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GENERAL CONDITIONS OF SALE

Article 1 – Subject

Article 1 – Subject

The present general conditions of sale govern the entire means and conditions of sale from a distant point of the products distributed by the seller named CALIPIGE to his customers.

The terms used in the framework of these present conditions of sale are defined as follows :

   •     Customer : adult physical individual, buying one or more products proposed for sale by CALIPIGE on his website, in view of his personal usage,

   •     Order : customer’s buying request covering one or more products  offered via the Website,

   •     Offer : Proposed Products for sale by CALIPIGE against a price,  on the website www.calipige.com

   •     Product(s ) : merchandise(s) proposed for sale on the website www.calipige.com

   •     Website : merchant website accessible at the adress www.calipige.com

   •     Seller : The corporation CALIPIGE  SARL with a capital of 1000 euros registered at the Tribunal of Commerce of RCS FORT DE France 800  990 715

Legal office domiciled at : lotissement Centre Génipa Plazza c :o VALTRIMMO, Rond Point de Génipa, 97224 DUCOS

Secondary legal office : 12 rue Dalou 75 015 PARIS

The present general conditions of sale are accessible on line on the website address, as well as copying and printing.

Before placing an order, the customer recognized that he has full knowledge of the CALIPIGE general conditions of sale. Any order placed implies the customer’s unreserved acceptance of the present general conditions of sale.

Article 2- Scope (Field of application)

The present conditions of sale are applicable to all sales of Products via the website, in view of a delivery in France or to a foreign country.

The present conditions of sale are applicable as long as they are listed on the website, and can be modified at any time by CALIPIGE.

Article 3- CALIPIGE offer

3-1 The offers are available as long as they appear on the website within the limit of available inventory.

3-2 The products proposed on the website are described and presented with the best precision possible on a document listing the main features of the selected Product (including the sizes, colors, description, composition and availability) . However if errors or omissions appears in this presentation, the responsability of CALIPIGE cannot be involved.

Due to the method of presentation of the Products on the net, the photographs, the drawings, visuals and information illustrating the products are not contractual. 

The Products are conform to the french law and applicable norms in France.

CALIPIGE reserves the right to remove, at any time, any Product from the website and/or to replace or adapt or modify any content or information relative to the Product listed on the Website.

3-3 The Product price is the one indicated on the website at the time of validation of the customer’s order. In case of an obvious typographical error on the  price of one or more products, CALIPIGE, will advise the Customer of the error and will cancel the order of the products concerned.

CALIPIGE reserves the right to modify the price at any moment.

The price of the Products are indicated in euros, VTA included, after rebates and/or discounts applicable the day of the order.

For a delivery in mainland France or in the European Union countries, the prices are indicated VTA excluded.

The cost of packing and shipping are billed as extras in case of a shipment to a country outside mailand France, and in case of purchasing a Product subject to a special discount offer wherever the shipping address indicated by the customer.

The shipping costs which vary according to the weight of the package and to the geographical zone of the delivery, will be mentioned on the summary of the order before validation of such and in the confirmation mail of the order .

The customs taxes and other taxes linked with the importation of the Product will be assumed by the Customer. 

Article 4 – Formation of the contrat

            4-1 : Placing of the order by customer

4-1-1 The ordersare placed on the website by the customer, who certifies to be a major and have the full legal capacity to contract. For any order, the Customer assumes the connexion   charges when connecting to the internet and using the website or when contacting the website customer service. All steps necessary to purchase are listed on the website.

4-1-2 Before the first order, the Customer has to create an account on the website. This account is accessible at any moment by the Customer with its access code (address, email and  password).

While placing the order, the Customer accepts to provide the requested informations and attests their sincerity : name, first name, address, téléphone, mail address; shipping address , billing address.

The order can be accepted on the website only if the Customer has filled all compulsory fields

Of the order form marked by a star which he certifies as exact.

CALIPIGE cannot be held responsible for the problems generated by incorrect information furnished by the Customer.

4-1-3 The products selected by the Customer, appear in the basket. The Customer could again access to their caracteristics from the basket by clicking on the products, allowing the Customer to verify the specifics of each selected product (size, color, quantity, composition), their price (unit price VAT included, total discount if the product is concerned by a commercial offer, total price VAT included, shipping costs), by clicking on the corresponding button

4-1-4 Any order can definitely be validated after express and unreserved acceptance of the present general conditions of sale. The validated order implies,  acceptance of the prices, of products caracteristics, of shipping schedules and commitment to pay the price.

However the Customer validated order will only be considered as definitive only after effective payment of the order according to the following conditions.

           4-2 Payment

4 -2 -1 The paymentof the order contained in the basket is done immediately on internet, acording to the instructions given on the website, when in the process of validating the order. 

The payment of the order is done in euros with a credit card (Carte Bleu, Visa, Mastercard).  In accordancethe dispositions of article L132-2 of the monetary and financial code, the payment order made by credit card cannot be canceled. The bank charges generated by the payment, and whatever the modalities, will solely be at Customer’s expense.

4-2-2 CALIPIGE uses a secured payment tool SYSTEM PAY installed by the bank BRED,  the locked padlocklower right of the navigator window guaranties the Customer that he is in a secured space and that no one can intercept the information provided. The information on the credit card (number, date of expiration, and cryptogram) are directly and only recorded on the computer server of the bank BRED. All these informations remain confidential ; CALIPIGE doesn’t retain any information concerning the payment by credit card. Consequently, the Customer’s banking information are requested for each order.

The Customer guarantees CALIPIGE, that he has the necessary authorization to use the payment instrument that he has selected at the time of validation of the order.

In order to prevent any fraud, the website uses the 3D security technology created to reduce the risks od fraudulent use of the Customer’ credit card. It allows to authenticate in real time, at the time of transaction, the card’s owner. The owner is thereby protected against a unauthorized use of his card. In order to benefit from this authentification service verified by Visa, the cardholder must before register on the website of the bank issuing his card. This authentification is compulsory and any refusal or typing error on the cardholder personal information will lead to the cancellation of the order.

CALIPIGE cannot be held responsible for any embezzlement or fraudulent use of a payment mean which would not have been detected by the authentification procedure.

4-2-3 CALIPIGE will not deliver the order if the full payment of the price is not remitted.  CALIPIGE  could also suspend the delivery or cancel the order, in case of difficulties in the payment process (anomaly in the payment), in case of non conformity to the modalities of payment mentioned above, in case of non full or partial payment.

4-2-4 CALIPIGE preserves the full property of the products until perfect collection of the sums owed by the Customer, including all expenses and taxes.

           4-3  Order confirmation by CALIPIGE

4-3-1 After validation of the payment, the Customer will automatically receive a fisrt mail confirming the reception and details of his order, listing all the information to be communicated to the Customer in accordance with the law 2014-344 dated Mars 17, 2014,  then a second mail with the invoice of the order, knowing that the transmission of thses mails don ot guarantee the availability of the product as per article 4-3-2 of the present general conditions of sale.

4-3-2 In case of unavailability of the product after placing the order, CALIPIGE will inform the Customer by email or by phone within one business day (ei,from moday to Friday) proposing several solutions : either to postpone the delivery when that is possible, either to order another product on the website to replace the missing product, either to cancel the order. In case of cancellation of the order, CALIPIGE will proceed to refund the price paid by the Customer for the unavailable product, including the shipping expenses, within a maximum of 14 business days. In case the order of the unavailable product would also include other products, which are available and delivered, CALIPIGE will refund the Customer the amount of the unavailable product, without refunding the shipping expenses and eventually the packing cost which remain due concerning the delivery of the other products of the order.

4-3-3 In accordance with the dispositions of article L122-1 of the consumption code, CALIPIGE réserves the right to refuse or cancel an order for a legitimate reason, and namely,  with conditions tending to think that the order has been placed for professional reasons and not personal, when the contact information communicated are inaccurate or incomplete, or in case of a rejected payment resulting from the fraudulent use of a credit card, or when exists with the Customer a conflict concerning the payment of a previous order.

4-3-4 CALIPIGE will not deliver the order if the payment of the full price is not fully made.   CALIPIGE  could eventually hold the delivery or cancel the order, in case of difficulties in the payment process (anomaly with the payment), in case of non-conformity to the  modality of payment mentioned above, in case of non-payment in full or partial of a previous or in process order.

Article 5  Delivery

5-1 The delivery is made at the postal address provided in the Customer’s order, via a shipping company of his choice; The transfer of the risks on the products takes place as soon as the products are remitted to the Customer.

At this time,  CAPILIPE is using  the service of COLISSIMO, which is a unit of the Postal Service.

5-2 The orders validated and paid, placed before 1 :00 pm for delivery between Monday and Friday are shipped the same day (except holidays). The orders placed after 1:00 pm are shipped the next business day.

The delivery time indicated by COLISSIMO from the time the order is taken into account,  are as follows :    

        •      In metropolitan France and Monaco : 2 business days (delivery from monday to friday)  

        •      To the french overseas territories: 5 to 7 business days to the DOM (Guadeloupe, Guyane, Martinique, Réunion, Mayotte), de Saint-Martin, Saint-Barthélemy, Saint-Pierre-et-Miquelon ; and 7 à 10 business days to french Polynésia , New-Calédonia, Wallis et Futuna et les Terres australes et antarctiques françaises (TAAF), and without taking into account eventual blockages in customs  

        •      It Europe : 4 à 8 business days.

        •      Rest of the world : 8 to 12 business days, and without taking into account eventual blockages in customs  

These numbers can be increased due to holidays.

The delivery time is guarantedd by COLISSIMO towards 18 destinations : Germany, Austria Belgium, Ireland, Great Britain, Holland, Portugal, Luxemburg, Italy, Spain, Switzerland, USA, Australia, Hong-Kong, Japan, China, South Korea and Singapour.

5-3  In case of delay in the delivery, the Customer is advisedby email. CALIPIGE will do, if necessary, all action with COLISSIMO to request an investigation. This investigation can last 21 days from the date of its opening. If during that time, the package is found, it will be immediately redirected to the Customer’s residence. If in contrast, the package isn’t found after an investigation of 21 days, Colissimo considers the package as lost. In that case, CALIPIGE will re-ship to the Customer a replacement package, at its expense. If the lost  products were not available at that time, CALIPIGE would reimburse to the Customer the amount of the products.

The Customer has the right to cancel his order in case the contractual delivery time is not respected or else after 30 days after formation of the contract, by registered letter with confirmation return or in writing on a stainable support, and after having without success requested CALIPIGE to do the delivery in an additional acceptable time frame. The contract will then be considered as resolved after receiving the mail informing CALIPIGE of the exercise of this option, except if the delivery has been done in the meantime. CALIPIGE will the reimburse the Customer of the full amount paid within a 14 days time frame of the breach of the contract.

5-4  In case of absence of the Customer at the provided address, a calling card will be left in the mailbox of the said address.  If the order is returned to CALIPIGE  on the grounds of « don’t live at the provided address», CALIPIGE will inform the Customer by email. This email will indicate the procedure to follow and eventually the shipping costs at the Customer’s expense. In case of Customer’s refusal for the re-shipment of the order or without reply on his part within a 7 days from the date the mail is sent to the Customer, CALIPIGE will only reimburse the sole amount of the product ordered, with the exception of the initial shipping costs.

5-5   Upon reception of the order, the Customer must verify the condition of the package and the conformity of the delivered articles and immediately inform CALIPIGE of all eventual anomalities within a 48 hours time frame, and issue reserves on the delivery slip.

Article 6  The right of withdrawal 

When the order has been made via the Website, the Purchaser beneficiates from a period of fourteen (14) days upon receipt of the products to exercise its right of withdrawal (date as per postmark) without having to provide for any cause, or to pay penalties, except, as the case may be the returning fees.

If the fourteen (14) days period elapses on a Saturday, Sunday or bank holiday or any other non-working day, the period is extended until the next business day.

The Purchaser shall fill in the withdrawal form attached withdrawal process is described step by step on the Website.

If the right of withdrawal is exercised, the Company refunds the Purchaser the full price paid, as soon as possible, and at the latest in the thirty (30) days following the date upon which the Purchaser has exercised their right of withdrawal.

6-1 In accordance with the dispositions of articles L121-21 and followings of the Consumption code, the Customer beneficiates from the right of withdrawal for a period of 14 days form the date of the reception of the product. In case of an order comporting several products delivered separately, the 14 days delay begin at the date of the last shipment of the Product.

6-2 To exercise his right of withrawal, the customer must return the following to CALIPIGE :

      •      Before the expiration of the withdrawal time frame : the withdrawal form fully completed included in                 the package and on the website via a link (in that case the Customer must connect itself to his                         account then click on « History of orders and returns». Then select the concerned order and follow                   the instructions) or any clear declaration expressing the wish to retract  

      •      And at the latest 14 days following the communication of his decision to retract:  the concerned                       product and stickers in its original package, with the invoice or the shipping form (the invoice is                       available on the website, in the item « My Account » , the shipping form is included in your package),               it is to be noted that the product should not have been worn or cleaned.                           

              

            The product must be returned by the Postal Service at the following address:

                                   Société CALIPIGE    

                                   12 rue Dalou

                                   75015 PARIS

The return charges of the product are made at the sole expense of the customer.

6-3 In case the Customer wants to exercise its retraction right, CALIPIGE will directly refund on the Customer’s bank account used for the payment of the order, the amount paid for the order, in the legal time from the date at which CALIPIGE will have received the product returned by the Customer. In case the retraction doesn’t affect all the items ordered, CALIPIGE  commits itself to refund the amount paid, except the shipping costs paid.  

6-4 CALIPIGE reserves the right to refuse any returned product which might be depreciated by the Customer’s manipulation  except to except to establish the nature and features of the product concerned by the return. That will be the case if the product is damaged, soiled, incomplete or has been worn. Otherwise, CALIPIGE is not obliged to accept the returns of products and to refund the products, in case the Customer doesn’t abide by the present article relative to the conditions of exercise of the retraction right.  

Article 7 - Warranty

7-1 The Products provided by CALIPIGE  are covered by the following legal warranties:

-       The legal warranty of conformity in accordance with the consumption code as listed below, in case the Product doesn’t comply to the features mentioned in the order.

-       The hidden defects warranty in accordance with article 1641 of the civil code, as listed below

-       article L211-4 of the consumption code:

The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.

-       article L211-5 of the consumption code:

 To conform to the contract, the product must:

-        1. Be suitable for the purpose usually associated with such a product and, if applicable:

-        - correspond to the description given by the seller and have the features that the seller presented to the Purchaser in the form of a sample or model;

-        - have the features that a Purchaser might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

-        2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

-       article 1641 du code civil

A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

7-2 Whatever the warranty involved, the Customer has a two months time frame from the date of shipping the product to formulate all reserves to CALIPIGE concerning the conformity or defaults of the product, or from the date of discovery of the hidden vice, by returning the concerned product with all supporting documents.

Article 1648 al 1 of the civil code

The action resulting from unacceptable vices must be brought by the buyer "within a period of two years following the discovery of the vice".

Article L211-12 of the consumption code

Action resulting from lack of conformity lapses two years after delivery of the product.

7-3  In case of exercise one or the other of these warranties, the Customer will have firts to inform CALIPIGE by sending an email to the adress provided on the website, and then return the product with the supporting documents at the adress indicated in article 6-2.

CALIPIGE will replace or reimburse, in the best time frame and at its expense, the delivered products which the hidden vices or defaults of conformity will hab been proved by the Customer.

7-4 In case of the procedure is not respected concerning the conditions of exercise  of the warranties listed above, the product  will be considered conform and free of any vice and no claim will be accepted by CALIPIGE.

7-5  All warranties are excluded in case of wrong usage, negligence or default of maintenance by the Customer, and in case of normal wear and tear of the product, of accident or force majeure.

Article 8  Impossibility of execution  

Any events whatever their nature, escaping the will of CALIPIGE, such as  fortuitous events, force majeure, sinister, strike, administrative decision, blocking transport, which would tend to delay, to prevent, to increase  in an exhorbitant way the execution of the delivery, are of express agreement a case of suspension or extinction of the obligations of CALIPIGE, without benefit in favor of the Customer.

Article 9  Responsibility  

9-1 The responsibility of CALIPIGE  could not be involved for all the inconvenient or damages inherent to the use of the internet network, and namely the rupture of service, bugs, exterior intrusion or presence of virus.

9-2 CALIPIGE is not responsible in case of non respect of any obligations suscribed in the present general conditions of sale, either by the action of the Customer, either by the unpredictable and insurmountable action of a third party to this contract, either in case of force majeure. Namely, will be considered as constitutive of force majeure, the general or partial strikes including those affecting the activity of the depository and the shipping companies, war, riots, insurrection, social troubles, and the procurement problems of CALIPIGE.

Article 10  Customer Service

For any information, and or complaint ; the Customer can contact the CALIPIGE customer service:

- Either by email at the following address :   customer.service@calipige.com

- Either by postal mail at the following address : société CALIPIGE, customer service, 12 rue Dalou 75015 PARIS

- Either by telephone : 33 (0)6 64 25 13 99 / 33(0)658 10 54 82

Article 11   Intellectual Property 

11-1 CALIPIGE  is the sole proprietor of all contents appearing on the wesite and namely of the rights on the texts, general architecture, the animated and unanimated images, logos,  graphs and audio clips …etc.

In Accordance with the intellectual property code, any reproduction or use of any copies for any purpose other than private use is expressly prohibited without the consent of CALIPIGE.

It is the same for the translation, the adaptation or the transformation, the arrangement or the reproduction thru any art or special process.

The use of the website by the Customer doesn’t transfer any intellectual property rights on the website and its content.

The Customer who has a personal website and who desires to place, for a personnal use, on his website a direct link to the company website, must solicit, prior to this action, the written permission of CALIPIGE

Whatever the case, any link, non expressly autorised, should be retrieve upon a simple request from CALIPIGE.

The violation of this clause is an infringment on CALIPIGE rights in accordance with intellectual property laws , which is constitutive of a delinquent act that can be punishable by 3 years of prison and 300.000 euros in fines.

11-2  The CALIPIGE brand, inclunding all logos and graphs,  are registered trademarks. The  reproduction, the imitation, the use, the position, the suppression or the modification of a  registered trademark is constitutive of a delinquent act that can be punishable by 3 years of prison and 300.000 euros in fines. 

Article 12   Legal Mentions

The website is the property of 

          CALIPIGE

          LLC with a capital of 1000 euros

          RCS FORT DE France 800  990 715

          Legal address : lotissement Génipa Centre Grippa Plazza c :o VALTRIMMO 97224 DUCOS

          Secondary legal address : 12 rue Dalou 75 015 PARIS

          Cell Phone :33 (0)6 64 25 13 99 / 33(0)658 10 54 82

          N° VAT Intracommunautaire : FR 81 800990715

Publication Management: Ms Constance et Frédérique de GENTILE

Webhost: http://www.ovh.com , SAS OVH, 2 rue Kellermann, BP 80157, 59100 Roubaix 

Article 13   Personal Data (Loi informatique et liberté- cookies)

13-1 The personal data of the Customer are necessary to the management of the order and of customer relationship. These data can be transmitted  to companies which contribute to these relationships such as those in charge of the execution of services and orders for their treatment, execution, and payment. These informations and data are also kept for security reasons, in order to abide by the legal and regulatory obligations and also to be able to improve and personalize the proposed services and the information sent to the Customer.

In accordance with the law N°78-17 dated January 6, 1978 modified by the law N°2004-81 dated August 6, 2004, the Customer has a right to access, to rectify and oppose the his personal ; he can simply write on line to the Customer Service fo CALIPIGE or by postal mail, at the address previously indicated,   in providing his name, first name, e-mail address and if possible its Customer’s reference. In accordance to the present legislation, the Customer’s request must be signed and accompanied by his ID with his signature and  mention the address where the reply must be sent. A reply letter will then be addressed to the Customer within a timeframe of two months following the receipt of the request.

13-2 The Customer is informed that the website is using cookies. The cookie is computer file, hosted on the hard disk the Customer’s computer. Its main purpose is to mention a previous visit of the  Customer on the website. The cookies are only used by CALIPIGE to personalize the service proposed to the Customer.  The Customer keeps the right to refuse the cookies by configuring its internet navigator. He loses the possibility to personalize the service that is delivered by  CALIPIGE via the website.  

Article 14  Integrality of the contract

The present general conditions of sale concluded between CALIPIGE  and the Customer express the integrality of the rights and obligations of the parties to the sale contract.

If a special disposition of the present general conditions of sale is considered unvalid or declared as such by a decision of a judicial authority having competence on the matter,  or if  one of the clause of the present general conditions of sale was considered as null and void by a change in law, regulation, the other stipulations will keep their force and their scope.

This will not, in any case, affect the validity and the respect of the other dispositions of the present general conditions of sale.

Article 15   Applicable Law

The applicable law to the present general conditions of sale and to the corresponding orders is the french law, except for the Vienna Convention concerning the international contracts of sale of merchandise.

Article 16  Dispute

In case of dispute which could arise about the validity, the interpretation or the execution of the present general conditions of sale, the parties will exercise their best effort to amiably solve their differences.

In case of absence of an amiable agreement, the parties could initiate, according to their choice, a procedure of conventional mediation, or a judicial action and in that case, the dispute will be submitted to the French Courts.