Terms of Sales

 

  1. DEFINITIONS

The CLIENT : contracting partner of LOU QUEIRELET SARL, this is the natural or legal person, private or professional, purchasing items on the website of the client company.

LOU QUEIRELET SARL : the seller of the items as identified on the offer, the order, and / or on the invoice, namely:

Calaben

European Union brand owned by Benjamin d’Alayer and made available to LOU QUEIRELET SARL free of charge.

LOU QUEIRELET SARL:

Capital 12,000 €

VAT identification number: LU33175249

VAT registration number: 2021 2432 203

RCS: B2254787

Establishment number: 10130871/0

Order : written (paper / email format) sent by the CLIENT to LOU QUEIRELET SARL forming the contract. The Order is generally understood as the online form made available to the CUSTOMER where the latter will include the information necessary for his identification and in particular his name, first name, telephone number, postal and electronic address and billing and delivery address.

Price: sum due to LOU QUEIRELET SARL by the CUSTOMER. The prices which appear on the site www.calaben.com are expressed in euros, VAT included and are also indicated with their modalities on the invoice.

Suppliers : contracting partner of the LOU QUEIRELET SARL company which supplies all or part of the items to LOU QUEIRELET SARL.

Contractual package: these are the present general conditions as well as the possible offer including any appendices but also any agreements / special conditions. The whole is hereinafter referred to as the “contract”.

  1. SCOPE

The contract is applicable to the sales of products, supplies, services as well as to any work whatsoever carried out by LOU QUEIRELET SARL and that according to the prices appearing on the site. www.calaben.com otherwise in the possible offer made to the CUSTOMER, whatever his mode of communication (email, paper, etc.) and / or on the invoice. Any modification whatsoever of this contract must be confirmed by LOU QUEIRELET SARL in writing on paper. All other conditions are excluded. By placing an order, the CUSTOMER acknowledges having read this contract and expressly accepts it.

These general conditions are deemed to govern exclusively the relations between the parties to the exclusion of all other general and / or special conditions of purchase of the CUSTOMER.

  1. QUOTES, ORDERS, CONTRACT

If the customer wishes to place an order via the Internet, he must first identify himself on the site www.calaben.com . To this end, he will complete, according to the information provided to him online, a form made available to him in which he will include the information necessary for his identification and in particular his name, first name, telephone number, postal address, email address, billing and delivery address. Further information may be requested thereafter to ensure the quality and safety of the delivery. All information is presented to the CUSTOMER in the languages available on the site.

The CUSTOMER having chosen the products presented, will definitively validate his order by clicking on the button “Order” to show his commitment and his acceptance of the General Conditions of Sale. From this moment, the order is recorded, and an order number is communicated to the CUSTOMER as well as a confirmation on the screen and / or by e-mail. The data recorded by LOU QUEIRELET SARL constitute proof of the nature, content and date of the order.

 

  1. PRICES AND TERMS OF PAYMENT

4.1 Determination

The prices which appear on the site www.calaben.com are expressed in euros including VAT and are also indicated with their modalities on the invoice. All additional information can be found on the website in question.

Delivery costs will be calculated based on the order.

Customs duties may be required depending on the country. The customer alone will bear the costs.

4.2 Terms of payment

In principle, the items are payable in cash at the time of placing the Order.

By credit card: To pay by credit card, the CLIENT simply has to select this payment method online at the end of the Order. LOU QUEIRELET SARL affirms to have implemented all the means to ensure the confidentiality and the security of the banking data transmitted via Internet. As such, the site www.calaben.com uses a secure payment by credit card type SSL (Secure Socket Layer) module from the company STRIPE. The validation of the order by credit card constitutes a mandate to pay the price including all taxes of the Order.

Wire Transfer :
The CUSTOMER simply has to choose this method of payment on the online payment form when validating the Order. The banking information to proceed with the transfer will be communicated in the confirmation email sent to the CUSTOMER. The Order will only be processed after receipt of payment and after validation. Bank and bank transfer fees will be borne by the CUSTOMER.

Online payment: LOU QUEIRELET SARL reserves the right to make any other secure online payment method available to the CUSTOMER, for example “Paypal”.

4.3 Late or non-payment

RESPECT FOR PAYMENTS IS AN ESSENTIAL CONDITION OF THE CONTRACT.

LOU QUEIRELET SARL may suspend services of any kind and withhold all supplies, materials and / or parts by derogation from article 1583 of the Civil Code until full payment of the amount due including interest . In the event of delay in payments, the Law of April 18, 2004 relating to payment periods and interest on late payments will be applied as of right, as amended, otherwise any other legal text which may replace it. A late interest rate will be applied corresponding to the key rate of the European Central Bank increased by 7 points. The recovery costs will be the sole responsibility of the CUSTOMER and late penalties will be charged.

  1. DELIVERY, TRANSFER OF THE THING

5.1 Delivery method

The delivery of the packages will be carried out by post, respectively by any other service provider freely chosen by LOU QUEIRELET SARL.

LOU QUEIRELET SARL delivers to the following countries:

– European Union

– Swiss

For overseas departments and territories and all other countries, it is advisable to consult LOU QUEIRELET SARL beforehand.

 

5.2 Delivery times (internet)

The delivery times given to the CUSTOMER are estimated and are not binding. The CUSTOMER acknowledges that in certain cases LOU QUEIRELET SARL is itself bound by its own Suppliers but also by the postal services so that there can be no guarantee in this respect.

In principle, if the item ordered is available in stock, the shipping time is approximately 2 to 4 working days for France / The Grand Duchy of Luxembourg and 3 to 7 days for any other country in the European community. This estimate is valid for any order placed before 9:00 a.m. and upon validation of receipt of payment. In case of out of stock, the reorder time is approximately 6-8 weeks. Shipping times will only start from the date of payment of the order.

The delivery time may be lengthened in the event of a customs blockage. The client company cannot be held responsible for this. Delivery times can also be extended in the event of strikes, lockdowns. LOU QUEIRELET SARL cannot be held responsible for this.

Consequently, delays can never give rise to termination of the contract unless the delay is greater than six (6) months. In the latter case, the CUSTOMER may cancel his order and any payments will be returned.

  1. LIABILITY OF LOU QUEIRELET SARL

6.1 limitation of liability

The total amount of compensation that LOU QUEIRELET SARL could be required to pay to the CUSTOMER for any reason whatsoever is, by mutual agreement, limited by the parties to the price of the defective items.

6.2 Guarantees

6.2.1 General

Upon receipt of the items, the CUSTOMER must immediately check their condition and conformity. All complaints relating to a defect in the delivered goods, an inaccuracy in the quantities or an incorrect reference in relation to the Order confirmed by LOU QUEIRELET SARL must be made in writing within four (4) days of receipt of the goods at failing which the right to the complaint will cease to be acquired.

Any return of goods, excluding withdrawal periods (seven calendar days in writing on paper if not on any durable medium, if you have ordered from mainland France, the Hamon law allows you to retract within 14 days from the date of receipt of the products), requires the prior agreement of LOU QUEIRELET SARL and the obtaining of a return number issued by the latter to the CUSTOMER which must be clearly written on any returned package.

The return of goods is carried out at the expense of the client company. Products returned by carrier without physical protection or poorly protected cannot benefit from the guarantee, it is therefore the CUSTOMER’s responsibility to ensure that the product (s) returned is protected and insured during transport.

It is the customer’s responsibility to keep the packaging, accessories supplied with the product as well as any labels affixed to the product or its packaging, and which are necessary to benefit from the return guarantee.

LOU QUEIRELET SARL will ensure that the warranty is applied to any product returned as soon as possible.

The guarantee cannot be called upon in the event of non-compliance with the terms of payment.

 

6.2.2 Disclaimer of warranty

The guarantee relates only to the supplies supplied by LOU QUEIRELET SARL as specified on the invoice.

The warranty does not apply when it is established that the problem is due to negligence, malice, failure to observe maintenance rules, improper use, lack of care and / or maintenance. or even the inexperience of the CUSTOMER and / or his agents.

6.3 Intellectual property, trademarks and patents, rights of third parties

The client company owns the printed, embroidered, glued or heat-sealed patterns.

Any reproduction is illegal.

6.4 Right of withdrawal

From the date of delivery, CUSTOMERS acting as individuals have a period of fifteen (15) working days to act by returning the order within this period and be fully reimbursed (including shipping costs). However, the costs of returning the goods by carrier to LOU QUEIRELET SARL remain the responsibility of the CUSTOMER.

Incomplete, worn, damaged or soiled items will not be taken back and will not be reimbursed.

  1. CUSTOMER RESPONSIBILITY

7.1 Execution of the contract

The CUSTOMER undertakes to perform this contract as a “good father”. This concept is understood in the sense conferred on it by civil law. Consequently, the CUSTOMER undertakes to provide loyal and high-quality data to LOU QUEIRELET SARL, in particular concerning its contact details.

The CUSTOMER must communicate to LOU QUEIRELET SARL all the technical information necessary for the successful completion of the entrusted mission. In addition, the CUSTOMER undertakes to immediately communicate any changes relating to this information which are necessary for the proper performance of the contract by LOU QUEIRELET SARL and to report it in writing on paper and / or email.

7.2 Warranty claim

The CUSTOMER guarantees LOU QUEIRELET SARL against any possible recourse by third parties for facts attributable to the CUSTOMER and in particular relating to misuse, use for fraudulent purposes, respectively any inappropriate use of items originating from LOU QUEIRELET SARL, before all jurisdictions. national and international regardless of the applicable legislation.

Consequently, the CUSTOMER undertakes, on the one hand, to insure at its own expense the sums incurred in the event of claims and in particular those incurred in the defense of LOU QUEIRELET SARL in the event that the latter are sued before any court whatsoever due to the fact client.

  1. RETENTION OF OWNERSHIP

Notwithstanding article 1583 of the Civil Code, it is expressly agreed that LOU QUEIRELET SARL retains ownership of the items sold until full payment of all amounts due. If for any reason, the CUSTOMER is in possession of products and / or supplies, he bears the risk thereof.

Consequently, as long as the CUSTOMER has not paid in full for the products and / or supplies, he will not be able to dispose of them freely.

  1. FORCE MAJEURE

Any event outside the control of either party and against which it could not reasonably protect itself constitutes a case of force majeure and therefore suspends the obligations of the parties. There is no place for any damages when, as a result of an event of force majeure or a fortuitous event, either because of a third party, the debtor has been prevented from giving or doing what he had to. The parties admit, without this list being exhaustive, by agreement between them that it emerges in particular, either from force majeure, or fortuitous event, or due to a third party, the damages having their origins or their causes in: a strike of postal services, an epidemic, a pandemic, a lockdown, a shutdown of energy supply, a failure of the Internet network or networks that would replace it, a failure of the Telecommunications network, wars, riots or popular movements , terrorist acts or public authorities.

  1. CONFIDENTIALITY CLAUSE

Each of the parties undertakes in its own name, as in that of its collaborators, to consider as confidential during the term of this contract and after its expiry, the documents, know-how, industrial techniques coming from the other party of which it could have been made aware during the execution of this contract and not to use them outside the needs of this agreement.

  1. TERMINATION / RESOLUTION

11.1 In the event of a serious breach

In the event of a serious breach by the CUSTOMER of the obligations hereof, LOU QUEIRELET SARL may assert the automatic termination of the contract without any other formality or legal procedure. The following is in particular to be considered as a serious breach on the part of the CLIENT: the non-payment, even single, of one or more invoices.

11.2 Legal proceedings

In the event of amicable settlement, judicial reorganization or liquidation proceedings, bankruptcy or similar proceedings, this contract may be terminated automatically, without notification from the date of signature of the amicable agreement or the date of the termination. decision of the competent court.

  1. CONTRACTUAL DEROGATIONS

For reasons related to practice LOU QUEIRELET SARL may possibly enter into agreements derogating from these general conditions or adapt the various rights which appear therein, or even supplement them. When such special agreements are made with the CLIENT, they must necessarily be made exclusively in writing on paper. In the event of a contradiction with these general conditions, the will of the parties will be deemed to appear in the specific agreements.

  1. DISPUTES

13.1 Prevention of disputes

In the event of difficulty or difference between the parties on the occasion of the interpretation, execution or termination of this agreement, the parties agree to seek an amicable solution in the spirit of this agreement.

13.2 Cancellation of one or more provisions of the contract

If one or more stipulations of this contract are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full validity except if they are inseparable from the invalid provision.

If one of the clauses of these general conditions should be ineffective, the effectiveness of the other clauses is not affected. Clauses without effect are to be replaced by effective clauses which come as close as possible to the desired goal.

13.3 Applicable law and jurisdiction of the Courts

This agreement is subject to Luxembourg law and any dispute or difference that may arise between the parties on the occasion of the interpretation or execution of this contract will fall under the jurisdiction of the Luxembourg courts.