TERMS AND CONDITIONS FOR ORDERS PLACED BY TELEPHONE OR
VIA THE MAISON CALAVAS WEBSITE
Preliminaries
These
are the terms and conditions of sale (“Conditions”)
of MAISON CALAVAS whose registered office is at 13 rue Royale, 75008
Paris, France, and who is registered in France under company number
B. 481 302 008. These terms will apply to all purchases of Goods, whichever
the country section, when you order via our website (www.maisoncalavas-boutique.com)
(our “Website”) or by telephone using our Customer Service
team. Please read this document carefully before placing your order.
By placing an order by telephone through our Customer Service team,
or placing an order via our Website, you confirm your unconditional
acceptance of these Conditions.
Please note that:
Not all items featured in our catalogue, our points of sale or more
generally our communication are available by telephone order or via
our Website. Please consult our Website to check whether the Goods
are available via telephone or website order.
We may change these Conditions from time to time. The latest version
of these Conditions is available on our Website.
According to the article number 1369-1 of the French civil Code, these
Conditions can be saved electronically or printed by all users of our
Website www.maisoncalavas-boutique.com. Whilst they remain posted on
our Website, these Conditions will apply to all transactions carried
out via our Website and by telephone. In the event where following
the date of deletion of our Website, these Conditions should remain
accessible to the public via other Internet sites or any other means,
they would no longer be opposable to MAISON CALAVAS.
1. Scope
1.1 In these Conditions:
1.1.1 "Customer" means a person acting as a consumer who
is purchasing goods outside the course of his or her business or trade;
1.1.2 "you" means the Customer submitting an order for Goods;
1.1.3 "Goods" means the Goods to be supplied under these
conditions;
1.1.4 "Party" means either you or us; "Parties" means
you and us;
1.1.5 "Writing” means letter, fax or email.
1.1.6. “Country Section” means the country chosen by the
Customer among the list of countries present on the homepage of our
Website, corresponding to the country of delivery of the Goods.
1.2 The contract for supply of Goods ("Contract") will be
formed when we accept your order. Acceptance of an order by us can
only be made in Writing save where ordering Goods over the telephone.
All orders are subject to availability.
1.3 Orders may only be placed by Customers aged 18 and over.
1.4 By accepting the Contract you confirm that you are a Customer residing
in one of the countries concerned by our Website.
1.5 These Conditions comply in all respects with French law pertaining
to Distance Selling and Electronic Commerce.
1.6 Clause headings are for convenience only and do not affect the
interpretation of these conditions. Words in the singular include the
plural and vice versa.
2. Identification of the offeror
MAISON CALAVAS
Incorporated in France
Registered at the Company Court of Paris under number B. 481 302
008
Registered office: 13 rue Royale, 75008 Paris, France.
VAT number: FR 23 481 302 008.
(Referred to in these terms as "we" or "us").
3. Information relating to Goods
Information on the range of Goods sold via our telephone order service
or via our Website is available, with product references, in all MAISON
CALAVAS points of sale and on our Website. All orders are subject to
availability.
4. Orders
4.1 Orders by telephone
Orders can be placed in English with our Customer Service team by calling
telephone number (+33).1.40.07.57.57, Monday to Friday from 11 am
to 7 pm Paris time, excluding French bank holidays.
4.2 Orders via our Website
4.2.1 You will be responsible for paying any costs of connection to
our Website.
4.2.2 Whilst we take reasonable care in ensuring that all material
contained in our Website is accurate and up-to-date at the time it
is posted, we cannot guarantee it. None of the material contained in
our Website is to be relied upon as a statement or representation of
fact. All images, illustrations and descriptions of the goods are for
information only and you are advised to contact our Customer Service
team for further information about the goods.
4.2.3 Whilst we try to ensure that our Website is reliable and available
at all times, the Internet is not an inherently stable medium, and
errors, omissions, interruptions of service and delays may occur at
any time. We do not give any warranty for the accuracy, suitability,
reliability, completeness, performance, fitness, freedom from viruses
or timeliness of the content or services contained on our Website.
4.2.4 We will not be liable for any damages (including without limitation
loss of profit or loss of use) arising out of your use or delay or
inability to use our Website, its content or any link to another website
arising in contract, tort (including negligence) or otherwise, except
in the case of death or personal injury caused by our negligence.
4.2.5 When placing an order for the first time, you will be required
to open an account with us and complete certain required fields on
an order form. All steps necessary for placing an order are detailed
on our Website.
4.2.6 In the event prolonged inactivity causes your connection to our
Website to fail, your selection of goods may be lost. In such case,
you will be required to re-enter your selection.
4.2.7 Before you submit your order, you will be given the opportunity
to review your selection, check the total price of your order and correct
any input errors. All information on our Website is an invitation to
treat only and is not an offer or unilateral contract. Your order represents
an offer by you to purchase the Goods. We will acknowledge receipt
of your order without delay by sending a confirmation email. Please
note however that such confirmation email does not constitute acceptance
of your order.
4.2.8 The sale will only be binding on us once we have notified you
that the order is accepted and the goods have been dispatched by us.
This means that if Goods are shown on our Website but are not available
or are incorrectly priced or otherwise incorrectly described, we shall
not be obliged to sell you such Goods.
4.2.9 You will only be charged for Goods which have been dispatched
to you (together with relevant delivery charge).
5. Price
5.1 The price of the Goods you order will be notified to you by telephone
before you place your order or shown on the Website before you confirm
your order and will be confirmed on the written confirmation that you
will receive when the Goods are delivered. All prices are in the currency
relative to the Country Section you have selected when entering the
site, and inclusive of VAT when applicable.
5.2 If an error is found in the price of Goods you have ordered, we
will inform you as soon as possible and offer you the option of reconfirming
your order at the correct price or cancelling your order. If you cancel,
we will refund or re-credit you for any sum that has been paid by you
or debited from your credit card for the Goods.
5.3 In addition to the price of the Goods, you will be required to
pay a delivery charge. You will be informed of any delivery charge
payable when you place your order. The amount of the delivery charge
will vary depending on your country and the weight of your order.
6. Payment
6.1 You must pay for the Goods prior to their dispatch to you by credit
card. Payment must be in the currency relative to the Country Section
you have selected when entering the site. The following credit cards
are accepted: CB, Visa, Eurocard and Mastercard.
6.2 Your credit card will be debited at the time the order is placed
and confirmed; you must confirm to us the name which appears on the
credit card to be debited, give the 16-digit card number and the expiry
date as shown on the front of the card, as well as the security code
on the reverse of the credit card. MAISON CALAVAS does not have access
to your credit card data at any time, your credit card data are protected
by an encryption system.
6.3 In order to counter Internet fraud, payments through our Website
will be managed on-line with the banking organisations concerned through
the facilities offered by our partner Bank Neuflize OBC, ABN AMRO Group.
This company will be responsible for holding and automated handling
in a secure environment the information relating to each order, including
bankcard details.
We reserve the right to put in place additional/other payment security
system(s) from time to time.
6.4 In the event that the sum due from you cannot be debited for whatever
reason (including, without limitation, stopped payment, refusal by
the issuer of the card), the sale will be cancelled immediately.
7. Delivery
7.1 The Goods you order will be delivered during normal business hours
once payment has been confirmed to the address which you give to us
when you place your order, which must be your permanent residence address,
and located in the country you have selected when entering the site.
Delivery will be made either by express courier, either by regular
mail if the ordered item is a voucher for one of the services offered
by MAISON CALAVAS. Please note that deliveries are not made to hotels,
professional addresses, or PO Box addresses.
7.2 If there is no one at the address given who is competent to accept
delivery of the Goods, you will be asked to contact our courier service
in order to arrange an alternative delivery date or a place to collect
the Goods.
7.3 You may use our Gift Service to arrange for goods to be delivered
to a third party of your choice, provided always that the delivery
address is in the country that you have selected when entering our
Website.
7.4 No delivery will take place unless payment for the Goods has been
received. Every effort will be made to deliver the Goods as soon as
possible after your order has been accepted. Any delivery date or time
specified by us is a best estimate only and we will not be liable for
any loss or damage suffered by you through any reasonable or unavoidable
delay in delivery. We will aim to deliver the Goods within 30 days
at the latest.
7.5 Please note that all packages containing Goods to be delivered
to you will be weighed by us prior to their dispatch.
7.6 Ownership of the Goods and the risk for damage to the Goods pass
to you upon delivery.
7.7 If, at the time of delivery, the packaging is damaged, you are
required to open the package in the presence of the carrier in order
to verify the condition of the Goods. In the event of damage to the
Goods, you should note the details on the delivery note and contact
the Customer Service team (see clause 10 below).
8. Your right of cancellation
8.1bYou have the right to cancel the Contract at any time up to the
end of 10 working days after you receive the Goods, except for makeup
refills which are not taken back for integrity concerns. A working
day is any day other than weekends and bank or other public holidays.
8.2bTo exercise your right of cancellation before the Goods have been
delivered to you, you must give written notice to us by hand or post
to MAISON CALAVAS Customer Service, 13 rue Royale, 75008 Paris, France,
or by email to clients@maisoncalavas.com giving details of the Goods
ordered and (where appropriate) their delivery.
8.3bIf you exercise your right of cancellation after the Goods have
been delivered to you, you will be responsible for returning the Goods
to us as soon as possible, within ten days after the Goods have been
delivered to you, and at your own cost (unless on receipt of the goods
we consider that the Goods are faulty, whereupon we will refund or
re-credit you with the cost of returning the goods to us) in their
original packaging, complete with any related accessories or instruction
booklets, together with the duly completed Return Voucher and the original
invoice, to the following address: MAISON CALAVAS Customer Service,
13 rue Royale, 75008 Paris, France.
In order to receive the Return Voucher, please contact our Customer
Relation team by telephone on (+33).1.40.07.57.57, or by email at clients@maisoncalavas-boutique.com.
The Return Voucher will immediately be sent to you.
For your protection, we recommend that you use a recorded delivery
service.
8.4. We will refund or re-credit you by credit on your bank account,
after we have received the returned Goods and at the latest within
30 days for any sum that has been paid by you or debited from your
credit card for the Goods. Alternatively, we are happy to exchange
the Goods you have ordered.
8.5. No refund will be offered for Goods that are returned by the Customer
incomplete, damaged or soiled.
8.6. When using our Gift Service, the right to cancel the Contract
under this clause can only be exercised by you and cannot in any circumstances
be exercised by the recipient of the gift.
9. Exchange of Goods
9.1 We operate an exchange policy for our customers in respect of
items delivered, excluding makeup refills, which are not taken back
for integrity concerns, subject to the following conditions:
Within 10 days following the date of delivery, you may choose to:
9.1.1 Return the items in question, in their original packaging, complete
with any related accessories or instruction booklets, together with
the original invoice and the Return Voucher, to the following address:
MAISON CALAVAS Customer Service, 13 rue Royale 75008 Paris, France.
It is your responsibility to obtain proof that the goods have been
returned, by returning the items by registered post or by such other
means which gives proof of date of postage and delivery. The cost of
returning the goods shall be borne by you. No new delivery can take
place until we have received the returned goods from you.
9.1.2 Or visit our main MAISON CALAVAS store, located at 13 rue Royale
(2nd floor), 75008 Paris, France, with the items in question in their
original packaging, complete with any related accessories or instruction
booklets, together with the original invoice in order to exchange the
goods.
9.2 Whichever option you choose, incomplete, damaged, worn or soiled
items will not be exchanged.
9.3 In the event that goods are exchanged, the initial sale will be
cancelled. The new transaction payment will be set off against the
amount of the preceding sale. Any credit balance will be either re-credited
directly to your bank account or a credit card or a credit note will
be issued to you. Any additional payment will be debited directly from
your credit card.
9.4 In the event that goods are exchanged by post, the new sale will
be subject to these Conditions.
9.5 The recipient of a gift will be entitled to exchange the Goods
in accordance with the terms of the policy set out below, but in no
circumstances will the recipient of a gift be entitled to a refund.
10. Further information
For further information relating to these Conditions, or the Goods
themselves, you should contact our Customer Service team by phone on
(+33).1.40.07.57.57 or by email at clients@maisoncalavas-boutique.com.
11. Intellectual property rights
The MAISON CALAVAS trade mark as well as all trade marks, whether
they are figurative or not, and all other marks, illustrations, images,
and logo which appear on our products, accessories or packaging, whether
registered or not, are and remain the exclusive property of MAISON
CALAVAS, a company incorporated in France (registered at the Company
Court of Paris under number B. 481 302 008), whose registered office
is at 13 rue Royale, 75008 Paris, France. Any reproduction, whether
complete or partial, modification or use of these marks, illustrations,
images and logo, for whatever reason and in whatever medium, without
our written, express and prior agreement, is strictly prohibited, as
is any combination or use in conjunction with any other mark, symbol,
logo and more generally any distinctive sign intended to form a composite
logo. Moreover, MAISON CALAVAS owns international patents relative
to the makeup cases currently commercialised under the MAISON CALAVAS
brand.
12. Delay or failure to perform
12.1 We shall not be liable to you if we are prevented or delayed
in the performance of any of our obligations to you if this is due
to any cause beyond our reasonable control including (without limitation):
an act of God, explosion, flood, fire or accident; war or civil disturbance;
strike, industrial action or stoppages of work; any form of government
intervention; a third party act or omission; failure of our supplier(s);
failure by you to give us a correct delivery address or notify us of
any change of address.
12.2 We will inform you of any such unforeseen event or of force majeure
within seven days of its occurrence. Should this interruption continue
beyond a period of two weeks, you will be entitled to cancel the order,
and a refund will be made in accordance with clause 8 of these Conditions.
12.3 We will not be liable to you by way of representation (unless
fraudulent), common law duty or under any express or implied term of
the Contract for:
12.3.1 any losses which are not reasonably foreseeable by both Parties
when the Contract is formed arising in connection with the supply of
Goods and related services or their use by you;
12.3.2 any losses which are not caused by any breach by us;
12.3.3 business or trade losses.
12.4 Our entire liability in connection with the Contract will not
exceed the purchase price of the Goods in question.
13. Use of your information
The holding and using of personal information provided to MAISON CALAVAS
is governed by the Legal Notice posted on the Website. Please read
this Legal Notice to understand how we use and protect the information
that you provide to us. By placing an order on the Website, you consent
to the collection, use and transfer of your information under the terms
of the Legal Notice.
All comments, queries or requests relating to our use of your information
are welcome and should be addressed to clients@maisoncalavas.com.
14. Governing Law
14.1 The Contract is governed by the laws of France and the French
Courts shall have the non-exclusive jurisdiction to resolve any disputes
arising out of or under it.
14.2 No waiver by us of any breach of the Contract by you is considered
as a waiver of any subsequent breach of the same or any other provision.
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