TERMS AND CONDITIONS OF SALE
Preamble
The present General Terms and Conditions of Sale (the "GTCS") bind the company CASANERA SAS, a simplified joint stock company with share capital of €40,480, headquartered at 3 boulevard Wilson 20260 CALVI, registered in the Bastia Trade and Companies Register under no. 431686864 (" CASANERA ").
CASANERA is engaged in the sale of jewelry, accessories and ready-to-wear, the exhibition, purchase and sale of works of art and objets d'art, the manufacture, purchase and sale of cosmetics, perfumery and beauty products as well as Corsican non-food products (the "Articles").
CASANERA markets the above-mentioned items via the www.https://casanera.com/en/ (the "Site"). The exact list of items offered for sale online by CASANERA can be consulted on the Site.
The GCS are reserved exclusively for consumers, as defined in the preliminary article of the French Consumer Code (the "Customer"). Orders placed via the Site by professionals are subject to their own specific General Terms and Conditions of Sale, which can be viewed on the Site or requested from CASANERA.
CASANERA and the Customer (jointly the " Parts ") agree that any remote sale of an Item, via the Site or by telephone, will be governed exclusively by the GCS.
CASANERA reserves the right to modify the GCS at any time by publishing a new version on the Site. The applicable GCS are those in force on the date of validation of the Customer's order.
The photographs and descriptions of the items for sale on the Site are indicative and in no way binding CASANERA. Customers may obtain further information by contacting CASANERA
Article 1 - Definitions
1.1 The terms and expressions referred to hereinafter mean, when preceded by a capital letter, for the purposes of the interpretation and performance hereof:
" Control purchase Order" means a request for the purchase of Items made by the Customer to CASANERA;
" Delivery time "Period between the date of Order Confirmation and the date of Delivery of the Order to the Customer ;
" Delivery charges "amount of expenses incurred by CASANERA to send the Order to the Delivery address indicated by the Customer ;
" Delivery "Transfer of physical possession or control of the Article to the Customer;
" Delivery method "means any standard or express delivery method offered on the Site at the time of the Order ;
" Price "This value includes all taxes and excludes delivery costs ;
" Total price "This amount includes all taxes ;
" All-inclusive price total Price": the Total Price to which is added the price of the Delivery Costs; this amount includes all taxes ;
" Territory "Article 3.4 ;
" Order validation "Article 4.1 ;
1.2 References to articles are references to the articles of the GTC, unless otherwise stipulated.
Article 2 - Purpose
The purpose of the GTCS is to define the rights and obligations of the Parties in the context of the online sale of Items offered for sale by CASANERA to the Customer.
The purchase of an Item on the Site requires the express acceptance of the GCS.
Article 3 - Scope and use of the Site
3.1 To place an order on the Site, the Customer must be of legal age and/or have legal capacity and use this Site in accordance with the GTC.
3.2 The essential characteristics and Prices of Items sold online are available on the Site. Where applicable, CASANERA will inform the Customer if the Articles have been subjected to traditional stoning, using colorless fluids and heating, or bleaching.
3.3 Items can be delivered to the following countries (the "Territory"): European Union, United Kingdom and Switzerland.
3.4 The Customer shall be responsible for the payment of any customs duties or other local taxes or import duties or state taxes. These duties and sums shall be borne by the Customer, who shall be entirely responsible for declarations and payments to the competent authorities and organizations in his country. CASANERA advises the customer to obtain information on these aspects from the relevant local authorities.
Article 4 - Ordering Items and Online Sales Completion Steps
4.1 In order to complete the Order, the Customer must complete the following steps:
(1) Connect to the Site ;
(2) Select the item(s) and place them in the shopping basket. In the event of prolonged inactivity at the time of connection, it is possible that the selection of Articles chosen by the Customer before this inactivity is no longer guaranteed. In this case, the Customer is invited to restart the selection of items from the beginning ;
(3) Check the selection of Item(s) ordered (including price) and, if necessary, identify and correct any errors;
(4) If necessary, log in to the customer account or create a customer account ;
(5) Fill in the delivery details ;
(6) Choose a delivery method ;
(7) Read and accept the General Terms and Conditions ;
(8) Check the Order, the Total Price and the All-Inclusive Price, choose the payment method and definitively validate the Order by agreeing to pay the price ;
(9) Follow the instructions of the online payment server to pay the All-Inclusive Price (the "Order Validation").
The Customer will then receive an electronic acknowledgement of receipt of the Order.
4.2 The sale will not be final until confirmation of the Order (the "Order Confirmation") has been sent to the Customer electronically.
4.3 The Customer receives electronic confirmation that the Order has been dispatched.
4.4 Delivery takes place at the delivery address indicated by the Customer at the time of the Order.
4.5 CASANERA undertakes to honour the Order only within the limits of available stocks of Items. If the Items are not available, CASANERA undertakes to inform the Customer.
4.6 In accordance with article L. 122-1 of the French Consumer Code, CASANERA reserves the right to refuse the Order if it is abnormal (such as an order for quantities of Items exceeding the normal needs of a consumer or abnormal order flows to the same billing and/or delivery address), placed in bad faith or for any other legitimate reason.
Article 5 - Terms of payment
Payment of the All-Inclusive Price by the Customer is made by credit card or via Paypal.
Article 6 - Order delivery
6.1 Delivery Method: the Customer chooses one of the Delivery Methods offered on the Site when placing the Order.
6.2 Delivery address: the Customer chooses a delivery address that must be located within the Territory, failing which the Order will be refused. The Customer is solely responsible for any failure to deliver due to a lack of information when placing the Order.
6.3 Amount of Delivery Charges: The amount of Delivery Charges depends on the amount of the Order and the Delivery Method chosen by the Customer. In any event, the amount of the Delivery Charges is indicated to the Customer prior to Order Validation.
6.4 Delivery times: Delivery times are indicative, they depend on the Delivery Methods and will be indicated at the time of the Order.
6.5 Delivery delay : CASANERA, will inform the Customer by e-mail that Delivery will be delayed. The Customer may then decide to cancel the Order by sending an e-mail to CASANERA a request to cancel the Order. If the Order has not yet been dispatched when received by CASANERA of the Customer's cancellation request, the Delivery is blocked and the Customer is reimbursed for any sums debited within fourteen days of receipt of the cancellation notice. If the Order has already been dispatched upon receipt by the CASANERA of the Customer's cancellation request, the Customer may still cancel the Order by refusing the package. CASANERA will then reimburse the sums debited and the return costs paid by the Customer within fourteen days of receipt of the return of the refused package, complete and in its original condition.
6.6 Transfer of risks: As from Delivery, the risks affecting the Articles are transferred to the Customer.
6.7 Checking the Order on arrival and reservations
6.7.1 The Customer is obliged to check the condition of the packaging and the Articles at the time of Delivery. It is the Customer's responsibility to make any reservations and complaints he/she deems necessary on the Delivery document, or even to refuse the Article, if the Article is obviously damaged on Delivery.
6.7.2 The said reservations and claims must be addressed to the carrier on the delivery note or by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of receipt of the Articles.
The Customer must also send a copy of this letter to CASANERA and notify CASANERA delivery anomalies by e-mail to the following address: [email protected] within the same timeframe.
6.7.3 The Customer must ensure that the Articles delivered correspond to the Order. In the event of non-conformity of the Articles in kind or in quality to the specifications mentioned in the Delivery note, the Customer must inform CASANERA by e-mail and return the Articles to the address indicated in Article 7.2.
Article 7 - Consumer customer's right of withdrawal
7.1 The Customer has a right of withdrawal which may be exercised within a period of 14 (fourteen) calendar days following the date on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Article(s). If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
7.2 To exercise the right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to the following address :
- Postal address: 3 boulevard Wilson 20260 CALVI
- E-mail: [email protected]
7.3 The Customer may, but is not obliged to, use the model withdrawal form at the bottom of these GTC.
7.3 The Customer may, but is not obliged to, use the model withdrawal form at the bottom of these GTC.
7.4 The Customer who wishes to exercise his right of withdrawal must return the Article(s) within the aforementioned period, in its (their) original packaging, complete, new to the address indicated in Article 7.2.L(Article(s) returned without their original packaging or incomplete, damaged or soiled by the Customer will not be taken back. Items are returned at the Customer's expense and responsibility, except in the case of non-conforming items.
7.5 It is the Customer's responsibility to keep all proof of this return, which presupposes that the Article(s) is (are) returned by registered mail, or by any other means giving a certain date.
7.6 CASANERA will reimburse the Customer for the price of the Item(s) returned, as well as the initial shipping costs (return shipping costs remain the Customer's responsibility) within 14 (fourteen) days of receipt of the Item(s) or receipt of proof of shipment of the Item(s) (whichever comes first). This refund will be made using the same means of payment as the one used by the Customer for the Order, unless a different means is expressly agreed; in any event, this refund will not incur any costs for the Customer.
7.7 Items for which the right of withdrawal does not apply in accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to: - items likely to deteriorate or expire rapidly; - the supply of sealed goods (perfumes, creams, etc.) which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection; and - items made to the Customer's specifications or clearly personalized.
Article 8 - Customer warranties
8.1 CASANERA is liable for defects in conformity of the goods with the contract under the conditions of articles L. 217-3 et seq. of the French Consumer Code, and for hidden defects in the goods sold under the conditions of articles 1641 et seq. of the French Civil Code.
Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.
Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.
The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.
The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his request, free of charge and without any major inconvenience for him.
If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a reduction in the purchase price by retaining the good or terminate the contract by obtaining a full refund against return of the good, if :
1° The professional refuses to repair or replace the good ;
2° The goods are repaired or replaced within thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replacement good ;
4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price of the goods, or to rescission of the contract, if the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period during which the product is immobilized for repair or replacement suspends the warranty remaining until delivery of the repaired product.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal warranty against hidden defects, in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.
8.2 The Customer may exercise his rights by addressing his request to the sales department of CASANERA :
- Postal address: 3 boulevard Wilson 20260 CALVI
- E-mail: [email protected]
Article 9 - Intellectual property rights
The brand CASANERA, all trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the Articles, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property of CASANERA with the exception of rights held by suppliers and partners of CASANERA on the visuals of their products, on their trademarks and logos presented on the Site. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of CASANERA, is strictly forbidden. The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of CASANERA.
Article 10 - Protection of personal data
The data collected by CASANERA at the time of the Order are necessary for the execution of the Order and for the management of after-sales service.
The Customer is invited to consult the Personal Data Protection Policy of CASANERA accessible here in order to be aware of all the provisions relating to the collection and processing of its data.
In accordance with article L.223-2 of the French Consumer Code, all customers have the option of registering free of charge on a BLOCTEL opposition list https://www.bloctel.gouv.fr/ to stop being contacted by a professional with whom they have no current contractual relationship.
Article 11- Salvage clause
Should any of the stipulations of the GCS prove to be null and void, such nullity shall not entail the nullity of the other stipulations of the GCS, which shall remain in force between the Parties
Article 12 - Claims and amicable settlement of disputes
For any difficulty, the Customer is invited to contact the sales department of CASANERA:
The Customer is invited to consult the Personal Data Protection Policy of CASANERA accessible here in order to be aware of all the provisions relating to the collection and processing of its data.
- Postal address: 3 boulevard Wilson 20260 CALVI
- E-mail: [email protected]
- Telephone: 04 95 38 94 27
Only complaints relating to the online sale of Items will be taken into account.
In the event of a dispute which the Parties are unable to resolve amicably, and in accordance with the provisions of article L. 612-1 of the French Consumer Code, the Customer has the right to have recourse, free of charge, to the services of a mediator in the event of a dispute.
Disputes falling within the scope of Article L. 612-1 of the French Consumer Code are those defined in Article L. 611-1 of the Code, i.e. disputes of a contractual nature, concerning the performance of a contract for the sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
Within one year of the Customer's request to CASANERA, in accordance with article R. 616-1 of the French Consumer Code, the customer may have his or her claim examined by a mediator.
CASANERA subscribes to the following mediation service:
The Center for Consumer Mediation of Justice Conciliators (CM2C)
14 rue Saint Jean
75017 Paris
https://www.cm2c.net/
At the European level, customers can consult the website http://ec.europa.eu/consumers/odr/ to select the mediator of your choice.
The customer may, at his own expense, be assisted by an advisor.
Article 13 - Applicable law
These GCS are governed by French law, to the exclusion of any international convention.
Article 14 - Jurisdiction
WITHOUT PREJUDICE TO THE PROVISIONS OF PUBLIC POLICY GOVERNING JURISDICTION OVER CONSUMERS, ANY DISPUTE ARISING FROM THE FORMATION, INTERPRETATION OR PERFORMANCE OF THE CGV SHALL BE SUBJECT TO THE JURISDICTION OF THE FRENCH COURTS.
APPENDIX - WITHDRAWAL FORM
For the attention of CASANERA,
- Postal address: 3 boulevard Wilson 20260 CALVI
- E-mail: [email protected]
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of services (*):
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in the case of notification of this form on paper)
Date
(*) Cross out what does not apply.