Legal notices


Preamble

Our general conditions shall apply to all sales between our website www.lacabanedecalys.com and our clients who consult or buy to deliver in Europ without island.
This website is operated by the corporation per share A.MO.D with capital of 11 000 euros, registered in the trade and companies register of Draguignan and under the SIRET number 49981871400010.
Intracommunity Vat number : FR 84 499 818 714
Headquarters : Quartier Lauvière 83340 Flassans sur Issole
Phone : 04 42 48 43 44
E-mail : amobilya@orange.fr
Website hosted by the company OVH : SAS with capital of 10 000 000 €.
Headquarters : 2 rue Kellermann 59100 Roubaix – France
E-shop created by VCOMK

The act of placing an order on this website is worth acceptance neither reserve nor restriction of the conditions laid down therein including the ones which are valid for other distribution and commercialization channels, as well as previous versions or specifications coming from the buyer.
lacabanedecalys.com reserves the right to modify its conditions at any time. In that case, the conditions applicable to the buyer are the ones in effect on the client’s order date.




Presentation of products


Every product is set, alone or with other decoration accessories. Only the description can specify which elements make part of the product.
However slight differences between the online product and the delivered product may be noticed (joints, signs of ageing, cracks) as our products lacabanedecalys.com are homemade and made with different types of woods.
Likewise, given the photographic conditions of the pictures and the different internet browsers and/or the display monitors used by the customer, the colours of the delivered articles may differ from the online products.
If these small differences don’t change the caracteristics of the products and don’t affect their quality, they could not be considered as a cause of order cancellation or a delivery refusal.
All these texts and descriptions have been carefully written. However, if errors are found, these elements could not become contractual data and only have an indicative value.

unavailability of the product
The products presented on the website are valid while stocks last.
The availability period of the products are given for information purposes and only affects the orders placed on the same day and paid by Credit Card.
Exceptionnally, if the good is unavailable after a placed order, the customer will be notified as soon as possible and his order will be cancelled.
It will receive a refund not later than 14 days after the order’s cancellation. The customer could order another product if it wishes so.
The company shall not be liable in case of stock outage or unavailability of products and it will also not entitle the purchaser to claim compensation or interest.

Purchase orders

The customers must follow the differents steps specified on the website.
The client should create an account by clicking on the icon « My Account » on the home page of the website, then it should choose a user name and confirm a password.
These parts have to remain confidential and the client will be responsible for the consequences in case of disclosure to third parties.
Possible errors of data entry could not blame lacabanedecalys.com and the customer can’t be held liable for shipping delays, shipping errors resulting from incorrect information or additional transport costs.
The order is automatically recorded once the customer entered his credit card number and once it validated it. This recording proves the content and the date of the order.
The customer must honour the order price after the validation of the order’s process recording …..
La validation du processus d'enregistrement de sa commande par le client engage formellement ce dernier à honorer le prix de sa commande en vertu des dispositions de la loi du 13 mars 2000 concernant la validation des commandes par signature électronique.
Once the Customer has submitted his order, it receives an "Order receipt confirmation"
email which shows the order summary, the delivery address, the estimated delivery date and the payment method.
These informations are also available on the website in the section « My Account ». In the event that the confirmation email is not received, the client must check his unwanted e-mails or any other anti-spam software.
Any order validated by the client is considered as accepted by Lacabanedecalys.com after the confirmation of payment.
Lacabanedecalys.com reserves the right to cancel any order placed by a customer with whom a dispute exists in relation to the payment of a prior order.

1. Cookie

Cookies are files stored on your computer when you connect to a website. They are used to improve your experience while using our website.
These files saves the client from having to sign into their account every time they visit the site and they also back up the products added to their shopping basket. If the client deletes the cookies when it signs in for the first time, the automatic identification and the content of the shopping basket won’t be available.

Price and Payment

2. Price

All prices are expressed in Euro € and includes all taxes.
Lacabanedecalys.com reserves the right to change prices at any time before the final confirmation of the order, including an increase of the charges or of the VAT or including an obvious error.
The products are billed at the going rate when an order is definitively validated by a client.
The Client cannot take advantage of prices on the Site to ask for an alignment of the prices in the store and vice versa.
Prices do not include preparation and delivery costs of the order. These costs are calculated and added to the total amount of the order after the validation of the shopping basket.
The client is informed of the fee amount before the final validation of the order.
3. Payment
The products presented of the site are payable to the order, in one go. Therefore no discount or delay penalties shall be granted.
Credit Card

Lacabanedecalys.com offers its customers a secure online payment secured by the SSL encryption (Secure Socket Layer) by credit card.

The payments cards accepted for the online payments are CB, Visa and Mastercard.
Lacabanedecalys.com uses the payment provider Paypal (www.paypal.fr).
Some payment methods use the additional security layer 3D Secure. This protocol increases security by asking for an additional code sent by SMS on the client’s mobile phone or by voice message on the client’s landline phone.
The customer shall enter his bank details. Once the client entered his credit card number and its cryptogram is worth authorization of flow of his account to the amount of the order.
In order to limid frauds, Lacabanedecalys.com reserves the right to ask the client to prove his identity, home address and payment method to accept the sale.
In that case, the order processing will be made from the day on which the documents are received.
lacabanedecalys.com reserves the right to cancel the order if these documents are not received or considered as non-compliant.
Bank Cheque

For a minimum amount of 500 euros (delivery charges excluded), Lacabanedecalys.com offers a bank cheque payment, only in French, denominated in the order of SARL AMOD and sent to following address :

SARL AMOD
QUARTIER LAUVIERE
83340 FLASSANS SUR ISSOLE
France
At the back of your cheque, give the reference of your order.
The order will be booked for three working days from the date of validation of the order ; hence it will be confirmed and shipped once the cheque is cashed in.
Failing receipt of the cheque within the time allowed or in the event of non-payment, the order will be cancelled.
Please note : paying by cheque means that the delivery dates given when the order is made can be extented as the cheque reception and collection is long (around 2 weeks).
When the payment will be cashed in, Lacabanedecalys.com will inform the client by email of the order’s shipping dates.


Delivery

The delivery with our carrier Kuehne-Nagel offers you an appointment and drop off your parcels on a filmed pallet for the bulky parcels at your door or down your building.

Deliveries are made from Monday to Friday between 9 am and 6 am except between 12 am and 2 am.

(NO DELIVERY ON SATURDAYS)

The delivery charges are shown in your shopping basket.
These delivery fees are for metropolitan France.
If the customer experiences problems accessing the site, it will have to get in contact with the customer service lacabanedecalys.com (amobylia@orange.fr) before ordering in order to set the delivery terms and the additional fees estimate incurred which will be the customer’s responsibility.
If the client or a third party is absent at the time of delivery, if an address error has been made by the client or if the products can’t be delivered because of an unexpected difficult access to the place, the client shall pay a new delivery.
We can deliver any other place on estimate.
Any parcel lighter than 10 kg can be delivered by Colissimo to the address given by the customer.
The shipping will be made according to the dates given at the time of order. The delivery time of the parcel depends on La Poste services, the client can track his parcel thanks to the Colissimo number on La Post website. lacabanedecalys.com shall not be liable for any deficiencies (loss, delay, damage) of la Poste.
If the client fails to take delivery of the goods, the parcel will be dropped off in the client’s letterbox if it is small enough.
Otherwise, a delivery notification will inform the client. The client will have to collect his parcel at the post office within 10 days. If it fails to collect the goods within that timeframe, the parcel will be sent back to lacabanedecalys.com. In that case, the order will be automatically cancelled and the client will be refunded within a maximum of 30 days, after deduction of the delivery charges which will remain the client’s responsibility. If the delivery fees have been offered, they are deducted from the refund as well.

Instructions to follow at the reception of your order

 
Lors de la livraison, le client doit s'assurer :
During the delivery, the client must ensure that :
1. The goods correspond to the order.
2. The goods haven’t been damaged in transit.
3. The conditions of the goods have been checked by the client if the outer packaging has been damaged.
4. The deliverer asks him to sign a delivery note for acceptance of the goods.

If the client notices any defect on the packaging, it must report it and includes a specific description of the nature of the defects on the delivery note (damaged box, missing parcel, parcel already open, broken products/and or missing, damaged products...).
Do not hesitate to make reservations in case of any doubt. You must take pictures of the packaging and of the product but writing « subject to unpacking» on the delivery note won’t be accepted in the case of any complaint.
Then you must notify us within 3 days following the delivery and included 2 pictures, otherwise we could not take into account your complaint.
If the client fails to respect instructions, lacabanedecalys.com won’t be held responsible for it and the client will be liable for the defects and/or damages duly noted on the delivery and it could not call into question lacabanedecalys.com and/or his insurer, the sale or the payment.

lacabanedecalys.com asks the client to unpack the product carefully so the product and the packaging remain in good condition.
According to the legal guarantee of conformity, if the complaints are accepted, the client could exchange its product or get a repair of the defective product. If the product is not in stock anymore or if it’s not repairable, the client will get a refund. If the client doesn’t advise bebe.calys.com of a return, it couldn’t be accepted.
The products must be return in perfect condition with all its original accessories. Products that have been damaged by the client will not be refunded.
If the client sends back the goods through the carrier, it will have to carefully complete and sign the carrier’s form. No claim will be accepted by lacabanedecalys.com if the norm is not completed and signed.

In a proven case of non-compliant product, the return fees are the responsibility of lacabanedecalys.com

If the client doesn’t respect the procedure discussed above and the deadlines, it could not complain for non-compliance or apparent defects on the delivered products.

Delays :
In accordance with the provisions of the articles L.138-1 and beyond of the Consumer Code, consumers can cancel orders if the delivery deadline (specified on order) is exceeded, except in cases of force majeure.
If it is the carrier who delivers the goods, the delivery date will be the one where he met the client.
Only cancellations sent by registered letter with acknowledgment of receipt (sarl AMOD Quartier Lauvière 83340 Flassans sur Issole) or in another medium writing, after having ordered lacabanedecalys.com, under the same conditions, to fulfill its obligation within an aditional reasonable time, and received before the delivery of the products will be taken into account by lacabanedecalys.com.
The sale is considered as cancelled if there is no provision of the package before the receipt of the letter by lacabanedecalys.com.
The refund of the goods is made as soon as possible and no later than 14 days after the receipt of the client’s cancellation request. The client may claim neither a penalty nor interest for delay.
Non-attendance : if the client is absent at the date of the delivery planned by the carrier, another appointment will be set up.
If the client is unable to set up a second appointment with the carrier (client’s fault) : 15 days after a fruitless demand letter, the sale will be considered as done. lacabanedecalys.com will keep any amount paid.

Return a defective product or a product delivered by mistake

Any defective item or delivered by mistake will be fully reimbursed provided that you respected the instructions above. This is important as we could not take back the goods if the product or its packaging has been damaged.

After-sales service
Withdrawal period and return policy

In accordance with the provisions of the articles L121-21 and beyond of the Consumer Code, the client has a period of 14 days from the day the product is received to retract.
This option to withdraw does not apply to the goods made according to the specifications of the client.
The customer must then return the new item, unassembled, with its possible accessories and with the instruction and installation manuals. This return must be made with a maximum of 15 days after the delivery of the order.

We recommend you to send the item back in its original package.
Our packages are designed to travel in good conditions. Returned products must meet these conditions and must arrive new, clean and ready for the next customer.
Any damaged item, showing signs of installation or use and which has been in contact with dangerous chemical products, incomplete, will not be taken, refunded or exchanged (tariff table and return address below).

Return shipping fees are the customer’s responsibility (tariff table below) and it will not pay any other penalty if the 14 days timeline is respected.
The client will be then refunded in full within 15 days. The payment will be deffered until the goods are received or until the client has provided a proof of shipping.
Goods sent postage due or cash on delivery will not be accepted.
Withdrawal form below to send by registered letter with acknowledgment of receipt within the time reffered above :

To the attention of SARL AMOD
Quartier Lauvière
83340 Flassans sur Issole
amobilya@orange.fr

I/we (*) hereby give notice (*) that I/we (*) withdraw my/our (*) contract of the following good (*)/provision of services (*) below :
Ordered on (*)/ received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) :
Date :
(*) Delete as appropriate.
Send this letter by registered mail with acknowledgment of receipt.

Upon reception of the form, the Customer Service will get in contact with the client in order to determine the return procedures of the product(s).
If the client doesn’t advise lacabancedecalys.com of a return, it couldn’t be accepted.

If you order a new product more expensive than the returned product, the new order will be taken into account once lacabanedecalys.com would have cashed the difference between these two amounts.
Conversely, if the amount of the new order is lower than the amount of the returned product, we will refund you the difference by cheque and sent with the new product.
The delivery fees remain the customer’s responsibility if they deal with a product exchange.
Once you contacted the customer service, you will be able to return the products to the following address :

Lacabanedecalys.com – Return Service
1470 Allée de Szentendre – 13300 Salon de Provence

TARIF Transport for individuals :
From 0 to 10 Kg - 48€ VAT
From 11 to 30 Kg - 60€ VAT
From 31 to 60 Kg - 91€ VAT
From 61 to 100Kg - 132€ VAT
Au-delà de 100 Kg 1,32€ VAT per extra kilo + collection tax 15 euros per shipping.
For any parcel.

Legal Notices

1. Usage of the website www.lacabanedecalys.com

Navigation on the website http://www.lacabanedecalys.com/ is the sole responsibility of the users.
lacabanedecalys.com accepts no responsibility in the event of a disruption of services available on the website www.lacabanedecalys.com, all incidence of bugs, all inexactitude or omission concerning the information presented on the website. Lacabanedecalys.com will not be held liable either for any dommage resulting from the fraudulent intrusion by a third party leading to changes in information made available on the website, and more generally any damages, direct or indirect and of any nature, caused by or originating from use of the website.

The responsibility of lacabanedecalys.com in respect of the delivered products, notably within the framework of the contractual or guarantees, is limited to the amount of the defective or non-compliant products. Lacabanedecalys.com will not be liable for compensation of the indirect damages or any other financial prejudices suffered by the customer or a third party.



2. Protection of of personal data- Law on information technology, data and freedoms

The Client has a right of access to and rectification of the information concerning him or her collected by www.lacabanedecalys.com
These informations shall be stored in order to process orders and to communicate with the user.
If you wish to receive information about you, please send a mail to Société A.M.O.D Quartier Lauvière 83340 Flassans sur Issole.

3. Intellectual property

All elements (source code, templates, images, videos, texts) on the website www.lacabanedecalys.com are protected by the right of the author, the right of trademarks. It is forbidden to use one of these elements without the authorization of lacabanedecalys. If the client wants to use one of them, he can send a request to the following address: Société A.M.O.D Quartier Lauvière 83340 Flassans sur Issole.
All reproduction, modification, denaturation, transmission or commercialization is forbidden and is regarded as counterfeited, which could involve civil and penal liability of the author.

4. Retention of title

In any case, the goods, concerning the present sale, shall remain the property of lacabanedecalys.com. Until their complete payment, the client has to ensure the correct custody of the not fully paid delivered goods.
In case of payment default, Lacabanedecalys.com reserves the right to require the payment in full or to take back the not fully paid sold goods.
5. Warranty
The products from lacabanedecalys.com benefit from a supplier warranty specific to each product (art. 4 from the decree of the 24th of March 1978).
If any valid claim of faulty merchandise is made, lacabanedecalys.com is obliged to must repair all the consequences (articles 1641 and beyond of the Civil Code.

5. Liability Clause

The warranty does not cover damages that were caused by normal wear or by the goods’s intrisic qualities.
The warranty does not cover either damages to the goods that were caused by improper or non-compliant handling to the seller’s instructions.
Damages caused by the client or by a third party (ie : transport, handling, assembly etc….) are excluded from warranty.

The client is required to check the completeness, the correctness of the information that he provided to Lacabanedecalys.com during his order and in particular the delivery address.
Lacabanedecalys.com can not be held responsible for damages caused by the improper handling of the goods by the client or in case of fortuitous event or force majeure.

Disputes, litigations and legal competence
Any order placed on the website is subject to the French law. These general terms and conditions of sale on lacabanedecalys.com are governed exclusively by the French law.
Any dispute that may arise concerning their validity, interpretation or sales made via this website will be exclusively submitted to the French Courts.
We invite you to contact lacabanedecalys.com before taking any legal action in order to find an amicable settlement. All complaint mail must be sent to the following address : Société A.M.O.D Quartier Lauvière 83340 Flassans sur Issole.
These legal notices are subject to the French law and any dispute which may arise between the parties in connection with the performance or interpretation concerning the present notices shall come under the jurisdiction of the Lower Court of Draguignan (83300) or of the Lower Court of your choice.