General Terms and Conditions of Sale and Use
The present General Conditions of Use (hereinafter the " General Conditions ") apply to the website https://castafiore.fr.
This website (hereinafter the " Platform ") is published by Société Castafiore (hereinafter " Castafiore"), a simplified joint-stock company with its registered office at 15 bis Boulevard Jules Sandeau 75016 Paris, registered with the Paris Trade and Companies Registry under number 902 874 866.
The User acknowledges that he/she has read, understood and unreservedly accepted all of the present General Conditions which govern the relationship between the Platform and the Buyers.
The Platform reserves the right, at its discretion and at any time, to change, modify, supplement or delete parts of these General Conditions. It is the User's responsibility to consult these General Conditions regularly to take note of any changes.
Article 1. Definitions
Buyer: User aged 18 years or legal representative of a legal entity, who purchases one or more Items.
Item : jewellery, watches or any item of jewellery offered for sale by the Platform itself or through its intermediary.
Order: Item(s) paid for by a Buyer on the Platform.
Platform: Internet site accessible at the URL address https://castafiore.fr
Price: the price in euros offered for the purchase of an Item on the Platform, excluding delivery costs.
Transaction: purchase of an Item on the Platform.
User: a person who browses the Platform and who may have an account allowing him/her to purchase Items.
Seller: the owner of the Items offered for sale on the Platform.
Article 2. The Platform
2.1. Object
The Platform brings together Sellers and Buyers for the purchase and sale of used jewellery, watches and jewellery items (hereinafter the " Items ").
In some cases, the Platform is itself the owner of the Items it offers and therefore acts as a Seller.
Any person (hereinafter " User ") may access, consult or use all or part of the Platform.
The present General Conditions define the relationship between the Platform and the Users, and in particular the rules applicable to:
- The registration on the Platform and its use.
- The role of the Platform as an intermediary and Seller.
- The transactions involving Items offered for sale on the Platform.
2.2. Use of the Platform
The Platform is accessible free of charge to any User at https://castafiore. The User must have access to the Internet.
To be able to purchase Items on the Platform, the User must be :
- a natural person, over 18 years of age and, more generally, with the capacity to contract;
- a legal entity, whose authorized representative must mention valid information concerning his/her identity (surname / name), its company name, its SIRET or identification number, its registered office number, its telephone number and its e-mail address.
2.3 Registration
When registering on the Platform, the User must provide an email address and a password, which allows the Platform to identify the User each time the User accesses the Platform.
The User shall fill in the fields of the Platform's registration form and shall indicate his/her title, surname, name, date of birth, e-mail address, telephone number, postal address and may, if he/she wishes, communicate his/her finger size and wrist size. The User must provide complete and accurate information and must update, if necessary, any changes concerning these information if necessary.
It is the User's responsibility to take all necessary steps to protect his/her login and password.
The Platform processes the User's personal data in accordance with its Privacy Policy.
Article 3. Items
The Items offered for sale on the Platform may, depending on the case, be the property of Castafiore or of the Sellers for whom the Platform acts as an intermediary.
The photographs of the Items are not contractual. They may differ slightly from reality due to the settings of the User's screen and the lighting used during the shooting.
However, the Platform undertakes to ensure that the photographs of the Items are as true to life as possible.
Article 4. Orders
The Orders can be placed on the Platform accessible via the address https://castafiore.
Before confirming his/her purchase, the Buyer may check the details of his/her Order and its total price. The Buyer shall have the opportunity to correct any errors before confirming his/her Order to express his/her final acceptance.
The Buyer shall receive an electronic acknowledgement of receipt of his Order as soon as possible.
The Platform shall not be held responsible for the non-performance of the contract concluded in the event of a stock shortage or unavailability of the Item.
Article 5. Payment
5.1. Price
The sale prices of the Items are indicated in euros, all taxes included, but do not include the delivery costs which will be indicated to the Buyer during the purchase process, before the final validation of his/her Order.
If the Buyer resides in a country outside the European Union, customs duties may apply. These customs duties are the sole responsibility of the Buyer and must be paid upon receipt of the Order.
The Buyer undertakes to check the possibilities of importing the Items ordered with regard to the territory of the country of delivery.
5.2. Terms of payment
The Buyer may pay the Price of his/her Order by Credit Card, Paypal, Wire transfer or any other payment platform via a mobile application.
When paying for the Order, the User's bank details may be collected and processed by the Platform for the purpose of executing the Transaction.
5.3. Finalisation of the Order
In the event that a User buys an Item belonging to a third-party Seller, the payment is retained by the Platform. The Platform transfers the price of the Transaction to the Seller at the end of the Buyer's withdrawal period.
Article 6. Delivery
Orders will be delivered to the address indicated by the Buyer at the time of the Order.
The Item will be shipped upon receipt of the Order and at the latest within 15 days of receipt of payment by the Platform.
The Buyer can choose between several delivery methods:
- Home delivery by courier, only for orders delivered within Paris; click & collect (Paris).
- Home delivery by Colissimo and DHL.
Items can be delivered worldwide.
Shipping costs depend on the delivery method and the delivery location of the Order. These costs are to be borne by the Buyer.
Article 7. Making an offer
Some Items may have a "Make an offer" feature.
The "Make an Offer" feature allows Buyers to confidentially negotiate the Price of the Item by sending a price offer to the Seller via the Platform.
The Seller may accept this offer, refuse it, or make a counter-offer to the Buyer.
The price offered in a bid may not be less than 70% of the Item Price, nor may it exceed the Item Price.
Article 8. Right of withdrawal and return of Items
The Buyer may exercise his/her right of withdrawal in accordance with Article L.221-18 of the French Consumer Code.
In accordance with this provision, the Buyer can withdraw from the Order 14 days after receiving it.
The Buyer may exercise his/her right of withdrawal by e-mail(contact@castafiore.fr) or by mail to the following address: CASTAFIORE, Service E-commerce, 15bis boulevard Jules Sandeau 75116 Paris.
The Buyer must take care to specify the number of his/her Order and the Items he/she wishes to return.
The Items concerned must be returned by the Buyer within 14 days of the communication of his/her decision to withdraw.
The Items must be returned in their original packaging and condition and complete (accessories, cases, boxes, certificate of authenticity, instructions, etc.).
The cost of returning the goods shall be borne by Castafiore.
Any customs duties shall be borne by the Buyer.
It will be up to the Buyer to provide proof of this return, which implies that the Items must be returned by registered mail, or by any other means giving a certain date.
The refund of the returned Items will be made using the same payment method as the one used by the Buyer for the initial Transaction, within 14 days from the date on which the Platform is informed of the Buyer's choice to withdraw.
Items returned incomplete, spoiled or damaged by the Buyer will not be refunded. The photographs of the Item on the Platform may be used as a reference in the event of a dispute.
Article 9. Guarantee
When acting as an intermediary, the Platform shall not be held responsible for the guarantees imposed on the Sellers of the Items.
In the event that the Buyer knows that the Platform is the owner of the ordered Item, he/she must inform it of his/her wish to exercise the legal guarantees within the time limits prescribed by law.
In the event that the Platform has acted as an intermediary and the Buyer knows the identity of the Seller of the Item, the Buyer must contact the Seller directly to inform him/her on his/her intend to exercise the legal guarantees within the time limits prescribed by law.
In the event that the Buyer does not know the identity of the Seller, the Buyer must inform the Platform of his/her wish to exercise the legal guarantees within the time limits prescribed by law. The Platform will then inform the Buyer of the identity of the Seller of the Item in order to allow the Buyer to formulate his/her request.
Article 10. Intellectual property
10.1. Content of the Platform
Any use, reproduction, copying or distribution of one or more elements of the Platform for any purpose other than private is prohibited.
All of the Platform's content and services, including but not limited to the domain name, texts, graphic chart, graphics, photographs, drawings, sounds, images, audio and video, but also the tree structure, the navigation plan, the design and organisation of its sections, their existing or future titles, are protected by intellectual and/or industrial property rights, held or claimed by the Platform with the authorization of the owners of these rights, and where applicable, its partners.
The Platform grants all Users, on a non-exclusive, personal and non-transferable basis, the right to use the Platform for their own needs only. This right is granted for the duration of the use of the Platform. This grant of rights does not entail the transfer of any intellectual property rights to the User.
Consequently, all Users are prohibited from reproducing in any form whatsoever, directly or indirectly, the elements referred to in the previous paragraphs, as well as from altering the trademarks, patents, names, acronyms, logos, colours, graphics or other signs appearing on the elements made available by the Platform and, more generally, from using or exploiting these elements.
10.2. Databases
The Platform is the producer and owner of all or part of the databases, their structure and content, which make up the Platform, subject to the rights held by the Sellers and/or its partners.
By accessing the Platform, the User acknowledges that the data contained therein is legally protected, and that he/she is prohibited from extracting, reusing, storing, reproducing, representing or preserving, directly or indirectly, by any mean and in any form whatsoever, all or part, qualitatively or quantitatively substantial, of the content of the databases appearing on the Platform to which he/she has access, as well as the repeated and systematic extraction or reuse of qualitatively and quantitatively insubstantial parts, when these operations clearly exceed the conditions of normal use.
Article 11. Modification of the General Conditions
The Platform may have to modify its General Conditions. In this case, it will inform Users at least 1 month before the new Conditions come into force. At the end of this period, the modified General Conditions will be deemed accepted by the User.
If the User does not accept the new General Conditions, he/she may choose to close his/her account and stop consulting the Platform.
Article 12. Miscellaneous provisions
In the event that one or more of the provisions of these General Conditions is/are set aside by a legislative or regulatory provision or by a court decision, all other provisions shall remain applicable.
These General Conditions are subject to French law. Any dispute between the Buyer and the Platform arising from the interpretation and/or execution of the General Conditions shall be subject to the jurisdiction of the Commercial Court of Paris.
Under Article L.612-1 of the French Consumer Code, any consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of a dispute with a professional.
The disputes falling within the scope of Article L.612-1 of the French Consumer Code are the disputes defined in Article L.611-1 of the French Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
In case of difficulty, the Buyer is invited to contact the customer service by email at the following address: contact@castafiore.fr.
Only claims relating to the online sale of Items on the Platform will be considered.
In the event that the dispute cannot be resolved amicably, the Buyer is informed that either party may file a complaint on the dispute resolution platform set up by the European Commission and accessible at the following address: https: //ec.europa.eu/consumers/odr/main/?event=main.home.show
The Buyer may, at his/her own expense, be assisted by counsel.
