Mes-Pochoirs.com General Terms and Conditions of Sale (GTCS)
Article 1: Scope and general information
1.1 These General Sales Conditions (hereafter referred to as "GSC") apply to all sales of products and services made via the Mes-Pochoirs.com website, between the company Mes-Pochoirs.com (hereafter referred to as "the Seller") and any buyer (hereafter referred to as "the Customer").
1.2 The purpose of the GCS is to define the contractual relationship between the Vendor and the Customer as well as the conditions applicable to any purchase made through the Mes-Pochoirs.com merchant site, whether the Customer is a professional or a consumer.
1.3 The purchase of a good or service through this site implies unreserved acceptance by the Customer of these GTC.
1.4 These GTC shall prevail over any other general or special conditions not expressly approved by the Seller.
1.5 The Seller reserves the right to modify its GTC at any time. In this case, the applicable conditions will be those in force on the date of the Customer's order.
Article 2: Products and Services
2.1 The products and services offered are those listed in the catalogue published on the Mes-Pochoirs.com website.
2.2 These products and services are offered while stocks last.
2.3 Each product is accompanied by a description drawn up by the supplier.
2.4 The photographs in the catalogue are as accurate as possible but cannot guarantee perfect similarity with the product offered, particularly as regards colours.
Article 3: Prices
3.1 The prices shown in the catalogue are inclusive of VAT in euros, applicable on the date of the order; any change in the rate may be reflected in the price of the products or services.
3.2 Mes-Pochoirs.com reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalogue on the day of the order will be the only one applicable to the Customer.
3.3 The prices indicated on the Mes-Pochoirs.com website are in euros and do not include delivery costs. Delivery costs, calculated according to the destination and weight of the parcel, will be added to the total amount of the order and clearly indicated before the purchase is finalised.
3.4 Mes-Pochoirs.com is pleased to offer free shipping on all orders up to or over a certain amount, as specified on our website. This offer is automatically applied at the time of order when the required conditions are met. Please note that this offer may be subject to geographical restrictions or changes according to our commercial policy.
3.5 Our company, based in France, is proud to offer shipping to many countries around the world. It is encouraging to note that most of these countries have duty free agreements with France, allowing duty to be waived up to a certain value threshold. This means that for many orders, no additional customs charges or other local taxes (such as VAT or import duties) will be applied.
For shipments to countries outside the European Union, it is important to note that customs charges or other local taxes may apply above a certain exemption threshold.
These additional costs, which are not included in the prices displayed on our site, will be borne exclusively by the customer, in accordance with our charter. We encourage our customers to check with the customs authorities for any additional charges, which depend on the regulations in force in the destination country. Mes-Pochoirs.com is not responsible for these additional costs.
Article 4: Ordering
4.1 To make a purchase on Mes-Pochoirs.com, the following online ordering process must be followed by the Customer:
a) Selecting products or services: The Customer chooses the products or services they wish to purchase by adding them to their virtual basket.
b) Entering information: The Customer must then provide or confirm the information required for delivery and invoicing, such as the delivery address, delivery method and contact details.
c) Reviewing and validating the order: Before proceeding with payment, the Customer has the opportunity to check the details of their order and the order total, and to correct any errors.
d) Payment: The Customer then pays for their order using one of the payment methods offered on the site. Secure online payment is confirmed by a validation page.
e) Order confirmation: Once payment has been made, the Customer will receive an order confirmation by e-mail, summarising the items purchased, the total amount paid and delivery details.
4.2 Confirmation of the order implies acceptance of these GCS, acknowledgement of having full knowledge of them and waiver of the right to invoke its own conditions of purchase or other conditions.
4.3 All the data supplied and the recorded confirmation will be deemed proof of the transaction. Confirmation will be considered as signature and acceptance of the operations carried out.
4.4 The seller will send an e-mail confirming the order recorded.
Article 5: Payment
5.1 Terms of payment: Payment is due in full at the time the order is placed. The order will only be considered valid and processed once payment has been received and confirmed.
5.2 Payment Options: Mes-Pochoirs.com offers several payment options to facilitate the purchase. Customers can choose from various methods such as credit card, electronic payment, or other online payment methods available on our site.
5.3 Transaction Security : Transactions carried out on Mes-Pochoirs.com are secured by the SSL (Secure Socket Layer) protocol, guaranteeing the confidentiality and security of data transmitted during online payment.
5.4 Order Confirmation and Invoicing: Once payment has been confirmed, the Customer will receive an order confirmation, indicating that the order has been successfully registered. A detailed invoice including order information, amount paid and billing details will also be provided.
Article 6: Delivery
6.1 Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area.
6.2 Liability in the event of damage: Although we take great care to pack our products, particularly stencils in rigid tubes to ensure their protection, it may happen that packages are damaged during transport. The risks associated with transporting the items ordered are borne by the customer as soon as they are picked up by the carrier. If any damage is noted on receipt of the parcel, it is imperative that the customer makes clear and detailed reservations with the carrier at the time of delivery. Without these reservations, no recourse can be exercised against our company. However, Mes-Pochoirs.com undertakes to accompany and assist the customer in the steps to be taken with the carrier to best resolve any situation of this type.
6.2 bis - Proof of Delivery: All shipments made by Mes-Pochoirs.com include tracking provided by the carrier. Proof of delivery may include
- a "delivered" status recorded in the carrier's tracking system;
- a signature from the recipient or a person present at the delivery address ;
- a photograph of the parcel at the place of delivery (if available);
- geolocation of the drop-off point.
All delivery confirmations issued by the carrier will be considered as sufficient proof of deliveryunless the customer provides a formal and verifiable proof to the contrary.
6.2 ter - Signature and identity of receipt: In the case of deliveries requiring a signature, the name or identifier affixed must reasonably correspond to that of the Customer or to that of a known occupant to the delivery address.
If the Customer disputes the validity of the signature recorded by the carrier (e.g. : unknown name, unusual forename, inconsistent initials or fictitious signature), Mes-Pochoirs.com may consider this proof to be invalid.provided that :
- the signature does not match the Customer's name or that of a known cohabitant,
- and no neighbour, guardian or authorised third party cannot be identified as a legitimate recipient.
In this case, a internal investigation may be opened. The Customer may be asked to provide :
- a signed declaration of honour certifying non-receipt,
- a copy of a valid identity document,
- and, if possible, a certificate or non-distribution report issued by the carrier (UPS, La Poste, etc.) or a competent authority.
If any objective anomalies are observed - such as a inconsistent signaturea address discrepancyor suspicious delivery times -, Mes-Pochoirs.com may, at its sole discretion, offer a commercial solution on an exceptional basiswith no admission of liability.
This solution may take the form of :
- or a voucher can be used for an unlimited period.
- a free return,
- a reimbursement,
6.3 Deliveries in France: The delivery times indicated for France are given for information only. If delivery is not made within 30 days of the order date, the customer may request a refund.
6.4 Deliveries within the European Union: Delivery times for European Union countries are also indicative. A refund may be requested if delivery exceeds 45 days after the order date.
6.5 International deliveries: For deliveries outside the European Union, delivery times, although indicative, are generally longer. Customers may only request a refund after a period of 60 days from the date of the order. In addition, for shipments to countries such as the United Kingdom and Switzerland, customs duties or other local taxes may apply above a certain exemption threshold. These additional costs, which are not included in the prices displayed on our site, will be borne exclusively by the customer. We strongly encourage you to check with the local customs authorities for detailed information on potential additional charges, which depend on the regulations in force in the destination country. Mes-Pochoirs.com is not responsible for these additional costs.
6.6 Handling claims for non-receipt: All our deliveries are made using a tracking service. In the event of a claim for non-receipt, Mes-Pochoirs.com will refer to the tracking information sent by the carrier. If the tracking indicates that the parcel has been delivered, this confirmation will constitute a sufficient proof of proper execution of the order.
If the carrier confirms delivery (with or without signature), this confirmation will be deemed to be valid proof of delivery.
If the Customer disputes the delivery, they must inform Mes-Pochoirs.com within five (5) working days from the date indicated as "delivered" by the carrier.
For the investigation to be opened, the Customer must send the following documents:
- a signed declaration of honour certifying non-receipt,
- a copy of an official identity document,
- and, if possible, a certificate or statement from the carrier or relay point confirming the absence of a discount.
Mes-Pochoirs.com may, at its sole discretion, initiate an internal investigation. For the duration of this investigation (7 to 14 working days), no refund or replacement may be requested.
The survey may include, among others:
- the verification of GPS data, signature and time of delivery,
- the comparison of the Customer's declarations with information from the carrier's tracking system,
- the consultation with relay point staff or neighbours mentioned in the delivery details.
In the absence of a formal error by the carrier or clear evidence of non-delivery, no compensation will be granted. However, in the event of reasonable doubt (inconsistent signature, lack of photographic evidence, ambiguous delivery details), Mes-Pochoirs.com will be able to offer a commercial solution on an exceptional basis, with no admission of liability.
This solution may take the form of :
a partial reimbursement,
a voucher,
or a returning the parcel,
and will be limited to one case per customerto prevent abuse.
6.6 bis - Dispute notification: Any dispute relating to a delivery declared as "made" by the carrier must be notified to Mes-Pochoirs.com within five (5) working days following the date indicated as delivered in the carrier tracking.
Complaints should be sent to :
- by email to contact@mes-pochoirs.com
- or via the contact form available on our website.
The Customer must provide the following information:
- the order number concerned,
- a detailed description of the problem encountered (for example: signature unknown, parcel not found, delivery to an unidentified location, neighbour questioned, etc.),
- as well as any document or photo deemed useful to open an investigation (e.g. tracking screen capture, relay point certificate, testimonial).
If these items are not received by the deadline, no claim can be processedexcept in exceptional and justified circumstances.
6.7 - Investigation procedure and processing times: In the event of a serious dispute regarding delivery (signature not recognised, absence of GPS data, obvious inconsistencies between the carrier's information and the reality reported by the Customer), an investigation will be carried out. the carrier may be formally investigated by Mes-Pochoirs.com. This procedure may require a processing time of seven (7) to fourteen (14) working days.
During this period, no claim for reimbursement or replacement will be accepted. At the end of the survey :
- If a delivery error is formally established, Mes-Pochoirs.com will offer a replacement, a credit note or a full refund.
- If no anomaly is identified, the carrier's confirmation will be considered as definitive proof of good performance.
6.7 bis - Compensation in the form of a credit note (shop credit): In situations where an order is confirmed as delivered by the carrier, but is declared as not received by the Customer, and in the absence of formal proof of an error or fault attributable to the carrier, Mes-Pochoirs.com may offer, as a commercial gesture, a credit (shop credit) equivalent to the amount of the order.
This asset is usable for an unlimited period on the site's entire catalogue.
This type of compensation allows the Customer to benefit from a fair solution when the responsibility of the carrier or the consignee cannot be established with certainty.
The Customer retains the right to refuse the credit note, in which case no refund will be given without new proof or a court ruling to the contrary.
This clause does not apply in cases covered by the right of withdrawal, or products that are not in conformity or are damaged, which will be reimbursed in accordance with articles 7 and 8.
6.7 ter - Customer confidence
If a regular customer - i.e. a customer who has made at least three (3) previous orders without incident - indicates a unresolved delivery dispute, Mes-Pochoirs.com may, exceptionally, offer a commercial gesturewith no admission of liability.
This gesture may take the form of :
- a have access to the entire site,
- a free return of the order,
- or a partial or total reimbursement,
depending on the circumstances, and at the sole discretion of Customer Services.
This provision aims to rewarding the loyalty and good faith of our customersThis ensures that disputes are handled fairly and under control.
6.8 - Combating abuse and fraudulent claims: Any attempt at fraud or abuse of procedure (in particular, false declarations of non-receipt, improper use of chargebacks, etc.) is strictly prohibited. friendly fraud) may result in :
- the reporting to the payment platform used (such as Stripe, PayPal, Visa, etc.);
- the temporary or permanent suspension of the customer account concerned ;
- or even legal proceedings in the event of repeated or proven acts.
Mes-Pochoirs.com reserves the right to refuse any new order from a customer who has behaved in a manifestly abusive manner.
Article 7: Guarantee
7.1 Legal Guarantees All products sold by Mes-Pochoirs.com benefit from the legal guarantee of conformity, which covers defects in the conformity of the product with the order, and the guarantee against hidden defects, which covers hidden defects making the product unfit for the use for which it is intended, in accordance with articles 1641 and following of the Civil Code.
7.2 Procedure in the event of non-compliance Mes-Pochoirs.com : If a product sold presents a defect of conformity or a hidden defect, the customer has the possibility of returning it to Mes-Pochoirs.com. Depending on the situation, the product may be exchanged, repaired or refunded in full, including return postage.
7.3 Complaints procedure All complaints, requests for exchange or refund must be sent via our contact form accessible by e-mail. Customers are invited to use this method for rapid and efficient communication. This procedure must be carried out within a period consistent with the withdrawal periods mentioned in article 8 of these General Terms and Conditions of Sale.
7.4 Artistic character of the products The stencils sold on Mes-Pochoirs.com are artistic creations and may therefore have unique characteristics and intentional variations. These characteristics, resulting from a deliberate artistic choice, are not considered defects of conformity or hidden defects. Complaints based solely on these artistic characteristics will not give rise to a return, exchange or refund.
7.5 Exclusions from the Guarantee Stencils shipped in tubes may be slightly deformed during transport. It should be noted that this deformation is temporary and that the stencils generally recover over time. Consequently, slight deformation on receipt is not considered to be a defect in conformity and is excluded from the guarantee.
7.6 Limited Warranty for Deformation Mes-Pochoirs.com excludes from the guarantee any claim concerning the fact that a stencil is not perfectly flat when received. This exclusion is due to the nature of the material and the shipping method.
7.7 Duration of the Guarantee The warranty offered on Mes-Pochoirs.com products is limited to a period of 30 days from the date of receipt of the product by the customer. After this period, no recourse under the warranty is possible.
Article 8: Returns and Withdrawal Policy
8.1 In accordance with the provisions of article L.121-21 of the French Consumer Code, the Customer has a statutory withdrawal period of fourteen days from the date of delivery of their order to return the product to the seller for exchange or reimbursement without penalty, with the exception of the cost of returning the product.
8.2 However, at Mes-Pochoirs.com we want to provide our customers with an exceptional shopping experience. Therefore, we voluntarily extend this period to thirty days after delivery, to allow our customers to think about their purchase with complete peace of mind.
8.3 The returned product must be in its original condition and complete (packaging, accessories, instructions, etc.) to enable it to be remarketed as new, and accompanied by a copy of the purchase invoice for optimum management.
8.4 Return Costs: In case of withdrawal, the cost of returning products are the sole responsibility of the customer. These costs will not be reimbursed by Mes-Pochoirs.com. It is the customer's responsibility to ensure that the returned product arrives at Mes-Pochoirs.com in its original condition and without damage.
8.5 Refusal of the parcel: In the event of refusal of the parcel with the delivery, the customer will be refunded the amount of the order, deduction made of the forwarding costs and the expenses of return. This measure is intended to cover the logistical costs incurred by Mes-Pochoirs.com for the dispatch and return of the parcel. The refund will be made within 14 days of receipt of the refused parcel, after verification of its integrity.
8.6 - Returns impossible in the event of a lost or untraceable parcel: In the event of a delivery declared "made" by the carrier but not received according to the customer, and if the parcel can no longer be located, Mes-Pochoirs.com will assess the situation following the logistics survey provided for in Article 6.7.
If the loss of the parcel is confirmed or highly probable, a replacement will be offered as the preferred solution, except in the case of obvious suspicion of fraud or a conflict of address provided.
At the Customer's request, a replacement will be offered as the preferred solution - unless there is clear evidence of fraud or a conflict of address. At the Customer's request, a full refund may be considered, unless the cost of the refund is manifestly disproportionate to that of the replacement.
Article 9: Liability
9.1 In the online sales process, the seller is bound only by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.
9.2 The products offered comply with current French legislation. The seller may not be held liable in the event of non-compliance with the legislation of the country where the product is delivered.
9.3 - Liability in the event of Confirmed Delivery
Once delivery has been confirmed by the carrier to the address provided by the customer, the order is considered to have been fulfilled.
In this case, Mes-Pochoirs.com cannot be held responsible in the event of loss, theft or non-receipt occurring after confirmation of delivery, unless the customer provides formal and verifiable proof of an error or fault on the part of the carrier (such as a fraudulent signature, incorrect delivery address or falsified tracking).
In the event of suspected theft or misdistribution, it is the customer's responsibility to contact the relevant local authorities and/or the carrier to initiate an investigation.
Mes-Pochoirs.com remains available to cooperate in good faith within the framework of this procedure.
Article 10: Intellectual property
10.1 All elements of the Mes-Pochoirs.com website are and remain the exclusive intellectual property of Mes-Pochoirs.com. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or audio.
10.2 Any simple or partial reproduction of any element of the site without the express authorisation of the site owner is strictly prohibited and may constitute an infringement punishable by articles L.335-2 et seq. of the French Intellectual Property Code.
10.3 Artists are permitted to sell works of art that they have created by hand using stencils purchased from Mes-Pochoirs.com. They may also sell art prints made from these works, for example by photographing their manual creations and offering these images as prints. However, it is strictly forbidden for artists to create digital works using the stencil images available on our site. This restriction is in place to safeguard the integrity and intellectual property rights associated with our stencil designs.
10.4 Although the marketing of original works and their art prints is encouraged, the use of the images of our stencils for the creation of digital works is formally prohibited. This measure aims to preserve the exclusivity and artistic value of the stencils offered by Mes-Pochoirs.com.
10.5 It is also strictly forbidden to reproduce, create or sell stencils that are copies or derivatives of the models offered by Mes-Pochoirs.com. The purpose of this prohibition is to protect our original creations and the related intellectual property rights. Any breach of this rule is liable to prosecution.
10.6 This clause guarantees that the stencils sold by Mes-Pochoirs.com remain unique and exclusive, preventing the unauthorised manufacture and marketing of derivative products that could undermine the originality and value of our products.
Article 11: Force Majeure
11.1 The seller's performance of all or part of its obligations will be suspended in the event of force majeure which prevents or delays performance. The following are considered as such, without this list being exhaustive: war, riots, insurrection, social unrest, strikes of any kind and problems with the seller's supplies.
11.2 The seller will inform the customer of any such case of force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the customer will then have the option of cancelling the order in progress, and will then be reimbursed in accordance with the conditions set out in article 7.
Article 12: Settlement of disputes
12.1 Amiable Resolution For any minor dispute or disagreement regarding an order, product or service from Mes-Pochoirs.com, we encourage our customers to first contact our customer service department. We strive to resolve these issues quickly and satisfactorily through communication and amicable negotiation.
12.2 Major Litigation In the event of a major dispute that cannot be resolved amicably, these General Terms and Conditions of Sale shall be governed by French law. Jurisdiction is attributed to the competent courts of the town closest to the seller's registered office, notwithstanding multiple defendants or the introduction of third parties.
12.3 Limitation of liability Mes-Pochoirs.com cannot be held responsible for damages of any kind, whether material, immaterial or physical, which may result from the malfunction or improper use of the products sold.
Article 13: Final provisions
13.1 If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a definitive decision by a competent court, the other stipulations will retain all their force and scope.
13.2 The present general conditions of sale and the contractual relations between Mes-Pochoirs.com and the purchaser are governed by French law, to the exclusion of any other law.
13.3 Mes-Pochoirs.com reserves the right to modify these terms and conditions of sale at any time. The new GCS will be, if necessary, brought to the knowledge of the customer by modification on line and will be applicable only to the sales carried out after the modification.