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Terms and Conditions of Sales

Terms and Conditions of Sales
ARTICLE 1 - Scope

These Terms of Sale shall apply, without limitation or qualification for all purchases at the company Calunea sarl by non-professional and professional clients who want to acquire or www.calunea.com www.calunea.be or www. Websites products offered by Calunea calunea.fr. The conditions specify the conditions for the order, payment, delivery, and management of potential returns of products ordered by customers. Products that are offered for sale on websites www.calunea.com www.calunea.fr & www.calunea.be are:
- Swimwear, sports accessories, sportswear and sports accessories in general.


The main features of the products, including specifications, illustrations and instructions on the size or capacity of the products are shown on the www.calunea.com, websites www.calunea.fr & www.calunea.be. The customer is obliged to take before ordering knowledge. The selection and purchase of a product is the responsibility of the customer.
Photos and images listed on the www.calunea.com, websites www.calunea.fr & www.calunea.be are not contractual and if a seller can not be held responsibility.
The customer is obliged to refer to the description of each product to know. Properties and essential features
The product range is within the limits of available stocks, as indicated when placing the order.


Seller's contact details are as follows: Company Calunea sarl - Registered office: 10, Chemin de Sainte Anne - 31210 Ponlat Taillebourg / France - RCS Toulouse n ° 803 083 955 - Capital: € 7,500 - VAT FR21 803 083 955


The responsible for the website is Dimitri VERSCHUEREN, manager of the company Calunea sarl. The links www.calunea.com, www.calunea.be & www.calunea.fr are hosted by the company OCCITECH.

These conditions apply to the exclusion of all other conditions, including those for retail sales and through other distribution channels and sales channels.
These Terms and Conditions are available at any time on www.calunea.com, websites www.calunea.fr & www.calunea.be and destroy, if necessary, all other versions or contradictory documents.
The products offered for sale on these websites are for the following areas: European Union, DOM TOM & rest of the world.
The customer acknowledges having read and accepted these Terms and Conditions by the respective air above the checkbox before the procedure for ordering online on the www.calunea websites. com, to complete. www.calunea.fr & www.calunea.be
These conditions of sale may be subject to further changes, the version that applies to the purchase of the customer it is available on the website at the time of placing the order.
Changes in these conditions are binding for users of the www.calunea.com, www.calunea.fr & www.calunea.be and are not applicable to prior sales websites.
The validation of the order by the customer implies acceptance, without limitation or qualification, these Terms and Conditions.
Customer acknowledges its capacity to have to overcome them. Commitment www.calunea.com websites www.calunea.fr & www.calunea.be
Unless the contrary is proven, the data is valid stored in the computer system of the seller as proof of all transactions with the customer.

ARTICLE 2 - Products

The company Calunea sarl sells swimwear, swim accessories and sportswear and sports accessories in general. The photographs and texts illustrating the products are not contractual. In the event of an error, the responsibility of Calunea sarl can not be sued. All products offered are available in a warehouse and usually delivered within 3 to 5 days in France (except weekend and holiday delays, mainly due to the carrier).

ARTICLE 3 - Orders

It is up to the buyer to the www.calunea.com www.calunea.fr & www.calunea.be websites products which he / she wishes to order to select, as follows:
The buyer selects the product (s) (s) and adds it to his cart - he chooses the mode of delivery and payment - It confirms the order with the tab "Submit Order - Order with payment" and pay - After confirming payment, the buyer receives the order confirmation e-mail - Finally, the seller sends a second e-mail to the customer when the package is sent.
The offers are valid until they are visible on the site, within the limits of available stocks.
It is up to the buyer to verify the accuracy of the order and report any errors. Direct
Any order on www.calunea.com, websites www.calunea.fr & www.calunea.be is entering into a distance contract between the customer and the company Calunea sarl.
The sale is considered final after sending an e-mail to the purchaser of a confirmation of the acceptance of the order by the company Calunea sarl, and upon receipt of the full price.
The customer can the progress of his order on www.calunea.com, www.calunea.fr & www.calunea.be. (my account)
In case one or more products are not in stock, the company will communicate this to the customer. If the customer prefers a refund or he must make within 7 working days after the information e-mail it known.
In case of cancellation of the order by the buyer after acceptance by the seller, for any reason whatsoever, except the right of withdrawal or force majeure, no compensation is payable by the customer when the order was not delivered carrier.
Otherwise have to pay the buyer the shipping and return costs are also accounted for.
Unless proven otherwise, all information recorded by Calunea sarl is proof of all transactions. The information provided by the buyer when creating an account or when making an order may, in the event of an error in the address of the recipient is not charged to Calunea sarl. Calunea SARL then not responsible for the difficulty, if not impossibility to supply. The ordered products The customer is also responsible for checking his e-mails sent by the company. Calunea sarl Calunea sarl is not responsible for the validity of the email address of the client or for the arrival of mail as "spam" (spam) e-mail.

ARTICLE 4 - Prices

The products are supplied at the prices available on the www.calunea.com, websites www.calunea.fr & www.calunea.be when the order is placed and are expressed in euro, euros including VAT and Taxes. The rates take into account any discounts given by the seller to the www.calunea.com, websites www.calunea.fr & www.calunea.be granted. The prices stated on the product chips prices exclude shipping.
These prices are fixed and non-revisable during the validity period as indicated on the www.calunea.com, websites www.calunea.fr & www.calunea.be. They do not include the cost of processing, shipping, transportation and delivery, which pay extra to be under the conditions specified on the www.calunea.com, www.calunea.fr & www.calunea.be and displayed / calculated websites prior to placing the order.
The amount due to be asked to the customer is the total amount, inlcuding all taxes and charges.
The price indicated in the order confirmation is the final price, expressed inclusive of tax and VAT for France and the countries of the European Union. This price includes the price of the goods, packaging and shipping costs.
For orders outside the EU: the buyer is considered as an importer of the products supplied. The sale price will be invoiced without VAT. The delivery address must, however, outside the European Union. In Horticultural billing address outside the EU with a delivery address within the EU, VAT will be charged. Customs duties and taxes may be added to the selling price of the product. These fees and taxes are the sole responsibility of the buyer, as all reporting requirements in the host country.
An invoice is issued by the seller and sent to the customer upon delivery of the products

ARTICLE 5 - Terms of Payment

The price shall be fully and promptly paid when the order is placed by the buyer via:
- By credit card: Visa, MasterCard, Carte Bleue (including Blue E-Card)
- By paypal
- (Accepted only Cheques issued by a French bank) By check
- By bank transfer
Online payments are processed through the control server of the bank "Banque Courtois' (Webaffaires) in a completely secure environment.
Payment is made directly via PAYZEN in a secure environment, without any contact with the server Calunea sarl. Calunea sarl has no understanding of these data. The order validated by the customer will be effective when the bank has given its approval. In case of refusal of the payment, the order will be automatically canceled and this will be communicated to the customer. Email
If paying by check, the check must be issued by a bank domiciled in France or Monaco. The check is performed upon receipt.
The seller is not obliged to deliver to the customer if they were not paid the full the products ordered and under the conditions listed above.
Payments are considered final when daadwerkelijkde amounts due were received by the seller.
The company Calunea sarl reserves the right, in case of non-compliance with payment mentioned above, suspend or cancel delivery of pending orders placed by the buyer to refuse a customer who orders a dispute.
No additional costs are higher than the costs the seller for using a means of payment can not be charged to the customer.

Article 6 - Calunea Loyalty Program

- Customer loyalty points (excluding club contracts)

The Calunea Loyalty Program allows the connected customer with their personal account to earn loyalty pointd when shoping at Calunea. The loyaltypoints are available at any time in the section My Account : https://www.calunea.com/rewards/account/

Earn loyalty points:

The authenticated client on the website (who has therefore created an account), automatically benefits on certain items the acquisition of loyalty points.

The points earned are valid 6 months, from the orderdate.

The number of points earned during the purchase of a product is mentioned on the product sheet and also appears in the basket.

Some items do not allow the acquisition of points, for example already discounted articles. In this case no loyalty points are mentioned on the product sheet.

Our club customers benefits from a different loyalty program and are not affected by this system.

Conversion and expense of acquired points:

During the check out process the customer can decide to use all or part of the available points.

The points are usable for order as from 20 €.

The points are not usable on transport costs.

The offer of transport costs is linked to the actual expense of the customer, if the use of the points lowers the amount to be paid under the "free transport" amount, shipping charges will be due. Calunea reserves the right to discontinue the loyalty points system at any time and in this case informs the customers.In all cases, the points already earned and associated with the account remain usable until their validity date.In no case, earned points will be refunded as money. Loyalty points are only to be used when ordering on our websites.

ARTICLE 7 - Deliveries

Calunea sarl will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made to the company. Known
Calunea sarl will be accepted orders expeditiously but not later than within 30 days, unless the consumer has agreed to a longer delivery time. Agreement If delivery is delayed, or if an order is not or only partially implemented, the consumer receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the contract without cost.
In case of dissolution in accordance with the previous paragraph, the trader will refund the consumer as soon as possible, payable within 14 days after the dissolution.
If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement item available. Before the delivery will be that a replacement item is delivered. Clear and understandable manner For replacement items right of withdrawal can not be excluded. The cost of return shipment are borne by the entrepreneur.
The risk of damage and / or oversight of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.

ARTICLE 8 - Right of withdrawal

When purchasing products, the consumer can cancel the contract without giving any reason within 14 days. This period starts on the day following receipt of the product by the consumer or designated in advance by the consumer and the entrepreneur announced representative.
During the period the consumer will treat the product and packaging. He will only unpack the product to the extent of use to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will be the product with all accessories and - returned in the original condition and packaging to the Entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur - if reasonably possible.
If the consumer wishes to exercise his right of withdrawal, he is required to make it clear to the entrepreneur, within 14 days after receiving the product. The customer bears the direct costs of returning the goods. Consumers After the consumer has expressed a wish to exercise his right of withdrawal used, the customer must send the product. Within 14 days return The consumer must prove that the goods have been returned, for example by means of a proof of posting time.
If the customer after the expiry of the periods referred to in paragraphs 2 and 3 did not wish to exercise his right resp. Used known the product has not returned to the operator, the purchase is a fact.
If the consumer exercises his right of withdrawal, will not exceed the cost of returning the goods.
If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 14 days after cancellation, refund. This is the condition that the product has been received back by Calunea sarl or conclusive evidence of complete return may be submitted.

Exception for the 14-day right of withdrawal:
 

Personalized products, from a legal point of view, do not benefit from the right of withdrawal.

For this reason, our customers cannot benefit from the right of withdrawal on the range of Leaderfins fins that are made to order.

However, on an exceptional basis, we accept returns for an exchange for a different footsize.

Before your order we remain at your disposal for any purchasing advice.

 

ARTICLE 9 - Liability of the seller - Warranty

The products sold on www.calunea.com, websites www.calunea.fr & www.calunea.be comply with the requirements in force in France.
The products are fully authorized by the company Calunea sarl and without additional payment, regardless of the right of withdrawal in accordance with the legal provisions provided:
- The legal guarantee of conformity within two years after delivery of the goods, for the repair or replacement of the product (except textile) apparently defective, damaged or does not correspond with the order,
- Damage to the legal warranty against hidden defects, within two years after delivery of the goods, for the repair or replacement of the product (except textile) apparently defective, or does not match the order,
To lose its rights to enforce the customer should the Seller in writing of the non-conformity of the goods shall, within a period of two years from the delivery of products or of the existence of the hidden defects within two years of their notification discovery.
The buyer is responsible for the choice of products, their storage and use
The customer should be sent to you after mail contact the product along with the return form: contact@calunea.com or after telephone +33 (0) 5 61 79 75 80 with the company Calunea sarl
The shipping costs will be reimbursed on the basis of price. Expenses are reimbursed within the limits of the amount corresponding to the standard way of the cheapest shipping option.
The company Calunea sarl reserves the right to inspect and evaluate. The returned product
The repayment of products that are non-conforming or defective will be as soon as possible and no later than 30 days after the adoption by the seller of the defect.
Reimbursements made by bank transfer or check (France only) to the customer.
Calunea can not be held liable in the following cases:
- Non-compliance with the legislation of the country where the goods are delivered. This should be verified by the customer.
- In case of abuse, use for business purposes, neglect, improper storage, inadequate maintenance by the customer, normal wear, accident or force majeure.
The company Calunea sarl is not liable for damages of any nature whatsoever, tangible, intangible or personal injury caused by improper use of the products sold. It is the same for each product change made by manufacturers.
Guarantee from the seller is in any case limited to the replacement or refund of nonconforming or defective products.

ARTICLE 10 - IT and Freedoms

Under the law 78-17 of January 6, 1978, it is noted that the requested personal data of the customer are required when ordering process are necessary for the processing of the order, the preparation of the invoice, etc.
This information may be provided to all partners of the seller, responsible for the implementation, processing, management and payment of orders.
The processing of the information obtained from the Internet (www.calunea.com, www.calunea.fr & www.calunea.be) are onderwopen to the requirements of the CNIL. Declaration number: 1786272V0
The client always has the right of access, rectification and opposition to all his personal data by writing a letter and proof of identity, to Calunea sarl.

ARTICLE 11 - Intellectual property

The content of www.calunea.com w ww.calunea.fr & www.calunea.be is owned Calunea sarl and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.

ARTICLE 12- Applicable law - Language

These Terms and the activities arising shall be governed by and subject to French law.
The initial General Terms and Conditions are written in French. In the event that is converted into one or several languages, the French version shall have priority in case of dispute.

ARTICLE 13 - Disputes

All disputes arising from the purchase and sale transactions in connection with these terms and conditions may result, for both their validity, interpretation, implementation, termination, its effects and the consequences and which could not be resolved between the seller and the customer will be filed to the competent courts situated at 31800 Saint-Gaudens (France).
The customer is informed that he can use a conventional mediation, in particular by the Commission de la médiation (C. Consumers. Art. 534-7 L) or existing mediation services in the industry in any case.

 

ARTICLE 14- Pre-contractual information - Client Acceptance

Customer acknowledges prior to his order to be informed of the general conditions in readable and understandable language. Inform L111-1 L111-7 mentioned information and information, and in particular:
- The essential characteristics of the product
- The price of the products and associated costs (delivery, for example);
- In the absence of immediate execution of the contract, the date or period in which the seller agrees to deliver the product;
- Information on the identity of the seller, postal, telephone and email contact
- Information regarding the legal and contractual guarantees and arrangements for their implementation;
- The characteristics of the digital content
- The possibility of using a conventional mediation in the event of a dispute;
- Information on the right of withdrawal, the costs of returning the products, termination provisions and other key terms.


The fact that a physical (or legal) person on www.calunea.com, websites www.calunea.fr & www.calunea.be order implies the acceptance and full acceptance of these Terms and Conditions, these are explicitly recognized by the client , which gives, in particular, relying on a contradictory document, which is unenforceable.