General Conditions of Sale and Use

These General Conditions of Use (hereinafter the “Terms and conditions ") apply to the website https://castafiore.fr.

This website (hereinafter the “ Platform ") is published by the Castafiore Company (hereinafter " Castafiore ), a simplified joint stock company with its head office at 15B Boulevard Jules Sandeau 75116 Paris, registered in the Paris trade and companies register under number 902 874 866.

The User acknowledges having read, understood and accepted without reservation the entirety of these General Conditions which govern the relations 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 regularly consult these General Conditions to be aware of any modifications.

 

Article 1. Definitions

Buyer : User, aged 18 or legal representative of a legal entity, who purchases one or more Item(s).

Article: jewelry, watch or any jewelry item put on sale by the Platform itself or through it.

Order : Item(s) paid for by a Buyer on the Platform.

Platform : website accessible at the URL address https://castafiore.fr

Price : 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 : person who browses the Platform and who may have an account allowing them to purchase Items.

Seller : owner of the Items offered for sale on the Platform.

 

Article 2. The Platform

2.1. Object

The Platform connects Sellers and Buyers for the purchase and sale of second-hand jewelry, watches and jewelry items (hereinafter the “ Items »).

In certain cases, the Platform itself owns the Items it offers and therefore acts as a Seller.

Any person (hereinafter “User ") can access, consult or use all or part of the Platform.

These General Conditions define the relations between the Platform and the Users, and in particular the applicable rules:

• When registering on the Platform and using it.
• The role of the Platform as an intermediary and Seller.
• Transactions relating to Items offered for sale on the Platform.

2.2. Use of the Platform

The Platform is accessible free of charge to any User at the address https://castafiore.fr. The User must have access to the Internet.

To be able to purchase Items on the Platform, the User must be:

• a natural person, aged 18 and over and, more generally, with the capacity to contract.
• a legal entity, whose person authorized to represent it must mention valid information relating to its identity (surname / first name), its company name, its SIRET or identification number, the address of its registered office, its number telephone number and email address.

2.3. Registration

When registering on the Platform, the User must indicate their email address as well as a password, which allows the Platform to identify the User each time the latter accesses the Platform.

The User will fill out the fields of the Platform's registration form and must indicate their title, surname, first name, date of birth, email address, telephone number, postal address and may, if they can, wishes, communicate their finger size and wrist size. The User must provide complete and accurate information and must update, if necessary, any modification concerning this information.

It is up to the User to take all necessary measures to protect their usernames and passwords.

The Platform processes the User's personal data according to the terms of its Privacy Policy.

 

Article 3. Articles

The items offered at there sale on the Platform may be, depending on the hypotheses, the property of Castafiore or of the Sellers for whom the Platform acts as an intermediary.

The photographs of the Articles are non-contractual. They may be slightly different from reality due to the User's screen settings and the lighting used when taking photos.

The Platform, however, undertakes to ensure that the photographs of the Articles are as faithful to reality as possible.

 

Article 4. Orders

Orders can be placed on the Platform accessible via the address https://castafiore.fr.

Before validating their purchase, the Buyer will be able to check the details of their Order and its total price. The Buyer will have the opportunity to correct any errors before confirming their Order to express their definitive acceptance.

The Buyer will receive an electronic acknowledgment of receipt of their Order as soon as possible.

The Platform cannot be held responsible for 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 Sales Prices of the Items are indicated in euros, all taxes included, but do not include delivery costs which will be indicated to the Buyer during the purchasing process, before the final validation of their Order.

If the Buyer resides in a country outside the European Union, customs fees may apply. These customs fees are the sole responsibility of the Buyer, which he must pay 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. Payment terms

The Buyer can pay the Price of their Order by credit card, Transfer or any other payment platform via a mobile application.

When paying for the Order, the User's banking data may be collected and processed by the Platform for the purposes of executing the Transaction.

5.3. Finalizing the Order

In the event that a User purchases an Item belonging to a third-party Seller, their payment is retained by the Platform. The Platform pays the price of the Transaction to the Seller upon expiry of the Buyer's withdrawal period.

 

Article 6. Delivery

Orders will be delivered to the address indicated by the Buyer when placing the Order.

The Item will be shipped upon receipt of the Order and no later than 15 days from receipt of payment by the Platform.

The Buyer has the choice between several delivery methods:

• Home delivery by courier, only for Orders delivered within Paris.
• Home delivery by Colissimo and DHL.

Items can be delivered worldwide.

Shipping costs depend on the delivery method and location of the Order. These costs are the responsibility of the Buyer.

 

Article 7. Make an offer

Some Items may benefit from the “Make an Offer” feature.

The “Make an offer” functionality allows Buyers, in a confidential manner, to negotiate the Price of the Item by transmitting 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 proposed in an offer cannot be less than 70% of the Price of the Item, nor higher than the Price of the Item.

 

Article 8. Right of withdrawal and return of Items

The Buyer may exercise his right of withdrawal in accordance with Article L.221-18 of the Consumer Code.

In accordance with this provision, the Buyer has 14 days to withdraw from receipt of their Order.

The Buyer may exercise his right of withdrawal by email (contact@castafiore.fr) or by mail to the following address: CASTAFIORE, Service E-commerce, 15B boulevard Jules Sandeau 75116 Paris.

The Buyer must take care to specify the number of their Order and the Items they wish to return.

The Items concerned must be returned by the Buyer within 14 days following communication of their decision to withdraw.

The Items must be returned in their original and complete packaging and condition (accessories, boxes, boxes, certificate of authenticity, instructions, etc.).

Return costs are the responsibility of Castafiore.

Any customs duties are the responsibility of 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 reimbursement of returned Items will be made using the same means of payment as that 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 of retract.

Items returned incomplete, damaged or damaged by the Buyer will not be refunded. The photographs presenting the Article on the Platform may serve as a reference in the event of a dispute.

 

Article 9. Guarantee

When acting as an intermediary, the Platform cannot 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 Item ordered, he must inform it of his desire 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 them of their desire to exercise legal guarantees within the time limits prescribed by law.

In the event that the Buyer is unaware of the identity of the Seller, the Buyer must inform the Platform of his desire to exercise the legal guarantees within the time limits prescribed by law. The latter will then communicate the identity of the Seller of the Item in order to allow the Buyer to formulate his request.

 

Article 10. Intellectual property

10.1. Content of the Platform

Any use, reproduction, copy, distribution of one or more elements of the Platform for use other than private is prohibited.

All of the content and services of the Platform, including without limitation, the domain name, texts, graphic charter, graphics, photographs, drawings, sounds, images, audio and video, but also the tree structure, the navigation plan, the design and organization of its sections, their titles, existing or future, is protected by intellectual and/or industrial property rights, held or claimed by the Platform with authorization of the holders of these rights, and where applicable its partners.

The Platform grants any User, on a non-exclusive, personal and non-transferable basis, the right to use the Platform for their sole needs. This right is granted for the duration of use of the Platform. This grant of rights does not entail the transfer of any intellectual property rights for the benefit of the User.

Consequently, any User is prohibited from reproducing in any form whatsoever, directly or indirectly, the elements referred to in the preceding paragraphs, as well as from altering the brands, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available by the Platform and more generally to use or exploit these elements.

10.2. Data base

The Platform is the producer and owner of all or part of the databases, their structure and their contents, making 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 comprising it is legally protected, and that he is prohibited in particular from extracting, reusing, storing, reproducing, representing or preserving, directly or indirectly, on any medium whatsoever. , by any means and in any form whatsoever, all or part qualitatively or quantitatively substantial, of the content of the databases appearing within the Platform to which it accesses, as well as to extract or repeatedly reuse it and systematic use of qualitatively and quantitatively non-substantial parts, when these operations clearly exceed the conditions of normal use.

 

Article 11. Modification of the General Conditions

The Platform may be required to modify its General Conditions of Use. 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 of Use, he may choose to close his account and stop consulting the Platform.

 

Article 12. Miscellaneous provisions

In the event that one or more provisions of these General Conditions of Use are excluded by a legislative or regulatory provision or by a court decision, all other provisions will 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 will be subject to the jurisdiction of the Paris Commercial Court.

Under article L.612-1 of the Consumer Code, any consumer has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute between them and a professional.

Disputes falling within the scope of article L.612-1 of the Consumer Code are the disputes defined in article L.611-1 of the Consumer Code, namely disputes of a contractual nature, relating to on the execution of a contract of sale or provision of services, between a consumer and a professional. The text covers domestic disputes and cross-border disputes.

In the event of difficulty, the Buyer is invited to first contact customer service by email at the following address: contact@castafiore.fr.

Only complaints relating to the online sale of Items on the Platform will be taken into account.

In the event that the dispute cannot be resolved amicably, the Buyer is informed that either party may submit a complaint on the dispute resolution platform set up by the European Commission accessible at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home.show

The Buyer may, at his own expense, be assisted by an advisor.