Terms of Sales
These General Conditions of Sale are concluded between:
-
The company CAROLINE ANDREONI LA MAISON (hereinafter “ CALM ”), a simplified joint-stock company with a single shareholder and capital of 25,000 Euros, registered with the Paris Trade and Companies Register under number 910 733 583, whose registered office is located at 142 rue de Rivoli – 75001 Paris, on the one hand, and
-
Any natural or legal person visiting and making a purchase on the Site https:// www.carolineandreoni.com/ and hereinafter referred to as the “Customer”, on the other hand.
The General Terms and Conditions apply, without restriction or reservation, to all Orders placed by CALM Customers. CALM reserves the right to modify these General Terms and Conditions at any time and without notice. However, the General Terms and Conditions applicable to the Customer are those accepted by the Customer when placing their Order.
Any use of the Site and any placing of an Order for one or more Product(s) via the Site implies pure and simple acceptance of all of the T&Cs.
1. Definitions
The following definitions apply in these General Conditions of Sale, according to the meaning of the terms listed below (whether used in the singular or plural).
“General Conditions of Sale” or “GCS”: means this document, i.e. the terms and conditions applying in the relationship between CALM and the Client.
“Order”: means the Customer’s purchase order for one or more Product(s) placed using the Website.
“Site”: means the website https://www.carolineandreoni.com/ published by CAROLINE ANDREONI SASU.
“Product”: means a product offered for sale on the Site.
“Customer”: means any natural or legal person, of French or foreign nationality, whether professional or simple consumer, who acquires one or more Product(s) through the Site.
“Recipient”: means any natural person designated by the Customer to receive the Order.
“Return Voucher”: means the return voucher sent by CALM to the Customer under the conditions set out in article 7 hereof.
“Customer Account”: means the account created by the Customer on the Site.
2. Purpose
The purpose of these General Conditions of Sale is to determine the contractual conditions under which the Customer can order and acquire Products on the Site.
It is expressly agreed that only natural persons of legal age with the capacity to enter into contracts may order the Products. By paying for their Order, the Customer acknowledges that they have full legal capacity to adhere to the General Terms and Conditions, place an Order and conclude a sale.
In the absence of majority or legal capacity, only the legal representative (parent or guardian) is authorized to place the Order and accept these General Terms and Conditions.
3. Products
3.1 Prior information on the Products – Essential characteristics
The Products are manufactured in very limited series. They are the result of a close collaboration between CALM and passionate artisans, endowed with exceptional know-how, in contact with quality materials and materials. The Products are manufactured and shaped one by one. They are all unique.
Information relating to the essential characteristics of the Products (in particular, the price, manufacturing method, materials used, colors, dimensions and sizes), is available on the Site and directly from the CALM team.
However, differences between the Products delivered and those presented on the Site may exist, in particular for handcrafted Products for which the homogeneity of production cannot be perfectly ensured. These differences, provided that they do not relate to the essential characteristics of the Products and do not affect their quality and/or their destination, cannot justify a cancellation of the Order or a refusal of delivery.
CALM makes every effort to ensure that the photographs of the Products presented on the Site are as faithful as possible to reality. However, the perfect representation of the Products on the Site cannot be guaranteed, in particular due to differences in color rendering by Internet browsing software and/or viewing devices, CALM cannot be held responsible for the inaccuracy of the photographs appearing on the Site.
In any case, the CALM team is available for personalized support, whether via the email address shop@carolineandreoni.com, via the contact forms available on the Site, by telephone at the following number: +33 (0)1 43 06 33 18 or on Instagram via the following page: caroline.andreoni.
3.2 Availability of Products and validity of the offer
The available Product offers presented on the Site are valid while stocks last. Out of respect for the work rate of partner artisans and taking into account the manufacturing times of the Products, no restocking of the Products is planned, once they have been put on sale.
If a Product has become unavailable, a “Product out of stock” notice is indicated.
Simply adding a Product to the basket does not constitute validation of the Order. Indeed, the Product may become unavailable between the time it is added to the basket and the validation of the Order by the Customer.
In the event that the unavailability of the Product is noted after validation of payment of the Order, CALM undertakes to cancel the Order under the conditions provided for in article 4.4 hereof.
4. Order
The Order and the acquisition of the Products assume that the Customer has a computer or smartphone and Internet access, any connection or use costs of the Site remaining the exclusive responsibility of the latter.
4.1 Customer account / Prior identification
In order to place an Order on the Site, the Customer may create a Customer Account via the “Create an account” section or place an Order without creating a Customer Account, as a guest.
The creation of the Customer Account allows the Customer to:
-
Provide your personal information to facilitate future purchases,
-
View, modify and update your personal information,
-
Identify yourself before placing an Order,
-
Track your current Orders,
-
View invoices for your Orders.
The Customer is responsible for maintaining the confidentiality of their Customer Account and password, as well as for restricting access to their computer, smartphone, tablet, etc. As such, the Customer is responsible for all activities originating from their Customer Account.
If the Customer wishes to place an Order as a guest, he/she can follow the progress of his/her Order by referring to the data indicated in the Order confirmation email (article 4.2).
4.2 Registration and validation of the Order
Product and Price offers are valid as long as they are visible on the Site, within the limits of available stocks.
To order, the Customer must follow the following process:
-
The Customer must select the desired Product and add it to the shopping cart. At any time, the Customer can check the number of Products in your shopping cart and obtain detailed information on each of them by clicking on "Shopping Cart". After adding an item to their shopping cart, the Customer can continue shopping by clicking on "Continue Shopping";
-
Once your basket is finalized, the Customer must click on “Finalize my order”;
-
The Customer has the option to log in to their Customer Account, to create their Customer Account if they do not already have one, or to continue as a guest. In any event, the Customer must provide the requested information on the corresponding form. They will include, according to the instructions requested and in the fields provided for this purpose, the mandatory information for the processing of their Order (namely, in particular, their title, first name, last name, mobile phone number and valid email address);
-
The Customer must then choose the desired delivery method (if several delivery methods are possible - this depends on the Products selected and the delivery location). Otherwise, the Customer must accept the proposed delivery method and continue;
-
The Customer must then choose a payment method, read and accept all of the General Terms and Conditions and proceed to secure payment of their Order. Payment of the Order implies full acceptance of these General Terms and Conditions by the Customer;
The Order is validated. The Customer will receive an email confirming their Order.
The Customer receives an email confirming their Order as soon as CALM receives it. This email contains a summary of the Order details (Order number, Products ordered, delivery address, delivery method, total amount of the Order, etc.).
If the Customer does not receive this confirmation email, he is invited to send an email to
shop@carolineandreoni.com,
Any Order constitutes acceptance of the Prices and descriptions of the Products available for sale.
In certain cases, particularly for non-payment, incorrect address or any other problem related to the Customer Account or the Order, CALM reserves the right to block the Order until the problem is resolved.
In the event of unavailability of an ordered Product, the Customer will be informed by email. The cancellation of the order for this Product and any refund will then be made under the conditions set out in Article 4.4 hereof, the remainder of the Order remaining firm and definitive, where applicable.
For any questions relating to the tracking of an Order, the Customer is invited to contact CALM by email at shop@carolineandreoni.com, or by telephone at +33 (0)1 43 06 33 18. In order to ensure smooth processing of requests, CALM invites the Customer to include the references indicated in the confirmation email (and in particular, the Order number) in all correspondence relating to the Order.
4.3 Shipping of the Order
Once the Order has been prepared, CALM will send an email to the Customer, to the email address provided by the Customer at the time of the Order, to inform them of the shipment of their items. The Customer can then track the delivery status of their Order using the tracking information contained in the email.
In the event of a multiple Order (including several Products), it is possible that the items may be shipped in several packages, given that different delivery times are expected, or that the delivery of the items requires the intervention of separate carriers.
If the Customer does not receive any email (neither confirmation nor dispatch of the Order), the Customer is invited to contact CALM for more information.
4.4 Cancellation of the Order
CALM may be forced to cancel the Customer's Order for a legitimate reason, such as for example:
-
When the Customer has been able to place an Order and the Product is in the meantime unavailable (due to the simultaneous registration of several Orders, an error or deterioration of a Product in stock). In this case, CALM will inform the Customer as quickly as possible and will proceed to the full refund of the price paid by the Customer. In this case, the refund will be made as soon as possible and at the latest within fifteen (15) days following payment of the amount paid by the Customer for this purpose;
-
When a technical error appears during payment of the Order by the Customer;
-
When a manifest error has crept into the Product description sheet (for example, when there is an error in the essential characteristics of the Product, or when a manifestly derisory and/or erroneous price is displayed);
-
When CALM notes fraudulent or abusive use of the Customer Account or the Orders attached to it;
When CALM reasonably believes that the Customer has breached these T&Cs. CALM shall not be liable for any reason whatsoever in this regard.
In the event of cancellation of the Order, CALM will contact the Customer to try to find a solution to the problem encountered.
5. Price and payment
5.1 Price
The prices of the Products are indicated in Euros, all taxes included (TTC). They are contractual.
The prices are applicable when the Order is validated by the Customer and do not include the contribution to transport costs, invoiced in addition and indicated on the “Summary” page of the basket before the final validation of the Order.
The amount of the delivery costs will be specified before validation of the Order. Their amount depends on the physical characteristics of the Product ordered and the delivery method chosen by the Customer, if applicable.
Prices inclusive of all taxes include VAT (Value Added Tax) for products delivered in France. Products subject to VAT are subject to French VAT. Any change in the legal French VAT rates will be reflected in the price of the Products presented on the Site, on the date stipulated by the implementing decree referring to it.
CALM reserves the right to modify its sales prices at any time, it being specified that the price accepted by the Customer when validating their Order is firm and final.
5.2 Payment
All prices shown include VAT.
The total amount of an Order is made up of the price of the Products and the delivery costs.
The payment methods available to the Customer are: VISA, CB and MASTERCARD. If the payment is refused by the authorization center or by the Customer's banking establishment, the Order cannot be finalized.
After confirmation of payment by the payment provider, the Customer's bank account will be debited with the total amount of the Order.
6. Delivery and receipt of Orders
6.1 Address
Orders can be delivered to mainland France exclusively.
Orders are delivered to the Customer at the address indicated as the delivery address when placing the Order. This may be their home address, their residence, the address of a third-party beneficiary (Recipient) or a relay point.
The Customer is solely responsible for any failure to deliver due to an error or lack of information regarding the delivery address when placing the Order.
6.2 Reception
CALM may offer the Customer, at the time of placing the Order, different delivery methods depending in particular on the size of the package and the delivery address.
i. For small/medium products
The Products can be delivered to your home or to a relay point.
ii. For Bulky Products
Bulky Products will be delivered directly to the Customer's home.
Home deliveries are made anywhere in mainland France, including the floor. However, deliveries above the 3rd floor depend on access to it by elevator. Indeed, in the absence of an elevator or if it is unsuitable for transporting the Products (due to its dimensions or the maximum weight it can support), delivery can only be made via the stairwell (subject to its dimensions) up to the 3rd floor. Beyond this, or if it is impossible to deliver the Products, delivery to the floor by CALM's carrier will require the preparation of a dedicated quote.
Thus, prior to the Order, it is the Customer's responsibility to check that the Products can be physically transported to their floor or inside the delivery location, in particular by taking into consideration the size and volume of the doors, the stairwell or the elevator, as well as the height of the ceiling, with regard to the physical specifications of the Products in terms of size, volume and weight.
Consequently, if there are one or more constraints related to the premises or means of access to the delivery location, and in particular in the absence of an elevator beyond the 3rd floor or unsuitable landing door dimensions, the Customer must contact CALM to inform them prior to delivery. CALM will then draw up a quote taking these constraints into account. If the quote is accepted, the costs are the sole responsibility of the Customer, and must be paid at the latest upon delivery.
CALM shall not be held liable for the impossibility of delivering the delivered Products to the floor or inside the delivery location, in the absence of information on the need to use specific delivery methods. Where applicable, the Customer will then have the option of:
-
To ask the carrier to take back the Product in application of its right of withdrawal;
-
To accept delivery, which will only be made in front of your home or at the foot of your building.
For deliveries made by the carrier to mainland islands (excluding Corsica), these take place at the quayside on the mainland, at the ferry terminal pier. The delivery costs between the pier and the home are the responsibility of the Customer (at their own expense and risk). For the island of Oléron and the island of Ré, deliveries are made to the delivery address indicated by the Customer.
Upon delivery, a delivery slip must be signed (manually or electronically) by the Customer or Recipient, upon presentation of their identity card. This will constitute proof of delivery by CALM and receipt of the Order by the Customer or Recipient. The Products are then under the vigilance and sole responsibility of the Customer.
When the Order could not be delivered in the absence of the Customer or the Recipient, the Customer receives a delivery notice by email, informing them of the procedures for collecting the Order. If the Order is not collected following receipt of the delivery notice, under the conditions provided for therein, the Order is returned to CALM and the Customer is informed that they can request its reshipment, at their own expense. If applicable, in the absence of any action to this effect from the Customer within 15 days, CALM will consider that the Customer has withdrawn from their Order and will proceed to reimburse it through the means of payment used when placing the Order.
6.3 Verification
The Products are delivered accompanied by their corresponding delivery slip.
The Customer is required to check the apparent condition of the package and the Products upon receipt.
It is up to him to issue any reservations and complaints he deems necessary, or even to refuse the package when it is clearly damaged, defective or incomplete, specifying the reason on the delivery slip, a copy of which is given to him. Where applicable, the Customer is asked to take photos of the Products delivered, which CALM reserves the right to request from the Customer, in order to facilitate the processing of his request.
In all cases, the provisions set out in Article 8 on legal guarantees will apply. Thus, the Product delivered that is not compliant may initially only be repaired or replaced (within the limits of available stocks). However, if the new Product received is not suitable, the Customer will have the possibility to exercise, where applicable, his right of withdrawal within the remaining period, in accordance with the provisions of Article 7 hereof.
In the event that the Customer has signed his delivery slip without reservation and nevertheless notices, after opening his package, that the Products ordered are missing or damaged, then the Customer must immediately and at the latest within 48 hours of their receipt notify CALM by telephone, email or via the "Contact" section of the Site. On this occasion, CALM may request any information relating to the identity of the Customer or the Recipient to receive the goods and carry out any useful checks on this occasion.
For their claim to be valid with the carrier, the Customer must notify CALM within 48 hours of receipt by telephone, email or via the “Contact” section of the Site.
6.4 Time limits and delays
Delivery times vary depending on the Products concerned. They are indicated to the Customer in the description sheet of the Products in question.
CALM undertakes to make its best efforts to ensure that this deadline is met. However, CALM cannot be held liable in the event of failure to meet this deadline for reasons beyond its control (in particular, customs checks, etc.) or related to a case of force majeure. In such a case, CALM will contact the Client as soon as possible and will use its best reasonable efforts to minimize the consequences of the delay.
In the event of non-delivery within 30 (thirty) days after the initially planned delivery date, the Customer may contact CALM to cancel the Order and obtain a refund of the sums paid by the Customer. Also:
-
When the Order has not yet been shipped upon receipt of the Customer's Order cancellation request by CALM, delivery is blocked and the Customer is reimbursed to their bank account within 14 (fourteen) working days following receipt of the cancellation request.
-
When the Order has already been shipped upon receipt of the Customer's request to cancel the Order by CALM, the Customer will be required to refuse the package delivered to them and CALM will refund the Order to the Customer's bank account within 14 (fourteen) working days following receipt of the return of the package refused by the Customer. The return of the package will be made at CALM's expense.
7. Right of withdrawal and return policy
7.1 Legal withdrawal period
In accordance with the provisions of Articles L.221-18 et seq. of the Consumer Code, the Customer has a withdrawal period of fourteen (14) days from receipt or collection of the Products to exercise their legal right of withdrawal and thus notify CALM of their intention to return said Products.
If applicable, the Customer may obtain a refund of the price of the returned Products (delivery costs cannot be refunded).
The return will be made at the expense and risk of the Customer, except in the event of non-conformity of the products delivered in relation to the Order (in this case, the shipping and return costs will be borne by
CALM). Returns are facilitated using a prepaid Return Voucher. The amount of this Return Voucher corresponding to the return costs will be deducted from the refund.
The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless specifically indicated by the Customer.
The refund will be made as soon as possible and at the latest within fourteen (14) days following the effective exercise of the right of withdrawal by the Customer. This period may however be extended by CALM until receipt by CALM of the Products returned by the Customer at the address indicated on the Return Form, or until receipt by CALM of proof of shipment of the Products by the Customer. When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
7.2 Conditions for exercising the right of withdrawal
The Customer may exercise his right of withdrawal in the following ways:
- Step 1 :
The Customer must contact CALM within fourteen (14) days of receiving the Products. In this case, the Customer may use the withdrawal form in Appendix 1 of these General Terms and Conditions and send it to the following address: CAROLINE ANDREONI, 28 rue Frémicourt – 75015 Paris or by email to the following address: shop@carolineandreoni.com .
- Step 2 :
Upon receipt of the request to exercise the right of withdrawal, CALM will examine the Customer's request. CALM may ask the Customer to send photos of the Product they wish to return. If the request complies with the conditions for exercising the right of withdrawal, CALM will send the Customer a prepaid Return Voucher.
- Step 3 :
Once the return request has been validated by CALM, the Customer must return the Products concerned within a maximum period of fourteen (14) days to CALM, using the prepaid Return Form sent to them by CALM.
The Customer may also choose to return the Products by other means, always at his own expense and risk. If applicable, the return address for the Products is as follows: CAROLINE ANDREONI, 28 rue Frémicourt – 75015 Paris
If the deadlines are not met, CALM will not be able to reimburse the Customer.
The Products must be returned in their original packaging, intact, accompanied by all possible accessories and documentation (in particular, assembly instructions, instructions for use, certificate of authenticity, etc.), in perfect condition for resale, with the indication of the Order number to which the Products relate. The Products must be returned in packaging provided for this purpose, not allowing the identification of the Product (postal parcel, bubble envelope, kraft paper, etc.).
The withdrawal can never be exercised if the Products have been, even partially, washed, soiled, damaged or used. Similarly, any Product that is damaged, incomplete, missing or whose original packaging has been damaged, will not be refunded or exchanged and will be returned to the Customer at their expense.
CALM recommends that the Customer return their Products with additional insurance guaranteeing, where applicable, compensation for the Products up to their actual market value in the event of theft or loss of the package(s).
The Products must also be accompanied by the Order number, shown either on the prepaid Return Form, sent with the Products by the Customer, or on any other document. The Customer is informed that the use of the Return Form facilitates the processing of the return by CALM. The Customer is therefore invited to use this Return Form.
- Step 4 :
After having been examined and validated, the Products will be reimbursed by CALM under the conditions
described in article 7.1 following receipt of the Products.
8. Guarantees
8.1 Reminder of legal guarantees
- Guarantee of conformity
In accordance with Article L. 217-4 of the Consumer Code:
“ The seller delivers 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 defects in conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility .
In accordance with Article L. 217-5 of the Consumer Code:
“ The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has 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 labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted .
In accordance with Article L. 217-12 of the Consumer Code:
“ The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods .”
- Guarantee against hidden defects In accordance with 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 only have paid a lower price for it, if he had known of them. "
In accordance with Article 1648 of the Civil Code:
" The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity. "
8.2 Implementation of guarantees by CALM
The Products sold by CALM benefit from the legal guarantee of conformity and the guarantee against hidden defects, allowing the Customer to return defective or non-compliant Products delivered to CALM free of charge.
Therefore, the Customer must ensure that the Products delivered to them correspond to their Order. Failing this, they can inform CALM as soon as possible by email to the following address: shop@carolineandreoni.com or by mail to the following address: CAROLINE ANDREONI LA MAISON, 142 rue de Rivoli – 75001 Paris.
If applicable, the Customer must return the Products to CALM, in their original packaging, complete and new, accompanied by all accessories and documents provided.
If the non-conformity is proven, CALM will refund the price, VAT, delivery costs and reshipping costs (upon presentation of supporting documents) within 14 (fourteen) working days from receipt of the returned Products. The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless specifically indicated by the Customer.
8.3 Exclusion of warranties
Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty will not apply to visible defects. The warranty will not cover returned Products damaged during transport or due to improper use.
9. Intellectual Property
The Site and each of the elements that compose it, in whole or in part, (its tree structure, brands, graphics, texts, information, videos, photographs, sounds, images, visuals, illustrations, graphic elements, etc.) are subject to French and international legislation, in particular that relating to intellectual property law, including copyright.
These elements are and remain the exclusive property of CAROLINE ANDREONI and/or its partners, holders of the intellectual property rights relating thereto, which the User expressly acknowledges.
In particular, the trademark “CAROLINE ANDREONI” is registered with the INPI. All other trademarks mentioned are the property of their respective owners.
No User of the Site may claim or assert any right to all or part of these elements.
Furthermore, the use of all or part of these elements without the express, prior and written authorization of CAROLINE ANDREONI and/or its partners is strictly prohibited under penalty of criminal and civil prosecution, subject to the exceptions provided for by the law and regulations in force.
10. Retention of title – transfer of risks
CALM retains full ownership of the Products sold until full payment of the price, VAT and delivery costs.
The risks of loss and damage to the Products ordered are transferred to the Customer at the time they are handed over upon delivery.
11. Insurance
CALM confirms that it has taken out transport insurance for the delivery of the Products, in force on the day of the Customer's Order, with the companies [to be completed] and its own insurer.
12. Liability
The Client undertakes to provide CALM with complete, accurate and up-to-date information. CALM shall not be held liable in any way in the event of:
-
Failure of the Customer's means of payment;
-
False information or errors in entering contact details by the Customer;
-
Use of the Products not in accordance with the recommendations (maintenance, use, storage, cleaning, etc.);
-
Any damage resulting from the fault or negligence of the Customer;
-
Any damage resulting from an insurmountable event relating to force majeure;
-
Any damage resulting from a third party outside these terms;
-
Any damage resulting from a fault or impossibility of delivery by the carrier, in accordance with the provisions of article 6.2 of the General Terms and Conditions.
CALM, in all stages of the online sales process, is only bound by an obligation of means. It cannot be held responsible for technical or material errors, or for any direct or indirect damage such as loss of data, intrusion, interruption of service, other involuntary problems or cases of force majeure resulting from the use of the Internet network or the Site.
CAROLINE ANDREONI cannot be held responsible, in any capacity whatsoever, in the event of:
-
Inaccessibility or interruption of the Site, in whole or in part, due to an update or ongoing maintenance operations, or for any other reason whatsoever,
-
Occurrence of bugs,
-
Malfunction or damage to the User's information systems,
-
Financial consequences and/or damages resulting from consultation of the Site which does not comply with these terms and conditions,
-
Indirect or unforeseeable damages caused in the context of consulting the Site,
-
Damage resulting from malicious and fraudulent intrusion by a third party resulting in a modification of the information made available on the Site,
-
Damages, direct or indirect, whatever the causes, origins, nature or consequences, caused by anyone's access to the Site or the impossibility of accessing it, as well as the use of the Site and/or the credit given to any information coming directly or indirectly from the latter,
-
More broadly, of all consequences linked to a breach by the User of these terms or linked to a violation of the rights of CAROLINE ANDREONI.
The Customer acknowledges having verified that the computer configuration he uses to access the Site does not contain any viruses and that it is in perfect working order.
Furthermore, CALM cannot be held responsible for the delay, loss or incorrect delivery of an email, nor for its sending or not sending to an incorrect email address.
The Client acknowledges that CALM has fulfilled all of its obligations to advise and provide information regarding the essential characteristics and operating procedures of the Site.
The Site may include links to other websites or other sources on the Internet. To the extent that CALM cannot control these external sites and sources, CALM cannot be held responsible for the availability of these external sites and sources, and cannot bear any responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources.
Furthermore, CALM shall not be liable for any actual or alleged damages or losses arising from or in connection with access to, use of, or reliance on the content, goods, or services available on such external sites or sources.
Finally, and given the global nature of the Internet, the User undertakes to comply with all public order rules relating to the behavior of Internet users and applicable in the country in which he/she uses the Site. The User acknowledges and accepts the risks inherent to the Internet.
CALM cannot be held liable for the direct or indirect consequences of an Order cancellation or a delivery delay for which it is not responsible, in particular in the event of disruptions to postal or transport services, and generally for any event beyond its control or force majeure. In any event, CALM's liability is limited to the reimbursement of the sums paid for the acquisition of the goods and the related delivery costs, and without prejudice to its rights and remedies.
13. Force majeure
CALM cannot be held liable if the non-delivery or delay in delivery of the Order results from a case of force majeure, within the meaning of Article 1218 of the Civil Code, including cases of health crisis, epidemic, fire or flood.
Where applicable, CALM must inform the Client of its inability to perform its service and provide justification, within 3 (three) working days from the occurrence of the event.
The execution of the obligation is suspended for the entire duration of the force majeure if it is temporary. If the impediment lasts more than 60 (sixty) working days or is permanent, the Order is automatically terminated and the Customer is reimbursed as soon as possible, to his bank account.
14. Personal data and Cookies
As part of the use of the Site and the acquisition of Products, CALM collects and processes the Client's personal data.
It has also installed Cookies on the Site, in particular to facilitate navigation and measure the audience.
To find out more, the Client is invited to read the Personal Data Policy attached to these General Terms and Conditions, the Personal Data Policy accessible at the bottom of the Site and the Cookies Policy accessible at the bottom of the Site.
15. Miscellaneous provisions
The relations between CALM and the Client relating to the subject of these T&Cs set out in Article 2 above are exclusively governed by these T&Cs.
Any waiver, regardless of its duration, to invoke the existence or total or partial violation of any of the clauses of the T&Cs cannot constitute a modification or deletion of said clause or a waiver to invoke prior, concurrent or subsequent violations of the same or other clauses.
The possible cancellation of one or more clauses of the T&Cs shall not affect its other provisions which shall continue to produce their full and entire effect provided that the general economy of the T&Cs can be safeguarded.
16. Customer Service - Complaints
In the event of any questions or complaints relating to the Site or the Products, the Customer may contact CALM Customer Service by email at the following address: shop@carolineandreoni.com .
17. Disputes and applicable law
The T&Cs are subject to French law and fall under the exclusive jurisdiction of the competent French courts, subject to the applicable mandatory provisions.
In the event of a possible complaint, the Customer must contact CALM in order to attempt to find an amicable solution to the dispute, by email to the following address: shop@carolineandreoni.com, or by post to the following address: CAROLINE ANDREONI SASU, 142 rue de Rivoli – 75001 Paris.
When the Customer is a consumer and in the event of a complaint not resolved amicably with CALM, he/she may submit the dispute to a consumer mediator. Consumer mediation is available to anyone having a dispute with a professional who has sold them a product or provided them with a service. Mediation is a method of amicable dispute resolution, free for the consumer and confidential. The terms and conditions for contacting the mediator are set out on the following website: https://www.economie.gouv.fr/dgccrf/Publications/Vie-pratique/Fiches-pratiques/mediation-de-la-consommation;
It may also attempt to resolve the dispute amicably via the online dispute resolution platform implemented by the European Commission and accessible on the following website: https://ec.europa.eu/ .
Last updated: 06 05 22
APPENDIX 1 – Model form for exercising the right of withdrawal
To the attention of CAROLINE ANDREONI LA MAISON - Customer service - CAROLINE ANDREONI SASU, 142 rue de Rivoli – 75001 Paris
Email: shop@carolineandreoni.com
I hereby notify you of my withdrawal from the contract for the sale of the property below:
Nature of the Product(s): [ ............................................................... ]
Ordered on [ ............................................................... ] received on [ .................................... ] Order Number: [ ............................................................... ]
Name of Client(s): [ ........................................................................ ]
Address of the Client(s): [ ............................................................................................. ]
Signature of the Client(s) ( only if this form is notified on paper )
Place : [
Date : ]