TOS - TERMS OF SERVICE

The present terms of service (hereafter “TOS”) apply to each legal relationship established between Calliste S.A., having its registered address at 44, Grand-rue, L-9240 Diekirch, registered with the Luxembourg Trade and Companies’ Register under number B94660 (hereafter “Calliste”) and their end costumers through their online shop http://www.calliste.lu (hereafter “Online Shop”).

The Online Shop is exclusively intended for private end customers resident and having a delivery address in the Grand Duchy of Luxembourg or within other member states of the European Union (currently available: Germany, Belgium, Netherlands, France and Austria). Costumers may act exclusively in their capacity as consumers, that is as a natural person acting for purposes which are outside their business, industrial, artisanal or liberal activities. Delivery of goods is only made in quantities commensurate with household use and while stock lasts.

The Calliste trademark may not be associated with a product or a service which does not belong to Calliste in a manner that may cause confusion in the eyes of end customers or in a manner that would degrade or discredit Calliste. All other trademarks and labels which are not property of Calliste but which do appear in the Online Shop are the property of their respective owners.

Conclusion of contract: The display of goods in the Online Shop does not constitute a legally binding offer but represents an invitation to the customer to submit a binding offer of purchase to Calliste. The customer may select individual goods for order by clicking on the button “Add to Basket”. During the ordering process, the customer may place a binding order over the goods added to the basket by way of clicking on the button “Buy Now”. Every order by a customer constitutes a binding offer on conclusion of a purchase agreement over the ordered goods. By placing his order, every customer explicitly accepts that the TOS form an integral part of the purchase agreement. Calliste will confirm the receipt of the order placement in writing (by way of an automatically generated e-mail). The confirmation of receipt does however not yet constitute a binding acceptance of the order by Calliste and merely serves as information to the customer that the order was validly placed. The purchase agreement will only be validly concluded if Calliste sends the ordered goods to the customer or once an explicit confirmation of order was delivered to the customer. Orders are exclusively taken and processed by Calliste. Ordered goods will be delivered within the borders of Luxembourg through POST Luxembourg. In all other countries (Germany, Belgium, Netherlands, France and Austria) goods ordered will be delivered through DPD. Contracting languages are German, French and English only.

Customer account: Before an order is placed, the customer needs to complete all personal data necessary to process the purchase. The customer may choose to complete those data only for one particular transaction (without registration) or to create a customer account (with registration). By creating a customer account, the personal data of the customer will be stored in order to have those readily available for further orders. Customers that own a valid Calliste customer card are registered automatically in our database, do however not avail of a valid Online Shop customer account. In setting up the customer account, every customer is responsible for the true and complete indication of its login data. A customer account may only be accessed by entering a password specifically created by the customer. The customer undertakes to treat his personal login data as confidential and not to disclose them to unauthorized third parties. Before placing his order, the customer has the possibility to check the summarised contractual data for spelling errors and to correct those if needed. Personal login and customer data will be transmitted during the order placement in an encrypted manner by way of SSL, issued by Thawte Server Certification Authority, over the internet. We use technological and organizational means to protect our website and further systems against loss, destruction, access, alteration or circulation of our customer’s data by unauthorized parties. Calliste explicitly commits to keep the personal data of its customers in strict confidence, to use them in line with the law and to not, be it against payment or free of charge, make them available to third parties (unless explicitly provided for in our Declaration of Confidentiality).

Calliste-Bonus: If you have a Calliste customer account, you are entitled to two bonus vouchers per year. You will receive a refund of up to 10% on your purchases in our branches and in the online shop. You can have the bonus voucher (which you will receive via e-mail) offset against your next purchase. The bonus vouchers can be redeemed indefinitely.
In order to receive the Calliste bonus vouchers, we need your personal data, which has already been saved by creating your customer account. If you would like to be informed about the appearance of the bonus vouchers, we also need your e-mail address. In addition to the personal data, the customer data required to calculate your bonus voucher is also saved. This includes the information that is also on your receipt: customer number, payment method, date, item and sales value of your purchases.

Your benefits at a glance:

- 3% rebate up to 300€*
- 5% rebate between 300€ - 1000€*
- 10% rebate over 1000€*
- Free alterations in our tailor shop**
- Exclusive discounts and preliminary information on the latest fashion trends as well as fashion & styling tips
- Invitation to our private shopping events

*Bonus vouchers are calculated based on your Calliste purchases. In the periods 01.12.-31.05. and 01.06.-30.11. made purchases are recorded and remunerated. The purchase of vouchers and reduced goods are excluded.
The smallest bonus voucher value is 5 €. Accordingly, all customers who bought less than €166 during the period covered will not receive a bonus voucher. The amount is carried over to the next period.
**Applies to one change per item. Only for in-store purchases.

Delaration of concent: The customer has explicitly granted the following declaration of consent to Calliste - Subscribe to the newsletter - I do not want to miss the Calliste newsletter. My e-mail address will not be made available to third parties (unless explicitly provided for in our Declaration of Confidentiality). You can unsubscribe from the Calliste newsletter free of charge at any time by clicking on “Abmelden / Se désabonner" at the bottom of the email.

All prices quoted in the Online Shop are gross prices in euros (€) and include the legal value-added charge. Shipping costs are excluded from the quoted prices. The prices and tax rates valid as at the time of conclusion of the contract shall apply.

(a) For deliveries within Luxembourg, the purchase price may at the choice of the customer either be paid by way of credit card (Visa, MasterCard), PayPal or bank transfer.

(b) For deliveries abroad, the purchase price may at the choice of the customer either be paid by way of credit card (Visa, MasterCard), PayPal or bank transfer. Delivery abroad is currently only possible to the following EU member states: Germany, Belgium, France, Netherlands and Austria.

(a)The delivery to Luxembourg is free of charge from an order value of 59,00 €

The delivery to Germany, Belgium, Netherlands, France and Austria is free of charge from an order value of 100,00 €.

(b) For deliveries within Luxembourg as well as to Germany, Belgium, Netherlands, France and Austria apply the following shipping costs:

The above listed shipping costs will not apply in case goods are delivered to islands part of the above indicated countries. Please contact us in case you want to know the shipping costs of such a delivery at [email protected]

Calliste does not accept cash payments or payments by way of bank check as well as any other electronic or non-electronic payment method.

The customer has the right to make use of its right of return, without indication of motives, within 14 (fourteen) days as of the day of receipt of the goods ordered. Return of the goods ordered may be done, at the choice of the customer, either by returning the goods ordered to Calliste by way of postal shipment (24, Op der Haart, L-9999 Wemperhardt), or by physically returning the goods ordered in one of the Calliste sales points.

For hygienic reasons, the right of return applies only to unworn goods and which are in their original packaging. Dirty, damaged or deteriorated goods will be charged to the customer.

In case of return, Calliste commits itself to reimburse to the customer payments already received, including delivery costs, within 14 (fourteen) days as of receipt of the declaration of cancellation at the latest. Calliste will reimburse payments by way of the same payment method that was used by the customer upon its initial order, unless expressly agreed otherwise between the customer and Calliste. A reimbursement shall not cause the customer to bear any additional costs. Calliste reserves the right to defer reimbursement until the goods have been returned to Calliste or until receipt by Calliste of evidence that the customer has sent back the goods, whichever of the two is the earliest.

The customer will need to return the goods at the latest within 14 (fourteen) days as of the day on which he has notified its decision to make use of the right of return. The deadline is met if the customer ships the goods before the 14 (fourteen) day deadline has expired. Even if the law would say otherwise, Calliste pays the costs directly related to the return of the goods*. This will, however, only be the case if the customer has registered the items they want to return for return online and uses the return label we sent by email. Costs for all other methods of return will be borne by the customer.
*One free return per order.

Calliste shall not be held responsible for the good functioning of the data network, the servers or the data lines towards its center of operations, nor the permanent availability, accessibility and functioning of its Online Shop.

The goods visually depicted on the Online Shop and on http://www.calliste.lu are conscientiously photographed and described with greatest care on the basis of existing products. Minor differences between the products depicted and the real product do not constitute a defect in the goods ordered. Calliste shall not be held liable for potential errors in and the comprehensiveness of product descriptions, including information on and care instructions of the product.

Calliste informs its customers that articles L. 212-1 et seq. of the Luxembourg consumer code provide for a legal warranty of conformity.

The present TOS and each legal relationship between the customer and Calliste entered into by way of the Online Shop will be exclusively governed by Luxembourg law. The customer and Calliste agree that disputes arising thereof will be dealt with by the competent courts of Luxembourg City.

Calliste reserves the right to modify the present TOS as well as its policies regarding consumer information at all times, without prior customer notification. The customer is subject to the TOS and the policies regarding consumer information prevailing at the time the Online Shop is being used.

In case of a breach by the customer of the present TOS and in case Calliste abstains from an action against the former, Calliste does remain entitled to exercise all necessary actions each time the customer acts in breach of the present TOS.

Calliste does not sell goods to minors (person below the age of 18). A minor may only use the Online Shop under the supervision of an adult or a legal guardian.

In case a provision of the present TOS or the policies regarding consumer information is or has become void or unenforceable, the validity of the other provisions of the present TOS or the policies regarding consumer information will remain unaffected.

In case of a difference, an incompatibility or a non-conformity amongst the German, French and English versions of the present TOS or the policies regarding consumer information, the German version will prevail.