- These terms and conditions of sale specify the rights and obligations of the web user (hereafter the “Customer”) with regards to the products sold in the electronic catalog of the vintage.stoneparis.com website (hereafter the “Website”) within the framework of an e- commerce system.
- The order implies the irrevocable acceptance of the general conditions of sale.
The Customer states that (s)he has the capacity to enter into this contract, i.e. (s)he is of legal age and not under guardianship.
- The Customer's full acceptance of these General Terms and Conditions of Sale involves ticking the box "I accept the general terms and conditions of sale". Ticking this box will be considered as having the same value as a handwritten signature by the Customer.
IDENTIFICATION OF THE SELLER
The Seller is :
SAS Marie Poniatowski 45318453300033
61 rue des petits champs
N° SIRET : 79035395700018
Capital Social : 1 000,00€
N° TVA : FR91790353957
Customer service : email@example.com
Tel : +33 1 42 96 28 85
- The products offered for sale are those appearing on the Site on the day of the day of the Customer’s visit.
- We draw the Customer's attention to the fact that the photographs illustrating our products may be slightly different from reality due to the Customer's screen settings and the lighting during the shots. In addition, as these are artisanal creations, the articles may have finishing irregularities, differences in format and/or color inherent to this type of production and which cannot be considered major defects.
The prices displayed are indicated in euros, excluding shipping costs. Taxes and customs fees are included in the displayed price.
The Stone Paris Vintage Site acts as an intermediary service between consumers or non- professionals.
As a host, it organizes the transactions carried out on the site. It is neither the buyer nor the seller of the objects sold. As a result, for the sale of these objects, a sales contract is only between the buyer and the seller. The Site is not a party to such a contract and assumes no liability arising from such a contract or arising from this sales contract.
The seller is solely responsible for the sale of the item and for any claims or other problems arising out of or related to the sales contract between the seller and the buyer. Any dispute relating to the purchase of a product from a seller must be resolved directly between the buyer and the seller. Nevertheless, the site supports customer service and processes returns. It will try to obtain an amicable agreement between the buyer and the seller.
The creation of a personal account is mandatory both to sell and to buy on the Site.
OBLIGATIONS OF THE SELLER:
To offer their item for sale, the Seller must fill out a sales form. This service is only open to at least 18 years old.
The Seller qualifies their article on the "Sell" section of the Stone Paris Vintage website. They then obtain an estimate of its resale value, determined by the condition of the item. When the product is online on the site vintage.stoneparis.com, the price displayed is final and cannot be revised by the Customer without the agreement of the Site.
The Seller receives 70% of the sales price of their product when the item is sold on the Site. The Seller will receive a bank transfer 15 days after the buyer’s withdrawal period has ended as long as the buyer has not exercised this right.
The Site will receive 30% of the sale price as a commission.
Any item offered for sale must be in one of the following conditions:
New: the jewel has never been worn.
Excellent condition: the jewel has been worn a few times but has no imperfections.
Good condition: the jewel has been worn several times; it shows slight signs of natural wear.
- the Seller ships the items at their expense via the carrier of their choice, they are therefore responsible in case the package is lost.
- the Site checks each of the articles within 15 days of receipt. The Seller receives a summary of the accepted or refused items with their resale value by email.
The seller has eight days from the receipt of the summary email to agree to sell each item accepted by the Site.
The rejected items will be returned at the Seller's expense, sent with a tracking number after prior payment by the Seller of the shipping costs which will be communicated via e-mail to the e-mail address that has been communicated to the Site. Any incident during transport (loss or damage of the package) will be the sole responsibility of the Seller.
The Seller declares to be the owner of the item offered for sale on the site and to have the legal capacity and all the necessary authorizations to offer the item for sale. The Seller agrees contractually to the veracity of the information given.
The Seller remains the sole person responsible for the sale of an item whose circulation would be prohibited, which would contravene the regulations in force, public order and morality. They undertake not to send counterfeit items: the Site may, if necessary, request a certificate of authenticity of the item sent to verify the information provided by the Seller before and during its sale. Sellers are reminded that it is prohibited to offer counterfeit items. Counterfeiting is an offense punishable by law and infringes the intellectual property rights of trademark owners.
The Seller remains liable to the Consumer purchaser for the legal 24 month guarantee of compliance period (articles L.217-4 et seq. of the Consumer Code) and for the guarantee of hidden defects (articles 1641 et seq. of the Civil Code).
The Seller's attention is drawn to the penalties incurred by them if they act in a professional capacity:
L132-2 of the Consumer Code:
The deceptive commercial practices mentioned in articles L. 121-2 to L. 121-4 are punishable by two years' imprisonment and a fine of 300,000 euros.
The amount of the fine may be increased, in proportion to the benefits derived from the offence, to 10% of the average annual turnover, calculated on the last three annual turnover figures known at the time of the offence, or to 50% of the expenditure incurred in carrying out the advertising or practice constituting that offence. This rate shall be increased to 80 % in the case of misleading commercial practices referred to in (b) and (e) of 2 ° of Article L. 121-2 where they are based on environmental allegations.
- After checking the contents of their order, as well as the total cost of it (products ordered, shipping costs, optional options), and correcting any errors, the Buyer will confirm the order definitively at the payment stage.
This confirmation will have the effect of concluding the contract.
- Once the contract has been concluded, the Company will send the Buyer, by e-mail, a receipt of their order containing a summary of the information entered on the order form.
- The languages available to conclude the contract with the website vintage-stoneparis.com are French and English.
MEANS OF PAYMENT
- For the payment of the price of the products and the shipping costs, the Buyer will follow the terms indicated in the order form.
- The Buyer has the possibility to pay for their purchases by credit card, by PAYPAL or by bank transfer. Accepted Credit cards are: CB, MasterCard®, Visa®, and American Express®.
- In the case of payment by bank transfer, the Buyer has eight (8) working days from the confirmation of order to transfer the agreed sum. A reminder will be sent to the Buyer within 8 days if the expected amount has still not been received in the bank account of the Company. The order may be cancelled if the Buyer has not made the bank transfer within the prescribed period.
- In the event of payment by PAYPAL, the Purchaser expressly acknowledges that they have read and accepted the terms and conditions of PAYPAL, the sole controller of the personal data relating to the means of payment entered by the Purchaser.
- During payment, the bank requests personal information from the user in order to verify the identity of the cardholder and to validate the transaction. The Purchaser must transmit their credit card number, depending on the type of credit card, the expiry date of the credit card and the cryptogram number (shown on the back of the credit card).
- The Purchaser guarantees to the Company, when validating their purchase order, that they are in good standing with the issuer of the payment card.
- Financial information will be transferred via a cryptographic protocol, to PAYPAL or to other banks providing services related to electronic remote payment, without third parties being able to access it under any circumstances.
(a) Availability and shipping times:
- The immediate availability of Stone Paris products is guaranteed if the words "Add to cart' are indicated on the sales page of the product at the time of purchase.
- Any order placed on the Site will generally be processed and shipped within 24 hours of receipt of payment (excluding weekends and holidays) unless otherwise specified by us. An e- mail will be sent to confirm the order processing and shipping.
(b) Delivery times
- The Site delivers throughout the European Union as well as the rest of the world.
The Company reserves the right not to offer delivery to Russia. The ordered product is delivered to the address shown on the Buyer's order form.
The delivery address may differ from the billing address.
- The delivery time depends on the delivery address as well as the means of delivery selected by the Buyer. Any delay related to the customs clearance of the exported goods does not incur the liability of the Site.
- The delivery times specified below do not begin until the order is shipped.
The contract will be considered resolved upon receipt by the Site of the letter or other durable medium informing it of this resolution, unless the professional has delivered in the meantime.
The buyer may, however, immediately cancel the contract, if the dates or deadlines described above constitute for them an essential condition of the contract.
In this case, when the contract is rescinded, the Site is required to reimburse the purchaser of all moneys received, at the latest 14 days from the date on which the contract was terminated.
In accordance with Article L. 242-4 of the Consumer Code, where the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products...).
This verification shall be deemed to be carried out once the buyer, or a person authorized by them, has signed the delivery order.
The buyer must then confirm by registered mail these reservations to the carrier no later than two business days after receipt of the item (s) and send a copy of this letter by fax or simple mail to the company at the address indicated in the legal mentions of the site.
If the products require being returned to the Site, a return request must be made on the Site within 7 days of delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, package leaflet...).
- Despite the care taken to prepare orders, a product may be missing from the order, or an error may have occurred during the preparation. If you notice such an error, please notify us by e-mail at firstname.lastname@example.org
RIGHT OF RETRACTION
- In accordance with the provisions of articles L221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days to withdraw from their purchase, without having to justify a reason.
The fourteen (14) day period shall run:
- from the day on which the customer or a third party, who is not the carrier, designated by the Customer has received the ordered item,
- or, in the case of an order for several items delivered separately from the day on which the Customer, or a third party which is not the carrier, designated by the Customer received the last item.
- The Customer must notify the Company by email at the address email@example.com
Please complete and return this form only if you wish to withdraw from the contract. Download the form
- The Customer must return the product within fourteen (14) days of notification of its withdrawal.
The reimbursed delivery fee will be based on the standard delivery method.
- However, we will only accept the exchange and reimbursement of jewelry if all the following conditions are met:
1) The product must not have been worn, used, modified, washed or deteriorated
2) The product must be returned in its original packaging together with the purchase invoice
- In case the return of the product by the Customer is due to an error of the Company such as a missing product in the order or a non-compliant product received (subject to section 3 hereof) or a manufacturing defect in the product, the Company undertakes to reimburse, in addition to the purchase price of the product, the shipping costs incurred by the Customer for the delivery of the product.
The Customer will have to report the error by email to the address firstname.lastname@example.org
- No refund may be made to the Customer who has not exercised their right of withdrawal under the conditions of this Article.
- On receipt of the returned product, the refund will be made according to the buyer's will in the form of a refund credited directly to their bank account or Paypal account according to the method of payment used during the order, or an exchange.
In accordance with Article L221-28 of the Consumer Code, any jewelry that has been modified at the customer's request (ring, bracelet, necklace or engraving) cannot be exchanged or refunded.
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be regarded as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure shall be considered to be any event or circumstance which is irresistible, external to the parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by them, despite all reasonable efforts. Expressly, force majeure or incidental cases are considered, in addition to those usually adopted by the case law of the
French courts and tribunals: the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, the stopping of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will approach each other to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Mediation for Consumer Buyers
The Client may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative means of dispute resolution (conciliation, for example) in the event of a dispute.
The Client can contact the Mediator of Co-operative and Associated Trade: https:// www.mcca-mediation.fr
The claim may be made electronically at the address https://www.mcca-mediation.fr/votre- reclamation.
The Site is owned by the Company. It is protected by international copyright laws and treaties, as well as other international intellectual property laws and treaties.
All rights relating to the Site and to the overall concept of the Company's activity, to their original and innovative character, including intellectual property rights on texts, literary and artistic creations, graphics (including photographs) and audiovisual, computer developments, HTML developments and other works of the mind and, more generally, all creations which may be protected by intellectual property law such as images, logos, formatting, graphic charter, structure, ergonomics, color codes, typography, typefaces, basic graphic elements, graphic organization of screens, layout, the page backgrounds, the visual identity of the Site, belong to the Company or are regularly operated by the Company, without any limitation.
The Buyer undertakes not to infringe directly or indirectly on the Company, the Site, or the rights of the Company.
PERSONAL INFORMATION AND COOKIES
- The delivery of the order requires the provision of a certain amount of personal information concerning the Buyer, namely their last name, first name, postal address, date of birth, telephone number, email address. The data collected is necessary for compliance by the Company with its obligations, in particular for the validation of the order, as well as for the execution of the delivery. The Buyer who does not wish to provide this information will not be able to order on the Site.
- This data is kept for this sole purpose and the Company undertakes not to use it in another context, nor to transmit it to third parties, without the express consent of the Buyer or outside the cases provided by law. The controller, except for payment data, shall be the Company, the contact details of which are set out in Article 2. The contact details of the Purchaser are kept for a period of 3 years from the end of the commercial relationship. This data is kept under secure conditions, according to the current means of technology, in compliance with the provisions of Act No. 78-17 of 6 January 1978. The Corporation's CNIL declaration number is 1995781.
- The transmission of information on the Site takes place in a secure context using the protocols in force on the Internet.
- According to article L.223-2 of the Consumer Code, the consumer may register the on the telemarketing objection list BLOCTEL.
- The payment card numbers are not kept on the Site but on the secure site of our banking establishment.
- In accordance with the Data Protection Act of 6 January 1978, you have the right to access, correct and object to your personal data. All you need to do is make an online request including your last name, first names, address and, if possible, your customer number to email@example.com.
- Certain cookies are used by third parties (e.g. Google) to transmit to the Company data on the effectiveness of its promotions. Cookies do not, under any circumstances, obtain personal information to identify a particular user.
The cookies used on the Site have, in any case, a temporary character, with the sole purpose of making the subsequent transmission more efficient. No cookie used on the Site will have a period of validity of more than two years.
- The Buyer has the possibility to configure their browser to be notified of the receipt of cookies and to refuse the installation on their device.
By eliminating cookies from the Site or deactivating them, the user runs the risk of not being able to access certain features of the Site.
- To use the Site, it is not necessary for users to allow the installation of cookies, but they will have to restart the session as such in each of the services whose provision requires prior registration or the start of a session.
- What types of cookies does the Site use? The Site uses four types of cookies:
- Technical cookies: They allow the user to browse the Site and use features such as the shopping cart or Wishlist.
- Personalization cookies: When the user browses or buys on the Site, the Site will remember its preferences (for example, its tastes or preferred language). Thanks to these cookies, it is possible to offer a simpler, faster and more personalized browsing experience for users.
- Advertising cookies: These cookies are used to display ads important to users. In addition, they limit the number of times each user views an ad and helps the Corporation measure the effectiveness of its advertising campaigns. By browsing the Site, the user accepts that the Company uploads this type of cookies into its device and makes consultations when the user visits the Site in the future.
Site servers will be able to automatically detect the IP address and domain name used by users.
- An IP address is a figure automatically assigned to a computer when it connects to the Internet. This information allows for subsequent processing of the data in order to obtain only statistical measurements measuring the number of visits made to the Site, the order of the visits, the access point, etc.
- These general conditions of sale are governed by French law, with the exception of any other applicable international convention, including the Vienna Convention on the International Sale of Goods of 11 April 1980. This applies to substantive rules as well as to rules of form. In the event of a dispute or complaint, the buyer will first contact the site to obtain an amicable solution.
AMENDMENTS AND UPDATES
- The general terms and conditions of sale are regularly amended in particular to take into account any legislative changes. The new terms and conditions of sale will apply on the date of their publication on the Site.
If one or more stipulations of these General Conditions are held invalid or declared invalid under a law, regulation or final decision of a competent court, the other stipulations shall retain their full force and scope.
The failure of one of the parties to require at any time the strict performance by the other party of any provision or condition of these General Conditions shall not be deemed to constitute a final waiver.
Annex 1 - Provisions on legal guarantees:
Art. L. 217-4 of the Consumer Code (Order No. 2021-1247 of 29 Sept. 2021, art. 9, in force on 1 Jan. 2022)
The goods comply with the contract if they meet, in particular, the following criteria:
- 1 It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristics provided for in the contract;
- 2 It is specific to any special use sought by the consumer, notified to the seller at the latest at
the time of conclusion of the contract and accepted by the latter; o
- 3 It is issued with all accessories and installation instructions, to be provided in accordance
with the contract; o
- 4 It is updated in accordance with the contract.
Art. L. 217-5 of the Consumer Code (Order No. 2021-1247 of 29 Sept. 2021, art. 9, in force on 1 Jan. 2022)
I. - In addition to the criteria of compliance with the contract, the goods comply if they meet the following criteria:
- 1 It is appropriate for the usual intended use of a similar good, taking into account, where appropriate, any provisions of European Union and national law and all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
- 2 Where applicable, it shall possess the qualities which the seller has presented to the consumer in the form of a sample or model before the conclusion of the contract;
- 3 Where applicable, the digital elements contained therein shall be provided in accordance with the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
- 4 If applicable, it is issued with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
- 5 Where applicable, it shall be provided with such updates as the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
- 6 It corresponds to quantity, quality and other characteristics, including sustainability, functionality, compatibility and security, which the consumer can legitimately expect for goods of the same type, having regard to the nature of the property and to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including advertising or labeling.
II. - However, the seller is not bound by any public statements referred to in the preceding subparagraph if they prove:
- 1 They did not know of them and was not legitimately able to know of them;
- 2 That at the time of the conclusion of the contract, the public statements had been corrected under conditions comparable to the initial statements; or
- 3 That the public statements could not influence the purchase decision.
III. - The consumer may not contest conformity on the basis of a defect in respect of one or more particular characteristics of the goods, which they have been specifically informed deviate from the conformity criteria set out in this Article, a deviation which they expressly and separately consented to when concluding the contract.
Art. L. 217-12 of the Consumer Code (Order No. 2021-1247 of 29 Sept. 2021, art. 9, in force on 1 Jan. 2022)
The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs in particular in relation to:
- 1 The value of the property in the absence of non-compliance; o
- 2 The extent of non-compliance; and o
- 3 The possibility of opting for the other choice without major inconvenience to the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, in particular with regard to 1 and 2 .
Where these conditions are not met, the consumer may, after formal notice, continue the forced execution in kind of the solution initially sought, in accordance with Articles 1221 et seq. of the Civil Code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity shall be reasoned in writing or on a durable medium.
Art. L. 217-16 of the Consumer Code (Order No. 2021-1247 of 29 Sept. 2021, art. 9, in force on 1 Jan. 2022)
In the cases provided for in Article L. 217-14, the consumer shall inform the seller of their decision to cancel the contract. They shall return the goods to the seller at their expense. The seller reimburses the consumer for the price paid and returns any other benefits received under the contract.
If the lack of conformity relates only to certain goods issued under the contract of sale, the consumer has the right to void the contract with respect to all goods, even those not covered by this chapter, if they cannot reasonably be expected to agree to keep only the goods in conformity.
In the case of contracts referred to in Article L. 217-1 II, which provide for the sale of goods and, incidentally, the supply of services not covered by this chapter, the consumer is entitled to the cancellation of the entire contract. Furthermore, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to the resolution of all the related contracts.
The respective obligations of the parties to the contract, referred to in Article L. 224-25-22 and relating to the consequences of resolution for digital content and digital services, shall apply to the termination of the contract for the sale of goods containing digital elements.
Art. 1641 of the Civil Code
The seller is bound by the guarantee with respect to hidden defects of the thing sold which render it unfit for the purpose for which it is intended, or which so diminish that use, that the buyer would not have acquired it, or would have given only a lesser price, had they known them.
Art. 1648 The action resulting from the impermissible defects must be brought by the acquirer, (Order No. 2005-136 of 17 Feb. 2005, art. 3) "within two years of the discovery of the defect."
(L. No. 67-547 of 7 July. 1967) "In the case provided for in article 1642-1, the action must be brought, under penalty of preclusion, within one year from the date on which the seller may be discharged from defects (L. No. 2009-323 of 25 March 2009, art. 109)" or from "apparent non-conformity." - Text reproduced by CCH, Art. L. 261-7.
Annex 2 - Withdrawal form:
- I/We [*] hereby notify you [*] my/our [*] withdrawal of the contract for the sale of the goods [* ]/for the provision of services [*] below
- Article ___ [reference] _____________
- Ordered on [* ]/received on [*]: ______________
- Name of consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only in case of notification of this form on paper) - Date
[*] Bar where not applicable.