Terms and Conditions
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.