TERMS & CONDITIONS

1. Forward

These terms and conditions apply to Yvan Caillaud, referred to here below as to Yvan Caillaud Shop, www.yvancaillaud.com/shop. These terms and conditions apply to all documents such as PRICE LIST; QUOTATIONS; ORDER-CONFIRMATION; PRO-FORMA INVOICE; or INVOICE issued for Services; for Products sales; and for Commissions and Royalties.

2. Direct webshop sales

Yvan Caillaud Shop www.yvancaillaud.com/shop is a website administrated by Yvan Caillaud. By using the Yvan Caillaud Shop website, you are agreeing to all of the Terms & Conditions, as may be updated by us from time to time. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any offers without notice. We conduct webshop payment transactions via PayPal. We accept MasterCard, Maestro, Visa, American Express, Switch, Solo and Direct Debit, GiroPay, PayPal. None of your personal payment information is recorded or retained by us. For payment security we use the Paypal website.

3. Non webshop sales, Payment conditions

If not specified otherwise or paid in advance, credit term is 30 days on reception or date of INVOICE. If payment is not received within 30 days, Yvan Caillaud will issue the customer with a reminder accompanied by a flat administrative penalty charge of €50,00. Following this reminder, if the payment has not been carried out within 7 days of reception of the said reminder, a second reminder and a second administrative charge will be reissued along with an interest charge of 10 % of the due amount. If payment is still unresolved within 7 days of this second reminder, Yvan Caillaud will seek legal procedure in order to remedy due payment. In the case of sales, Products shall remain the property of Yvan Caillaud until full payment has been received. In the case of a License Agreement or Contract, any late payment will constitute a serious breach / infringement of the Agreement or Contract and may result in legal procedure. Yvan Caillaud reserves the right to charge for any debt collection or legal fees arising during recovery of an outstanding amount.

4. Artisan variations

The artisan techniques used in some of our products create unique pieces, some of which may feature characteristics of hand-crafted manufacturing (i.e. variations). Every effort is made to ensure colour matches, however Yvan Caillaud cannot guarantee exact colour match for any product finishes, wood or fabric variances. Fabric and colour swatches are for reference only.

5. Portrayal of products

Every effort has been made to portray items as accurately as possible but please note that slight variations may occur. All measurements quoted are as accurate as possible and the reproduction of colours is as accurate as photographic and publishing processes allow. Please note there may be colour variations dependant on the production batch and natural variations.

6. Suitable use

Products are not suitable for outdoor use unless specifically stated. Certain products are not recommended for use in public spaces or other high-intensity environments, unless specifically stated. Durability and mechanical strength of materials, joints and fixings may be compromised at client’s own risk if the product is placed within an unsuitable environment or misused.

7. Availability

All items are subject to availability. We will inform you as soon as possible if goods you have ordered are not available.

8. Cancellation

Cancellation of orders can only be accepted in writing. Cancellations will be accepted within 7 working days of receipt of the order. After this date, any cancellations may incur a cancellation fee or the withholding of any deposits. In case of cancellations of Client-specified / Made-to-order or volume orders, any deposits will not be refunded. Yvan Caillaud reserves the right to cancel the order a) in the event that the customer delays payment; b) if one or more of these general Terms & Conditions have been breached by Client; c) if the buyer has been subjected to any insolvency procedure.

9. Delivery

Orders placed through Yvan Caillaud Shop are processed once a week and we aim to dispatch orders within 5 working days. Once dispatched you should receive your items within 1-3 days for Belgium and 7-10 days for worldwide. On some occasions it may take longer and we apologise for any inconvenience caused. Each of our deliveries have a unique tracking code that we can use to trace parcels. Orders placed through Yvan Caillaud are shipped on requested or agreed date. Delivery, costs and risks are on the account of the customer unless specified otherwise. Shipping costs are not included in the price of the product unless otherwise specified and will be charged separately on each order according to the delivery address. The delivery dates quoted in the order are approximations only, and subject to variation and change without prior notice and agreement with the customer. Whilst Yvan Caillaud will do its utmost to meet delivery dates, it shall not be under any liability whatsoever for delay in estimated delivery times or failure to deliver for any cause, or from any loss or damages that arise.

10. Faulty goods / Damage

Defects or damage that can be ascertained by careful examination of the goods must be notified in writing, by email, to Yvan Caillaud by the customer within 7 working days of receipt of the goods. Customer should describe the problem and send images showing the said defect or damage. Yvan Caillaud will not be liable for any damages in the event that the customer has not complied with directions provided concerning the assembly of a product or for any damages arising from misuse or lack of maintenance and care of the delivered items. Yvan Caillaud will not accept or pay for any invoice sent by third parties for repair of defective products.

11. Returns

Any returns by the customer must be agreed in advance with Yvan Caillaud. If you would like to return an item, please read the below information. We hope that you will be delighted with your order, however if you are unsatisfied with a product for a particular reason, please contact us at info@yvancaillaud.com and let us know why you would like to return the item. If your return has been approved by us, please post the items back to us at: Yvan Caillaud, 52, Rue de l’Aurore, 1000 Bruxelles, Belgium. Please do not send the item back until you have contacted us first. No refunds or exchanges will be made for items returned without prior communication and agreement. If your return is approved, items must be returned in perfect and saleable condition together with the original packaging within 14 days of receipt, and we will offer you an exchange, refund or credit depending on the nature of the return. You will be responsible for returning the goods to us, we strongly advise you to package the items very carefully and use insured delivery with a proof of postage certificate. We cannot accept liability for goods lost or damaged in transport. Returns and exchanges will be processed as soon as possible after arrival. Items are returned at your expense, this does not affect your statutory rights. Postage costs incurred with your order are direct costs and cannot be refunded except in the case of cancellations prior to dispatch. We are not responsible for interest charges made by your credit card company whilst waiting for returns to be refunded to your card.

12. Copyright

All the designs shown by Yvan Caillaud are protected under copyright law. Any infringements will be prosecuted.

13. Modifications

Yvan Caillaud reserves the right to carry out modifications to its price list and terms of supply without prior notice and with immediate effect.

14. Disclaimer

Following the customer’s purchase order by email, phone or mail, only receipt of an Yvan Caillaud document such as ORDER CONFIRMATION or PRO-FORMA INVOIOCE or INVOICE constitutes a contract to supply. Any discrepancies must be notified within 3 working days of the receipt of such document. Any typographical, clerical or other accidental errors or omissions on documentation or information issued by Yvan Caillaud shall be subject to correction without liability on the part of Yvan Caillaud. In cases where invoices or requests for payment remain unpaid beyond their due date, Yvan Caillaud reserves the right to release any stock reserved for the order and takes no responsibility for any resulting increase in lead times.

15. Liability Disclaimer

Yvan Caillaud Shop total liability for any claim howsoever shall not exceed the price of the goods supplied Yvan Caillaud Shop to the customer. Yvan Caillaud Shop shall not be liable for any consequential loss whether this arises from a breach of duty in contract or in any other way, save where such liability is imposed upon Yvan Caillaud Shop by statute. Yvan Caillaud Shop cannot accept any liability for a failure to comply with instructions specifically stated on the Website. By law, you also have the right to withdraw from the purchase of an item within seven working days of the day after the date the item is delivered. Goods are provided to you on approval and legal title to the goods will not pass to you until 14 days after delivery. Your statutory rights are not affected by this statement. When you place an order to purchase a product from Yvan Caillaud Shop your order represents an offer to us to purchase a product which is accepted by us by way of an email order confirmation and dispatch note included when you receive your order. Any products on the same order which we have not confirmed as accepted in such dispatch note do not form part of the contract. Yvan Caillaud Shop endeavors to check the accuracy of the information on this site. However, Yvan Caillaud Shop does not warrant that such information will be error free and the user acknowledges that information, products and services published on this website may include inaccuracies and typological errors. If the goods do not on receipt by you substantially meet the description on this website you are entitled to reject the goods and return them to us. Every effort is made to ensure that this website is free from viruses and defects however, this cannot be guaranteed. Yvan Caillaud Shop shall not be liable to any person for loss or damage which may arise to computer equipment as a result of using this website.

16. Applicable law

The agreements regulated by these terms and conditions shall be governed by the laws of the Belgium. The competent court of Brussels shall have exclusive jurisdiction in respect of disputes arising out of or relating to transactions to which these conditions are meant to apply.