Terms of Sale
General terms and conditions of sales of the website www.domainedecala.com
applicable from 18 TH of July
ARTICLE 1. PARTIES
These general terms and conditions are applicable between Domaine de Cala SCEA, with a share capital of €1524,49, Trade and companies register of Draguignan : 392186102, registered office: 703 chemin de la Pélegrine, 83170 Brignoles, France, phone : +33 (0)4 94 69 84 93, email: firstname.lastname@example.org, intra-community VAT number: FR19392186102, Licence from Ministry of Social Affairs and Health, hereinafter referred to as "DomainedeCala.com" and ANY PERSON, natural or legal, contracting with DomainedeCala.com for the order of Products, hereinafter referred to as "the Customer".
ARTICLE 2. DEFINITIONS
“Customer”: any person, natural or legal, registered on the Website.
“Website content”: all kinds of element on the website, protected or not by intellectual property, like texts, images, designs, presentations, videos, diagrams, structures, database or software.
“DomainedeCala.com”: Domaine de Cala SCEA as the website editor.
“Internaut”: any person, natural or legal connecting to the Website
“Product”: property marketed by DomainedeCala.com and consisting in Cala’s wine.
“Website”: website accessible at www.domainedecala.com, as well as subtitles, mirroring, portals and variations of URL.
ARTICLE 3. SCOPE
The Website is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. Simply connecting to the Site, by any method whatsoever, in particular by a robot or a browser, shall imply full and complete acceptance of these general conditions. When registering on the Website, this acceptance will be confirmed by ticking the corresponding box.
The Internet user recognizes by the same fact that he/she has taken full knowledge of them and accepts them without restriction.
The fact of ticking the corresponding box shall be considered to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the value of proof of the automatic recording systems of DomainedeCala.com and, unless he/she can prove otherwise, he/she waives the right to contest them in the event of a dispute.
These general conditions are applicable to the relation between the parties except for all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions supposes that Internet users have the necessary legal capacity to do so, or that they have the authorisation of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. OBJECT
The purpose of the Website is to present and sell Products to Customers.
ARTICLE 5. ORDER STEPS
In order to place an order, Internet users may select one or more Products and add them to their shopping cart. The availability of Products is indicated on the Site, in the description of each item. When their order is complete, they can access their shopping cart by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
When consulting their basket, Internet users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will be able to remove one or more Products from their basket.
If they are satisfied with their order, they can validate it. They will then access a form on which they can either enter their connection details if they already have them, or register on the Website by completing the registration form with their personal details.
5.3. Payment by the Customer
Once they have logged in or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, and will then be invited to make their payment by being redirected to the secure payment interface with the words "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by DomainedeCala.com
Once the payment has been received by DomainedeCala.com, it will acknowledge receipt of the order electronically to the Customer within a maximum of 24 hours. Within the same period of time, DomainedeCala.com will send the Customer an email confirming the processing of the order, including all related information.
ARTICLE 6. PRICE - PAYMENT
The applicable prices are those mentioned on the Website at the Current rate. The Current rate in force may be subject to reassessment by DomainedeCala.com for future order. The prices indicated are only valid on the day of the order and are not valid for the future.
The prices indicated on the Website are in euros, including all taxes, excluding delivery costs.
6.2. Payment terms
The Customer can make its payment online by credit card. Payments by credit card are made through secure transactions provided by Crédit Agricole.
If payments are made by credit card, DomainedeCala.com has no access to any data relating to the means of payment of the Customer. The payment is made directly to the bank.
DomainedeCala.com will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Payment default
The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.
Any amount not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the payment of the sums due as principal.
In addition, any delay in payment will result in the invoicing of the defaulting professional Customer of recovery costs in the amount of 40 euros and the immediate payment of all sums remaining due regardless of the agreed deadlines, increased by a compensation of 20% of the amount as a penalty clause.
In any case, any delay in payment will result in the possibility of terminating the contract unilaterally for default of the Customer.
This clause falls within the framework of the provisions of article 1152 of the French Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.
6.5. Retention of ownership
The Products sold remain the property of DomainedeCala.com until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. COMPLAINT - GUARANTEE
7.1. Customer service
The customer service is available Monday to Friday from 9 a.m. to 6 p.m by phone at the following standard rate telephone number: +33 (0)4 94 69 84 93, by e-mail to: email@example.com or by post to the address indicated in article 1 of these general terms and conditions. In these last two cases, DomainedeCala.com undertakes to provide an answer within 2 working days.
7.2. Waiver of approval
Customers expressly renounce to their right so-called "aggregation right" provided for in Article 1587 of the French Civil Code.
7.3. Right of withdrawal - Distance selling
7.3.1. Conditions for exercising the right of withdrawal
In accordance with current legislation on distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of return.
The period referred to in the previous paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not provided on a physical support, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period of time, the time limit shall run from receipt of the last good or batch or the last part. For contracts providing for regular delivery of goods over a defined period of time, the period shall run from the receipt of the first good.
In case the fourteen day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
The decision to withdraw must be notified to DomainedeCala.com at the contact details indicated in Article 1 of these terms and conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these general conditions. In any event, DomainedeCala.com will send the Customer as soon as possible an acknowledgement of receipt of the said withdrawal by e-mail.
7.3.2. Effects of the right of withdrawal
The Customer returns or restitutes the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of its decision to withdraw.
When the right of withdrawal is exercised, the professional shall refund the Customer all sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. Where applicable, the professional may defer the refund until the Products have been recovered or until the Customer has provided proof of shipment of the Products, whichever is the earlier. Beyond that point, the sum due shall automatically carry interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.
If applicable, the professional shall make the refund using the same method of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another method of payment and insofar as the refund does not incur any costs for the Customer. However, the trader is not obliged to refund additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product shall be paid by the Customer. These costs are estimated at a maximum of 500 euros if, due to its nature, the Product cannot normally be returned by post.
The Customer shall only be liable for the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
7.3.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts :
- the supply of goods that are likely to deteriorate or expire rapidly ;
- the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
- the supply of alcoholic beverages, the delivery of which is delayed beyond thirty days and the value of which agreed upon at the conclusion of the contract depends on fluctuations in the market which are beyond the professional's control.
Similarly, the right of withdrawal does not apply to contracts that have been fully executed by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
7.4. Cancellation of the contract on the initiative of the Customer
The consumer Customer may denounce the contract by registered letter with acknowledgement of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be refunded the sums paid by him/her at the time of the order.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against DomainedeCala.com and waives the right to invoke the resolution of the sale provided for in this article.
7.5.1. Guarantee against patent defects
It is the Customer's responsibility to control that the Products are in good condition at the time of delivery. This verification must in particular relate to the quality, quantities and references of the Products as well as their conformity with the order. No complaint will be taken into account after a period of three days from delivery. In any case, any complaint concerning the delivered parcels will only be taken into account if the Customer having the quality of Professional has expressed reservations to the carrier in accordance with articles L. 133-3 et seq. of the French Commercial Code.
7.5.2. Guarantee against latent defects
188.8.131.52. Legal guarantees
Customers have a legal guarantee of compliant delivery (article 1604 of the French Civil Code), a legal guarantee against latent defects (articles 1641 et seq. of the French Civil Code) and a safety guarantee (articles 1245 et seq. of the French Civil Code).
Customers who are consumers also have a legal guarantee of conformity (Articles L. 217-4 et seq. of the Consumer Code).
In order to implement the guarantee, it is the Customer's responsibility to return the product to the address of DomainedeCala.com’s headquarters, together with an explanatory letter requesting either repair, exchange or reimbursement.
The costs of sending and returning the Product remain at the expense of the Customer, except for Customers implementing the legal guarantee of conformity.
The consumer Customer has a period of 2 years from the delivery of the goods to take action against the seller. In this respect, he may choose between repairing or replacing the Product, subject to the cost conditions set out in Article L.217-9 of the Consumer Code. Finally, the Customer is exempted from proving the existence of the Product's lack of conformity during the 24 months following the delivery of the said Product, except for second-hand goods.
If applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the consumer Customer decides to invoke the guarantee for hidden defects, he may choose between the cancellation of the sale or a reduction of the sale price.
ARTICLE 8. PERSONAL SPACE
8.1. Creation of the personal space
The creation of a personal space is an essential prerequisite for any order from an Internet user on the Website. For this purpose, the Internet User will be asked to provide a certain amount of personal information. Some of this information is essential for the creation of the personal space. Any refusal by an Internet user to provide such information shall have the effect of preventing the creation of the personal space and, incidentally, the validation of the order.
When creating the personal space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, DomainedeCala.com can not be held responsible for unauthorized access to the personal space of an Internet user.
The Customer undertakes to regularly check the data concerning him and to proceed online, from his personal space, to the necessary updates and changes.
8.2. Content of the personal space
The personal space allows the Customer to consult and follow all his orders made on the Website.
The pages relating to the personal space are freely printable by the account owner in question, but in no way constitute evidence admissible by a court. They are for information purposes only and are intended to ensure the efficient management of orders by the Customer.
DomainedeCala.com undertakes to keep securely all contractual elements whose retention is required by law or regulation in force.
8.3. Deletion of the personal space
DomainedeCala.com reserves the right to delete the account of any Customer who violates these terms and conditions, including when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Customer will have remained inactive for at least one year. Such deletion shall not constitute a fault of DomainedeCala.com or damage to the excluded Customer, who shall not be entitled to claim any compensation as a result.
This exclusion is without prejudice to the possibility for DomainedeCala.com to undertake legal proceedings against the Customer, when the facts justify it.
ARTICLE 9. DELIVERY
9.1. Delivery cost
The costs of delivery or provision are, in any case, indicated to the Customer before any payment only for delivery in Metropolitan France, Corsica included. For any other destination, the Customer have to contact the customer service.
The delivery costs indicated on the Purchase Order are understood to be in euros, or, where applicable, in the currency of the sale, and all taxes included.
9.2. Delivery time
Orders are delivered by a carrier indicated to the Customer on the Purchase Order and within 30 working days, this period starting from the validation of the Purchase Order by DomainedeCala.com.
Certain products or certain order volumes may nevertheless justify a delivery time that is longer than 30 working days. This will be expressly mentioned to the attention of the Customer during the validation of the order.
9.3. Damaged package
In the event of delivery of a package that is manifestly and visibly damaged, it is up to the Customer to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the seller without delay, so that a new package can be prepared for it, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.
9.4. Degradation of the quality of the Products
Under no circumstances shall DomainedeCala.com be held responsible for any deterioration in the quality of the Products and their packaging caused by transport.
Once the delivery is effective, the Customer is solely responsible for the conservation of the products.
ARTICLE 10. PERSONAL DATA
As part of its service, DomainedeCala.com will be required to process personal data of its Customers.
10.1. Identity of the data controller
The person responsible for collecting and processing data on the Website is DomainedeCala.com.
10.2. Identity of the Data Protection Officer
The Data Protection Officer is: Joachim Splichal, 703 chemin de la Pélegrine, firstname.lastname@example.org, 07.70.26.43.16
10.3. Collected data
10.3.1. Collected data from customers
As part of its contractual relationship, DomainedeCala.com may collect and process information from its Customers, namely: surnames, first names, position, company name, telephone number, postal addresses, email addresses, contract history.
10.3.2. Purposes of the collection of personal data
The data collected during the contractual relationship is subject to automated processing for the purpose of
- executing the contractual commitments;
- contact the Customers;
- avoid any illicit or illegal activity;
- to ensure compliance with the general conditions;
- to initiate legal proceedings;
- verify the identity of Customers;
10.3.3. Legal basis for processing
The legal basis for the data collected is a contractual relationship.
10.3.4. Recipients of the data
The data collected is only available to DomainedeCala.com within the limits strictly necessary for the execution of the contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by any third party.
10.3.5. Duration of storage of personal data
The personal data collected is kept for the duration of the contractual relationship, and for the time during which DomainedeCala.com can be held liable.
After the retention period, DomainedeCala.com undertakes to permanently delete the data of the persons concerned without keeping a copy.
10.3.6. Security and confidentiality of personal data
Personal data is kept in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation applicable.
Access to the DomainedeCala.com premises is also secured.
10.3.7. Data minimization
DomainedeCala.com may also collect and process any data voluntarily submitted by its Customers.
DomainedeCala.com directs its Customers to provide personal data that is strictly necessary for the performance of contractual obligations.
DomainedeCala.com undertakes to keep and process only the data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
10.4. Respect for rights
Customers of DomainedeCala.com have the following rights regarding their personal data, which they can exercise by writing to the postal address of DomainedeCala.com or by filling in the online contact form.
10.4.1. Right to information, access and communication of data
Customers of DomainedeCala.com have the right to access their personal data.
Due to the obligation of security and confidentiality in the processing of personal data that is incumbent on DomainedeCala. com, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request sent in writing), both accompanied by the words "I certify on my honour that the copy of this identity document is in conformity with the original. Done at ... on ...", followed by their signature.
To help them in their approach, Customers will find here a model letter drawn up by the CNIL.
10.4.2. Right to rectify, delete and forget data
Customers of DomainedeCala.com have the opportunity to request the correction, updating, blocking or deletion of their personal data that may be inaccurate, erroneous, incomplete or obsolete.
Customers of DomainedeCala.com may also define general and specific directives concerning the fate of personal data after their death. Where applicable, the heirs of a deceased person may request that the death of their relative be taken into consideration and/or that the necessary updates be made.
To assist them in their request, Customers will find here a model letter drawn up by the CNIL.
10.4.3. Right to oppose
Customers of DomainedeCala.com have the possibility to refuse the processing of their personal data.
To assist them in this process, Customers will find here a model letter prepared by the CNIL.
10.4.4. Right to data portability
Customers of DomainedeCala.com have the right to receive the personal data they have provided to DomainedeCala.com in a transferable, open and readable format.
10.4.5. Right to restrict processing
Customers of DomainedeCala.com have the right to request that the processing of their personal data by DomainedeCala.com be limited. This means that their data will only be retained and not used by DomainedeCala.com.
10.4.6. Response time
DomainedeCala.com undertakes to respond to any request for access, rectification or opposition or any other request for additional information within a reasonable time that can not exceed 1 month from receipt of the request.
10.4.7. Complaint to the competent authority
If Customers of DomainedeCala.com consider that DomainedeCala.com is not complying with its obligations with respect to their personal data, they may submit a complaint or request to the competent authority. In France, the competent authority is the Cnil to which they can address a request here.
10.5. Transfer of collected data
10.5.1. Transfer to partners
DomainedeCala.com uses authorized service providers to facilitate the collection and processing of its Customers' data. These service providers may be located outside the European Union.
DomainedeCala.com has previously ensured that its service providers have implemented adequate safeguards and comply with strict conditions regarding confidentiality, use and protection of data, for example through the US Privacy Shield.
DomainedeCala.com uses the following subcontractors:
Partner Quality Country
Recipient Processing performed Guarantees
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10.5.2. Transfer on request or court order
Customers also agree that DomainedeCala.com may disclose the data collected to any person, upon request of a state authority or court order.
10.5.3. Transfer in connection with a merger or acquisition
If DomainedeCala.com is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to the transfer of the data collected by DomainedeCala.com to that company and to that company carrying out the personal data processing referred to in these Terms of Service in place of DomainedeCala.com
ARTICLE 11. RESPONSIBILITY OF DOMAINEDECALA.COM
11.1. Nature of DomainedeCala's obligations
DomainedeCala.com undertakes to exercise due care and diligence in the provision of quality Products as specified in these Terms and Conditions. DomainedeCala.com is only responsible for the performance of its services.
Although DomainedeCala.com ensures the preservation of the Products in the best conditions of temperature, humidity, bedding and darkness, it is not possible to guarantee the impeccable quality of the Products, its responsibility can not be engaged in this regard. Depositing and levelling is a natural evolution after a certain period of ageing, and certain bottles, particularly from old vintages, may sometimes have suffered external damage that does not affect the quality of their contents.
DomainedeCala.com cannot be held responsible in this respect.
11.2. Force Majeure – Default by the Customer
DomainedeCala.com will not be held liable in the event of force majeure or default on the part of the Customer, as defined in this Article:
11.2.1. Force majeure
Within the meaning of these General Terms and Conditions of Sale, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of installations, shall be deemed to be a case of force majeure that may be invoked against the Customer, unlawful or fraudulent use of passwords, codes or credentials provided to the Customer, hacking, security breach by the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of DomainedeCala.com. In such circumstances, DomainedeCala.com shall be excused from performing its obligations to the extent of such impediment, limitation or disruption.
11.2.2. Fault by the Customer
Within the meaning of these General Terms and Conditions, will be considered as a fault of the Customer opposable to the latter any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or its employees, non-compliance with the advice given by DomainedeCala.com on its Website, any disclosure or unlawful use of the password, codes and credentials of the Customer, as well as the provision of incorrect information or failure to update such information in its personal space. It will also be considered as a fault of the Customer the implementation of any technical process, such as robots, or automatic requests, whose implementation would contravene the letter or spirit of these general conditions of sale.
11.3 Technical problems - Hypertext links
In the event of impossibility of access to the Website, due to technical problems of any kind, the Customer may not claim any damage or compensation. The unavailability of one or more online services, even if prolonged and without any time limit, cannot constitute a prejudice for the Customers and cannot in any way give rise to the granting of damages by DomainedeCala.com.
The hypertext links on the Website may lead to other websites. DomainedeCala.com cannot be held responsible if the content of these websites contravenes the legislation in force. Similarly, DomainedeCala.com cannot be held responsible if the visit of one of these websites by the Internet user causes prejudice.
In the current state of technology, the rendering of the representations of the Products offered for sale on this Website, particularly in terms of colour or shape, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. These variations and differences can in no way be attributed to DomainedeCala.com which can in no way be held responsible for this.
11.4 Damages to the charge of DomainedeCala.com
In the absence of legal or regulatory provisions to the contrary, the responsibility of DomainedeCala.com is limited to the direct, personal and certain damage suffered by the Customer and related to the failure in question. DomainedeCala.com shall in no case be liable for indirect damages such as, in particular, loss of data, commercial prejudice, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. Similarly, and within the same limits, the amount of damages and interest charged to DomainedeCala.com may not in any event exceed the price of the Product ordered.
11.5. Hyperlinks and content of the Website
The Contents of the Website are published for information purposes only, without any guarantee of accuracy. DomainedeCala.com can in no way be held responsible for any omission, inaccuracy or error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.
ARTICLE 12. INTELLECTUAL PROPERTY
12.1. Legal protection of the Contents of the Website
The Contents of the Website are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of DomainedeCala.com or its successors or assigns constitutes a violation of Books I and III of the Code of Intellectual Property and will be likely to give rise to legal proceedings for infringement.
12.2. Contractual protection of the Website Content
The Internet user contractually undertakes to DomainedeCala.com not to use, reproduce or represent, in any way whatsoever, the Contents of the Website, whether or not they are protected by intellectual property rights, for any purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Website for indexing purposes.
ARTICLE 13. FINAL STIPULATIONS
13.1. Applicable law
These general terms and conditions are subject to French law.
13.2. Changes to these General Terms and Conditions
These general terms and conditions may be modified at any time by DomainedeCala.com. The general terms and conditions applicable to the Customer are those in force on the day of its order or its connection to this Website, any new connection to the personal space entailing acceptance, where applicable, of the new general terms and conditions.
Pursuant to Order No. 2015-1033 of 20 August 2015, any disputes that may arise in connection with the performance of these general terms and conditions and for which no amicable solution has been found between the parties shall be submitted to https://www.cnpm-mediation-consommation.eu/
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Any dispute relating to this contract or in connection with it shall be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com.
13.4. Whole agreement
The voidance of one of the clauses of this contract will not entail voidance of the other clauses of the contract or of the contract as a whole, which will retain their full force and scope. In such a case, the parties must, to the extent possible, replace the voided stipulation with a valid stipulation corresponding to the spirit and the object of these present terms and conditions.
The absence of exercise by DomainedeCala.com of the rights granted to it herein may in no way be interpreted as a waiver to assert said rights.
13.6. Cold Calling
The Customer is informed that he/she has the possibility of registering on the list of opposition to telephone canvassing at the address http://www.bloctel.gouv.fr/.
13.7. Languages of these general terms and conditions
These general terms and conditions are provided in French and English. In case of discrepancies between the versions, the French version prevails.
13.8. Unfair terms
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer
HOW TO CANCEL THE ORDER
IN THE EVENT OF DISTANCE SELLING TO A CUSTOMER
In the case of distance selling, as defined by article L. 221-1 of the French Consumer Code, within fourteen days, including bank holidays, from the date of the order or the commitment to purchase, the Customer has the right to cancel the order by registered letter with acknowledgement of receipt. If this period normally expires on a Saturday, Sunday or Bank holiday, it shall be extended to the next working day.
Any clause in the contract by which the customer waives his right to renounce his order or purchase commitment is null and void. This article does not apply to contracts concluded under the conditions provided for in Article L. 221-2.
If you cancel your order
you can use the detachable form opposite.
Consumer Code art. L. 221-5
∗ complete and sign this form
∗ send it by registered letter with acknowledgement of receipt
∗ use the address given in Article 1
∗ send it at the latest on the fourteenth day from the day of the order or, if this period normally expires on a Saturday, a Sunday or a bank holiday, on the first working day thereafter.
I, the undersigned, hereby declare that I cancel the following order:
∗ Nature of the goods or service ordered:
∗ Date of the order:
∗ Date of receipt of the order:
* Name of the Customer:
*Adress of the Customer:
Signature of the Customer: