Caldeira House
(www.maisoncaldeira.com)
Article 1. Definition of the parties
These General Conditions of Sale for online sales are concluded between:
The company BEATRICE CALDEIRA (“MAISON CALDEIRA”) , a Limited Liability Company with capital of 30,000 euros, registered in the Perpignan Trade and Companies Register under number 893 930 016, with registered office at 5 PL GAMBETTA in PERPIGNAN (66000),
Hereinafter the Seller,
And
Any non-commercial natural person wishing to make a purchase on the site www.maisoncaldeira.com, (the “Site”),
Hereinafter the Buyer,
Article 2. Purpose
The purpose of these General Terms and Conditions of Sale for online sales (the "GTC") is, on the one hand, to inform any potential buyer of the terms and conditions under which the Seller proceeds with the sale and delivery of the products ordered on the site and, on the other hand, to define the rights and obligations of the parties in the context of the sale of the products by the Seller to any consumer called the Buyer.
The fact that the Buyer orders a product offered for sale on the MAISON CALDEIRA website implies full and complete acceptance of these General Terms and Conditions of Sale, which the Buyer acknowledges having read prior to placing his order.
The Seller reserves the right to modify the General Terms and Conditions at any time and without notice, it being specified that those applicable to the sale are those that the Buyer accepts when placing his order.
The General Conditions of Online Sale apply to the exclusion of all other conditions.
The General Conditions are accessible at any time on the Site and will prevail, where applicable, over any other general or specific conditions.
For any information, questions or advice relating to the order or the products, the seller's Customer Service can be contacted:
- By email to the address: contact@maisoncaldeira.com
- By mail to the head office address: MAISON CALDEIRA, 5 PL GAMBETTA 66000 PERPIGNAN.
Article 3. Ordering products on the site
1. Customer identification
To place an order, the Buyer must identify himself by indicating the information relating to his account: his email address and his password.
When placing their first order, the Buyer must create a customer account and complete the form provided for this purpose, which will be offered to them, indicating the information necessary for delivery, the delivery method and invoicing.
2. Registration and validation of the order
- At any time, the Buyer can validate his order by clicking on “Validate my order”;
- The Buyer identifies himself and fills in the information necessary for his order;
- He chooses the method of payment for his order;
- He checks the details of his order and its total price – he can modify it;
- He acknowledges and expressly accepts the General Conditions;
- He then validates his order and proceeds to payment;
- The electronic sales contract is then validly and definitively concluded;
After the validation and payment of the order have been made, the Seller will send the Buyer an electronic confirmation of the order (summarizing the terms and conditions) and its processing. The invoice corresponding to the order placed will also be available in the Customer's personal space on the Site.
3. Unavailability of products
4. Cancellation of the order
Article 4. Prices and payment terms
1. Price
The prices of the Products are those that appear on the MAISON CALDEIRA website when the Buyer's order is registered. They are indicated in Euros and include all French taxes in force on the day of the order, excluding participation in transport and delivery costs which are invoiced in addition. Shipping costs will be invoiced in addition to the price of the products purchased according to the order form and will be indicated before the order is registered by the Buyer.
2. Delivery and customs charges
Shipping costs will be charged in addition to the Price of the products purchased according to the order form and will be indicated before the order is registered by the Buyer.
Shipping costs are determined on a flat-rate basis based on the value of the products ordered and vary according to the different countries to which the orders can be delivered, except in the case of atypical products or orders, which will be subject to different shipping costs, of which the Buyer will be informed at the time of placing the order.
Any customs fees remain the responsibility of the Buyer. When finalizing the order, any customs fees, the amount of which varies depending on the country of delivery, will be added to the Price of the product and the Buyer will not have to pay anything upon receipt of the product.
3. Terms of payment of the price
Payment for orders can be made by bank card belonging to the CB, Visa, and Mastercard networks.
Payment by bank check is not accepted.
In accordance with Article L132-2 of the Monetary and Financial Code, the commitment to pay given by means of a bank card is irrevocable. By communicating the information relating to his bank card, the Buyer authorizes the debit of his bank card.
The Buyer must provide their card number, its expiry date and the cryptogram number (3-digit number on the back of the bank card).
The debit will take place at the latest within 5 days from the order date. The Seller retains full ownership of the products sold until full payment of the price, including principal, costs and taxes.
Payment by credit card is made online via the secure PayPlug system. When making a purchase, the customer is directed to a fully secure PayPlug payment page using the HTTPS protocol. The payment process is therefore carried out directly on the secure PayPlug server.
Sensitive data, such as the customer's credit card number and its expiration date, are fully encrypted and protected using a TLS protocol to prevent the information exchanged from being intercepted in clear text by a third party during the transaction.
Card numbers are instantly encrypted and are not accessible by PayPlug merchants. In addition, PayPlug does not store card numbers and relies on a secure infrastructure that complies with the international PCI-DSS standard.
All pages of the PayPlug website, as well as transmission links, are secured in TLS and benefit from a Thawte Extended Validation security certificate.
The secure payment tool is based on the authentication of the Buyer and the confidentiality of all data.
As part of the fight against internet fraud, information relating to your order may be transmitted to any competent authority for verification.
MAISON CALDEIRA reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any amount that would be due by the Buyer or in the event of a payment incident.
Payment in 3 or 4 times WITH FEES
Payment for your order in 3 or 4 installments by credit card from €100 of purchases up to €3000 with Oney Bank.
https://www.payplug.com/hubfs/CGV%20PayPlug%20Oney%20pour%20CGV%20site%20marchand.pdf
Article 5. Electronic signature and proof
1. Electronic signature
The final validation of the order will constitute signature and acceptance of the operations carried out on the Site and will constitute proof of said order.
2. Proof
The computerized records, stored in the computer systems of MAISON CALDEIRA under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
In general, it is expressly agreed between MAISON CALDEIRA and the Buyer that e-mails will be authentic between the parties, as will the automatic recording systems used on the site, in particular with regard to the content and date of the order.
1. Transport - Shipping costs
Shipping costs are the responsibility of the Buyer and depend on the place of delivery and the weight of the Products sent. They will be specified to the Buyer when confirming the order. The delivery times and rates for any order placed on the Site and delivered in France are those currently in force with the carrier Colissimo and are subject to change.
For information purposes, the rates for the Colissimo France Métropolitaine business offer with signature applicable from January 1, 2020 are as follows:
- Weight up to 250 g: €4.95 incl. VAT
- Weight up to 500 g: €6.35 incl. VAT
- Weight up to 750 g: €7.25 incl. VAT
- Weight up to 1 kg: €7.95 incl. VAT.
2. Delivery: terms, deadlines and verification of the order upon receipt
The products can only be delivered to Metropolitan France, Corsica and Monaco (excluding other countries of the European Union, DOM TOM and Andorra).
The Buyer may choose, when ordering, from the delivery methods offered, the one that suits them.
The delivery time of the products will depend on the option chosen by the Buyer when placing the order.
In any event, except in the event of stock shortages or in the event of Force Majeure, transport and/or postal service strikes, the products will be delivered to the buyer no later than 5 days following confirmation of the order, from Monday to Saturday morning, except public holidays.
The order is delivered to the Buyer at the delivery address indicated on the order form. In the event of absence at the time of delivery, a delivery notice is left for the buyer so that he can collect his package from the nearest post office. Packages are kept pending at the Post Office for 15 calendar days. In the event of non-collection within the time limits set by the carrier, the products will be returned to the Seller.
The delivery times indicated above are indicative times. Under no circumstances can they be enforced against the Seller. MAISON CALDEIRA declines all responsibility in the event of a delay in delivery attributable to postal services or carriers.
Delivery is deemed to have been made upon handing over of the package to the postal services.
The Buyer must immediately check the condition of the package in order to be able to make reservations directly to the carrier upon delivery of the package. No subsequent complaints about the condition of the package may be made to the MAISON CALDEIRA Customer Service.
The Buyer must then check the conformity of the delivery to his order and inform the MAISON CALDEIRA Customer Service within 3 days of receipt of any anomaly or non-conformity.
Article 7. Cancellation and returns
1. Cancellation within the framework of the right of withdrawal
The Buyer has a period of fourteen (14) clear days from receipt of the order to exercise his right of withdrawal in accordance with Article L. 121-21 of the Consumer Code by asking the Seller to cancel his order, without having to provide reasons or pay penalties. When this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
To exercise this right, the Buyer must, before the withdrawal period expires, inform MAISON CALDEIRA's Customer Service of his/her wish in an unambiguous statement by email addressed to the seller's Customer Service and including the following information: name, postal address, telephone number, order number and email address.
2. Returns
The Products concerned, in the original box intact, must be returned within fourteen (14) clear days from the exercise of the right of withdrawal by registered mail, or by any other means giving a certain date as well as a copy of the invoice to the following address: MAISON CALDEIRA, 5 PL GAMBETTA – 66000 PERPIGNAN.
For health and hygiene reasons, cosmetic products (care, perfume, hair care, etc.) and hair accessories must be returned in their original packaging, complete, intact and in perfect condition for resale. Indeed, opening these products makes them unfit for any further marketing.
Returned Products that have been opened, damaged, used or incomplete will not be refunded, taken back or exchanged.
The costs and risks of return within the framework of the right of withdrawal are the responsibility of the Buyer (with the exception of a Product defective upon receipt, or an error when sending the Product).
3. Reimbursement
For any accepted return, MAISON CALDEIRA undertakes to reimburse the Buyer for the price of the returned Products within fourteen (14) days after receipt of the returned products and qualitative and quantitative verification carried out by the Seller. In application of the provisions of article L121-21-4 of the Consumer Code, only standard delivery costs will be refundable (amounts corresponding to express or special shipments will not be covered).
The refund will be made via the bank card used to pay for the returned order.
Therefore, as long as the bank card is still valid, the refund will be made to the account attached to this card.
Return costs remain the responsibility of the Buyer: packages sent postage due or cash on delivery will not be accepted.
Products not accepted will be returned freight collect to the Buyer.
Article 8. Guarantees and responsibilities
1. Guarantees of conformity and guarantees against hidden defects
All Products on sale on the Site benefit from the legal guarantee of conformity provided for in Articles L. 211-5 et seq. of the Consumer Code as well as the guarantee against hidden defects provided for in Articles L. 217-4 et seq. of the Consumer Code and 1641 et seq. of the Civil Code, allowing the buyer to return Products delivered that are non-compliant or defective.
In accordance with the provisions of Articles L. 111-1 and L. 121-17 of the Consumer Code, the relevant provisions of the Consumer Code and the Civil Code are reproduced in full below:
Article L. 211-4 of the Consumer Code:
"The seller is required to deliver goods that conform to 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, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility."
Article L. 211-5 of the Consumer Code:
“To comply with the contract, the property must:
1°. Be suitable for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2°. Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 211-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Article 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
Article 1648 al 1 of the Civil Code:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”
When acting under the legal guarantee of conformity, the Buyer:
- has a period of two years from delivery of the goods to take action,
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code,
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
When the Buyer decides to implement the legal guarantee against hidden defects within the meaning of articles 1641 et seq. of the Civil Code, he may request the cancellation of the sale and have the price refunded.
For any complaints, the Buyer can contact MAISON CALDEIRA Customer Service.
2. Limitations of liability
MAISON CALDEIRA shall not be held liable in the event that the failure to perform its obligations is attributable to:
either to the Buyer (in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as in the event of normal wear and tear of the goods), or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure in accordance with Article L. 121-19-4 of the Consumer Code,
either to the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses.
In the event that MAISON CALDEIRA's liability should nevertheless be retained due to damage suffered by the Buyer following the non-performance or poor performance of its services, this will be limited to the amount of the order paid by the Buyer to MAISON CALDEIRA.
Article 9. Protection of personal data "information technology and freedoms"
The personal data of the user of the Site are collected by the Seller for the purposes of proper management of orders, deliveries and invoices, and in compliance with the provisions of the Data Protection Act No. 78-17 of 6 January 1978 and the applicable community provisions in this area. The Buyer may object to such communication and has the right to access, modify, rectify and delete data concerning him/her by sending an e-mail to the following address contact@maisoncaldeira.com or by regular mail to the address of the head office of MAISON CALDEIRA.
Under no circumstances will this information be transmitted to partner companies, except with the prior written consent of the Buyer. By placing an order on the Site, the Buyer simultaneously agrees to receive communications from MAISON CALDEIRA (newsletter, special offers, mailings). In the event that the Buyer does not wish to receive or no longer wishes to receive communications from MAISON CALDEIRA, he may inform it in writing at any time by email or by mail to the addresses mentioned above.
Article 10. Intellectual and industrial property
All elements of the Site are protected by copyright, trademarks or patents.
The Site and all elements accessible on the Site are the exclusive property of the Seller. It is prohibited to distribute, modify, transmit or reproduce the site, in whole or in part, in any form whatsoever. The insertion of hyperlinks to all or part of the Site is prohibited without the prior written consent of MAISON CALDEIRA.
Article 11. General
1. Partial invalidity
If one or more provisions of these General Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
2. Non-waiver
The fact that one of the parties does not assert a breach of any of the obligations referred to in the General Conditions of Sale cannot be interpreted as a waiver of the obligation concerned and of asserting this breach at a later date.
Article 12. Applicable law and jurisdiction
These General Terms and Conditions of Sale are subject to French Law. In the event of a dispute, the Buyer must first contact MAISON CALDEIRA Customer Service in writing in order to attempt to find a solution to the dispute.
In the absence of an amicable agreement, any dispute arising under these terms will be under the exclusive jurisdiction of the French Courts, even in the event of recourse under warranty or multiple defendants.