GENERAL TERMS AND CONDITIONS OF SALE
DEFINITIONS
“Callisto”: MAISON MASSIMO, a simplified joint-stock company, whose registered office is at 58 avenue de Wagram, 75017 Paris, registered with the Paris Trade and Companies Register under number 893 853 044, Email: contact@callistoparis.com
"Internet user": User of the Internet network
“Users”: Internet users browsing the Site.
“Buyer”: User who has validated an order and declares that they have the full legal capacity to enter into these general terms and conditions of sale.
"Party": Callisto and/or User
"Parties": Callisto and User together
"Products": Callisto fragrance products, candles, body products, and beach accessories. It is specified here that the Products are intended for the User's personal use.
"Site": Callisto's e-commerce website accessible at www.callistoparis.com
INTRODUCTION
The Site allows Callisto to offer Products for sale to Users.
For the purposes of this agreement, the rights and obligations of the User necessarily apply to the Buyer.
The Products ordered by the Buyer will be delivered only within the European Union.
Any order for a Product offered on the Site implies consultation and irrevocable and express acceptance of these general terms and conditions of sale, without this acceptance being conditional upon a handwritten signature from the User.
Callisto invites Users to contact Callisto by email at contact@callistoparis.com if they have any doubts about the use of the Products.
It is recalled that the validation of the order form as specified in article 3 constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.
These general terms and conditions of sale are offered only in French.
1. Purpose
These general terms and conditions of sale are intended to define the rights and obligations of the Parties arising from the online sale of Products offered on the Site.
These terms apply to the exclusion of all other documents.
2. Products
The Products offered for sale by Callisto are those which appear on the Site, on the day of consultation of the Site by the User, and within the limit of available stocks and subject to the conditions stipulated above.
The price of the trial doses only covers preparation and shipping costs.
The photographs illustrating the Products are not contractually binding. Callisto cannot be held liable for any errors they may contain.
3. Price
The applicable price is the one indicated on the Site.
Product prices are shown in euros. They include value added tax (VAT) applicable on the day of the order, handling and packaging costs.
Delivery charges apply. However, if the Buyer reaches a certain "Free Shipping" threshold specified on the website, then delivery will be free.
Callisto reserves the right, which the User accepts, to modify its prices at any time, but the Products will be billed on the basis of the rates in effect at the time the order is registered, subject however to the availability of the Products.
4. Registration
4.1. Order registration.
When the User wishes to order, they will choose the Products they are interested in by clicking on the "Order" box, specifying the desired quantity, and then clicking on the "Add to cart" box.
Each new addition to your basket will be indicated at the bottom of the page with the mention "My basket ..x.. items".
At any time, the User may:
- to obtain a summary of the Products he has chosen or to modify his order, by clicking on the mention "My basket",
- continue your product selection by clicking on "Add a product",
To order the selected Products, the User will click on "My Cart." A summary of their order will then appear on the screen. If the list presented corresponds to the Products they have chosen, they must then accept the General Terms and Conditions of Sale, which they can consult by clicking on the "General Terms and Conditions of Sale" link.
- he can first add or remove items from the basket by clicking on "recalculate my basket" to validate his changes.
- if the user confirms the conformity of their order and accepts the principle of payment by Credit Card, then they must click on the mention "Validate the basket" to proceed to the order payment stage.
4.2. Account creation.
- The User will have the option to create a new account if ordering for the first time, or to enter their username and password if their account has already been created.
- The User will validate the summary by checking or accurately completing the form made available to him, on which he will include the information necessary for his identification, including his name, surname, postal address, telephone number and email address.
- The User is informed and agrees that the entry of any identifier constitutes proof of their identity and signifies their consent.
Once identified, the User clicks on "Continue my order" an order form will appear on the screen, summarizing: the nature, quantity and price of the Products selected by the User, as well as the total amount of the order, the User's contact details, the delivery and billing address(es) of the Products.
Before final validation of the order, the User can still click on the "Modify my order" box in order to correct any errors.
4.3. Payment method.
The user must pay for their order by clicking on one of the "credit card" icons.
5. Order Validation and Confirmation
5.1. Final order confirmation
All orders imply full and unreserved acceptance of these general terms and conditions of sale.
After reviewing the status of their order, and once the requested information has been completed by the User, the latter will click on the "Credit Card" icon to express their acceptance, validate the transaction and pay for their order.
For payments made by credit card, the user is automatically redirected to the ATOS WORLDLINE payment server. They will then follow the procedure described in Article 6. It is specified that the ATOS WORLDLINE server is secured by SSL (Secure Socket Layer) encryption to protect all payment-related data as effectively as possible, and that the user's bank details will never pass through CALLISTO's computer system. Once the payment is validated, the user is returned to the Website. Their order is registered and becomes irrevocable.
The User then becomes a Buyer.
The order form is recorded in CALLISTO's computer records, which are stored on a reliable and durable medium, and will be considered proof of the contractual relationship between the Parties. The buyer may consult their order history and the status of their current orders at any time by clicking on "My Account".
5.2. Order Confirmation
Once the payment has been validated, a summary of the Buyer's order will be displayed, including the order number and the bank transaction number. This summary will also be sent to the Buyer by email, to the email address provided during registration.
The sale will only be considered final after CALLISTO has received full payment.
5.3. Shipment Confirmation
A shipping confirmation email will be sent to the Buyer. The Buyer can check the status of their current orders at any time by clicking on "My Account".
6. Payment
The price charged to the Buyer is the price indicated on the order confirmation sent by email from CALLISTO to the Buyer.
Please note that online payment by credit card will be processed immediately on the internet. CALLISTO will therefore collect the full amount of the order upon online order confirmation.
All orders are payable in Euros.
CALLISTO reserves the right to refuse any order or delivery in the event of an existing dispute with the Buyer, total or partial non-payment of a previous order by the Buyer, refusal of payment authorization by bank card from banking institutions, non-payment or partial payment.
7. Delivery
7.1. Product Unavailability
Products are offered subject to availability. If a product is unavailable, the Buyer will be informed when placing their order and before payment.
7.2. Delivery methods
The Products ordered by the Buyer will be delivered by a delivery company to the address indicated by the Buyer on the order form, against signature.
The purchased Products will be shipped within 4 working days by Colissimo, from the date of receipt by CALLISTO of the full price.
The shipping time indicated is the average time observed. It may vary depending on the destination. In order to guarantee optimal service, CALLISTO requests that the Buyer provide an address where the order can be delivered during business hours, as well as a telephone number and any other information facilitating access to the building (access code, floor, apartment number).
In the event of a delivery delay, the Buyer must notify CALLISTO's customer service department as soon as possible by email to votreboutique@comptoir-sud-pacifique.com. CALLISTO will then contact the delivery company to initiate an investigation. Investigations can take time. Furthermore, it is specified that ownership of the ordered Products will only be transferred to the Buyer upon full payment of the invoiced price.
Upon receipt of the ordered Products, the Buyer must verify their conformity. Any anomaly concerning the delivery (missing or broken Product, damaged package, etc.) must be reported by the Buyer and must be notified to CALLISTO's customer service department by email to contact@callistoparis.com on the day of receipt or at the latest on the first business day following receipt. Any claim made after this period will be rejected, and CALLISTO will be released from all liability.
Any non-conforming Product, to be exchanged or refunded, must be returned to CALLISTO in its original packaging and condition, accompanied by a copy of the invoice, to the following address by registered mail:
MASSIMO HOUSE
58 avenue de Wagram,
75017 Paris
FRANCE
CALLISTO will then proceed with the exchange or refund of the defective or missing Product(s).
8. Right of withdrawal
The Buyer has seven (7) business days to return, at their own expense, the Product(s) they ordered if they are not satisfied. This period begins on the day the order is delivered. The Product(s) must be returned in their original packaging and condition, along with a copy of the invoice, to the following address by registered mail:
MASSIMO HOUSE
5-8 Avenue de Wagram ,
75017 Paris
FRANCE
If the aforementioned conditions are met, CALLISTO will reimburse the Buyer, within thirty (30) days, for the amounts corresponding to the products purchased. Shipping costs will be borne by the Buyer.
9. Information Technology and Freedoms
Providing the personal information collected during the online sales process is mandatory, as this information is necessary for processing and delivering orders, as well as for issuing invoices. This information is strictly confidential. Failure to provide this information will result in the automatic rejection of the order.
In accordance with French Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, the processing of personal information collected on this Site has been declared to the French Data Protection Authority (CNIL). Users have the right to access, modify, rectify, and delete their personal data. To exercise this right, users must click on the "My Account" link on the Site to make the necessary changes.
10. Responsibility
The products offered by CALLISTO comply with current European regulations.
It is hereby noted that CALLISTO invites Users to contact CALLISTO by email addressed to contact@callistoparis.com if they have any doubts about the use of the Products.
CALLISTO cannot be held responsible for non-performance of the contract in the event of stock shortage or unavailability of the Product, force majeure, disruption or total or partial strike in particular of postal services and means of transport and/or communications.
Events meeting the criteria established by the case law of the 2nd Civil Chamber of the Court of Cassation will be considered as cases of force majeure.
The Party invoking a force majeure event must notify the other Party within five working days of the occurrence or threat of that event.
The Parties agree that they will consult with each other as soon as possible in order to jointly determine the terms of execution of the order during the period of force majeure.
Beyond a period of one (1) month of interruption due to force majeure, CALLISTO may not honor the order, in which case it will be responsible for reimbursing the Buyer.
CALLISTO cannot be held responsible for damages of any kind, whether material, immaterial or bodily, which may result from a malfunction or misuse of the Products sold.
CALLISTO's liability will, in any event, be limited to the amount of the order and cannot be invoked for simple errors or omissions that may have remained despite all precautions taken in the presentation of the Products.
11. Partial invalidity
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.
12. Entirety of the contract
These general terms and conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties.
In case of conflict between these documents, the general terms and conditions of sale shall prevail.
13. Disputes - Applicable Law - Jurisdiction
In the event of a dispute, the Buyer will first contact CALLISTO to seek an amicable solution.
It is important to note that seeking an amicable solution does not interrupt the statutory warranty period or the duration of the contractual warranty. Generally, and subject to the courts' interpretation, compliance with the provisions of this contract relating to the contractual warranty requires:
• That the Buyer honors its financial obligations to the seller
• That the Buyer uses the purchased items in a normal manner.
In the absence of an amicable solution, express jurisdiction is conferred upon the courts of Paris, regardless of the place of delivery and the method of payment.
These general terms and conditions of sale and the contractual relationship between CALLISTO and the Buyer are governed by French law.
14. Warranty
In any event, the Buyer benefits from the legal guarantee relating to hidden defects (Art. 1625 et seq. of the Civil Code).
Provided that the Buyer has proven the hidden defect, CALLISTO must legally repair all the consequences (art. 1641 et seq. of the Civil Code) if the Buyer takes legal action, he must do so within two years of the discovery of the hidden defect (art. 1648 of the Civil Code).
15. Intellectual Property
All texts, comments, works, logos, and images presented on the website www.comptoir-sud-pacifique.com are protected worldwide by copyright and intellectual property rights. Any reproduction, in whole or in part, of the CALLISTO catalog is prohibited.
16. Information
CALLISTO is committed to never sharing a User's contact information with third parties. The information a User provides to CALLISTO will therefore remain confidential, with the exception of shipping details, which are necessary for order processing and will be transmitted to the logistics service provider.
All information collected facilitates the User's use of the Site, notably by avoiding the need for multiple data entries. The User can access all information on the Site concerning them by clicking on the "My Account" box.
The user's address is necessary at the time of ordering to send the invoice and order to the buyer on time. The telephone number allows CALLISTO's customer service to contact the buyer regarding order follow-up. The buyer's email address allows CALLISTO to confirm the order and contact the buyer if necessary.
17. Warning
CALLISTO is unfortunately forced to protect itself against potentially inappropriate behavior. To this end, CALLISTO has implemented the following measures:
During transactions, CALLISTO records the User's IP address, as well as the exact dates and times of the transactions. This unique and formal identification confirms the User's contractual commitment.
Any attempt at fraud, regardless of the amount or origin, will be subject to criminal prosecution. In such cases, all data collected concerning the User will be transmitted to the Public Prosecutor for investigation.