Terms of sale
The present General Terms of Use (hereinafter the "General Terms") apply to the website https://castafiore.com.
This website (hereinafter the "Platform") is published by the company Castafiore (hereinafter "Castafiore"), a simplified joint-stock company with its registered office at 11 Avenue du Colonel Bonnet, 75016 Paris, registered with the Paris Trade and Companies Register under number 902 874 866.
The User acknowledges having read, understood, and accepted without reservation all of these General Terms 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, add to or delete portions of these General Terms. It is the User's responsibility to regularly check these General Terms to be aware of any changes.
Article 1. Definitions
Buyer: User, aged 18 or the legal representative of a legal entity, who purchases one or more Article(s).
Article: jewelry, watches, or any jewelry item offered for sale by the Platform itself or through its intermediary.
Order: Article(s) paid for by a Buyer on the Platform.
Platform: website accessible at the URL https://castafiore.com
Price: price in euros proposed for the purchase of an Article on the Platform, excluding delivery costs.
Transaction: purchase of an Article on the Platform.
User: person browsing the Platform and who can have an account to buy Articles.
Seller: owner of the Articles offered for sale on the Platform.
Article 2. The Platform
2.1. Purpose
The Platform connects Sellers and Buyers for the purchase and sale of second-hand jewelry, watches, and jewelry items (hereinafter the "Articles").
In some cases, the Platform itself owns the Articles it offers and thus acts as a Seller.
Any person (hereinafter "User") can access, consult, or use all or part of the Platform.
These General Terms define the relationship between the Platform and Users, and in particular the rules applicable to:
- Registration on the Platform and its use.
- The role of the Platform as an intermediary and Seller.
- Transactions involving the Articles offered for sale on the Platform.
2.2. Use of the Platform
The Platform is accessible for free to any User at the address https://castafiore.com. The User must have internet access.
To be able to purchase Articles on the Platform, the User must be:
- an individual, at least 18 years old, and generally having the legal capacity to contract.
- a legal entity, whose authorized representative must provide valid information regarding their identity (first name / last name), company name, SIRET or identification number, address of the registered office, phone number, and email address.
2.3. Registration
When registering on the Platform, the User must provide their email address and a password, allowing the Platform to identify the User each time they access the Platform.
The User will fill out the registration form on the Platform and must provide their title, name, first name, date of birth, email address, phone number, postal address, and may, if desired, provide their finger size and wrist circumference. The User must provide complete and accurate information and must update any changes to this information if necessary.
It is the User's responsibility to take all necessary measures to protect their identifiers and passwords.
The Platform processes the User's personal data in accordance with the terms of its Privacy Policy.
Article 3. Articles The Articles offered for sale on the Platform may, in some cases, be owned by Castafiore or by Sellers for whom the Platform acts as an intermediary.
The photographs of the Articles are non-contractual. They may differ slightly from reality due to the User's screen settings and the lighting used during the photo shoots.
The Platform commits to ensuring that the photographs of the Articles are as true to reality as possible.
Article 4. Orders Orders can be placed on the Platform accessible at https://castafiore.fr.
Before validating their purchase, the Buyer can verify the details of their Order and the total price. The Buyer will have the opportunity to correct any errors before confirming their Order to express their final acceptance.
The Buyer will receive an acknowledgment of receipt of their Order by email as soon as possible.
The Platform cannot be held responsible for the non-fulfillment of the contract due to stock shortages or unavailability of the Article.
Article 5. Payment 5.1. Price The sale prices of the Articles are indicated in euros, all taxes included, but do not include delivery costs which will be indicated to the Buyer during the purchase 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 they must pay upon receipt of the Order.
The Buyer agrees to check the possibilities of importing the ordered Articles in regard to the territory of the delivery country.
5.2. Payment Methods The Buyer can pay for their Order by Credit Card, Bank Transfer, or any other payment platform via a mobile application.
During the payment of the Order, the User's banking data may be collected and processed by the Platform for the purposes of executing the Transaction.
5.3. Finalization of the Order If a User purchases an Article owned by a third-party Seller, their payment is retained by the Platform. The Platform transfers the Transaction price to the Seller upon the expiration 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 Article will be shipped upon receipt of the Order and no later than 15 days after receipt of payment by the Platform.
The Buyer can choose from several delivery methods:
- Home delivery by courier, only for Orders delivered within Paris.
- Home delivery by Colissimo and DHL.
- Articles can be delivered worldwide.
Shipping costs depend on the delivery method and the delivery location of the Order. These costs are the responsibility of the Buyer.
Article 7. Make an Offer Some Articles may benefit from the "Make an Offer" feature.
The "Make an Offer" feature allows Buyers, confidentially, to negotiate the Price of the Article by submitting a price offer to the Seller through the Platform.
The Seller can accept this offer, reject it, or make a counter-offer to the Buyer.
The price proposed in an offer cannot be less than 70% of the Article's Price, nor greater than the Article's Price.
Article 8. Right of Withdrawal and Return of Articles The Buyer may exercise their right of withdrawal in accordance with Article L.221-18 of the Consumer Code.
According to this provision, the Buyer has 14 days to withdraw from the receipt of their Order.
The Buyer can exercise their right of withdrawal by email (contact@castafiore.fr) or by mail to the following address: CASTAFIORE, E-commerce Service, 15B Boulevard Jules Sandeau 75116 Paris.
The Buyer must specify the Order number and the Articles they wish to return.
The Articles concerned must be returned by the Buyer within 14 days following the communication of their decision to withdraw.
The Articles must be returned in their original packaging and condition and complete (accessories, cases, certificates of authenticity, manual...).
The return costs are borne by Castafiore.
Any customs duties are the responsibility of the Buyer.
The Buyer must retain proof of this return, which means that the Articles must be returned by registered mail, or by any other means giving a certain date.
The refund of returned Articles will be made using the same payment method used by the Buyer for the initial Transaction, within 14 days from the date on which the Platform is informed of the Buyer's decision to withdraw.
Articles returned incomplete, damaged, or deteriorated by the Buyer will not be refunded. The presentation photographs of the Article on the Platform may serve as a reference in the event of a dispute.
Article 9. Warranty When acting as an intermediary, the Platform cannot be held responsible for the warranties imposed on the Sellers of the Articles.
If the Buyer knows that the Platform owns the ordered Article, they must inform the Platform of their desire to exercise the legal warranties within the time limits prescribed by law.
If the Platform acted as an intermediary and the Buyer knows the identity of the Seller of the Article, the Buyer must contact the Seller directly to inform them of their desire to exercise the legal warranties within the time limits prescribed by law.
If the Buyer does not know the identity of the Seller, the Buyer must inform the Platform of their desire to exercise the legal warranties within the time limits prescribed by law. The Platform will then communicate the Seller's identity to the Buyer to allow them to make their request.
Article 10. Intellectual Property
10.1. Content of the Platform Any use, reproduction, copying, or dissemination of one or more elements of the Platform for purposes other than private use is prohibited.
All content and services of the Platform, including but not limited to the domain name, texts, graphic design, graphics, photographs, drawings, sounds, images, audio, and video, as well as the site map, navigation plan, design, and organization of its sections, their titles, existing or future, are protected by intellectual and/or industrial property rights held or claimed by the Platform with the authorization of the rights holders, and, where applicable, its partners.
The Platform grants each User a non-exclusive, personal, and non-transferable right to use the Platform for their own needs. This right is granted for the duration of the use of the Platform. This rights concession does not entail the transfer of any intellectual property rights to the User.
As a result, any User is prohibited from reproducing, directly or indirectly, any elements mentioned in the preceding paragraphs in any form whatsoever, as well as altering trademarks, patents, names, acronyms, logos, colors, graphics, or other signs appearing on the elements provided 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 their content, composing the Platform, subject to rights held by Sellers and/or its partners.
By accessing the Platform, the User acknowledges that the data composing it is legally protected, and it is prohibited, in particular, from extracting, reusing, storing, reproducing, representing, or preserving, directly or indirectly, on any medium, by any means and in any form, any qualitatively or quantitatively substantial part of the content of the databases on the Platform to which they have access, as well as performing repeated and systematic extractions or reuses of qualitatively and quantitatively insubstantial parts, when these operations manifestly exceed normal use conditions.
Article 11. Modification of the General Conditions The Platform may modify its General Conditions of Use. In such a case, it will inform Users at least 1 month before the new Conditions come into effect. After 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, they can choose to close their account and stop using 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 submitted to the jurisdiction of the Paris Commercial Court.
Under Article L.612-1 of the Consumer Code, any consumer has the right to use a consumer mediator free of charge to resolve a dispute with a professional amicably.
Disputes covered by Article L.612-1 of the Consumer Code are those defined in Article L.611-1 of the Consumer Code, namely contractual disputes concerning the performance of a sales contract or service provision, opposing a consumer to a professional. The text covers national and cross-border disputes.
In case of difficulty, the Buyer is invited to contact customer service first by email at the following address: contact@castafiore.fr.
Only complaints related to the online sale of Articles on the Platform will be considered.
If the dispute cannot be resolved amicably, the Buyer is informed that either party can file 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 their expense, be assisted by a legal advisor.
