - toggle; cleaning polishing; hinge pin
pin; crimping; swivel hook clasp; platinum plating
complete.
In the event that the repair requires an intervention going
the repair costs will take into account a number of parameters, including the
several parameters, including age, condition, brand, model, type of metal, presence of precious
the presence of precious or semi-precious stones or engravings.
If the condition of the rented product returned by the customer prevents any
repair, contractual penalties equal to the amount of the guarantee cheque
by the customer corresponding to the sale price of the rented product
less the rental price paid by the customer
paid by the customer at the time of order and payment,
will be due by the customer to MATY.
This cost varies according to the type of product rented,
the customer is informed of the selling price of the rented product in the
product sheet
of the rented product presented on the site
www.maty.com
and in the e-mail confirming the pre-reservation of the rented
product.
ARTICLE 5: DELIVERY AND RETURNS
5.1 : DELIVERY
For its product rental service, MATY offers
express delivery in 1 day* by "Chronopost" to your home against
signature, without invoicing a fixed contribution to the costs of
for order processing.
* working days, excluding public holidays, average delivery time observed
in metropolitan France.
Delivery of products rented by MATY is possible
in mainland France only (excluding Corsica, DROM-COM, EU/EEA and
postal sectors).
Delivery is made on the first (1st) day of rental before
thirteen p.m. (1 p.m.)
corresponding to the date pre-booked by the customer and confirmed by email
after validation of the order and payment by the customer.
IMPORTANT: it is the customer's responsibility to be present at the time of delivery.
at the time of delivery, bearing in mind that they benefit from
Chronopost's "Predict" service, which enables them to
to reschedule their delivery to another day or to indicate a location of their choice
to be sure not to miss the delivery of his parcel after having been notified
having been notified the day before by email or SMS from the carrier.
If it is not possible for the customer to be present at the time of delivery
at the time of delivery, the customer must collect the parcel from a
at a "Chrono Pick Up" collection point or at the post office (depending on
the opening days of the pick-up point or post office) if he/she has given
instructions to this effect, the rented product being deemed to have been
deemed to have been delivered on the initially scheduled delivery date, thus
delivery date, and the rental period therefore begins on that date, unless the customer
customer justifies not having been able to collect the product for a reason
(e.g. strike at the "Chrono Pick up" collection point), in which case the
"collection point), in which case the rental period will start on the day the customer
customer provides proof of having taken physical possession of the rented product for the
same duration as originally agreed.
For greater security, an identity document in the name of the recipient of the
is required to collect the parcel from a collection point or post office.
post office.
Transfer of risk :
The professional is automatically responsible for the proper execution of the obligations
obligations arising from the distance contract, unless the delay or failure
is attributable to the consumer or to the unforeseeable and insurmountable
unforeseeable and insurmountable act of a third party to the contract (other than the
force majeure (article L.221-15 of the French Consumer Code).
Code).
Any risk of loss or damage to the goods is transferred to the
the consumer when he takes physical possession of the goods; delivery of the goods
delivery of the good means the transfer to the consumer of physical possession
physical possession or control of the good (articles L.216-1 and L. 216-2
of the French Consumer Code).
To track your parcel, click
here to access
order tracking, call us on 09 72 72 00 25 (toll-free number, price
surcharged, price according to operator) or
or send us an email.
-
Carefully check the condition and contents of the package on receipt.
upon receipt.
-
If possible, formulate precise
on the delivery receipt when you receive your parcel.
receipt of your parcel. Please note that when the consumer
takes personal delivery of the goods and the carrier ("voiturier") does not
the carrier ("voiturier") does not justify having given him/her the
to check that they are in good condition, the time limit which extinguishes any action
against the carrier is extended from 3 days (not including public holidays)
days following receipt of the goods, to 10 days (article L.224-65 of the French
Consumer Code).
-
In the event of damage or shortages, please inform us by contacting our
by contacting our advisors on 09 72 72 00 25 (toll-free number
number, price according to operator) as soon as you are aware of any such
or shortages, so that we can deal with your claim as quickly as possible.
your claim.
-
If the package is not delivered on the agreed delivery date,
please inform us as soon as possible. Please note
reminded that, in accordance with the law, the professional must deliver
goods or services on the date or within the period indicated to the
the consumer, unless the parties agree otherwise; in the absence of any
or agreement as to the date of delivery or supply,
the trader shall deliver the goods or provide the service without undue delay
unjustified delay and no later than 30 days after conclusion of the contract
(article L. 216-1 of the French Consumer Code).
-
In the event of failure by the professional to fulfil his obligation to deliver
or to provide the service under these conditions, in particular in the event that the parcel could not be delivered against
signature on the agreed date for reasons not attributable to the customer
(e.g. delay by the carrier, damage prior to delivery, force majeure).
force majeure),
the consumer may request a refund of the order under the conditions
under the terms of article L. 216-6 of the French Consumer Code
Code, which provides for the possibility of requesting resolution of the
contract
(i.e. cancellation of the sale) if, after having given formal notice to the
to deliver or provide the service within a reasonable additional time, the
within a reasonable additional time, the professional has not complied
within this period. The contract is deemed to have been terminated on receipt by the
of the letter or writing informing him of this resolution, unless the
unless the professional has performed in the meantime.
-
However, the consumer may immediately cancel the contract if
the trader refuses to deliver the goods or provide the service, or
it is obvious that he will not deliver the goods or provide the service, or
service, or where the trader fails to fulfil his obligation to deliver the goods
deliver the goods or provide the service on the date or at the end of the
the expiry of the agreed time limit, and this date or time limit is an essential
an essential condition of the contract. This essential
essential condition arises from the circumstances surrounding the conclusion of the
the conclusion of the contract or from an express request made by the consumer before the
contract.
-
Where the contract is terminated under these legal conditions, the
reimburse the consumer for all sums paid
no later than 14 days following the date
following the date on which the contract was terminated.
5.2 : RETURN POLICY
Provided the customer has not declared the product missing (see
Article 5.1 of the General Rental Conditions),
at the end of the rental period, the customer is entitled to the dates agreed upon
at the time of order and payment,
a period of 24 hours (excluding Sundays and public holidays)
to return the rented product to MATY via a "Chrono Pick up
a "Chrono Pick up" collection point, with the customer's proof of shipment
by the customer.
Contractual penalties will be payable by the customer in the event of delay
attributable to the customer in the return of the product for up to seven (7) days
beyond 24 hours
(see
Article 4.2.1 "Penalties applicable in the event of late return of the rented
rented product"),
delay beyond a period of seven (7) days after the maximum time limit
to return the rented product or non-return of the product attributable to the
customer
(see
article 4.2.2 "Penalties applicable in the event of non-return of the rented
or delay of more than 7 days")
or return of a product that does not conform to its initial condition
before the start of the rental period
(see
Article 4.2.3 "Penalties applicable in the event of non-conforming use
of the rented product").
To return the rented product free of charge at the end of the rental period, the
the customer must use the prepaid "Chronopost" return label
accompanying the parcel at the time of delivery.
To protect the article during transport, the customer must place it
carefully in its original box and then in the return
"Chronopost" return envelope
provided in the parcel at the time of delivery and send it to MATY
via a
Chrono Pick up" collection point.
For better traceability,
please do not send your items via our relay partners
("Mondial Relay" and "So Colissimo") and
do not drop off your item at a jewelry store in the "MATY" network.
In the event of the customer returning the rented product by another
other means of transport, the customer will bear the costs and risks of
transport, being reminded that items can only be returned to us by registered parcel
only by registered parcel or by declared-value shipment over 800€, in accordance
declared value, in accordance with regulations. For your declared-value shipments
value shipments, we can send you, free of charge, on request, the material
the materials you need to assemble your parcel.
ARTICLE 6: LEGAL RIGHT OF WITHDRAWAL
In accordance with the law, the customer has a period of fourteen
(14) days to exercise his or her legal right to withdraw from a contract
contract, without having to justify their decision.
The 14-day period begins, after the lifting of the resolutory conditions
defined in Article 2.2, from the date of validation of the order by the
in accordance with Article 2.3 of the General Rental Conditions,
five (5) days before the start of the rental period, without prejudice to the customer's
without prejudice to the customer's right to cancel the pre-reservation in advance (see
terms and conditions
Article 2.2.1 of the General Rental Conditions).
In order to be able to start rental on the date agreed at the time of
order confirmation,
the customer is requested to expressly accept, by return e-mail to the
MATY" customer service department after receipt of the e-mail confirming
the registration of the pre-reservation, in accordance with Article 2.1 of the General Rental Conditions,
the rental starts before the end of the 14-day cooling-off period, or
days, on the one hand,
and that he waives his legal right of withdrawal once the service has been
fully executed
which corresponds to the end of the rental period agreed at the time of
order confirmation.
In the absence of the customer's agreement to the above, the start of the rental
before the end of the legal 14-day cooling-off period.
days.
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To exercise the right of withdrawal, the customer must notify
MATY, Service Après-Vente, Boulevard Kennedy, 25040 Besançon Cedex 9 ;
e-mail address: maty.com/contact.html; telephone:
09.72.72.00.25 (number not surcharged, price according to operator), his decision
of withdrawal from the present contract by means of a similar unambiguous
unambiguous statement (e.g. letter sent by post or e-mail).
electronic mail). The customer may use
the model withdrawal form
for products rented by MATY, but this is not obligatory. For
for the withdrawal period to be respected, it is sufficient that the customer
is sufficient for the customer to send his or her communication
before the end of the withdrawal period, or before the end of the rental
the end of the rental period if he/she has agreed to the rental starting
before the end of the withdrawal period and has waived his or her legal right
once the service has been fully provided.
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To benefit from the legal right of withdrawal,
the article must then be returned to us (see return procedure in
in Article 5.2 of the
Terms and Conditions) without undue delay and, in any event
in any case,
no later than 14 days after the customer has notified us of his or her
decision to withdraw
of the present contract. This deadline is deemed to have been met if the goods are returned
before the expiry of the 14-day period.
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If the customer withdraws from this contract within the framework of the
right of withdrawal, we will refund all payments received from the customer
received from the customer
without undue delay and, in any event, reimbursement will be made
will be made
no later than 14 days from the date on which we are informed of the customer's
of the customer's decision to withdraw from this contract. We may
defer reimbursement until we have received the goods or until the customer
until the customer has provided proof of shipment of the goods, whichever comes first. We will proceed
refund using the same means of payment as that used for the
used for the initial transaction, unless the customer agrees to another method of payment.
payment method; this refund will not incur any costs for the customer.
customer.
It is reminded that, in accordance with regulations,
the customer is only liable for the depreciation of the good
resulting from handling other than that necessary to establish the
other than those necessary to establish the nature, characteristics and proper
of the good.
For example,
the customer may handle the rented product or try it out with the necessary
during the withdrawal period, but may not wear it.
may not wear it. A discount may be deducted from the trade-in price
in the event of depreciation of the item.
In the event that the customer withdraws from a contract for the provision of services
of a contract for the provision of services, the execution of which has commenced
at the customer's express request, and in any case no later than the end of the rental
the end of the rental period if the customer has agreed that the rental
the end of the withdrawal period and waives the legal right of withdrawal once the
once the service has been fully provided,
he must pay MATY an amount corresponding to the service provided
of his decision to withdraw; this amount is proportional to the total price of the service.
proportionate to the total price of the service
agreed in the contract, in accordance with regulations, without prejudice
the possible application of contractual penalties under the conditions
strictly defined in
Article 4.2 of the General
Terms and Conditions.
ARTICLE 7: LEGAL WARRANTIES
7.1: MATY'S LEGAL WARRANTIES
In the case of rental contracts, the legal warranty of conformity provided for in
articles L. 217-3 et seq. of the French Consumer Code, as well as the legal
warranty for hidden defects under article 1641 of the French Civil Code, do not apply.
Code, do not apply, given that the present rental contract does not
the customer to purchase the product at the end of the rental period.
rental period.
However, in accordance with article 1720 of the French Civil Code, MATY is required to
to deliver the rented product in a good state of repair (see
Article 8 "After-sales service
of any kind within the limits of the nature of the rental service
the nature of the rental service offered, in the case of the rental of used
article 1721 of the French Civil Code, the warranty is due to the customer for all
all faults or defects in the rented product which prevent its use, even if
even if MATY was not aware of them at the time of dispatch to the customer.
MATY is obliged to compensate the customer for losses resulting from defects
defects of the rented product.
7.2 : LEGAL WARRANTIES AND CONDITIONS OF USE FOR WHICH THE CUSTOMER IS RESPONSIBLE
Under article 1728 of the French Civil Code, the customer has two main obligations
obligations:
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1. to use the leased product reasonably and in accordance with the purpose
given to it by the General Rental Conditions, namely the short-term
short-term event rental of pre-owned jewelry;
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2. to pay the rental price according to the terms agreed at the time of
and payment, as well as any penalties that may be due at the end
due at the end of the present contract (in accordance with the conditions
strictly defined in Article 4.2 of the General Rental Conditions).
Terms and Conditions).
Pursuant to Articles 1731 and 1732 of the French Civil Code, the customer is presumed to have
to have received the rented product in good condition and must return it in the same
in the same condition, unless the customer can prove otherwise.
Photographs of the rented product will be taken before shipment and after
return of the product in order to verify that the product returned by the
returned by the customer is in its original condition prior to the start of the
rental. MATY will be able to communicate these photographs to the customer as
in the event of a dispute.
The customer is liable for any damage or loss that occurs during his or her
enjoyment.
The customer is liable not only for damage caused by his own act, but also for damage
but also for damage caused by the acts of persons for whom he is responsible
for whom he is responsible or for things in his care, by virtue of
article 1242 (first paragraph) of the French Civil Code.
In the event that the rented product is worn by a member of the customer's family
event, for example, the customer will be liable to MATY for any loss or
liable to MATY for any damage or loss caused by a third party to the
caused by a third party to the contract.
MATY is also not obliged to guarantee the customer against any disturbance
by third parties.
It is therefore strongly recommended that the customer take out insurance
and civil liability insurance covering any damage
for any damage caused by the customer or a third party to the contract
from the delivery of the rented product until its return, if they do not
if he/she does not already have insurance covering these risks.
The customer is prohibited from subletting all or part of the rented product
or part of the rented product, to transfer it for a consideration or free of charge
lend it to a third party in any form whatsoever, nor may the rented
that the rented product may not be seized insofar as it remains the full
property of MATY until payment of the sale price.
The customer may not repair the rented product or have it repaired.
by MATY exclusively (see following article).
following article).
ARTICLE 8: AFTER-SALES SERVICE
Should the rented product be damaged, the customer must contact
MATY as soon as possible by telephone on 09 72 72 00 25 (number not
number, price according to operator), or they may request a call back using the form
using the form provided(https://www.maty.com/nous-contacter/on-vous-rappelle.html).
Without prejudice to MATY's obligations under the legal warranties
(see
Article 7.1 "MATY's legal warranties" of the General Rental Conditions.
of the General Rental Conditions), MATY will repair or replace the good
replacement of the good as soon as possible.
ARTICLE 9: FEVAD MEDIATION
MATY is a member of the
Fédération du e-commerce et de la vente à distance ("FEVAD"). A
as such,
MATY undertakes to respect its customers in accordance with the FEVAD
FEVAD Professional Code ("Quality Charter")
and adheres to the
e-commerce mediation system. You can consult these provisions on the website
http://www.fevad.com.
In accordance with the provisions of the French Consumer Code concerning the
amicable settlement of disputes,
for disputes relating to distance contracts, MATY
subscribes to the FEVAD consumer ombudsman service
whose contact details are as follows Consumer Mediator
FEVAD - BP 20015 - 75362 PARIS CEDEX 8 - - FRANCE
http://www.mediateurfevad.fr.
After the consumer has made prior written representations to MATY, the
the FEVAD Consumer Mediation Service may be contacted for any consumer dispute
consumer dispute relating to a distance-selling service for which a settlement
which has not been settled. To find out how to contact
click
here.
ARTICLE 10: APPLICABLE LAW AND JURISDICTION
The General Rental Conditions and the contractual relationship
are governed by French law, subject to any mandatory provisions
in the consumer's country.
Any dispute will be brought before the competent courts in accordance with the rules of
common law (or private international law).