Scope
These conditions apply to all uses of the Caelina Maximus Site by natural or legal persons, of legal age and/or legally capable.
This document applies, without restriction or reservation, to all sales concluded between the Parties in France and abroad. No particular condition can, except in formal exceptions written and signed by the Customer and the Seller, prevail over these General Conditions of Sale and Use. If one of the clauses of these general conditions of sale is found to be void or canceled, the other clauses will not be canceled.
Any use of the Site implies that the User has read the general conditions and adheres to these same conditions. Prior to the validation of any order, the User must acknowledge having read the General Conditions of Sale and Use (CGVU) and accept them. For this purpose, no handwritten signature will be required. In any case, the General Terms and Conditions are accessible at any time from the Site. The Seller reserves the right to make modifications to these in order to adapt them to the terms of sale and operation of the Site and a Product.
Lexicon
Client: Any natural or legal person who has a personal account on the Site.
Site: Designation of the Caelina Maximus sales platform.
Seller: Professional, supplier of products or services intended for sale on the Site.
Product: Any good offered for sale on the Site and contained in the catalog.
User: Any person who visits the Site and/or requests the creation of a personal account.
Identification of the Seller and the Site
The Caelina Maximus company is located at 10 Rue de L’abbaye D’Ainay – 69002 Lyon.
The Seller can be reached:
By e-mail to the following address: contact@caelinamaximus.com
By telephone at: +33 (0)6 65 75 60 97
By mail to the following address: 10 Rue de l’Abbaye d’Ainay – 69002 Lyon
The Caelina Maximus Website is published by the company Caelina Maximus and is hosted by OVH.
Object
The Seller operates a women's clothing and accessories business.
The production, design and creation of the Products are carried out by the Seller who may call on external professionals for the supply of materials and certain tasks relating to the production of the Products.
Prices
Prices are freely set by the Seller. The prices charged are those in effect on the day of the order and communicated by the Seller. Any additional costs or increases may apply in the event of specificity due to the nature of the Product, or due to the Customer's requirements, delivery terms or otherwise.
In any case, the total amount is indicated to the Customer prior to validation of his order and payment. Failing this, any increases that may be applied will be expressly specified to the Customer. Prices are, in principle, in euros and are indicated inclusive of tax. In the event of a currency change, additional taxes or fees may be added depending on the currency and country concerned (example: customs fees).
On certain products or specific orders, a deposit may be required by the Seller, the amount and payment terms of which will be expressly specified to the Customer prior to validation of their order. In the absence of payment of said deposit, the Seller reserves the right not to fulfill its obligations relating to the order.
No reminder is required for the application of late payment penalties which run automatically from the first day of late payment. The amount of the penalties results from the application to the sums remaining due of three times the legal interest rate in force at the time of the incident. In addition, a fixed compensation for recovery costs of 40 euros will apply under article D 441-5 of the Commercial Code.
Payment terms
The Customer selects their payment method at the end of their order and has the possibility of paying by:
- Bank card
– Paypal
–Stripe
– Transfer subject to prior agreement (in the event that this method is the only possible one)
Provisions relating to Products and Orders
Products
The Products are those which appear on the Seller's list or catalog or those offered by the latter to the Customer according to his request and his needs.
Purchases and orders
Any purchase or order of one or more Product(s) by a Customer is made on request and depending on the availability of the desired reference(s).
Any request must be made by the Customer:
– Via the website
– By Instagram
The Seller offers the possibility of making pre-orders prior to any start of marketing of a Product or in the event of temporary unavailability or out of stock of one or more possible references. The Customer will have all the information relating to the Product(s) and an expected delivery date. Any delay will be notified immediately.
Delivery
Delivery takes place in accordance with what was indicated to the Customer or selected by the Customer at the time of his order. The Products are shipped by a third party who will communicate to the Seller all information relating to delivery tracking as soon as the order is shipped. Upon receipt of this information, the Seller will send it to the Customer. The Seller undertakes to ensure that the announced deadlines are respected. Any delay in preparing and shipping the order will be notified to the Customer by e-mail, telephone or SMS.
Cancellations, returns and Product Warranty
The Customer has the possibility of canceling his order for a period of 24 hours after validation of his order and prior to its delivery or shipment.
The Customer has the option of returning the order partially or completely:
– If there was an error in your order
The Customer then has a period of 6 days from receipt of the order to request a return.
Returns are the responsibility of the Customer and must be made within 6 days.
Any return must be subject to the agreement and acceptance of the Seller prior to shipment.
In terms of Product warranty, the French and European legal and regulatory provisions relating to sales to individuals on the one hand and those applicable to sales between professionals for any order or purchase made by a professional or a legal entity on the other part are applicable.
Right and period of withdrawal
Due to the specificity of the Products sold by the Seller and in application of the provisions of article L221-28 of the Consumer Code, the right of withdrawal is not applicable.
Responsibility
The Seller's liability is in no way based on the direct or indirect consequences, whether on people or property, of a malfunction of a product sold subject to legal provisions of public order. The Seller's liability is strictly limited to the amounts of the Products sold. Its liability cannot under any circumstances be incurred in the event of non-compliance by the Customer with the obligations of these General Terms and Conditions.
Liability cannot be incurred in the event of misuse of the Product(s) purchased, any modification made to the functionalities or destination relating to the Product(s) and for any cause. foreign to the Seller. Any delay in delivery of the order for a cause which is external to the Seller and independent of the Seller's control cannot under any circumstances be blamed on the Seller.
Any action taken by the Customer due to the manufacture of the Product(s), their packaging and conservation may be initiated against the Seller who may himself take action, call for warranty or involve his supplier(s). ) materials or any professional who participated in the production of the Products.
Intellectual property
The Seller retains intellectual property over its products, including after the sale, under articles L.111-1 and L.711-1 of the Intellectual Property Code. The Seller reserves, in fact, the right to take legal action in the event of copying, reproduction or counterfeiting made from its products, including after their sale. However, no claim from the Seller can be made in the event of resale of the product by the Customer, provided that the latter takes full responsibility for this resale and its legality.
Protection of personal data
In accordance with law n°78-17 of January 6, 1978 and the provisions of the General Data Protection Regulation (GDPR) n°2016/679, the Customer has the right to query, access, modify , opposition and rectification of personal data by contacting the Seller:
By e-mail to the following address: contact@caelinamaximus.com
By mail to the following address: 10 Rue de l’Abbaye d’Ainay – 69002 Lyon
Force majeure
The Seller's liability cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure within the meaning of Article 1218 of the Civil Code.
Applicable law and competent jurisdiction
These general conditions are subject to French law. French law and the French courts have jurisdiction in the event of a dispute or dispute between the Parties.
Conditions and Terms of Use of the Site
The users
All Users undertake to make appropriate use of the Site, to provide truthful information on its structure, contact details and all information communicated during their registration request.
Customers
Each Customer undertakes to keep their data up to date each time they use it on the Site. It also undertakes not to commit illicit or illegal activities, not to disseminate content or propaganda contrary to good morals, good faith and public order. Any hateful, slanderous or disrespectful comment against the Seller, the brand and its employees, or another Customer, will be subject to prosecution.
Registration details
Each User must provide the information requested by the Site for any account creation, namely:
- Name
- First name
- Date of birth
- Address
- E-mail address
– Telephone number
The User will create a personal and unique password on this occasion. The Customer must accept these general conditions of sale and use, downloadable at any time. As soon as the account creation is validated, a confirmation email will be sent to the address provided on this occasion.
Order process
Any order is first subject to a proposal to create a personal account or a connection to an existing one, if applicable. However, the creation of the account will not be obligatory but strongly recommended.
In the absence of account creation, this proposal will be submitted to the Customer for each new purchase. The Customer will have all the information relating to the Products, their description, and their reference, before any order validation. The ordering process is as follows:
– Selection of a Product(s) available on the Site and desired by the Customer and addition of the product(s) to their online basket,
– At the end of the selection and before any order validation, the Customer has access to his basket and the summary of the desired Products, the unit amount of each item, any delivery costs and the total amount. It has the ability to add or delete articles.
– The Customer then provides information relating to the delivery of their order and then selects the desired payment method.
– The order is validated once payment is accepted. The Customer then receives all the information relating to the confirmation of his order.
The Customer has all the legal information found in the general conditions of sale and use (which can be consulted or downloaded at any time) on the one hand and in the confirmation email from order (printable at any time) on the other hand.
Responsibility relating to the Use of the Site
The Site cannot be held responsible for damages of any nature whatsoever, which could result in errors or omissions in the content, a lack of availability of the Site or the transmission of viruses, malicious or harmful programs, despite the fact that all technological measures aimed at avoiding this inconvenience have been adopted. The Site declines all responsibility for the possible consequences of a User's connection to the Site via an unsecured and/or faulty internet network. The Site also declines all responsibility regarding any form of hacking, cyber espionage, cyber attack or inappropriate speech emanating from a third person, which is not the work of one of the members of the Caelina Maximus company.
Annex
Article L217-5 of the Consumer Code:
“The good 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 it presented to the buyer in the form of a sample or model; if it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, particularly 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. »
Article L127-6 of the Consumer Code:
“The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them. »
Article L127-7 of the Consumer Code:
“Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
Article L127-8 of the Consumer Code:
“The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied. »
Article L127-9 of the Consumer Code:
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »
Article L127-10 of the Consumer Code:
“If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor. »
Article L127-11 of the Consumer Code:
“The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages.”
Article L127-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
Article L127-13 of the Consumer Code:
“The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is available to him. recognized by law. »
Article L127-14 of the Consumer Code:
“Recursory action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code. »
Article L127-15 of the Consumer Code:
“The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good or the provision of any other service in relation to the property, in addition to its legal obligations aimed at guaranteeing the conformity of the property. The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor. In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code. The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full in the CONTRACT. In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to take advantage of this. »
CONTRACT
Between
The Caelina Maximus Company, located 10 Rue de L’abbaye D’Ainay – 69002 Lyon, hereinafter referred to as “The Seller”
And
The [SAS/SASU/SARL/EURL] NAME whose head office is located [TO BE COMPLETED], registered with the CITY RCS under number [TO BE COMPLETED], whose SIRET number is [TO BE COMPLETED].
The micro enterprise [TO BE COMPLETED] established [TO BE COMPLETED] whose SIRET number is [TO BE COMPLETED].
Mr / Mrs [TO BE COMPLETED] domiciled [TO BE COMPLETED].
Hereinafter referred to as the “Client”,
On the other hand,
Together called “The Parties”,
THE FOLLOWING HAS BEEN AGREED
As a preliminary
The Seller operates a women's clothing and accessories business.
Object
The purpose of this Contract is to define the conditions and terms of production, sale and delivery of the Seller's Products to the Customer.
The Parties agree to the Sale of the following references according to the prices defined below:
THE PRODUCTS CHOOSED BY THE CUSTOMER AND, IN FACT, ADDED TO THE BASKET, THE PURCHASE OF WHICH HAS BEEN VALIDATED BY THE CUSTOMER. THE PRODUCT(S) CONCERNED ARE APPEARED IN THE CAELINA MAXIMUS CATALOG ON THE SITE, WHICH DETAILS ALL THE FORMAL CONDITIONS AS WELL AS THE PRICE.
This paragraph therefore varies depending on the products concerned by the sale, but always refers to the Caelina Maximus catalog, available online.
Order conditions
Any request can be made by the Customer:
– Via the website
The Customer has the option of returning the order partially or completely:
– If there was an error in your order
The Customer then has a period of 6 days from receipt of the order to request a return.
Any return must be subject to the agreement and acceptance of the Seller prior to shipment.
Returns are the responsibility of the Customer and must be made within 6 days.
In terms of Product warranty, French and European legal and regulatory provisions relating to sales to individuals are applicable.
Prices and payment terms
In return for the Product(s), subject of this Contract, the Customer will be liable for the amount determined and clearly displayed at the time of launching the online payment procedure. This sum must be paid at the time of sale or, in the case of a specific order, upon receipt of the invoice. All prices can be consulted in the Caelina Maximus catalog, online.
Payment must be made by:
- Bank card
– Paypal
–Stripe
– Transfer (subject to prior acceptance by all parties, and in the absence of any other possible means of payment)
No discount will be granted in the event of early payment. No reminder is required for the application of late payment penalties which run automatically from the 31st day following the date of the invoice. The amount of the penalties results from the application to the sums remaining due of a legal interest rate in force at the time of the incident. In addition, a fixed compensation for recovery costs of 40 euros will apply under article D441-5 of the Commercial Code.
Contract length
This Contract is concluded for a fixed period, it will begin upon signature of the Contract and end at the end of the Sale agreed between the Parties, at the expiration of the previously mentioned deadlines. However, the conditions of the Seller's Property Rights, detailed below, are valid indefinitely.
Rights, obligations and commitments of the Parties
The Parties undertake to carry out their tasks in accordance with the rules of the art, in the best possible manner and to respect the provisions of this Contract in their entirety.
The Seller undertakes to respect its commitments, to honor the order(s), to respect the announced deadlines and to notify the Customer without delay of any delay or any anomaly observed. The Seller undertakes to ensure optimal quality of its Products. The Seller assumes responsibility for the Products sold to the Customer, within the limits of the applicable legal and regulatory provisions and is limited to the amounts of the Products Sold. On the other hand, the Seller cannot under any circumstances be held responsible for any damage or incident likely to occur due to use of the Products not in conformity with their use or their destination or occurring due to the conditions of routing by the carrier, or non-compliant storage by the receiving organization or the Customer himself. The Seller cannot be held liable in the event of modification of the Products by the Customer or by a third party. The Customer's liability may be called into question if the damage or incident is his fault or in the event of shared responsibility.
Any action taken by the Customer due to the manufacture of the Product(s), their packaging and conservation may be initiated against the Seller who may himself take action, call for warranty or involve his supplier(s). ) materials or any professional who participated in the production of the Products.
The Customer undertakes to respect exclusivity with regard to the Seller for all the Products, subject of this Contract, for the entire duration of the Contract.
Said exclusivity applies without any geographical limitation.
Failure to comply with this exclusivity commitment will give rise to the right to compensation for the damage suffered by the Seller as a result and exposes the Customer to legal proceedings.
The Customer, for his part, undertakes to pay for the order(s) according to the provisions set out above. He undertakes to respect the use and destination of the Product(s) and to inform the Seller of any anomaly or defect observed without delay.
Intellectual property and exploitation rights
The Seller retains intellectual property over its products, including after the sale, under articles L.111-1 and L.711-1 of the Intellectual Property Code. The Seller reserves, in fact, the right to take legal action in the event of copying, reproduction or counterfeiting made from its products, including after their sale. However, no claim from the Seller can be made in the event of resale of the product by the Customer, provided that the latter takes full responsibility for this resale and its legality.
Breach of contract
Termination of the contract cannot, in principle, take place before the end of the sale made by the seller except in the event of an express mutual agreement of the Parties. Any failure by one of the parties to fulfill its obligations may result, if the creditor of the unfulfilled obligation so wishes, in the automatic termination of this contract. Termination will take place following the sending of a formal notice from the creditor sent by registered letter with acknowledgment of receipt which remains without effect, without prejudice to any damages and interest.
Finally, in the event of force majeure within the meaning of article 1218 of the Civil Code, the contract ends immediately upon the occurrence of the cause causing the force majeure, without damage to the Parties.
Applicable law and jurisdiction
This Contract is subject to French law and falls within the jurisdiction of the French courts.
Made in Paris
Made on: Date of sale
Signature of the Seller:
Signature of the Customer: Considered acquired upon receipt of the latter's agreement regarding the General Terms and Conditions, before the actual online sale.