These General Terms and Conditions of Sale (hereinafter the "GTC") regulate the relationship between the company CALEIDONAILS S.A.R.L., with a capital of ...Dhs, whose registered Office is at 14 Floor 3 Immeuble Dani 36 Angle Torik Ibn ET Rue de la Liberté - Marrakech (Morocco), registered in the Trade Register under number 124727 (hereinafter the "Company") and any purchaser (hereinafter the "Customer(s)") making a purchase via the Company's website (hereinafter the "Website").
The Company and the Customer are hereinafter individually or collectively referred to as the Party or Parties. The Company's Clients are invited to contact us at +212 08 08 59 07 31 (toll free) for any questions about the Website or the Products.
Company's e-mail address : info@caleidonails.com
The Company sells the Products on its Website and to private individuals as end customers. By placing an order on the Website, the Client declares that he/she is purchasing the Products for strictly personal purposes and without any direct connection with a professional activity. He/she is thus acting for purposes that do not fall within the scope of his/her commercial, industrial, craft or liberal activity.
The purpose of these GTC is to inform Clients about the characteristics of the Products marketed by the Company on its Website, and to define the rights and obligations of the Parties relating to the sale of Products by the Company to the Client on its Website.
They complement the Legal Notice of the Website and its policy on Personal Data and Cookies also available on the Website.
Any order placed through the Website or any use of these platforms, as well as all related services, are subject without reservation to these GTC and the above-mentioned documents. The placement of an order on the Website therefore implies full and complete acceptance by the Customer of these GTC, which the Customer acknowledges having read prior to placing the order.
The Company takes great care in putting the information and data available free of charge on the Site and in updating them. However, it is possible that certain inaccuracies, errors or omissions may have crept into the description of each Product that has been communicated to the Company by the manufacturers. The Company shall not be held liable for such inaccuracies, errors or omissions resulting from information provided by the manufacturers. However, the Company undertakes to correct such inaccuracies, errors or omissions as soon as they are brought to its attention.
In accordance with the legal regulations in force, the Customer may, prior to placing an order, take note on the Website of the essential characteristics of the Product(s) that he/she wishes to order by clicking on their name or their representation.
The essential qualitative and quantitative characteristics of each Product presented on the Website are obtained directly from the manufacturers.
The Company expressly reserves the right at any time to add new Products, to delete all or part of the Products sold or presented on the Website, to change their presentation or to stop marketing them on its Website, without being obliged to give prior notice to the Client.
The sale prices of the Products on the Website, indicated in Moroccan dirham, are those in force at the time the order is placed by the Client. These prices may be modified by the Company at any time. The prices shown on the Website are applicable only in the context of online sales.
The sale prices of the Products on the Website do not include shipping costs, which may be invoiced in addition to the price of the Products purchased. The shipping costs will be indicated before the order is placed by the Customer, depending on the delivery method chosen by the Customer.
The sale prices of the Products on the Website include the value-added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate shall automatically be reflected in the price of the Products sold by the Company on the Web Site. The Customer may also benefit, during certain specific periods, from promotional offers on certain Products. These offers shall be announced online on the Web Site and shall be valid for the period indicated and always subject to availability.
Any order for a Product offered on the Website implies the consultation and express acceptance of these GTC, which the Customer indicates by ticking a box before placing the order. The placing of an order on the Website is subject to strict compliance with the procedure described below. It is materialized online by a succession of different screens on which are indicated the different phases that the Customer must follow to validate his/her order with the Company.
The Customer undertakes to ensure that the information provided to the Company is complete, accurate and up-to-date. In the event of incomplete or inaccurate information, the Company reserves the right to cancel the order outright.
The order may be placed for a delivery address different from the billing address. The Company reserves the right to refuse or cancel any order from a Customer with whom it is in dispute over a previous order.
The Company reserves the right to refuse or cancel an order if it believes that the Customer is engaged in distribution or economic activity with the Products so ordered, or for any other legitimate reason.
In the order form, the Customer must enter and validate the identification and quantity of the Products ordered (the availability of which is to be confirmed by the Company, where applicable).
In accordance with the Company's obligation not to sell the Products to individuals as end customers, the Company undertakes that only a reasonable quantity of Products may be ordered and purchased by a single customer on the Website.
The Customer must then validate the billing address, the place and method of delivery, as well as the chosen method of payment. Before validating the order, the Customer is reminded of the information regarding the essential characteristics and the price.
Once this information has been entered and validated, the Customer must read and accept the GTC and finally validate the order by clicking on the "Pay" button.
From the moment of this validation, the Customer is deemed to have accepted all of the order data entered (in particular prices, volumes, characteristics, quantities and delivery times of the Products).
Once the Customer has validated the order, the order becomes final and can no longer be cancelled by the Customer. The order form is transmitted directly to the Company's online shop. The Customer's order number is then displayed.
The Company will then confirm to the Customer by e-mail that it has received the order, taking into account all the information communicated by the Customer, as well as all the information previously provided by the Company. Where applicable, this order shall be definitively validated after the security check carried out with the Client via the 3-D Secure system of the CMI (Interbank Monetary Centre).
The Company will send the Customer a second e-mail:
• either to confirm the processing of the order, which will then be prepared under the conditions of article 9, after the full payment of the order has been validly received by the Company, under the conditions of article 8.2,
• or to indicate to the Customer that the order has been cancelled due to an exceptional shortage of one or more Products (see article 9.3).
In general, it is expressly agreed that the e-mails sent by the Company to the e-mail address provided by the Customer will be deemed authentic between the Parties, as will the automatic recording systems used on the Website or the Application, in particular as regards the nature and date of the order.
In accordance with the legal provisions in force, the right of withdrawal cannot be exercised for beauty products (cosmetic and make-up products) unsealed after delivery for reasons of hygiene or health protection. The Customer therefore has no right of withdrawal for this type of products if they have been unsealed after delivery.
Subject to the exceptions defined by the legal provisions in force and in particular the one mentioned in the previous paragraph, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal. When the fourteen-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
The Customer may exercise his right of withdrawal:
- or by writing on plain paper, unambiguous and expressing his clear desire to withdraw, indicating clearly and legibly his contact details and the references of his order.
The plain paper can be sent:
- by e-mail to the following address: orders@caleidonails.com
The Customer shall return the Product(s) without undue delay and, at the latest, within fourteen days of communicating his/her decision to withdraw, to CALEIDONAILS - 14 Etage 3 Immeuble Dani 36 Angle Torik Ibn ET Rue de la Liberté - Marrakech (Morocco)
The Products concerned must be returned by the Customer complete, in perfect condition and in their original packaging, placed in a blank cardboard box in order to allow the Products to be sold again. The Customer shall only be liable for the depreciation of the Product resulting from handling other than that necessary to determine the type, characteristics and proper functioning of the Product.
In order to facilitate the processing of returns, it is strongly recommended that Customers legibly mention the initial order number on their return and/or attach the Return Form sent with the delivered Products, signed by the recipient of the order.
The Company reserves the right to refuse any return sent after the legal withdrawal period.
The Company does not accept packages sent postage due or cash on delivery.
In order to avoid any dispute, it is strongly recommended that Customers wishing to exercise their right of withdrawal return their Products in conditions similar to those of the initial shipment, with a declared value corresponding to the price of the initial order, and keep all proof of their shipment (parcel number) until their order has been fully refunded.
In accordance with the legal regulations in force, when the Customer validly exercises his/her right of withdrawal, the Company undertakes to refund all the sums paid, including the cost of outward delivery at the standard rate, within fourteen days of the date on which the Customer informed the Company of his/her intention to withdraw, provided that the Company has recovered the Product(s) or that the Customer has provided proof of dispatch of said Product(s).
The refund will be made by the same means of payment used for the original transaction, unless the Customer expressly agrees to a different method of refund.
It should be noted, however, that the cost of returning goods will not be refunded to a Customer who validly exercises his right of withdrawal, unless the Company is liable for the following reasons:
- an error in the preparation of the order(s) delivered: reversal of Products during the preparation of the order or reversal of orders during their dispatch;
- the delivery of defective Products;
- an incorrect product sheet on the Site.
8.1 : Billing
An invoice is drawn up for each order and made available to the Customer in his personal space. Any complaint concerning the invoices must be brought to the attention of the Company by e-mail within 10 days of their receipt.
The Company provides the Client with a customer relations service:
info@caleidonails.com or orders@caleidonails.com
Otherwise, they are considered accepted without any reservation. The possible incomplete delivery of an order cannot justify the refusal to pay for the Products delivered. Any dispute between the Client and the Company shall in no way be a cause for suspension of the payment of the undisputed part of the invoice.
8.2 : Payments
The Customer guarantees to the Company that he/she has the necessary authorisations to use the method of payment chosen for the payment of his/her order.
The bank cards accepted on the Website are the following: Carte Bleue, Visa, American Express, Maestro and MasterCard.
8.2.1 : Electronic payment
The electronic payment is made after clicking on "CB, VISA, Mastercard or AMEX payment". The transaction is then carried out by the Customer in accordance with banking security standards. Thanks to the technical characteristics of the encryption software used on the Website, the bank details (bank card number and its expiry date) communicated by the Customers cannot be intercepted by a third party. None of this information is stored by the Company, which transmits it directly. By communicating his/her bank details, the Client accepts in advance and unconditionally that the Company may proceed with the secure transaction. The Customer therefore authorises his bank to debit his account on the basis of the records or statements transmitted by the Company, even in the absence of invoices signed by the cardholder. The authorisation to debit the Client's account is always given for the amount of the order as invoiced by the Company.
Online payment is made on a secure bank payment platform and benefits from the CMI secure system. The Customer accesses a secure server operating in CMI mode and certified by a Certification Authority.
The Customer must provide their bank details by filling in the online form.
The bank authorisation issued in relation to the Customer's order enables the Company to prepare the order in its warehouses. The payment for the order will be collected by the Company when the order is complete and ready to be shipped. If the order does not have all the Products available at the time of dispatch, the Customer will be refunded the amount of the unavailable Product(s).
8.2.6 : Payment security
The Company informs the Client that his/her bank card is associated with a delivery address and can only be used for this address. For security reasons, any change to the delivery address initially entered by the Client will automatically result in the deletion of the bank card associated with this address. If the Customer wishes to register a new delivery address, he/she must again indicate his/her entire credit card number.
The Company reminds the Customer that he/she may at any time delete his/her credit card details from his/her CALEIDONAILS account and/or at the time of payment or add new credit cards on the payment page.
The Products ordered in accordance with these GTC shall be delivered to the delivery address indicated by the Customer when placing the order.
The Customer may be delivered in Morocco.
9.1 : Shipping costs
Delivery costs are payable by the Customer and vary according to the delivery method chosen by the Customer.
The applicable delivery costs are those indicated at the time the Customer places the order and recalled in the order confirmation e-mail.
9.2 : Delivery methods
Customers can be delivered to their home. The delivery methods listed below and offered to Customers by the Company are indicated here.
The delivery method is freely chosen by the Customer at the time of placing the order and is recalled in the order confirmation e-mail.
9.3 : Exceptional stock shortages or delivery difficulties
In the event of exceptional stock shortages of one or more Products on an order, the Company may cancel the order or send a partial shipment of the order and refund the unavailable item(s). In the event of partial shipment, the Customer will be informed by a document inserted in the package. In case of total cancellation, an e-mail will be sent to the address provided by the Customer. The sums corresponding to the amount of the order and paid by credit card will not be deducted from the Customer's account.
The Company will also inform the Client by e-mail, within a reasonable period of time, of cases and events of force majeure that may disrupt the delivery process of the Product ordered. For any reason other than force majeure (as defined below), if at the end of the delivery period indicated by the Company, the Product ordered has not been delivered even though the order has left the warehouse and has been handed over to the carrier, the Customer shall instruct the Company to make a new delivery within a reasonable additional period.
If the Company has not complied within a reasonable additional period of time, the sale may be cancelled at the request of the Customer, by registered letter with acknowledgement of receipt to the following address: orders@caleidonails.com. The Contract will be considered terminated upon receipt by the Company of the letter or form filled in by the Client informing it of its decision, if delivery has not taken place between the sending and receipt of this letter. If the delivery date or its delay is an essential condition for the Customer, the latter may immediately terminate the contract, without injunction. This may be the case for a good that has to be delivered by a specific date.
The totality of the sums paid by the Customer will then be refunded to him at the latest within fourteen days following the date on which the Customer exercised his right to obtain the cancellation of his order.
All risk of loss or damage to the Products passes when the Customer or a third party designated by the Customer, other than the carrier offered by the Company, takes physical possession of the Products. Where the Customer entrusts the delivery of the Product to a carrier other than the one proposed by the Company, the risk of loss of or damage to the Product shall pass to the Customer upon delivery of the Product to the carrier. It is the Client's responsibility or, if different, the recipient of the package, upon receipt of the Product, to verify without delay the conformity and integrity of the Products shipped. In general, the reservations or observations made on the delivery note must be complete and precise. In particular, they must define the damage precisely, including the order number.
In the event of a lack of conformity (Product unfit for the use usually expected of a similar Product, which does not correspond to the description given by the Company or which does not possess the qualities announced by the Company or agreed with the Customer) or a hidden defect in the Product (hidden defect in the Product sold which renders it unfit for the use for which it is intended, or which so diminishes this use that the Customer would not have acquired it, or would only have paid a lower price for it, if he had known about it), and in compliance with the conditions set by the law, the Customer may act within two years from the discovery of the defect (Article 1648 of the Civil Code) or from the delivery of the Product (Article L. 217-12 of the Consumer Code).
In the event of a lack of conformity, the Client has the choice between repairing the Product or replacing it. However, if this choice entails a manifestly disproportionate cost for the Company, it may proceed with the method not chosen. If repair and replacement of the Product are impossible, the Customer may return the Product and have the price of the Product returned or keep it and have part of the price returned. The same option is available to the Customer if the repair or replacement cannot be carried out within one month of his complaint or if the repair or replacement causes him a major inconvenience.
In the event of a hidden defect in the item sold, the Customer may return the Product and have the price returned or keep it and have part of the price returned.
In the event of a refund, the amounts paid in cash will be credited to the card used by the Customer to pay for the order.
The Company undertakes to perform its obligations under the Contract properly.
The Company may be exempted from all or part of its liability by proving that the failure to perform or improper performance of the Contract is attributable either to the Client or to the unforeseeable and insurmountable act of a third party to the Contract, or to an event of force majeure.
13.1 : Customer Service – Complaints
The Company provides the Client with a customer relations service accessible during working hours:
- by email : orders@caleidonails.com or info@caleidonails.com
The Customer must clearly describe the detailed reason for his complaint and state his name, first name, address and order reference.
The Company undertakes to provide a response to any request for information from the Client, regardless of the method used: letter, e-mail or telephone call. The Company also undertakes to inform the Client if it does not have an immediate solution to the complaint made. Any response shall mention the identification of the person who handled the complaint or dispute.
The fact that the Company refrains from demanding the execution of any of the provisions of the GTC shall not be interpreted as a waiver of the right to invoke the said total or partial non-execution later.
If any of the provisions of these GTC are declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these GTC shall remain unaffected and applicable.
The Company's GTC may be modified at its discretion at any time. The applicable GTC are nevertheless those that the Customer accepts at the time of placing the order and which are subsequently included in the order confirmation e-mail. The updated version of the Company's GTC is constantly accessible on the Website by the Customer. To do so, simply click on the "Terms and Conditions" link.
CALEIDONAILS is required to process personal data in its capacity as Data Controller. To find out more and to know your rights, consult our Personal Data Management Policy, available on the Site at the following address: https://www.caleidonails.com - section – privacy and policy
The Contract and the GTC are governed by Moroccan law. In the absence of an amicable agreement, any dispute relating to the said GTC or to the Contract, even in the event of an action in warranty or multiple defendants, shall be subject to the jurisdiction of the Moroccan courts with territorial competence, unless otherwise provided for by law, which refers to the imperative jurisdiction of a foreign court.