GENERAL CONDITIONS OF SALE FOR SALE TO CONSUMERS AND NON-PROFESSIONALS
Version applicable on 1 February 2019
ARTICLE I – SCOPE
These general conditions of sale (hereinafter the "GTC") apply to any order placed on the website http://www.calmosabricos.com (hereinafter the "Site") for a product offered at the sale on this Site (hereinafter the "Product(s)") by a consumer or a non-professional within the meaning of the introductory article of the Consumer Code (hereinafter the "Customer (s)”) with the micro-enterprise CALLABRIA, SIRET 840 767 974 00016, domiciled at 69 rue Chardon Lagache - 75016 Paris (hereinafter “CALMOS ABRICOS”).
Any derogating conditions not expressly accepted by CALMOS ABRICOs are unenforceable against it. The use of the Site is reserved for people with the legal capacity allowing them to place an order on the Site, the cost of the Internet connection and the equipment remains required to access the Site being the responsibility of the Customer.
CALMOS ABRICOS reserves the right to make any changes to the GCS, the applicable version being that in force on the day the order is placed on the Site by the Customer.
ARTICLE II – PRODUCTS
The Products offered for sale on the Site are presented as accurately as possible. CALMOS ABRICOs takes the greatest care in the presentation and description of its Products to optimize Customer information. The photographs and graphics presented on the Site are however not contractual and do not engage the responsibility of CALMOS ABRICOS. The Products on the Site comply with the French legislation in force. Photos are for illustrative purposes. Customers should refer to the description of each Product to find out its precise characteristics. In case of doubt or for additional information, the Customer will contact the customer service of CALMOS ABRICOs at the contact section available on the site.
CALMOS ABRICOS reserves the right, without notice, to modify the characteristics and specificities of its Products and to suspend the sale thereof, without any compensation being claimed by the Customer.
ARTICLE III – REGISTRATION ON THE SITE / ACCOUNT CREATION
The Customer undertakes to read and accept the Privacy Policy of CALMOS ABRICOS accessible on the Site concerning the processing of personal data.
ARTICLE IV – ORDER
To place an order for Products on the Site, the Customer must fill in the information necessary for its execution. The information he enters must be exact and complete and engages his sole responsibility.
Before the final validation of the order and its payment, a summary of the order is submitted to the Customer. In the event of an error, he may modify the order. It is therefore up to the Customer to verify, under his own responsibility, the accuracy of the order. The choice and purchase of a Product is the sole responsibility of the Customer, particularly in terms of the relevance of the purchase in relation to his needs.
The final validation of the order assumes the prior and unreserved acceptance by the Customer of the GCS, which he acknowledges having read and which he accepts by proceeding to payment.
The GCS prevail over previous versions and specifications issued by the Customer not expressly accepted by CALMOS ABRICOS.
CALMOS ABRICOS reserves the right to refuse any order from a Customer with whom there is a dispute or non-payment of invoice. Contractual information relating to orders is in French and is archived by CALMOS ABRICOs for ten (10) years.
The order is firm for the Customer from its final validation manifested by clicking on the button "Confirm and pay for your order", without prejudice to the right of withdrawal open to consumer Customers.
In the event of an order for a Product that has become unavailable, the Customer will be informed as soon as possible. The order may then be cancelled. A new delivery date may also be offered to the Customer subject to the later availability of the Product.
ARTICLE V – PRICES
The prices of the Products indicated on the Site are in euros, all French taxes included (French VAT and other applicable taxes) and do not include any delivery costs (see article VII – delivery)._cc781905-5cde-3194-bb3b- 136bad5cf58d_
CALMOS ABRICOS reserves the right, without notice, to modify the prices of the Products. The applicable prices are those indicated at the time of validation of the order by the Customer.
ARTICLE VI – PAYMENT
Payment is made in euros when ordering. by credit card (Credit card, Visa, Mastercard) via the “Stripe” payment system. In case of refusal of these centers, the order will be automatically cancelled.
Any late payment will automatically result in the payment, by the Customer, of a late payment penalty corresponding to three times the legal interest rate, applied to the unpaid amount under the conditions of article L 441-6 of the Code of trade, in addition to damages corresponding to any additional damage.
CALMOS ABRICOS retains ownership of the goods sold until full payment of the price, principal and accessories, and may suspend, refuse or cancel any order in the event of non-payment.
ARTICLE VII – DELIVERY
VII.1. Delivery costs and times. The costs and delivery times are communicated to the Customer before validation of his order. The costs are indicated in euros including tax. For metropolitan France the delivery costs are three euros and fifty cents (€3.50) for any order of less than forty euros (€40) of purchase, the delivery costs are free for any order beyond forty euro (40€). For the rest of the world the delivery costs are 5 euros (5 €) for any order less than sixty euros (60 €) and free for orders beyond this amount. For deliveries outside mainland France, the Customer agrees to pay all import taxes, customs duties, value added tax, and all other taxes due under the laws of the country in which the order is received. .
Delivery times run from the order confirmation email and may be extended if the Products are no longer in stock for a period which will be notified to the Customer by email. All shipments are announced by sending an email.
If the dates of availability of the Products of an order are different, the delivery times are set to the longest period. Delivery will take place on the date of availability of all the Products ordered .
In accordance with the provisions of article L.216-2 of the Consumer Code, in the absence of delivery of the Products by CALMOS ABRICOs within the period initially planned, the Customer has the option of enjoining CALMOS ABRICOs to deliver the Products ordered within a reasonable additional time by registered letter with acknowledgment of receipt. If the Products are not delivered within this new period, the Customer may cancel their order by registered letter with acknowledgment of receipt, except in the event of force majeure.
VII.2. Terms of delivery. Delivery will be made by the carrier chosen by CALMOS ABRICOS. Deliveries are made only on working days. The Products are delivered to the delivery address provided by the Customer when ordering. Unless specified by the Customer of a different delivery address, the delivery address of the Products will be the postal address provided by the Customer during payment.
The Customer must expressly communicate all useful information for the delivery, such as the access codes, the floor and the building. The carrier is mandated to deposit the packages in the Customer's mailboxes. If the building presents difficulties of access, these must imperatively be mentioned during the order to inform the carrier.
The Customer is responsible for the address communicated to CALMOS ABRICOS. The contact details entered must be clear, precise and complete, in particular the building number or locality, in order to allow delivery under normal conditions.
CALMOS ABRICOs cannot be held responsible for delays and returns of delivery due to an error of address or an impossibility for the carrier to deliver the order to the address indicated. In order to optimize the delivery, the Customer is invited to mention an address to which the order can be delivered during working hours.
In the event of the Customer's absence on delivery, a transit advice note is issued. In the event of an incorrect address, a refused package, the impossibility of delivering the Products or if the Customer does not come to collect his order, the Products will be reshipped to CALMOS ABRICOS. These may be delivered again at the Customer's request, which will give rise to the payment of additional delivery costs of €9.90 including tax.
ARTICLE VIII – ACCEPTANCE AND COMPLAINTS
Each delivery is deemed to have been made as soon as the Product is made available to the Customer by the carrier, materialized by the control system used by the carrier.
The Customer must carry out, upon delivery, all examinations to detect any defects or other apparent defects or non-compliance of the Products delivered to his order. This control must relate to the quantities and the condition of the Products delivered. The Customer must in particular check the condition of the packaging and the Products in terms of their quantities, their references, their condition and their characteristics.
In the event of a complaint, the Customer must inform CALMOS ABRICOs on the site under the "contact" section.
The Customer must be able to provide any justification as to the reality of the claims invoked and leave CALMOS ABRICOs every facility to proceed with their observation.
Complaints accepted by CALMOS ABRICOs will give rise to the exchange of the Product concerned, or to its reimbursement in the event of unavailability of the Product in stock.
The costs of reshipping the returned Products will be borne by the Customer. For the return to be accepted, the returned Product must be in perfect condition, labeled, unworn and unwashed. No spontaneous returns will be accepted.
ARTICLE IX – RIGHT OF WITHDRAWAL FOR THE CONSUMER CUSTOMER
The consumer Customer, to the exclusion of the non-professional Customer, within the meaning of the introductory article of the Consumer Code, benefits from a right of withdrawal which he can exercise within 14 days of the conclusion of the contract or of the date on which the consumer Customer or a third party other than the carrier and designated by the Customer takes physical possession of the Product. As such, the consumer Customer has a period of time to return any Product, without having to give a reason, and request a refund without penalty, with the exception of the return costs which remain the responsibility of the Customer._cc781905-5cde- 3194-bb3b-136bad5cf58d_
Only Products in their original condition and packaging, labelled, unworn and unwashed as well as their purchase invoice, may be returned under the exercise of the right of withdrawal. However, the responsibility of the Consumer Customer is only engaged with regard to the depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these Products.
To exercise the right of withdrawal, the Customer must notify CALMOS ABRICOs by email calmosabricos@gmail.com of their decision to withdraw from the contract by means of an unambiguous statement. The Customer can use the model withdrawal form below.
The Customer can also contact the CALMOS ABRICOS customer service on the site under the heading "contact" which will confirm the procedure to be followed.
In the event of withdrawal, CALMOS ABRICOs will refund (price of the Products and delivery costs) using the same means of payment as that used for the initial transaction. This refund will not incur any costs for the Customer. The Customer must return the goods to CALMOS ABRICOs at the latest 14 days after having communicated to CALMOS ABRICOs its decision to withdraw. The Customer will bear the cost of returning the Product.
MODEL WITHDRAWAL FORM
For the attention of the Customer Relations Department: CALMOS ABRICOS 69 rue Chardon Lagache - 75016 Paris, calmosabricos@gmail.com
I hereby notify you of my withdrawal from the contract relating to the sale of the property below:
Ordered on:
Received on:
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
Date :
In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the supply of goods made to the consumer's specifications or clearly personalized, i.e. products made on- measure.
ARTICLE X – LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE AGAINST HIDDEN DEFECTS
In the case of a delivery in France, CALMOS ABRICOs is bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-14 of the Consumer Code, with regard to the contractual relations between CALMOS ABRICOs and the consumer Customer, within the meaning of the introductory article of the Consumer Code, and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code, under the following conditions: _cc781905 -5cde-3194-bb3b-136bad5cf58d_
It is recalled that within the framework of the legal guarantee of conformity, the Consumer Customer has a period of two (2) years from the delivery of the Products to act against CALMOS ABRICOS: he can choose between the repair or replacement of the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code and is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following delivery of the Product. For Products sold second-hand, this period is set at 6 months.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.
The Customer may decide to implement the guarantee against hidden defects in accordance with article 1641 of the Civil Code by choosing between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
The legal guarantee of conformity is governed in particular by articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code which are reproduced below:
Article L. 217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code: “The property complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
Article L. 217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article L. 217-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a discount in a condition covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
The Customer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code by choosing between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Article 1641 of the Civil Code provides that "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer does not would not have acquired it, or would have given only a lesser price for it, if he had known them".
Article 1648 paragraph 1 of the Civil Code provides: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
For the application of the aforementioned guarantees, the Customer must inform CALMOS ABRICOs of the non-conformity or the existence of hidden defects of the Products within the time limits referred to above and return to CALMOS ABRICOs the defective Products in the state in which they were received with all the elements at: Camille Mallet, 69 rue Chardon Lagache - 75016 Paris.
If the Product is returned, the Customer must ensure that its condition conforms to that in which it was received, labeled, unworn and unwashed.
ARTICLE XI – INTELLECTUAL PROPERTY
The general structure, editorial content, images, sounds, videos, multimedia supports, texts, photographs, drawings, icons, names, logos, brands, corporate names, distinctive signs, the Products and all other elements present on the Site are protected by copyright and/or design and model law and/or trademark law, and/or related rights in France and abroad , as well as applicable international conventions.
Trademarks and/or copyright and/or design rights that do not belong to CALMOS ABRICOS and that appear on the Site are the property of their respective owners.
Any unauthorized reproduction or representation, even partial, of the Site or of all or part of the elements found on the Site or of the Products without the prior written authorization of the holder of the intellectual property right constitutes the civil and criminal offense of counterfeiting_cc781905- 5cde-3194-bb3b-136bad5cf58d_
ARTICLE XII – DATA CONFIDENTIALITY / PERSONAL DATA
The methods of processing and collecting Customers' personal data are indicated in the Privacy Policy accessible on the Site, which the Customer undertakes to consult and validate.
Article XIII – OBLIGATIONS OF THE PARTIES ON THE USE OF THE SITE
XIII.1. Navigation on the Site is the sole responsibility of the Customer.
The Customer undertakes to guarantee and indemnify CALMOS ABRICOs against any damage, complaint or request from third parties following the use of the Site, including lawyers' fees and court costs.
XIII.2. CALMOS ABRICOs undertakes, within the framework of an obligation of means, to make its best efforts to ensure the proper functioning of the Site and the accuracy of its information. CALMOS ABRICOs will endeavor to keep the Site accessible but is under no obligation to do so. CALMOS ABRICOs may therefore interrupt access to the Site, in particular for reasons of maintenance, correction and upgrading. Access may also be interrupted for any other reason, in particular technical or legal.
CALMOS ABRICOS reserves the right to stop editing and therefore close the Site.
ARTICLE XIV – LIMITATION OF LIABILITY AND WARRANTY
XIV.1.CALMOS ABRICOs is not responsible for failures in the performance of the Site and modifications to the Site which may occur, taking into account in particular the quality of the Internet network and/or technical configurations.
Within the limits of the regulations in force, CALMOS ABRICOs is not responsible for the quality and compatibility of the Site for the specific uses that Customers make of it.
CALMOS ABRICOs cannot be held responsible: for interruptions of access to all or part of the Site during operations to correct, update or maintain the Site and for any damage resulting therefrom for the Customer; breakdowns, errors, computer viruses which could hinder the continuity of access to its Site or in respect of malfunctions in the Customers' computer installation following access to the Site._cc781905-5cde-3194-bb3b- 136bad5cf58d_
It cannot therefore be held liable for compensation for direct or indirect damage that may be linked to the use of, access to its Site or the downloading of elements stored on the Site (images, texts, video files, etc. ...).
XIV.2. The Customer undertakes to respect the recommendations and indications appearing on the composition and maintenance labels of the Products ordered and acknowledges that any liability or guarantee of CALMOS ABRICOs will be excluded in the event of damage related to un- compliant.
The responsibility of CALMOS ABRICOS is also excluded in the event of misuse, negligence or lack of maintenance of the Product on the part of the Customer, as well as in the event of normal wear and tear of the Product, fault or fact totally attributable to the Customer or to a third party.
In the event that CALMOS ABRICOs is held liable, compensation will only apply to direct, personal, certain and foreseeable damages, excluding all indirect damages.
The responsibility of CALMOS ABRICOS will, in any event, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the Products._cc781905-5cde -3194-bb3b-136bad5cf58d_
CALMOS ABRICOs cannot be held responsible for the non-performance of the contract concluded in the event of force majeure, within the meaning in particular of article 1218 of the Civil Code and the definitions adopted by case law.
Article XV – PROOF
The archiving of communications and order confirmations is carried out on a reliable and durable medium which can be produced as evidence between the parties.
The archiving of communications and order confirmations will prevail between CALMOS ABRICOs and the Customer, as will the automatic recording systems used on the Site, in particular as to the nature and date of the order.
Article XVI – MEDIATION FOR RELATIONS WITH CONSUMER CLIENTS
In the event of a dispute, the Customer must first contact CALMOS ABRICOs in order to try to find an amicable solution by contacting its customer service department under the customer service section available on the site.
In the event of failure of the complaint to customer service or in the absence of a response within a period of 2 months, the consumer Customer, to the exclusion of the non-professional Customer, within the meaning of the introductory article of the Code of consumption, may have recourse to a consumer mediator with a view to the amicable resolution of the dispute under the conditions provided for in Title I of Book VI of the Consumer Code or to any alternative method of dispute resolution._cc781905-5cde-3194- bb3b-136bad5cf58d_
ARTICLE XVII – OPPOSITION TO THE SENDING OF NEWSLETTER
The consumer Customer, to the exclusion of the non-professional Customer, within the meaning of the introductory article of the Consumer Code who does not wish to be the subject of newsletters by email may oppose it by clear message sent to calmosabricos@ gmail.com.
ARTICLE XVIII – DISPUTE
Only the French version of the T&Cs is authentic.
The GCS, the orders placed in application and the relations with the users of the Site and Customers are governed by French law. The T&Cs will be executed and interpreted in accordance with French law.
The language of this contract is French.
In case of disputes, the French courts will have sole jurisdiction.