(Version of 10/02/2021)
These General Conditions of Use are up to date as of February 10, 2021.
These conditions replace all previous versions of the General Conditions of Use of 58 FACETTES.
TERMS OF SERVICE
The Company 58 FACETTES (hereinafter “58 Facettes”), Operates a website (hereinafter“the platform”) Allowing individuals and professionals (hereinafter“the buyers”) To be put in touch with professional sellers (hereinafter "craftsmen") for the online purchase of products relating to the world of jewelry (hereinafter "products").
This Platform is accessible to all Buyers under the url www.58facettes.fr (hereinafter “58facettes.fr").
It is recalled that 58 Facettes acts as a simple intermediary and is in no way a reseller of the Products offered by the Craftsmen within the Platform.
The majority of the Products are dispatched and delivered to the Buyers by the Craftsmen, under their sole responsibility. Some Products are shipped by 58 Facettes.
ARTICLE 1: ACCEPTANCE AND MODIFICATION OF THE GENERAL CONDITIONS OF USE
Any use of the Platform and the Services implies the prior, express and unreserved acceptance by the User of the T & Cs. The User is informed and acknowledges that by clicking, when creating his Customer Account, on the “Registration” button preceded by the words “I have read and accept the General Conditions of Use”, It is bound by all the provisions of the T & Cs.
58 Facettes reserves the right, at any time, to refuse access to the Platform, unilaterally and without prior notification, to any User who does not comply with these T & Cs.
The User is informed that the T & Cs of the Platform may be modified at any time, unilaterally by 58 Facettes in particular in order to comply with any changes to its Services or any legal, jurisprudential, editorial and / or technical changes. 58 Facettes undertakes to inform the User of changes made to the Services and / or to the T & Cs by email or by means of a special notice posted on the Platform.
The T & Cs applicable to each Order placed within the Platform are those accessible online at the time of acceptance of the Order by the User and attached to the Order confirmation email received by the Buyer.
The User is reminded that it is his responsibility to consult the latest version of the T & Cs accessible on each page of the Platform before any new Order.
ARTICLE 2 - DEFINITIONS
Order: means any purchase of a Product by a Buyer from one or more Craftsmen through the Platform.
Personal account : refers to the Buyer's personal space in which he can access, after identifying himself, his personal information, his purchase history and the lists of Products he has added to his list of Coupons of heart.
Craftsman page : designates the form summarizing all the information relating to the Craftsman, within which his shop, presentation and portfolio are notably accessible.
Product sheet : designates the descriptive sheet of each Product sold on the Platform, made up of photographs, texts, illustrations, images, and / or videos sent by each Merchant to 58 Facettes for the description of the Products it sells.
Identifiers : designate the email address and password chosen by the User allowing their identification and access to the Services of 58 Facettes.
Cart : designates the location allowing the User to select Products with a view to an Order.
partners: designate any legal person with which 58 Facettes has entered into a partnership.
Price : means the total price of the Product, all taxes included, payable by the Purchaser, not including the shipping costs defined on a flat-rate basis according to the shipping method.
Services : designate all the functionalities made available to Users by 58 Facettes and available within the Platform.
User : means any person who uses the Platform or its Services.
ARTICLE 3 - TERMS AND CONDITIONS OF ACCESS TO THE PLATFORM
3.1. General informations
The Platform is accessible free of charge to any User at the address “www.58facettes.fr”. The User must have internet access.
All software and hardware necessary for the use and operation of the Platform Services, or internet access are the responsibility of the User. He is solely responsible for the proper functioning of his computer equipment and his internet access.
The purchase of Products from Craftsmen is chargeable in accordance with the article "financial provisions" of these T & Cs of the Platform.
Any User can access, consult or use all or part of the Platform. Any User can also subscribe to the newsletter of 58 Facettes.
To be able to buy Products on the Platform, the User must be:
- a natural person, over 18 years of age and, more generally endowed with the capacity to contract;
- a legal person, of which the 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 phone number and email address.
3.2. Creation of a Personal Account
To be able to buy Products on the Platform, the User must create a Personal Account.
The creation of a Personal Account allows the User to:
- manage personal information (postal address, email address, password);
- place an Order for Products on the Platform;
- contact the Craftsmen from whom an order has been placed;
- contact customer service 58 Facettes ;
- request an invoice;
- note the Products and the Craftsmen.
The User can create a Personal Account:
- by clicking on the “Registration"
To create his Personal Account, the User must enter (i) a valid email address and (ii) a password which does not infringe the rights of third parties. He undertakes to keep his password confidential.
The User may at any time request the deletion of his Personal Account.
3.3 Refusal of access to the Platform
In general, when creating his Personal Account, the User undertakes to enter the data which allow his identification under his full responsibility, control and direction and undertakes to communicate complete, accurate and up-to-date information, and not to usurp the identity of a third party, nor to hide or change their age.
The User also undertakes to:
- provide authentic, accurate and complete information as to his identity, address and other data necessary for access to the Platform, such as not to induce 58 Facettes or the Craftsmen or any third party in error;
- update any changes to this information;
- not to access a Personal Account belonging to another User;
- take all the necessary measures to protect their usernames and passwords as well as their own data against any attacks.
58 Facettes reserves the right to suspend or refuse access, without notice or compensation, temporarily or permanently, to all or part of the Platform, and / or its Services and content in the event of serious violation (s) and / or repeated by the User of the stipulations of these T & Cs, in particular, and without this list being exhaustive, in the event of false, inaccurate, incomplete or outdated information being provided, or in the event of fraud against means of payment, attempted fraud or any other criminal offense.
3.4. Platform availability
58 Facettes makes its best efforts to ensure the availability of the Platform. 58 Facettes does not guarantee that the Platform will work in any operating environment and that it will be usable at all times, without interruption or error, nor that all errors can be corrected. The availability of the Platform is subject to a simple obligation of means.
As the Platform is constantly evolving, it is subject to occasional changes and / or temporary or permanent interruptions without notice, in particular for maintenance reasons. The responsibility of 58 Facettes can in no way be committed in the event of unavailability of the Platform due to these changes.
In this context, 58 Facettes reserves the right to interrupt, temporarily suspend or modify access to all or part of the Platform without notice, in order to ensure its maintenance, or for any other reasons, without the interruption giving rise to the right no obligation or compensation.
ARTICLE 4 - USER BEHAVIOR
4.1. General behavior of Users
The User declares and acknowledges that all information, data, texts, messages or all other content that he publishes within the Platform (hereinafter “Contributions”) Are under its full and sole responsibility.
The User undertakes not to publish any Contributions contrary to the laws and regulations in force.
In particular, the User refrains from:
- disseminate information contrary to public order or good morals,
- to divert the purpose of the Platform and / or the Services to carry out propaganda or proselytism, prospecting or soliciting,
- to publish information of a commercial, advertising or propaganda nature in favor of tobacco, alcohol, or any other regulated substance, product or service,
- disseminate Contributions that violate the rights of third parties or are defamatory, abusive, obscene, pornographic, offensive, violent or inciting discrimination, political, racist, xenophobic, sexist or homophobic violence,
- to publish information violating the legislation on the protection of personal data allowing the identification of natural persons without their consent, in particular their last name, postal and / or electronic address, telephone, photograph, sound or audiovisual recording, or to collect and store personal data relating to other Users,
- fraudulently access the Platform and the Services, as indicated in the General Conditions of Use of the Platform,
- to transmit any message containing computer viruses or any other code, file or program designed in particular to interrupt, destroy or limit the functionality in particular of any software, computer, or telecommunications tool,
- to harass in any way whatsoever another or several other Users,
- to provide information referring to other sites (whether by the creation of hypertext links or by the simple provision of information) whose content would be likely to contravene any law or regulation in force, and in particular would be likely to affect infringement of the rights of persons and goods and / or of intellectual property rights.
The User also refrains from infringing on the intellectual property rights of third parties. The User undertakes to comply with the laws and regulations in force and to use only content for which he has the rights, or for which the rights holder has given his express consent for their distribution, or which are free to use. straight ahead.
The User undertakes, where applicable, to indemnify 58 Facettes any damage directly or indirectly related to non-compliance with this guarantee.
4.2. Fraudulent behavior
Any User who acts in fraud of these General Conditions of Use is liable to civil and criminal proceedings which punish in particular infringements of copyright, neighboring rights, the rights of database producers as well as of data systems. automated data processing.
Procedures may be initiated by 58 Facettes against the User who does not respect these provisions.
ARTICLE 5 - ORDERING PROCESS
The Order process within the Platform takes place according to the following steps, for Products in stock or made to order.
1. To order a Product, the User must select the desired Product and click on the " Add to basket ". He can add other Products or finalize his Order by accepting these General Conditions of Use and clicking on « Proceed to payment ». At each step, the User has a summary of his basket.
2. The User must then enter his information relating to the delivery: last name, first name, delivery address, email address and telephone number. To continue with his Order, the User must click on the " Continue to shipping method ».
3. At this step, the User must select the desired shipping method. By default, free shipping is selected. To continue with his Order, the User must click on the " Continue to payment method ».
4. The User must then enter his payment information, his billing address (by default the delivery address) and click on the button « Pay now " Where " Validate payment »Depending on the payment method selected.
5. When payment for his Order is validated, the Buyer is redirected to an Order confirmation page and receives an Order confirmation email.
For tailor-made products, the Buyer and the Craftsman agree on a quote, the Buyer then proceeds to payment of the full amount of the Order via the payment link provided by 58 Facettes. 50% of the amount due to the Craftsman is returned to him so that he can start creating the Product. Once the Product has been delivered (authentic tracking number or confirmation of delivery by hand), the remaining 50% due to the Craftsman is paid to him.
The sales contract is formed between the Buyer and the Craftsman at the time of payment by the User for his Order.
ARTICLE 6 - FINANCIAL PROVISIONS
6.1. Sale price and payment terms
The selling prices of the Products on the Platform are indicated in euros, all taxes included, but do not include the delivery costs which will be indicated to the User during the purchase process, before the final validation of his Order. Delivery is offered throughout the site for the following destinations: Metropolitan France, Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden.
For the rest of the world, shipping costs apply and taxes and customs duties are the responsibility of the buyer.
The Craftsmen freely set the prices of the Products they market through the Platform. More particularly, in the event of price reduction announcements, the Craftsman freely determines the reference price, the price reduction and the reduced price announced. The User is informed that 58 Facettes does not check the reality and the fairness of the reference price determined by the Craftsman.
The Buyer pays for his Orders directly with 58 Facettes, according to the payment methods available on the Platform.
Payment for Orders placed via the Platform is made to 58 Facettes or to payment providers, who collect the funds on behalf of the Craftsman.
Any Order from a Buyer who has not fully or partially settled a previous Order or with whom a payment dispute is being administered may be refused.
For each sale of a Product, the Buyer will be able to access his invoice which will be:
- either included in the delivery package,
- either sent by email to the Buyer when confirming his Order,
- or sent by email on request.
In the context of a delivery outside mainland France, the provisions of the General Tax Code relating to VAT are applicable. The Order will then be subject to customs duties and any taxes, including 58 Facettes will not be responsible or in charge of the terms.
6.3. Buyer's reimbursement terms
58 Facettes uses the same means of payment as that which the Purchaser used when placing his Order to reimburse the Purchaser, whatever the reason for reimbursing the Order.
ARTICLE 7 - DELIVERY OF PRODUCTS BY ARTISANS
7.1. Shipping cost
Shipping costs are offered by 58 Facettes for any delivery in the following destinations: Metropolitan France, Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal , Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden.
For the rest of the world, shipping costs apply and taxes and customs duties are the responsibility of the buyer.
7.2. Terms of delivery
The Buyer is informed that the Products can only be delivered to him if:
- the Craftsman offers delivery to the country of destination indicated in the delivery address by the Buyer when placing his Order;
- the Buyer has a valid delivery address in the country of destination indicated in the delivery address by the Buyer when placing his Order;
- or, if he is able to collect the Products, by his own means, from a Craftsman located in mainland France.
The Products are delivered by the Craftsman to the address indicated by the Purchaser when ordering.
7.3. Receipt of Products
The Purchaser must check the condition of the Products upon receipt in order to confirm their compliance with the Order.
When verification of the Product is possible at the time of delivery, the Purchaser must immediately make reservations about the condition of the package and the Product, with the carrier if the Product or its packaging has been damaged during transport.
7.4. Delay / lack of delivery
In the event of delay, total or partial non-receipt of the Product (s) ordered, the Purchaser is invited to contact 58 Facettes from the agreed delivery date in order to deal with the problem.
7.5. Product returned to the Craftsman
If a Product is returned to the Craftsman for a reason such as “unclaimed” or “does not live at the address indicated”:
- the Purchaser is reimbursed for the price of his Order (excluding the cost of returning the Product); and or
- - in the event of agreement between the Buyer and the Craftsman, the Product is returned to the Buyer. 58 Facettes will bear the payment of the corresponding costs (costs of returning the product and reshipment costs).
At the expiration of a period of one month without news from the Purchaser, the Products will no longer be shipped, without this giving rise to the right to refund, exchange or compensation.
7.6. Responsibility of the Craftsman
The Craftsman is fully responsible towards the Buyers for the execution of Orders placed through the Platform and in particular for the proper delivery of the Products by his carriers.
Consequently, the Craftsman is fully responsible towards the Buyers for any problem related to the delivery (late delivery, error on the delivered Product, breakage of the Product during transport, Product never delivered due to a theft, an error on the part of the Craftsman and / or the carrier he called upon, etc.), except in the event of an error attributable to 58 Facettes when communicating Order information to the Craftsman.
ARTICLE 9 - RIGHT OF WITHDRAWAL
The Purchaser has a period of thirty (30) calendar days from the date of delivery of the Product to exercise his right of withdrawal without having to justify reasons, nor to pay penalties. Return costs are the responsibility of 58 Facettes.
The jewels must be unworn, in their original condition, and without any trace or mark.
Products made to order or made to measure are not eligible for withdrawal, and cannot be returned in this context.
Each refund will be made through 58 Facettes in agreement with the Craftsman.
ARTICLE 10 - NON-CONFORMING, INCOMPLETE OR DEFECTIVE PRODUCTS
10.1. Receipt of a non-conforming, incomplete or defective Product
In the event of receipt of a damaged, defective, incomplete or non-compliant package, the Buyer is invited to contact 58 Facettes in order to deal with the problem.
10.2. Legal guarantees
The Craftsman acting in a professional capacity undertakes to respect the legal and regulatory provisions relating to the exercise of a commercial activity of distance selling.
As such, and with the exception of the contractual guarantee offered, the Craftsman is bound by the legal guarantee of conformity mentioned in Articles L. 217-4 et seq. Of the Consumer Code and the legal guarantee against hidden defects such as than provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
Each refund, for any reason whatsoever will be made through 58 Facettes, who will have the right to refuse it, in agreement with the Craftsman.
58 Facettes can not be engaged in any way whatsoever in the guarantees assumed by the Craftsmen.
ARTICLE 13 - NEWSLETTER
Any User who does not have a Personal Account who wishes to receive the newsletter of 58 Facettes must register online. To subscribe to the newsletter, the User must enter his email address in the corresponding field.
ARTICLE 14 - INTELLECTUAL PROPERTY
14.1. Content of the Platform
Any use, reproduction, copy, distribution of one or more elements of the Platform for any use other than private use is prohibited.
All the contents 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, navigation plan, design and organization of its sections, their titles, existing or future, are protected by intellectual and / or industrial property rights, owned or claimed by 58 Facettes, with the authorization of the holders of these rights, and where applicable of the Craftsmen and / or their Partners.
58 Facettes grants any User, on a non-exclusive, personal and non-transferable basis, the right to use the Platform and the Services for their sole needs. This right is granted for the duration of the Use of the Platform. This concession of rights does not entail the transfer of any intellectual and / or industrial 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 altering the brands, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements provided by 58 Facettes and more generally to use or exploit these elements.
14.2. Data base
58 Facettes is the producer and owner of all or part of the databases, their structure and their content, making up the Platform, subject to the rights held by the Craftsmen and / or the Partners, each as far as it is concerned.
By accessing the Platform, the User acknowledges that the data composing it are legally protected, and that they are prohibited in particular from extracting, reusing, storing, reproducing, representing or conserving, 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 systematically of qualitatively and quantitatively insubstantial parts, when these operations manifestly exceed the conditions of normal use.
58 Facettes in particular owns trademark rights to the term “58 Facettes”And the associated logo (s) in Metropolitan France. Unless expressly authorized in advance, any use of the mark “58 Facettes”As well as all other marks, figurative or not, belonging to 58 Facettes or to third parties exposes the User to criminal and civil proceedings.
14.4. Contents of Product Sheets
The contents of the Product Sheets, including in particular all the photographs, texts, illustrations, images, and / or videos describing the Products marketed within the Platform, are put online by the Craftsmen under their sole responsibility.
58 Facettes consequently declines any responsibility in the event that the contents of the Product Sheets provided by the Craftsmen infringe the rights of third parties.
In the event of a proven infringement of the rights of a third party due to the publication of all or part of a Product Sheet on the Platform, 58 Facettes undertakes to make its best efforts to put an end to this infringement promptly, as soon as it has been brought to its attention, and to remove the disputed content from the Platform.
ARTICLE 15 - ROLE AND RESPONSIBILITY OF 58 FACETTES
58 Facettes, as a Platform operator, acts as a simple intermediary for connecting Craftsmen and Users on the Platform.
In application of the law n ° 2004-575 of June 21, 2004 for confidence in the digital economy (hereinafter the “LCEN”), in its capacity of host, 58 Facettes cannot be held liable for the activities or information stored within the Platform if it is not actually aware of their unlawful nature or of facts and circumstances showing this nature or if, from the moment it was aware of it, under the conditions provided for by LCEN, it acted promptly to remove this data or make access impossible to it.
Accordingly, the responsibility of 58 Facettes cannot be engaged due to:
- Product Sheets and Craftsmen Pages, and more broadly all the content and / or information provided by Craftsmen both on the characteristics of the Products, as well as on their condition or their price, Craftsmen being solely responsible for the proper performance of their obligations legal pre-contractual information to Buyers as well as the veracity, completeness and updating of the information and content that it provides, except proven fault of 58 Facettes ;
- advice given through our Concierge
In addition, 58 Facettes is not subject to a general obligation to monitor the information transmitted by the Craftsmen and stored within the Platform on their behalf.
Finally, it is recalled that:
- the Products are marketed by the Craftsmen within the Platform under their sole responsibility;
- 58 Facettes is not a party to the sales contract concluded between the Buyers and the Craftsmen when placing an Order.
Consequently, 58 Facettes can not be held responsible for any disputes in connection with Orders placed through the Platform, except proven fault.
58 Facettes declines all responsibility:
- in the event of deletion, impossibility of storage, incorrect transmission or inappropriate transmission of information or data appearing on the Platform or resulting from the Services;
- in the event of damage caused to the User related to the performance or non-performance of the Platform Services;
- in the event of damage likely to result from the downloading or use of information or data available on the Internet via the Platform Services, such as damage to computer systems, loss of data.
ARTICLE 16 - PERSONAL DATA
When browsing the Platform and using the Services offered therein, personal data concerning Users are collected and processed by 58 Facettes.
For more information on the processing of personal data carried out in this context, you can consult our data protection policy.
ARTICLE 17- REPORTING CONTENT
58 Facettes has set up a system allowing any User to bring to his attention any publication on the Platform of a contentious nature of which he is aware, in particular any content relating to the repression of the apology for crimes against humanity, of provocation to the commission of acts of terrorism and their apology, of incitement to racial hatred, to hatred against people on account of their sex, their sexual orientation or identity or their disability as well as their child pornography, incitement to violence (including incitement to sexual and gender-based violence), as well as outrages upon personal dignity, in order to allow the removal of the content in question.
Any User can also ask 58 Facettes the removal of content protected by intellectual property rights.
To request the removal of content, the User must send a letter to the legal department of 58 Facettes SAS at the address 8-10 allée Joseph Récamier, 75015 Paris, in which he provides the following information:
- for natural persons: their name, first name, domicile and telephone number;
- for legal persons: their name, company name, address, telephone number and the identity of their legal representative;
- the description of the disputed content;
- the reasons for the contentious content, including the mention of legal provisions and justifications of facts;
- the date on which the content in dispute was noted;
- the URL of the contentious content.
It is recalled that the fact, for any person, to present to a host a content or an activity as being illegal in order to obtain the withdrawal or to stop the distribution, when he knows this information is inaccurate , is punished by one year's imprisonment and a fine of 15.000 euros.
ARTICLE 18 - GENERAL PROVISIONS
Any notification from a User, to be admissible, must be detailed, clearly indicate the reasons for the dissatisfaction and be sent to 58 Facettes by simple letter, by e-mail or via his Personal account.
The parties cannot be held liable for any delay or non-performance when they are linked to a case of force majeure, as defined by the texts or, more generally, by constant case law.
The fact that any clause of the General Conditions of Use becomes null, unenforceable, null and void, illegal or inapplicable as a result of a law, a regulation or following a court decision, cannot call into question the validity, legality, and applicability of the other stipulations of the T & Cs and will not exempt the User from the performance of his non-invalidated contractual obligations.
ARTICLE 19 - DISPUTES AND APPLICABLE LAW
These T & Cs of the Platform are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
Pursuant to article L 141-5 of the Consumer Code, the consumer can seize at his choice, in addition to one of the jurisdictions having territorial jurisdiction under the Code of Civil Procedure, the jurisdiction of the place where he was living at the time of the conclusion of the contract or the occurrence of the harmful event.
APPENDIX 1 - WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from this contract.
For the attention of [Indicate the name and address of the Craftsman, as appearing on the order confirmation]
I / We (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the property below:
Ordered on / Received on (*)
Name of consumer (s)
Address of consumer (s)
Signature of consumer (s) (only if this form is notified on paper)
(*) Remove the useless phrase