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SAS CALEBASSE
Laboratoire Calebasse
15, rue de la Vistule
75013 Paris
Tel: 01 45 85 88 00
Website: www.calebasse.com
E-mail: contact@calebasse.fr
Simplified joint-stock company with a share capital of 10,000 euros
RCS No. 415 228 311 at the Paris (75) Trade and Companies Register
The company SAS CALEBASSE offers food supplements for sale.
Intra-Community VAT Number: FR81415228311.
These General Terms and Conditions of Sale (hereinafter "GTC") apply to all online sales of products (hereinafter "Products") marketed by Calebasse, a SAS with a capital of €10,000, registered with the RCS under number 415 228 311, whose registered office is located at 15 rue de la Vistule 75013 Paris, through the website https://calebasse.com/ (hereinafter the "Site"), carried out by any natural person with full legal capacity acting in a personal capacity as a consumer within the meaning of the French Consumer Code (hereinafter the "Buyer"). Prior to placing an order, the Buyer acknowledges that the purchase of Products on the Site has no direct link with any professional activity and is strictly limited to personal use.
These general terms and conditions of sale and use (the "GTCU") aim to define the contractual terms for the provision of Services by Calebasse and their use by the Customer. They are only applicable to orders placed on the Site or in the Calebasse boutique intended to be delivered exclusively within metropolitan France. Calebasse reserves the right to modify these GTCU at any time, but the Services will be subject to the GTCU applicable on the date of their use.
The Customer declares to have read the entirety of these GTCU and accepts their terms without any reservation.
« Buyer or Customer » means any natural or legal person who has subscribed to one of the Services, it being specified that the term "Customer" shall also include all users of the Service authorized or mandated by the Customer.
« Order » means a request for a Finished Product addressed by the Customer to Calebasse as part of the Offer.
« Account » means the dedicated online space reserved for the Customer to consult their personal information.
« Content » means information such as images and/or sound and/or text and/or logic programs stored on the Media or on the Finished Products.
« Contract » means these GTCU, registration forms, and tariff sheets having contractual value between Calebasse and the Customer.
« Parties » refers collectively to the Customer and Calebasse.
« Calebasse Boutique » means the "Calebasse verte" boutique located at 15 rue de la Vistule 75013 Paris where the Services are marketed.
« Site » means the website operated by Calebasse, which is www.calebasse.com.
The products offered for sale by Calebasse are those displayed on the Site on the day the Buyer consults the Site, subject to stock availability.
Calebasse reserves the right to modify the list and ranges of Products available for sale on the Site at any time.
In accordance with Article L. 111-1 of the French Consumer Code, the Buyer may, prior to ordering, review the essential characteristics of the Product(s) they wish to order on the Site, such as the product description, its selling price, and the corresponding delivery costs and methods.
For any information or advice regarding the Products, the Buyer is invited to contact Customer Service via the Contact Form, selecting the subject "I need information" and entering their request.
Any promotional offers made by Calebasse remain valid as long as they appear as such on the Site, subject to stock availability. In any event, and in the case of a total or partial unavailability of Products after the order has been placed, the Buyer will be informed by Customer Service as soon as possible of the Product's unavailability. Their order will be cancelled, and they will be offered to place a new order for the remaining products, potentially with the assistance of Customer Service.
The products governed by these GTC are those listed on the website www.calebasse.com or any other advertising document owned by Calebasse. The products we offer are described and presented with the greatest possible accuracy. Despite all our precautions, inaccuracies, errors, or omissions may occur. However, Calebasse cannot be held responsible for such inaccuracies, errors, or omissions regarding the available information. The indicated dosages are for informational purposes only and may vary from one identical product harvest to another.
Photographs of the products are non-contractual.
Products are offered subject to stock availability. Calebasse's products depend on raw material harvests, climatic and weather conditions, and harvest deliveries, meaning that the seller cannot permanently guarantee a sufficient supply of the items offered for sale. If, by extraordinary circumstance, an ordered item is unavailable or out of stock when the order is registered, the seller undertakes to do everything possible to satisfy its customer.
The selling prices of the Products online on the Site are stated in Euros and are the prices in effect at the time the Buyer places the order, less any discounts, rebates, and reductions applicable to the order. Prices include the value-added tax (VAT) applicable on the day of the order and are therefore inclusive of all taxes (TTC). Any change in the applicable VAT rate will automatically be reflected in the price of the Products sold by Calebasse on the Site.
The prices indicated on the Site do not include shipping costs, which are invoiced additionally. Shipping costs are indicated before the order is confirmed by the Buyer.
Selling prices of the Products and transport costs may be modified by Calebasse at any time. If applicable, these modifications will apply to any order confirmed by the Buyer.
Any order implies the express and unreserved acceptance of these GTC and the Terms of Use. It is specified that the Buyer can check the contents of their cart and make changes before validating their order.
Any Buyer wishing to place an order on the Site must follow the steps below:
After validating the order, Calebasse will acknowledge receipt by sending the Buyer an order confirmation email, containing a summary of the order as well as the order number, upon receipt of payment. An invoice is systematically sent to the Buyer. The distance selling contract is formed upon receipt of the order confirmation email sent by Calebasse. In any case, the sale is only concluded upon receipt of full payment of the price by Calebasse.
Calebasse reserves the right not to validate, to suspend execution of, or to cancel an order for legitimate reasons, including but not limited to:
In this context, Calebasse reserves the right to ask the Buyer for any additional information it deems necessary.
For any order cancellation or modification requested by the Buyer, the Buyer is invited to contact Customer Service using the Contact Form as soon as possible, in order to study the technical feasibility of the operation. The Buyer is informed that no cancellation or modification of an order will be technically possible if the preparation of their order by Calebasse has been initiated, finalized, or if the order has already been shipped. If applicable, the Buyer must exercise their right of withdrawal in accordance with the terms of Article 8.3 of these GTC.
Payment for the order is made by credit card (Carte Bleue, Visa, and MasterCard) or any other method indicated during the payment step. These payment cards must be issued by a banking or financial institution located in the European Union or Monaco. The Buyer guarantees that they are fully authorized to use the payment card and that they have the necessary permissions to proceed with the payment of their order by credit card.
In case of purchase by credit card, the Buyer's bank account is debited at the time of order confirmation.
Calebasse reserves the right to suspend or cancel any order and/or delivery in the event of total or partial non-payment by the Buyer, payment incident, fraud, or attempted fraud, without the Buyer being entitled to claim any compensation whatsoever.
As part of the fight against internet fraud, Calebasse reserves the right to request from the Buyer any information relating to their identity, such as a photocopy of their identity card and/or any other additional information necessary to verify the non-fraudulent nature of the transaction. The personal data provided by the Buyer in this context will be processed in accordance with the Personal Data Protection Charter.
Furthermore, information relating to the Buyer's order may be transmitted to any third party authorized by law or designated by Calebasse for the sole purpose of verifying the Buyer's identity, the validity of the order, and the payment method used.
Online payments on the Site are processed via a payment service provider. After validation of the payment and confirmation of the order, the Buyer will receive a payment confirmation email from the provider, as well as the order confirmation. An invoice will systematically be sent to them.
Online payments on the Site are carried out via the secure platform of the payment service provider, supplemented by specific control measures for each payment method, in order to guarantee the security of purchases made on the Site and to fight fraud.
Bank details communicated during any order are encrypted using the Secure Socket Layer (SSL) protocol. To ensure the security of credit card payments on the Site, the Buyer will be required to transmit the card verification value (CVV) on the back of the credit card used to Calebasse's payment service provider.
For each transaction, it is specified that the payment is verified by the 3D-SECURE system. This system is a secure internet payment protocol designed to ensure that the credit card is being used by its rightful owner.
Calebasse retains full ownership of the products sold until full payment of the entire price, including principal, costs, taxes, and mandatory contributions, has been received. Failure to pay may result in a claim for the Products.
The transfer of risks of loss or damage passes to the Buyer upon delivery or handover of the Products.
Products ordered by the Buyer will be delivered to the address indicated by the Buyer as the delivery address when placing the order. It is specified that for technical and logistical reasons, deliveries from the site are only possible to metropolitan France, Germany, Belgium, Luxembourg, and Portugal.
The Buyer is solely responsible for the delivery data (address, identity, contact details, etc.) provided when placing the order. In the event of incorrect or missing information, neither Calebasse nor the carrier can be held responsible for the delivery failure.
The Buyer can choose from the following delivery methods:
The package containing the ordered and paid products is placed in the mailbox at the delivery address provided by the Buyer when placing the order.
In the event that the package cannot fit in the mailbox, the Buyer or the recipient of the order will receive an email allowing them to collect the package at the location indicated in the email. If the package is not collected within this period, it will be returned to Calebasse. In this case, the Buyer will be refunded the amount of the order, minus delivery costs, using the same payment method as for the purchase, unless the Buyer expressly agrees to another method of reimbursement.
The package containing the ordered and paid products is delivered by Chronopost against the signature of an acknowledgment of receipt by the Buyer or the recipient of the order.
The day before delivery, Chronopost informs the Buyer by email that a delivery is scheduled for them. In case of unavailability, the Buyer has the option to reschedule the delivery to a later date or to change the delivery location (safe place, neighbor, pickup point), within the timeframes specified by the carrier. On the day of delivery, the Buyer receives a notification indicating the delivery time slot and offering again to reschedule or change the delivery location. If the package is left at a local pickup point, the Buyer or the recipient of the order has the timeframe indicated by Chronopost to collect their package. After this period, the package will be returned to Calebasse.
The delivery of the order will be considered completed into the hands of the Buyer or the designated recipient on the transport document as soon as the latter signs the transport document, or upon communication of the secret code provided by the carrier, if applicable.
The acknowledgment of receipt signed upon receipt of the package by the Buyer or the recipient constitutes proof of delivery and receipt of the ordered products by the Buyer. No dispute relating to the delivery itself is possible if the package appears as delivered, the carrier's computer tracking system (scanning) being authoritative.
The package containing the ordered and paid products is delivered to the pickup point selected by the Buyer when placing their order. The Buyer has the timeframe specified in the email informing them that their package is available at the indicated pickup point to collect it. Collection is only possible upon presentation of an identity document and the signature of the Buyer or the recipient of the order. After the collection period specified by the carrier, the package is returned to Calebasse.
The signature appended by the Buyer or the recipient of the order constitutes proof of receipt of the ordered products. No dispute relating to the delivery itself is possible, as the package can only be collected upon presentation of proof of identity.
The delivery of the order will be considered completed into the hands of the Buyer or the designated recipient on the transport document as soon as the latter signs the transport document, or upon communication of the secret code provided by the carrier, if applicable.
The package containing the ordered and paid products is dropped off at the "Calebasse Verte" boutique located at 15 rue de la Vistule 75013 Paris. The order is made available for collection 24 hours after order confirmation on weekdays, and on the next business day for orders placed over the weekend.
The Buyer is informed that the delivery times indicated above are announced subject to Product availability and are indicative. It is specified that delivery times include a preparation time of 0 to 3 calendar days, depending on the day and time the order was placed.
Delivery times therefore begin to run from the confirmation of the order shipment, which will be notified to the Buyer by email.
Calebasse undertakes to make every effort to meet the indicated delivery times. In the event of elements external to Calebasse's control, such as acts of God or force majeure, bad weather, periods of high traffic on the Site, delivery times may be extended. If the delivery delay is caused by the aforementioned cases, Calebasse undertakes to inform the Buyer as soon as possible.
In case of a delivery delay of more than 7 business days, the Buyer must quickly inform Customer Service, which will forward the information to the concerned carrier to open an investigation, which may last up to 30 business days from its opening. If the package is found during the investigation, it will be rerouted to the Buyer's home. If the package is not found at the end of the investigation period, the carrier will consider the package lost. In this case, Calebasse will contact the Buyer to offer (i) either a refund of their order, or (ii) the reshipment of an identical order to the initial one. If one or more lost Products are unavailable, Calebasse will refund the entire order to the Buyer and offer to reship a new order with the available Products, subject to the corresponding payment.
Upon receipt of the order, the Buyer or the recipient of the order is required to check the condition of the package as well as the conformity of the Products with the order (Product reference, quantity).
In case of home delivery against signature by a courier or at a pickup point, the Buyer is required to immediately report any reservations they intend to make regarding the condition of the Product or to refuse receipt. The Buyer must contact Customer Service within a maximum period of 48 business hours from receipt to notify Customer Service of their reservations, as well as supporting evidence of the non-compliant delivery (photographs), so that a claim can be made by Calebasse to the carrier concerned.
In case of delivery to a mailbox, any anomaly concerning the delivery (repackaged package, damaged package, broken Products, damage...) must imperatively be notified by contacting the carrier concerned directly.
The Buyer must contact Customer Service within a maximum period of 48 business hours from receipt to notify their reservations, as well as supporting evidence of the non-compliant delivery (photographs, proof of filing reservations with the carrier), so that a claim can be made by Calebasse to the carrier concerned.
To contact Customer Service, the Buyer must fill out the Contact Form by selecting the subject "I have a complaint" as well as the appropriate sub-subject.
Customer Service will process the Buyer's request as quickly as possible. In this context, it may request any additional information and/or proceed with any verification necessary to process the request.
The buyer can contact Calebasse's customer service for any questions or information, either by email at contact@calebasse.fr, by phone at 01 45 85 88 00, or by mail at Laboratoire Calebasse, 15 rue de la Vistule 75013 Paris.
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Buyer has a period of 14 (fourteen) clear days from receipt of their order to exercise their right of withdrawal, without having to justify their decision.
In accordance with the provisions of Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for orders relating to the supply of goods that have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection.
Thus, the right of withdrawal cannot apply to damaged or perishable products and to products that have been opened, partially or fully consumed, annotated, labeled, or are not in perfect condition for resale. The right of withdrawal is valid only for deliveries in France and Europe.
In accordance with the provisions of Article L 221-18 of the French Consumer Code, the customer has a period of fourteen (14) clear days to exercise a right of withdrawal starting from the day after receipt of the products. Consequently, the customer can decide to return any product for exchange or refund. If this period expires on a Saturday, Sunday, public holiday, or non-business day, it is extended until the next working day. No reason needs to be provided by the customer.
No penalty shall be charged to the withdrawing customer. To exercise their right of withdrawal, the customer can write to Customer Service via the contact form.
The exercise of the right of withdrawal entails the reimbursement of the sums paid by the customer when placing the order, excluding shipping costs, at the latest within 28 days from the date on which this right was exercised. Calebasse reserves the right to defer the refund until receipt of the products.
Subject to compliance with the above conditions regarding timeframes, condition of the products, and product return methods, the Buyer will obtain a refund of the purchase price of the returned product(s). Return costs are borne by the Buyer.
The refund will occur within a maximum period of 14 business days from the date on which the Buyer exercised their withdrawal request. However, Calebasse will defer the refund period until the day the returned Products are recovered at Calebasse's logistics center.
Beyond the exercise of the right of withdrawal referred to in Article 8 of these GTC, the Buyer may return the Products if they do not comply with the order or if they prove to be defective or damaged. In these cases, the Buyer is invited to follow the process below.
In case of home delivery against signature by a courier or at a pickup point, the Buyer is required to check the condition of the package(s) received and report any non-conformity on the delivery note within the periods below or refuse it.
In case of delivery to a mailbox, any anomaly concerning the delivery (repackaged package, damaged package, broken products, damage, etc.) must imperatively be notified by contacting the carrier concerned directly.
The Buyer must submit any claim of delivery error and/or non-conformity of the Products in nature or quality compared to the indications on the order form to Calebasse within a maximum period of 48 business hours following delivery. Any claim not made in accordance with the rules defined in this article and within the time limits allowed cannot be taken into account and will exempt Calebasse from any liability towards the Buyer.
To return one or more Products under this article, the Buyer or, if applicable, the recipient of the order, must contact Customer Service via the online contact form.
It is specified that in the context of a Product return, Customer Service reserves the right to ask the Buyer for any information and supporting documents to process their request. In particular, in the case of a defective or damaged product, the Buyer must provide photographs of the Product in question.
The Buyer is required to retain all proof of package drop-off at a Post Office. In the event that they are unable to present this proof, any risk related to the return of a Product is borne by the Buyer. Any product returned to Calebasse must be returned in its entirety and in its original packaging.
After examining the return request and verifying the supporting documents, Calebasse will refund the sums paid by the Buyer without charge, within a period of 30 business days after receiving the package containing the returned Products in its warehouses.
Regardless of any commercial warranty that may be granted to the Buyer, Calebasse, in its capacity as a seller, is liable for lack of conformity of the Product sold in accordance with Articles L. 217-3 to L. 217-4 of the French Consumer Code, partly reproduced below.
Regarding the legal warranty of conformity, it is recalled that the French Consumer Code provides as follows:
Article L. 217-4 of the Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for lack of conformity resulting from the packaging, assembly instructions, or installation when this was made their responsibility by the contract or carried out under their responsibility."
Article L. 211-5 of the Consumer Code: "To comply with the contract, the goods must:
1) Be fit for the purpose usually expected of similar goods and, where applicable: correspond to the description given by the seller and possess the qualities that the seller presented to the buyer as a sample or model; present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer, or by their representative, particularly in advertising or labeling;
2) Or present the characteristics defined by mutual agreement between the parties or be fit for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L. 211-12 of the Consumer Code: "Action resulting from lack of conformity is time-barred after two years from the delivery of the goods."
The Buyer may invoke the legal warranty of conformity within a period of 2 years from the delivery of the product, without having to provide proof that the defect existed before delivery. The Buyer may benefit from the following solutions depending on what is possible and subject to the cost conditions provided for by Article L. 217-9 of the French Consumer Code:
If these two solutions are impossible to implement within 30 days following the Buyer's request under the conditions provided for in Articles L. 217-9 and L. 217-10 of the French Consumer Code, Calebasse will proceed with a full refund (purchase price and any delivery costs), against return of the product. The costs of returning the product, the costs of repair, or the possible delivery of another product will be borne by Calebasse.
Regarding the warranty against hidden defects, it is recalled that the Civil Code provides as follows:
Article 1641 of the Civil Code: "The seller is bound by the warranty on account of hidden defects in the item sold which render it unfit for the use for which it is intended, or which so impair this use that the buyer would not have acquired it, or would only have given a lesser price, if they had known about them."
Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be introduced, under penalty of foreclosure, within the year following the date on which the seller can be discharged from apparent vices or lack of conformity."
The Buyer may decide to implement the warranty against hidden defects of the item sold within a period of 2 years from the discovery of the defect and within the limits of 5 years from the delivery of the product. It is up to the Buyer to prove that the defect existed before the delivery of the product and was non-apparent at the time of delivery. If the existence of a hidden defect is proven, Calebasse, according to the Buyer's choice, undertakes, after evaluation of the defect:
If the Buyer wishes to implement the aforementioned legal warranties, the Buyer must contact Customer Service via the Contact Form.
The Buyer must return the unused Products concerned in their original packaging to the address indicated on the return label sent by Calebasse.
The occurrence of a case of force majeure, as defined by French law and jurisprudence, will suspend, in whole or in part, the obligations of Calebasse and the Buyer. The party affected by the force majeure event undertakes to inform the other as soon as possible of its occurrence and its predictable end.
By way of example, Calebasse cannot be held responsible for delays in the delivery of Products resulting from strikes, postal delays, or any other event beyond its control that meets the definition of force majeure.
Calebasse undertakes to respect the confidential nature of personal data communicated by Customers and to process it in accordance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data.
It is understood that when placing an Order, the requested information is necessary for processing the Order and delivering the Product. Calebasse is responsible for the processing carried out.
For more information and/or to exercise their rights, Customers are invited to consult the Privacy Policy accessible on the website.
Calebasse brand Products, as well as all brands, illustrations, images, logos, and all content appearing on the Site (including but not limited to the Terms of Use and these GTC) are and will remain the exclusive property of Calebasse.
Any total or partial reproduction, modification, or use of these brands, illustrations, images, and logos, or any other content of the Site for any reason and on any medium whatsoever, without express, written, and prior agreement from Calebasse is strictly prohibited. The same applies to all copyrights, designs, and patents appearing and/or used on the Site.
These GTC are drafted in the French language. In any event, only the French version shall prevail in the event of disputes.
Calebasse reserves the right to modify and update these GTC at any time without prior notice. The provisions of these GTC will continue to apply to orders and sales that occurred before their modification. The modified GTC will apply to any order occurring from the effective date of the modified GTC.
In order to be informed of these potential modifications, Calebasse invites Buyers to re-read the GTC when placing an order on the Site. Each order implies acceptance of the GTC, it being specified that the order will be subject to the GTC in effect at the time of the order.
The invalidity or unenforceability of any clause of these GTC shall not affect the validity of the other provisions, which shall retain their full force and scope.
In accordance with the provisions of Articles L. 612-1 et seq. of the French Consumer Code, the Buyer has the option to resort free of charge to a consumer mediator for the amicable resolution of the dispute between them and Calebasse. Prior to referral to the consumer mediator, the Buyer must contact Customer Service for any dispute with Calebasse using the Contact Form.
In the absence of a response or an amicable agreement following exchanges with Calebasse within a period of forty-five (45) calendar days, the Buyer may refer the matter to the Paris Mediation and Arbitration Center ("CMAP"), subject to Article L. 612-2 of the French Consumer Code.
The Buyer must contact the CMAP in one of the following ways:
In any case, the Buyer is required to respect the rules of the consumer mediation process available on the CMAP website.
To obtain more information on alternative dispute resolution and the online dispute resolution platform, the Buyer can also consult the website: https://ec.europa.eu/consumers/odr.
These GTC are exclusively governed by French law.
In the absence of an amicable agreement or in the event of failure of the mediation referred to in the preceding article, any dispute relating to these GTC, even in the event of multiple defendants, will be submitted to the exclusive jurisdiction of the competent French courts in application of the code of civil procedure.
Date of last update: 23/06/2023