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General conditions of online sale
Caldera House
(www.maisoncaldeira.com)

Article 1. Definition of parties

These General Conditions of Sale for online sales are concluded between:

The company BEATRICE CALDEIRA (“MAISON CALDEIRA”) , a limited liability company with a capital of 30,000 euros, registered with the Trade and Companies Register of Perpignan under number 893 930 016, having its 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. Object

The purpose of these General 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 connection with the sale of the products by the Seller to any consumer referred to as the Buyer.


The fact for the Buyer to order a product offered for sale on the MAISON CALDEIRA website implies full and complete acceptance of these GCS, of which the Buyer acknowledges having read prior to his order.


The Seller reserves the right to modify the GCS 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 e-mail to the address: contact@maisoncaldeira.com

- By post 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.

During his first order, the Buyer must create a customer account and complete the form provided for this purpose which will be offered to him, indicating the information necessary for delivery, the delivery method and invoicing.


2. Registration and validation of the order

The ordering process on the Site is as follows:
- The Buyer selects the Product(s) of his choice by adding his selection to his basket by clicking on “Add to basket”;
- 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 means of payment for his order;
- He checks the details of his order and its total price – he can modify it;
- He reads 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 validation and payment of the order made, the Seller will send electronically to the Buyer a 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

In the event of the unavailability of one or more products, after placing the order, the Buyer will be informed of the consequences on his order at the latest at the time of delivery. Only the products delivered will be invoiced.

4. Cancellation of the order

MAISON CALDEIRA reserves the right to cancel all orders for legitimate reasons in accordance with the provisions of article L121-11 of the Consumer Code and in particular:
- orders from professionals, abnormal orders (such as those exceeding 4 products of the same reference), abnormally repeated orders,
- in cases where the information provided by the Buyer is incomplete or inaccurate,
- in the event of non-payment or partial payment of the sums due by the Buyer.
The Purchaser may cancel his order by exercising his right of withdrawal under the conditions provided for in article “7.1. RIGHT TO RETRACT ".

Article 4. Price and terms of payment

1. Price

The prices of the Products are those which 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. The 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 registration of the order by the Buyer.


2. Delivery and customs charges

The 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 registration of the order by the Buyer.


Shipping costs are determined at a flat rate in relation to the value of the products ordered and vary according to the different countries to which orders can be delivered, except in the case of atypical products or orders, which will be subject to different shipping costs, including the The Buyer will be duly notified at the time of placing his order.


Any customs fees remain the responsibility of the Buyer. When finalizing the order, any customs fees, the amount of which varies according to the country of delivery, will be added to the Price of the product and the Buyer will have nothing to pay upon receipt of the product.


3. Methods 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 credit card, the Buyer authorizes the debit of his credit card.

The Buyer must send his card number, the expiry date of the latter as well as the cryptogram number (3-digit number appearing on the back of the bank card).

The debit will take place no later than 5 days from the date of the order. The Seller retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.


Payment by credit card is made online via the secure Payplug system. During 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 bank card number and expiry 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 encrypted instantly 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 the pages of the PayPlug website, as well as the transmission links are secured in TLS and benefit from a Thawte Extended Validation security certificate.


The security payment tool is based on the authentication of the Buyer and on 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, whatever its nature and level of execution, in the event of non-payment of any sum due by the Buyer or in the event of payment incident.


Payment in 3 or 4 installments WITH FEES

Payment of your order in 3 or 4 installments by credit card from purchases of €100 up to €3,000 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 be worth signature and acceptance of the operations carried out on the Site and will constitute the proof of the said order.


2. Evidence

The computerized registers, kept in the computer systems of MAISON CALDEIRA under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. 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 the e-mails will prevail between the parties, as well as the automatic registration systems used on the site, in particular as regards the content and the date of the order.


Article 6. Transport and delivery

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 prices 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 Metropolitan France business offer with signature applicable from 1 January 2020 are as follows:

- Weight up to 250 g: €4.95 including tax

- Weight up to 500 g: €6.35 including tax

- Weight up to 750 g: €7.25 including tax

- Weight up to 1 kg: €7.95 including tax.


2. Delivery: methods, deadlines and verification of the order upon receipt

The products can only be delivered in Metropolitan France, Corsica and Monaco (excluding other countries of the European Union, DOM TOM and Andorra).

The Buyer may choose, when ordering, from among the delivery methods offered, the one that suits him.

The delivery time of the products will depend on the option chosen by the Buyer when placing the order.

In any event, excluding stock shortages or in the event of Force Majeure, transport strikes and/or postal services, the products will be delivered to the buyer no later than 5 days following confirmation of the order, Monday to Saturday morning, except holidays.

The order is delivered to the Buyer at the delivery address indicated on the order form. In case of absence during the delivery, a transit advice note is left with the buyer so that he can recover his package in the nearest post office. Parcels 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 may they be enforceable against the Seller. MAISON CALDEIRA declines all responsibility in the event of late delivery attributable to postal services or carriers.

Delivery is deemed to have been made upon delivery 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 with the carrier when the package is delivered. No subsequent complaint about the condition of the package may be made to MAISON CALDEIRA Customer Service.

The Buyer must then check that the delivery conforms to his order and inform MAISON CALDEIRA Customer Service within 3 days of receipt of any anomaly or non-conformity.


Article 7. Cancellation and returns

1. Cancellation under 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 justify reasons or pay penalties. When this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.

To exercise this right, the Buyer must, before the expiry of the withdrawal period, inform MAISON CALDEIRA Customer Service of his wish in an unambiguous statement by means of an e-mail addressed to the Customer Service of the seller 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.

As a sanitary hygiene measure, cosmetic products (skincare, perfume, hair care, etc.) and hairdressing accessories must be returned in their original packaging, complete, intact and in perfect condition for resale. Indeed, the opening of these products makes them unsuitable for any further marketing.

Returned Products that have been opened, damaged, used or incomplete will not be refunded, returned or exchanged.

The costs and risks of return under the right of withdrawal are the responsibility of the Buyer (with the exception of a defective Product upon receipt, or an error when sending the Product).


3. Refund

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. Pursuant to 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 credit card used to pay for the returned order.

Thus, as soon as the credit card is still valid, the refund will be made to the account attached to this card.

Return costs remain the responsibility of the Buyer: parcels sent postage due or cash on delivery will not be accepted.

Products not accepted will be returned postage due to the Buyer.


Article 8. Guarantees and responsibilities

1. Guarantees of conformity and guarantees of hidden defects

All Products for sale on the Site benefit from the legal guarantee of conformity provided for in articles L. 211-5 and following of the Consumer Code as well as the guarantee against hidden defects provided for by articles L 217-4 and following of the Consumer Code and 1641 and following of the Civil Code, allowing the buyer to return the non-compliant or defective Products delivered.

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 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. 211-5 of the Consumer Code:

“To be in conformity with the contract, the good must:

1°. Be fit for the use usually expected of a similar item 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 given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2°. Or present the characteristics defined by mutual agreement by 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 goods. »


Article 1641 of the Civil Code:

"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 so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »


Article 1648 paragraph 1 of the Civil Code:

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »


When acting as a legal guarantee of conformity, the Buyer:

- has a period of two years from the delivery of the goods to act,

- can choose between repairing or replacing the good, subject to the cost conditions provided for in article L217-9 of the Consumer Code,

- is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.


When the Buyer decides to implement the legal guarantee against latent defects within the meaning of articles 1641 and following of the Civil Code, he can request the resolution of the sale and be reimbursed the price.


For any complaint, the Buyer can contact the Customer Service of MAISON CALDEIRA.


2. Limits of liability

MAISON CALDEIRA cannot be held liable in the event that the non-performance of 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 property), or to the unforeseeable and insurmountable fact of a third party to the contract, either to a case of force majeure in accordance with article L. 121-19-4 of the Consumer Code,

or the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.


In the event that MAISON CALDEIRA's liability should nevertheless be retained for damage suffered by the Buyer as a result of 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 "computing and freedoms"

The personal data of the user of the Site is 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 n ° 78-17 of 6 January 1978 as well as the relevant Community provisions. The Buyer may object to such communication and has the right to access, modify, rectify and delete data concerning him by sending an e-mail to the following address contact@maisoncaldeira .com or by simple mail to the address of the registered office of MAISON CALDEIRA.

Under no circumstances will this information be transmitted to partner companies, except with the prior written consent of the Purchaser. By placing an order on the Site, the Buyer simultaneously agrees to receive communications from MAISON CALDEIRA (newsletter, special offers, letters). In the event that the Purchaser does not or no longer wishes to receive communications from MAISON CALDEIRA, he may inform it in writing at any time by email or by post 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 the elements accessible on the Site are the exclusive property of the Seller. It is forbidden to distribute, modify, transmit or reproduce the site, in whole or in part, in any form whatsoever. The insertion of hypertext links 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 stipulations of these General Conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their strength and scope.


2. Non-waiver

The fact for one of the parties not to take advantage of 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 to take advantage of this failure later.

Article 12. Applicable law and jurisdiction

These General 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 try to find a solution to the dispute.

In the absence of an amicable agreement, any dispute arising within the framework of the present will be the exclusive jurisdiction of the French courts, even in the event of recourse in guarantee or of multiple defendants.