Terms of Service

Terms of Service

Article 1 – Definitions

These Terms of Service (hereinafter the "Terms") are offered by the company Kamteo.

The following terms are used throughout:

"Site": the website "https://calveya.com" and all of its pages, the exclusive property of the Company.

"Products" or "Services": all products (physical goods) and services (offerings) that can be purchased or subscribed to on the Site.

"Seller": Calveya, a legal entity or individual offering its Products or Services on the Site.

"Customer": the internet user, whether an individual or a professional, making a purchase of Product(s) or Service(s) on the Site.

"Consumer", in accordance with the definition in the preliminary article of the French Consumer Code: "any natural person acting for purposes which are outside their trade, business, craft or profession."

Any internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to carefully read these Terms, print them and/or save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the Terms and accepts them in their entirety.

Article 2 – Application of the Terms and Purpose of the Site

The Seller reserves the right to modify the Terms at any time by publishing a new version on the Site.

The Terms applicable to the Customer are those in effect on the day of their order on the Site.

Legal information regarding the Site's host and publisher, the collection and processing of personal data, and the Site's terms of use are provided in the general terms of use, legal notice, and data policy of this Site.

This Site offers the online sale of home, health, and fashion products.

Access to the Site is free and open to all Customers. The purchase of a Product or Service implies the Customer's acceptance of these Terms in their entirety, and the Customer thereby acknowledges having fully read them. This acceptance may, for example, consist of the Customer checking the box corresponding to the statement of acceptance of these Terms, such as "I acknowledge that I have read and accepted all of the Site's general terms." Checking this box will be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these Terms requires that Customers have the legal capacity necessary to do so. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, custodian, or legal representative.

The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless proven otherwise, waives the right to contest them in the event of a dispute.

Any order for Products implies unreserved acceptance by the Customer and full adherence to these Terms of Service, which take precedence over any other document: catalogs, advertisements, brochures, unless expressly and previously agreed otherwise by the Company.

Article 3 – Customer Service

This Site's customer service can be reached by email at: "contact@calveya.com", by form, or by mail at the address indicated in the legal notice. The Customer must include their first name, last name, the subject of their request, and their order number in the email.

For any business inquiries (partnership, media, contract proposal), the Company can only be reached by email at contact@calveya.com.

Article 4 – Order Procedure and Description of the Purchase Process

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on the information provided by the supplier.

Photos on the Site are not contractually binding and may vary noticeably from the products photographed. These variations are due to screen and camera settings, product lighting, camera angle, etc.

Below, "Cart" is defined as the intangible collection of Products or Services selected by the Site's Customer for purchase by clicking on those items. To place an order, the Customer selects the Product(s) they wish to order by adding them to their "Cart," the contents of which may be modified at any time.

The Customer places the Order via the Site: the Customer records and confirms the Order on the Site.

To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalog by clicking the "Add to Cart" button. On the "Cart" page, the Customer may review the details of their Order and correct any errors before confirming it.

On the "Information" page, the Customer must enter their contact information. They may opt to track their Order by email by checking the required box.

On the "Shipping" page, the Customer must choose their preferred shipping method.

On the "Confirmation" page, the Customer must enter their banking details as well as the billing address. The Customer may also enter a promotional code if they have one.

A complete summary of the Order will then appear. The Customer may modify any part of the Order before finalizing it. The Customer is responsible for any errors relating to the Order, the Products, or their contact information.

The sale is validly formed once the Customer has confirmed the Order by clicking the "Complete My Order" button, has accepted the Terms of Service, and has made payment according to the method chosen, subject to the right of withdrawal.

The Order confirmation date corresponds to the date on which full payment of the total price including tax is duly received.

Article 5 – Price and Payment Terms

Unless otherwise stated, prices shown in the catalog are in Euros, all taxes included, reflecting the VAT applicable on the day of the order, and excluding any applicable handling and shipping fees.

Calveya reserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price shown in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer may place an order on this Site and may pay by Credit Card, Bancontact, Apple Pay, or PayPal. Credit card payments are processed through secure transactions provided by an online payment platform provider.

This Site has no access to any data relating to the Customer's payment methods. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the case of payment by bank transfer, the delivery times defined in the "Delivery" article of these Terms do not begin until the date the payment is actually received by the Seller, which the Seller may prove by any means. Product availability is indicated on the Site, on each Product's description page.

Calveya will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by both parties as proof of communications, orders, payments, and transactions between the parties.

Article 6 – Delivery

Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery restrictions; orders can be shipped anywhere in the world. Delivery times indicated at the time of order are for information purposes only and remain subject to possible delays from postal services or other special circumstances preventing delivery (events, weather conditions, etc.).

In the case of delivery of a Product outside the territory of the European Union and to French overseas territories, the Customer declares themselves the importer of the Product and accepts that, in such cases, the Seller may be materially unable to provide accurate information regarding the total amount of customs duties, formalities, or import taxes applicable in the country where delivery is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller commits in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.

For in-person delivery, the customer may refuse a package upon delivery if they notice an anomaly regarding the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten notes, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the carrier take back the damaged goods. For mailbox delivery, the customer agrees to check the package immediately and to contact Calveya support if they notice any anomaly. Failure to comply with these requirements will prevent the Customer from exercising their right of refusal, and the Seller will not be obligated to accommodate the Customer's request to exercise this right.

If the Customer's package is returned to the Seller by the Post Office or other postal providers, the Seller will contact the Customer upon receipt of the returned package to ask how they would like to proceed with their order. If the Customer refused the package by mistake, they may request that it be resent, after first paying the postage costs for the new shipment. Postage costs must be paid even for orders where shipping was free at the time of order.

In the case of a delivery error or exchange (if the right of withdrawal applies, meaning if the Customer is a Consumer and the contract for the purchase of the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from mishandling or improper use by the Customer cannot be attributed to the Seller.

Any delivery delay beyond the date or timeframe indicated to the Consumer Customer at the time of order or, in the absence of such indication, exceeding thirty (30) days from the conclusion of the contract, may result in the cancellation of the sale at the initiative of the Consumer Customer, upon written request by registered letter with acknowledgment of receipt, if after having formally requested delivery from the Seller, the Seller has failed to comply. The Consumer Customer will then be refunded, no later than fourteen (14) days following the date on which the contract was terminated, for the full amount paid. This clause does not apply if the delivery delay is due to a case of force majeure.

Special case of a package whose tracking number indicates "delivered" but which was not received in the mailbox: if the Customer notices and informs the Seller that the package is not in their mailbox despite the tracking number indicating it has been "delivered," customer service may request additional information as well as an official document from the postal carrier addressing the claim regarding the corresponding tracking number. The Seller will then do everything possible to ensure Customer satisfaction, including, in particular, immediately resending the products at its own expense.

Article 7 – Right of Withdrawal and Withdrawal Form

The Consumer Customer has fourteen (14) business days from the date of receipt of their ordered product to withdraw from the purchase. They must return any product that does not suit them and request an exchange or refund without penalty, except for return shipping costs, within fourteen days of Calveya's receipt of the refund request.

The Product must be returned in perfect condition, sealed in its original packaging, and unused. The Consumer Customer can find a standard withdrawal form below for an order placed on the Site, to be sent to Calveya. It is understood that the Customer will bear the cost of returning the Product in the event of withdrawal.

The Customer is advised to make the return using a trackable shipping method. Otherwise, if the returned package does not reach the Seller, it will not be possible to open an investigation with postal services to request that they locate it.

The refund will be made using the same payment method chosen by the Customer for the original transaction, unless the Customer expressly agrees to allow the Seller to use another payment method, and provided the refund does not incur any cost to the Customer.

The Seller also reserves the right to delay the refund until the Product has been received, or until the Customer has demonstrated that they have shipped the Product, if no such proof has previously been provided.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Customer's liability may be engaged.

In accordance with Article L121-17 of the French Consumer Code (the "Hamon Law") of June 2014, the Consumer Customer can find a standard withdrawal form below for an order placed on the site:

Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of:

Calveya

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the item below:

Order number:

Last name / First name:

Phone number:

Email address:

Postal address:

Reason for the claim:

Exchange* (please specify the desired product)

Refund* (please attach full bank details including IBAN and BIC)

Signature of Customer(s) (only required if this form is submitted on paper):

Date:

(*) Delete as applicable.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies independently of any commercial warranty that may be granted.

The consumer may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code, unless the seller has stipulated that they will not be bound by any warranty; in the event this warranty is invoked, the buyer may choose between rescission of the sale or a reduction of the sale price, in accordance with Article 1644 of the Civil Code. The buyer has a period of two years from the discovery of the defect to do so.

The postponement, suspension, or interruption of the limitation period may not have the effect of extending the extinctive prescription period beyond twenty years from the date the right arose, in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal warranties, provided for by the Civil Code:

Legal Guarantee of Conformity

The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and to be liable for any defects of conformity existing at the time the Product is delivered. The guarantee of conformity may be invoked if a defect existed on the day the Product was taken into possession.

However, it will be up to the Customer to prove that the defect existed at the time the Product was taken into possession.

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the item. However, the seller may not proceed according to the buyer's choice if that choice would result in a cost that is manifestly disproportionate compared to the other option, taking into account the value of the item or the significance of the defect. The seller is then required to proceed, except where impossible, according to the option not chosen by the buyer."

Legal Warranty Against Hidden Defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will proceed with an exchange. If an exchange of the Product is not possible (discontinued Product, out of stock, etc.), the Customer will be refunded by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including return shipping costs for the Product) will then be borne by the Seller.

Article 9 – Liability

The Seller, Calveya, cannot be held liable for failure to perform the contract due to the occurrence of a force majeure event. Regarding purchased Products, the Seller shall bear no liability for any indirect damages arising herefrom, loss of business, loss of profit, damages, or costs that may occur.

The choice and purchase of a Product or Service are the Customer's sole responsibility. The total or partial inability to use the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or liability on the part of the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal where applicable, meaning if the Customer is not a Consumer Customer and the contract for the purchase of the Product or Service allows for withdrawal, in accordance with Article L 121-21 of the French Consumer Code.

The Customer expressly acknowledges using the Site at their own risk and under their sole responsibility. In any event, Calveya cannot be held liable for:

any direct or indirect damage, in particular regarding loss of profits, loss of earnings, loss of customers, or loss of data that may result, among other things, from the use of the Site, or conversely, from the inability to use it;

a malfunction, unavailability of access, misuse, poor configuration of the Customer's computer, or the use of a browser that is not widely used by the Customer;

the content of advertisements and other links or external sources accessible to Customers from the Site.

The Seller's liability therefore cannot be engaged if the characteristics of the Products differ from the visuals shown on the Site, or if the latter are incorrect or incomplete.

Article 10 – Force Majeure

In accordance with Article 1218 of the French Civil Code, events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence makes it entirely impossible to fulfill obligations, are considered cases of force majeure or fortuitous events.

The occurrence of a case of force majeure will automatically suspend the performance of the Order.

Beyond a period of ninety (90) calendar days, if the parties find that the case of force majeure persists, the Order may be canceled by either party, and the sales contract terminated. To this end, the more diligent party must send the other a registered letter with acknowledgment of receipt terminating said sales contract.

The effective date of termination will be the date the letter is first presented. In this event, neither party may claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or to a third-party agent, or are used by the Seller with the authorization of their owners.

All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use in any way, even partially, any elements of the Site. Any simple or hypertext link is strictly prohibited without express written consent from the Company. In any case, any link, even one tacitly authorized, must be removed upon simple request from the Company.

Only use of the Site for private purposes, subject to different or more restrictive provisions of the French Intellectual Property Code, is authorized.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes infringement and is subject to sanctions under Intellectual Property law, unless prior authorization is granted.

Any reproduction, representation, or adaptation of logos, textual, pictorial, or video content, this list not being exhaustive, is strictly prohibited and constitutes infringement.

Any Customer found guilty of infringement may have their account deleted without notice or compensation, and without this deletion constituting damages to them, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or its agent.

The trademarks and logos contained on the Site may be registered by Calveya, or possibly by one of its partners. Any person reproducing, representing, combining, distributing, or redistributing them is liable to the penalties provided for in Articles L.713-2 et seq. of the French Intellectual Property Code.

Article 12 – Processing of Personal Data

The Company collects the Customer's data:

a) in order to process and track the Customer's Order on its Site; (and/or)

b) in order to be able to contact you regarding various events related to the Company, including in particular Product updates and customer relationship management; (and/or)

c) in order to gather information allowing us to improve the Site and our Products (notably through cookies).

The data collected is processed by the Site's contracted service providers, who are responsible for packaging and distributing ordered Products, as well as by the hosting provider, Shopify Inc., whose servers are secure and protected by a firewall.

The data collected is retained by the Company only for the period corresponding to the purposes of the collection described above, which shall in any event not exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018 relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Customer has the right to access, modify, rectify, delete, or object for legitimate reasons, regarding their data.

The Customer may exercise their rights by email at contact@calveya.com.

Article 13 – User Comments and Other Submissions

If the Customer sends ideas, suggestions, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), whether requested by the Company or not, the Customer grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comments sent to it by the Customer.

The Company is not and shall not be obligated to (1) maintain the confidentiality of comments; (2) pay compensation to anyone for any comment provided; (3) respond to comments.

The Company may monitor, edit, or delete content that it deems, at its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes on any intellectual property or these Terms of Service.

The Customer agrees to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality rights, or other personal or property rights. The Customer agrees not to include illegal, defamatory, offensive, or obscene content in their comments, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other related websites. The Customer agrees not to use a false email address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.

The Customer is solely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all liability with respect to comments posted by the Customer or a third party.

Article 14 – Severability

If any provision of the Terms is deemed illegal, void, or otherwise unenforceable for any reason, that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions.

These Terms supersede all prior or contemporaneous agreements, whether written or oral. The Terms may not be assigned, transferred, or sublicensed by the Customer.

A printed version of the Terms and of any notices given in electronic form may be requested in judicial or administrative proceedings related to the Terms. The parties agree that all correspondence relating to these Terms shall be drafted in the French language.

Article 15 – Applicable Law and Mediation

These Terms of Service are governed by French law.

The Site reserves the right to pursue criminal proceedings against any attempt at fraudulent purchase or purchase using a prohibited, disputed, stolen, or forged bank card. In this context, no attempt at amicable settlement will be accepted.

The fact that any clause of these Terms of Service becomes void and unenforceable shall not affect the validity of the other provisions and does not release the Customer from performing their contractual obligations.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, subsidiaries, affiliated companies, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the website or our products and services, your breach of these Terms, or your violation of any of your acknowledgments, agreements, representations, warranties, and obligations hereunder.

Domestic or cross-border disputes that may arise regarding the validity, interpretation, performance or non-performance, interruption, or termination of this contract may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage — a mediator approved by the Consumer Mediation Evaluation and Oversight Commission (CECMC) — is appointed as the Consumer Mediator to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].

The European Commission's website describes the mediation process used and allows Customers to file an online mediation request along with supporting documents.

The dispute may not be examined by the Mediator, in particular, if:

- the Customer cannot show that they first attempted to resolve their dispute directly with the Company through a written complaint,

- the request is clearly unfounded or abusive,

- the dispute has previously been examined or is being examined by another mediator or by a court,

- the consumer filed their request with the mediator more than one year after their written complaint to the Company,

- the dispute does not fall within the mediator's scope of competence.

Mediation is free for the Customer. If the Customer uses, at any stage of the mediation, a lawyer, a third party of their choice, or an expert to represent them, they alone will bear the associated costs.

The Mediator may not receive instructions from either party, nor be compensated based on the outcome.

Participation in mediation does not exclude the possibility of legal action. The parties remain free to submit their dispute to a judge under applicable legal provisions. In the event of a dispute before a judge, jurisdiction is granted to the competent Estonian court.

The Site reserves the right to pursue criminal proceedings against any attempt at fraudulent purchase or purchase using a prohibited or disputed bank card, or a stolen or forged check. In this context, no attempt at amicable settlement will be accepted.

The fact that any clause of these Terms of Service becomes void and unenforceable shall not affect the validity of the other provisions and shall not release the Customer from performing their contractual obligations.

Parts Warranty:

The warranty is limited to 30 days from the date of purchase under normal conditions of use, excluding failures caused by external factors. Under these conditions, the seller commits to replacing the defective part.