The present conditions of sale are concluded, on the one hand, by the company Arhas International SAS, whose registered office is located at 8, Rue de Dunkerque, 94500 Champigny-sur-Marne, registered in the Créteil Trade and Companies Register under the number RCS 350 362 240, whose share capital is €7622.45, with the following intra-community VAT number: FR67350362240, whose telephone number is +33.(0)1.48.81.16.80 and the contact e-mail address: info@camalya.com hereinafter referred to as "Camalya" and managing the website www.camalya.com and, on the other hand, by any individual or legal entity wishing to make a purchase via the website www.camalya.com hereinafter referred to as "the buyer".
Article 1. Purpose
The present conditions of sale aim to define the contractual relationship between Camalya and the buyer and the conditions applicable to any purchase made through the website www.camalya.com. The acquisition of a product through this website implies the buyer's unreserved acceptance of these terms and conditions of sale, which the buyer acknowledges having read prior to placing an order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site www.camalya.com is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have the full legal capacity, allowing him to commit himself under these general conditions of sale.
Camalya reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulation or in order to improve the use of its website. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Products
The products offered are those shown on the website www.camalya.com of the company Camalya, within the limits of available stocks. Camalya reserves the right to modify the range of products at any time. Each product is presented on the website in the form of a description of its main technical characteristics: name, reference, size, composition, colour and size. The photographs are as accurate as possible but do not commit the Seller. The sale of the products presented on the website www.camalya.com is intended for all buyers residing in countries that fully authorise the entry of these products into their territory.
Article 3. Tariffs
The prices appearing on the product sheets of the internet catalogue are prices in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Camalya reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, which are invoiced in addition to the price of the products purchased, depending on the total amount of the order. In metropolitan France, shipping costs are free. Outside metropolitan France, shipping costs are applicable.
Article 4. Order and payment terms
The company Camalya offers the buyer to order and pay for its products in several steps, with 1 payment option:
-Secure payment by Paypal or credit card (via the PAYPAL system): the buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references...), checks the delivery address or informs a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: "Payment by Paypal". The next step is to check all the information, read and accept the present general conditions of sale by ticking the corresponding box, and then to validate the order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the PAYPAL secure interface in order to safely enter his Paypal account or personal credit card references. If the payment is accepted, the order is recorded and the contract is definitively formed. The payment by Paypal account or by credit card is irrevocable. In case of fraudulent use of the latter, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the bank card holder is not engaged if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract binding him or her to the bank so provides. The amounts debited are reimbursed by the bank within a maximum of one month after receipt of the cardholder's written objection. The holder shall not be liable for any costs incurred in returning the sums.
The confirmation of an order implies acceptance of these terms of sale, the recognition of having perfect knowledge of them and the renunciation to take advantage of its own conditions of purchase. All the data provided and the recorded confirmation will be considered as proof of the transaction. If the buyer has an e-mail address and if he/she has provided it on the order form, Camalya will send him/her an e-mail confirming the registration of the order.
If the buyer wishes to contact the company Camalya, he can do so either by mail at the following address: Camalya, 8 Rue de Dunkerque, 94500 Champigny-sur-Marne; or by email at the following address: info@camalya.com
Article 5. Reservation of ownership
Camalya retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.
Article 6. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of his order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return costs.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area. Orders are delivered by the carrier chosen by Camalya, including a tracking service, without signature. Delivery times are given as an indication only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. Camalya may provide the buyer with the tracking number of his package by e-mail. The buyer is delivered to his home by the carrier. In case of absence of the buyer, he will receive a notice of passage, which allows him to withdraw the products ordered in a place of deposit nearest, during a period indicated by the services concerned. The risks associated with transport are borne by the buyer from the moment the items leave the premises of the company Camalya. The buyer is obliged to check in the presence of the carrier the state of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Guarantee
All products supplied by Camalya benefit from the legal guarantee provided by articles 1641 and following of the Civil Code*. In case of non-conformity of a product sold, it can be returned to Camalya, which will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to the following address Camalya, 8 Rue de Dunkerque, 94500 Champigny-sur-Marne, France, or by email to: info@camalya.com within fourteen days of delivery.
Article 1641, The seller is bound by the warranty for latent defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if he had known about them.
Article 9. Liability
The company Camalya, in the process of distance selling, is only bound by an obligation of means. It cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break in service, or other involuntary problems.
Article 10. Intellectual Property
All the elements of the www.camalya.com website are and remain the exclusive intellectual property of the Camalya company. No one is authorised to reproduce, exploit or use in any way whatsoever, even partially, elements of the site whether in the form of photos, logos, visuals or text. Moreover, all the products displayed on the www.camalya.com website are strictly the intellectual property of the Camalya company. Any total or partial reproduction of our articles will be liable to legal action.
Article 11. Personal data
The company Camalya undertakes to preserve the confidentiality of information provided by the buyer, which he/she would be required to transmit for the use of certain services. Any information concerning the buyer is subject to the provisions of the law n° 78-17 of January 6, 1978. As such, the Internet user has the right to access, modify and delete information concerning him. He can make a request at any time by mail to the following address Camalya, 8 Rue de Dunkerque, 94500 Champigny-sur-Marne.
We would like to inform you of your right to register on the opposition list for telephone canvassing and suggest that you register on Bloctel. Bloctel is the opposition list for telephone canvassing on which any consumer can register free of charge in order to no longer be canvassed by telephone by a professional with whom they have no current contractual relationship, in accordance with the law n°2014-344 of 17 March 2014 on consumption. The law specifies that it is forbidden for any professional, directly or through a third party acting on his behalf, to telephone a consumer registered on this list, with the exception of the cases listed by the law.
For more information: http: //www.bloctel.gouv.fr/
To register: https: //conso.bloctel.fr/
Article 12. Dispute resolution and mediation
The present conditions of distance selling are subject to French law. According to article R. 631-3 of the French Consumer Code, "the consumer may refer the matter either to one of the courts with territorial jurisdiction under the Code of Civil Procedure, or to the court of the place where he or she lived at the time of the conclusion of the contract or of the occurrence of the harmful event".
In the event of a dispute, the consumer may have recourse to a conventional mediation procedure or to any other method of dispute settlement.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Camalya is a member of the Centre de médiation des conciliateurs de justice (CM2C) whose contact details are as follows: 14 Rue Saint Jean - 75017 Paris - https://cm2c.net/. After prior written request from the consumer to Camalya, the Mediation Service can be contacted for any consumer dispute which has not been settled.