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General Terms and Conditions of Sale – Calithings

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General Terms and Conditions of Sale –

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This English version is provided for information purposes only. In the event of any discrepancy, the French version shall prevail.

Article 1 – Legal Information, Purpose and Acceptance

1.1 Publisher and Seller. The website calithings.eu is published by Nicolas CHAVRIER, sole trader (entrepreneur individuel) operating under the trade name CaliThings, registered under SIREN number 891735276, whose business address is 9 rue de la cascade, 38300 Bourgoin-Jallieu, France. Telephone: +33 6 45 74 42 45. E-mail: calithingshop@gmail.com. VAT not applicable, Article 293 B of the French General Tax Code (CGI). Publication director: Nicolas CHAVRIER.

1.2 Hosting Provider. Wix Online Platforms Limited, 1 Grant’s Row, Dublin 2, D02HX96, Ireland – Telephone: via the contact page of the Wix Help Center (support.wix.com) – www.wix.com.

1.3 Purpose. These General Terms and Conditions of Sale (“Terms”) govern sales of accessories and equipment for vans and campervans, in particular the Volkswagen California, concluded on the website calithings.eu or remotely (telephone, e-mail) between CaliThings and its customers. Provisions specific to business customers are set out in Article 20.

1.4 Acceptance. The customer accepts these Terms by ticking the box provided before confirming their order. The applicable Terms are those in force on the date of the order. The customer declares that they have the legal capacity to enter into a contract or are acting with the authorisation of their legal representative. For orders placed by telephone, these Terms are sent to the customer on a durable medium (e-mail) together with the order confirmation.

1.5 Evidence. The website’s computer records, stored under reasonable security conditions, constitute evidence of communications and orders, unless proven otherwise by any means.

Article 2 – Compatibility, Use and Fitting of Products

2.1 Compatibility. Each product page lists the vehicles for which the product is designed (model, generation, layout). The customer is responsible for checking that the product is compatible with their vehicle before ordering. If in doubt, the customer may contact customer service (Article 10) before ordering.

2.2 Use When Stationary. Unless otherwise stated on the product page, products used to move, hold or relocate interior furniture (in particular the table) are intended for use when the vehicle is stationary. Before driving, the customer must return the furniture to its original stowed position or secure it as described in the instructions. CaliThings is not liable for the consequences of use contrary to these instructions.

2.3 Vehicle Modifications. The product page states whether fitting the product requires any modification of the vehicle (for example drilling). Any modification of the vehicle is carried out under the customer’s responsibility.

2.4 Manufacturer’s Warranty. Fitting an accessory may affect the vehicle manufacturer’s contractual warranty. The customer is responsible for checking with the manufacturer before fitting.

2.5 Fitting. Products are sold unfitted, with fitting instructions. The customer fits the product in accordance with these instructions. For any fitting the customer is not confident carrying out, CaliThings recommends using a qualified professional.

2.6 Scope. This Article does not limit the statutory warranties set out in Article 9 or liability for defective products (Articles 1245 et seq. of the French Civil Code).

Article 3 – Orders

The customer selects products, checks the contents of their basket (quantities, unit prices, total, delivery charges), then enters or checks their delivery and billing details. The customer may correct any errors before confirming. The order is placed by clicking the “Order with obligation to pay” button.

CaliThings acknowledges receipt of the order by e-mail without delay, then sends a confirmation setting out the order details, prices, delivery date or timeframe, these Terms and the withdrawal form. The contract is concluded when this confirmation is sent.

For any order of €120 or more (incl. taxes), CaliThings archives the contract for 10 years and provides it to the customer on request (Articles L213-1 and D213-1 of the French Consumer Code).

CaliThings may refuse an order in the event of a previous payment dispute with the customer or an abnormal request.

Article 4 – Prices

Prices are stated in euros, inclusive of taxes where applicable, excluding delivery charges. VAT not applicable, Article 293 B of the French General Tax Code. Delivery charges are displayed before the order is confirmed. The applicable price is the one displayed at the time of the order.

CaliThings may cancel an order placed with an invalid or expired promotional code; the customer is informed and refunded in full within 14 days.

Deliveries outside the European Union (Switzerland, United Kingdom, French overseas territories, etc.): customs duties and import taxes may be charged by the destination country. These are payable by the customer, who must check before ordering that the product may be imported into that country.

Article 5 – Retention of Title

Products remain the property of CaliThings until the price has been paid in full. The transfer of risk is governed by Article 7.3.

Article 6 – Payment

The price is payable on ordering by bank card, PayPal, bank transfer or cheque. Card and PayPal payments are processed by secure payment providers; CaliThings never has access to the customer’s banking details.

For payment by bank transfer or cheque, the order is processed upon actual receipt of funds; the delivery period runs from that date.

Article 7 – Delivery

7.1 Timeframes. Orders are shipped by La Poste, Chronopost or the carrier selected when ordering. The preparation time may be up to 14 working days (2 days on average). If no timeframe is stated, delivery takes place no later than 30 days after the contract is concluded (Article L216-1 of the French Consumer Code).

7.2 Made-to-Order or Custom Products. For products not held in stock or made to measure, CaliThings provides in writing, before the order is confirmed, an estimated delivery date or timeframe, which becomes the contractual date.

7.3 Transfer of Risk. For consumer customers, the risk of loss or damage passes when the customer takes physical possession of the products (Article L216-4), unless the customer has chosen a carrier not offered by CaliThings (Article L216-5).

7.4 Late Delivery. If the agreed date is exceeded, the customer may require CaliThings to deliver within a reasonable additional period and, failing that, terminate the contract in writing and obtain a refund of the sums paid within 14 days (Articles L216-6 and L216-7).

7.5 Receipt. The customer is invited to check the condition of the parcel in the presence of the delivery person and to record specific reservations in the event of damage or an incomplete parcel, then to inform CaliThings as soon as possible, with photographs. These steps facilitate CaliThings’ claim against the carrier; failure to take them does not deprive the consumer of their rights, in particular under the statutory guarantee of conformity.

7.6 Outside Metropolitan France. Customs formalities may extend delivery times; CaliThings informs the customer of this when the order is placed.

Article 8 – Right of Withdrawal (Consumer Customers)

8.1 Period. The consumer has 14 days to withdraw, without giving any reason and without penalty, from the date of receipt of the product. For an order delivered in several parcels, the period runs from receipt of the last parcel.

8.2 Exercise. The consumer notifies their decision before the period expires, either:
– via the online function available on the website through the link “Withdraw from the contract here” (« Renoncer au contrat ici »), then confirmed by the button “Confirm withdrawal” (« Confirmer la rétractation »); or
– by sending the model form set out in the Appendix, or any other unambiguous statement, by e-mail to calithingshop@gmail.com or by post to 9 rue de la cascade, 38300 Bourgoin-Jallieu, France.

CaliThings acknowledges receipt of the withdrawal by e-mail without delay and provides the return address. No prior approval is required.

8.3 Return. The consumer must return the product no later than 14 days after notifying their decision. Return costs are borne by the consumer. The product must be returned complete (accessories, instructions), in packaging that protects the contents.

8.4 Refund. CaliThings refunds all sums paid, including initial delivery charges at the cheapest standard rate offered, no later than 14 days after being informed of the withdrawal. CaliThings may withhold the refund until it has received the product or proof of its dispatch. The refund is made using the original payment method, unless otherwise agreed with the customer.

8.5 Diminished Value. The consumer may be held liable for any diminished value of the product resulting from handling other than what is necessary to establish its nature, characteristics and proper functioning. For example, a product that has been fitted to a vehicle and shows tightening marks, scratches or signs of use exceeds such handling; the amount of the diminished value is then deducted from the refund, with supporting evidence.

8.6 Exceptions (Article L221-28). The right of withdrawal does not apply to products made to the customer’s specifications or clearly personalised (dimensions, configuration or finish requested by the customer), nor to products which, after delivery and by their nature, are inseparably mixed with other items. Such exceptions are indicated on the product page.

Article 9 – Statutory Warranties

All products benefit, at no extra cost, from the statutory guarantee of conformity and the warranty against hidden defects. To claim under them, the customer contacts customer service (Article 10) with their invoice and a description of the defect, with photographs.

9.1 Statutory Guarantee of Conformity (Articles L217-3 to L217-20 of the French Consumer Code). The consumer has 2 years from delivery of the goods to claim under this guarantee. Any defect appearing within this period is presumed to have existed at the time of delivery, without the consumer having to prove it. The consumer may choose repair or replacement, carried out within 30 days and free of charge. Failing that, or if the defect is serious, the consumer obtains a price reduction or termination of the contract with a refund.

Box – Statutory Warranties (unofficial translation of the text annexed to Article D211-2 of the French Consumer Code)

The consumer has a period of two years from delivery of the goods to obtain the implementation of the statutory guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the statutory guarantee applies to that digital content or digital service throughout the intended supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The statutory guarantee of conformity requires the professional, where applicable, to provide all updates necessary to keep the goods in conformity.

The statutory guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without significant inconvenience to the consumer.

If the goods are repaired under the statutory guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but the seller imposes replacement, the statutory guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund upon return of the goods, if: (1) the professional refuses to repair or replace the goods; (2) the repair or replacement of the goods takes place after a period of thirty days; (3) the repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer ultimately bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods; (4) the lack of conformity persists despite the seller’s unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. In that case, the consumer is not required to request repair or replacement of the goods first.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the restored goods are delivered.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who, in bad faith, obstructs the implementation of the statutory guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the statutory warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept, or to a full refund upon return of the goods.

9.2 Warranty Against Hidden Defects (Articles 1641 to 1649 of the French Civil Code). The customer may bring a claim within 2 years of discovering the defect and choose between termination of the sale and a price reduction.

9.3 Exclusions. Damage resulting from fitting not in accordance with the instructions, fitting to a vehicle not listed as compatible, normal wear and tear, lack of maintenance, an accident, or use contrary to the product’s intended purpose — in particular use while driving of a product intended for use when the vehicle is stationary — does not constitute a lack of conformity or a hidden defect.

9.4 Compensation. For consumers, CaliThings’ liability is engaged under ordinary law; no clause of these Terms limits it. The limitations set out in Article 20 apply only to business customers.

Article 10 – Customer Service

Customer service is available Monday to Friday, 4 pm to 8 pm (French time), on +33 6 45 74 42 45 (standard-rate call), by e-mail at calithingshop@gmail.com or by post at 9 rue de la cascade, 38300 Bourgoin-Jallieu, France. CaliThings responds to written requests within 2 working days.

Article 11 – Liability

CaliThings is not liable for non-performance of the contract attributable to the customer, to the unforeseeable and insurmountable act of a third party, or to force majeure within the meaning of Article 1218 of the French Civil Code.

Product photographs are as accurate as possible; minor differences in appearance (colours) due to screen settings may occur. A substantial difference from the product delivered falls under the guarantee of conformity.

Links to third-party websites are provided for information only; CaliThings does not control their content.

Article 12 – Personal Data

12.1 Data Controller. Nicolas CHAVRIER (CaliThings), 9 rue de la cascade, 38300 Bourgoin-Jallieu, France, calithingshop@gmail.com, in accordance with Regulation (EU) 2016/679 (GDPR) and amended French Law No. 78-17 of 6 January 1978.

12.2 Purposes, Legal Bases and Retention Periods.
– Order management, delivery, customer service and warranties: processing based on performance of the contract; data retained for the duration of the business relationship, then 5 years (limitation period).
– Invoices and accounting records: processing based on a legal obligation; retained for 10 years (Article L123-22 of the French Commercial Code).
– Customer account: processing based on performance of the contract; retained until the account is deleted, or 3 years after the last contact.
– Newsletter and commercial offers: processing based on consent, or on legitimate interest for products similar to those already purchased (Article L34-5 of the French Postal and Electronic Communications Code); retained 3 years after the last contact, or until unsubscription.
– Payment fraud prevention: processing based on legitimate interest; retained for as long as necessary for the transaction.

12.3 Recipients. Data is reserved for CaliThings and shared only with necessary service providers: hosting and online shop (Wix), payment (Stripe, PayPal), carriers, e-mail (Google), automation and drafting-assistance tools for customer service replies (Make, Anthropic). Data is never sold.

12.4 Transfers Outside the EU. Some service providers (notably Wix, PayPal, Google) may process data outside the European Union. Such transfers are governed by an adequacy decision (including the EU–US Data Privacy Framework) or by the European Commission’s standard contractual clauses.

12.5 Rights. The customer has the right of access, rectification, erasure, restriction, portability and objection, as well as the right to withdraw consent and to set instructions regarding their data after death. These rights may be exercised by e-mail to calithingshop@gmail.com. The customer may lodge a complaint with the CNIL, the French data protection authority (cnil.fr).

12.6 Newsletter. The customer may unsubscribe at any time via the link included in each mailing.

Article 13 – Cookies

The website uses cookies strictly necessary for its operation (basket, login, security), which do not require consent. Audience measurement and advertising cookies are only placed after the user’s consent, obtained via the banner displayed on their first visit. Consent may be withdrawn at any time via the “Cookie settings” link in the footer. Cookies subject to consent have a maximum lifespan of 13 months.

Article 14 – Intellectual Property

The texts, photographs, logos, the CaliThings brand and the structure of the website are protected by intellectual property law. Any reproduction or use, even partial, without CaliThings’ written permission is prohibited.

Article 15 – Amendments to the Terms

CaliThings may amend these Terms at any time. The applicable Terms are those in force on the date of the order; previous versions are available on request.

Article 16 – Governing Law and Jurisdiction

These Terms are governed by French law and drawn up in French. This clause does not deprive a consumer residing in another EU Member State of the protection afforded by the mandatory provisions of the law of their country (Article 6 of the Rome I Regulation).

In the event of a dispute, the consumer may bring proceedings, at their choice, before the court of the place where they resided when the contract was concluded or when the harmful event occurred, or before any other competent court (Article R631-3 of the French Consumer Code).

Article 17 – Complaints and Mediation

The customer must first send any complaint in writing to customer service (Article 10). If this fails, or if no reply is received within 2 months, the consumer may refer the matter free of charge to the consumer mediator to which CaliThings belongs:
Appointment in progress

The mediator must be contacted within one year of the written complaint (Article L612-2 of the French Consumer Code). Mediation is optional and does not deprive the parties of their right to take legal action.

Article 18 – Severability

If any clause of these Terms is declared void or deemed unwritten, the remaining clauses continue to apply.

Article 19 – No Waiver

CaliThings’ failure to rely on any clause does not constitute a waiver of its right to rely on it subsequently.

Article 20 – Business Customers

The following provisions apply to customers acting for the purposes of their business and, for them, override the preceding articles.

– Withdrawal: the right of withdrawal under Article 8 does not apply. Orders are firm; any return requires CaliThings’ prior written consent, except for defects covered by the warranty.
– Transfer of risk: risk passes when the products are handed over to the carrier.
– Receipt: reservations for damage or partial loss must be notified to the carrier by registered letter within 3 days of receipt, excluding public holidays (Article L133-3 of the French Commercial Code), with a copy to CaliThings. Apparent non-conformities must be reported to CaliThings within 8 days.
– Warranty and liability: the warranty is limited to replacement or refund of the defective product. CaliThings does not cover labour, fitting or removal costs, vehicle downtime or indirect damage.
– Late payment: penalties at the ECB rate plus 10 percentage points, and a fixed compensation of €40 for recovery costs (Articles L441-10 and D441-5 of the French Commercial Code).
– Business account: CaliThings may close a business account in the event of late payment or non-payment.
– Jurisdiction: any dispute falls within the exclusive jurisdiction of the courts of Lyon, France.

Appendix – Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract. You may also use the “Withdraw from the contract here” function on the website.)

To: CaliThings – Nicolas CHAVRIER, 9 rue de la cascade, 38300 Bourgoin-Jallieu, France, calithingshop@gmail.com:

I/We (1) hereby give notice that I/we (1) withdraw from my/our (1) contract of sale of the following goods:

Ordered on (1) / received on (1):
Order number:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:

(1) Delete as appropriate.

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