(Version of 25/08/2023)
These General Conditions of Use are up to date as of August 25 2023.
These conditions replace all previous versions of the General Conditions of Use of 58 FACETTES.
PREAMBLE
The society 58 FACETTES (hereinafter “58 Facettes”), operates a website (hereinafter “the platform”) allowing individuals and professionals (hereinafter “the buyers”) to be put in contact with professional sellers (hereinafter "THE Sellers”) 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 Sellers within the Platform.
The majority of Products are shipped and delivered to Buyers by Sellers, under their sole responsibility. Some Products are shipped by 58 Facettes.
ARTICLE 1: ACCEPTANCE AND MODIFICATION OF THE GENERAL CONDITIONS OF USE
The General Conditions of Use of the Platform (hereinafter the “CGU”) are intended to define the conditions of access and use of the Platform and its Services.
Any use of the Platform and Services implies prior, express and unreserved acceptance by the User of the T&Cs. The User is informed and acknowledges that by clicking, when creating their 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 Terms and Conditions of the Platform may be modified at any time, unilaterally by 58 Facettes in particular to comply with any developments in its Services or any legal, jurisprudential, editorial and/or technical developments. 58 Facettes undertakes to inform the User of modifications made to the Services and/or the T&Cs by email or by means of a special notice displayed 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 Product by a Buyer from one or more Sellers through the Platform.
Personal account : designates the personal space of the Buyer in which he can access, after having identified himself, his personal information, his purchase history and the lists of Products that he has added to his list of Coups of heart.
Product Sheet : designates the descriptive sheet of each Product marketed within the Platform, composed of photographs, texts, illustrations, images, and/or videos transmitted by each Seller to 58 Facettes for the description of the Products it markets.
Identifiers : designate the email address and password chosen by the User allowing their identification and access to the Services. 58 Facettes.
Basket : designates the location allowing the User to select Products for an Order.
Partners: designate any legal entity with which 58 Facettes entered into a partnership.
Price : designates the total price of the Product all taxes included, payable by the Buyer, not including shipping costs defined as a flat rate depending on the shipping method.
Services : designate all the functionalities made available to Users by 58 Facettes and available within the Platform.
User : refers to any person who uses the Platform or its Services.
ARTICLE 3 – CONDITIONS AND TERMS 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 access to the internet are the responsibility of the User. He is solely responsible for the proper functioning of his computer equipment and his access to the internet.
The purchase of Products from Sellers is subject to payment in accordance with the “financial provisions” article of these Platform Terms and Conditions.
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 purchase Products 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 head office, its number telephone number and email address.
3.2. Creation of a Personal Account
To be able to purchase Products on the Platform, the User must create a Personal Account.
Creating a Personal Account allows the User to:
- manage your personal information (postal address, email address, password);
- place an Order for Products on the Platform;
- contact the Sellers with whom an order has been placed;
- contact customer service 58 Facettes ;
- request an invoice;
- note the Products and Sellers.
The User can create a Personal Account:
- by clicking on the tab “Registration”
To create their Personal Account, the User must provide (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 request the deletion of their Personal Account at any time.
3.3 Refusal of access to the Platform
Generally speaking, when creating their Personal Account, the User undertakes to enter the data which allows their identification under their 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 modify their age.
The User also undertakes to:
- provide authentic, accurate and complete information regarding their identity, address and other data necessary for access to the Platform, such as not to induce 58 Facettes or the Sellers or any third parties in error;
- update any changes to this information;
- not access a Personal Account belonging to another User;
- take all necessary measures to protect your usernames and passwords as well as your 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(s) by the User of the stipulations of these T&Cs, in particular, and without this list being exhaustive, in the event of provision of false, inaccurate, incomplete or outdated information, or in the event of fraud in the means of payment, attempted fraud or any other criminal offense.
3.4. Availability of the Platform
58 Facettes makes its best efforts to ensure the availability of the Platform. 58 Facettes does not guarantee that the Platform works in any operating environment and is usable at all times, without interruption or error, or 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, particularly for maintenance reasons. The responsibility of 58 Facettes cannot be held responsible 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 without notice access to all or part of the Platform, in order to ensure its maintenance, or for any other reasons, without the interruption giving rise to rights under 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 any other content that he publishes within the Platform (hereinafter “Contributions”) are under his sole responsibility.
The User undertakes not to publish Contributions contrary to the laws and regulations in force.
In particular, the User is prohibited from:
- to 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,
- to disseminate Contributions that contravene the personality rights of third parties or are defamatory, insulting, obscene, pornographic, offensive, violent or inciting discrimination, political violence, racist, xenophobic, sexist or homophobic,
- to publish information contravening 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 number, photograph, sound or audiovisual recording, or to collect and store personal data relating to other Users,
- to 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 of any software, computer, or telecommunications tool,
- to harass in any way 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 harm infringement of the rights of persons and property and/or intellectual property rights.
The User also undertakes not to infringe the intellectual property rights of third parties. The User undertakes to respect the laws and regulations in force and to only use content for which he has the rights, or for which the rights holder has given express consent for their distribution, or which are free to straight ahead.
The User undertakes, where applicable, to compensate 58 Facettes any damage directly or indirectly linked to non-compliance with this guarantee.
4.2. Fraudulent behavior
Any User who acts in violation of these General Conditions of Use is exposed to civil and criminal proceedings which repress in particular infringements of copyright, related rights, the rights of database producers as well as of systems of automated data processing.
Procedures may be initiated by 58 Facettes against the User who does not respect these provisions.
ARTICLE 5 – ORDER PROCESS
The Order process within the Platform takes place according to the following steps:
1. To order a Product, the User must select the desired Product and click on the “ Add to Cart ". He can add other Products or finalize his Order by accepting these General Conditions of Use and clicking on « Proceed to payment ». At each stage, the User has a summary of their basket.
2. The User must then provide their delivery information: name, first name, delivery address, email address and telephone number. To continue their Order, the User must click on the button “ Continue to shipping method ».
3. At this step, the User must select the desired shipping method. By default, free shipping is selected. To continue their Order, the User must click on the button “ Continue to payment method ».
4. The User must then enter their payment information, their billing address (by default the delivery address) and click on the button « Pay now " Or " Validate payment » depending on the payment method selected.
5. When payment for their Order is validated, the Buyer is redirected to an Order confirmation page and receives an Order confirmation email.
The sales contract is formed between the Buyer and the Seller at the time of payment by the User of his Order.
ARTICLE 6 – FINANCIAL PROVISIONS
6.1. Sale price and payment terms
The Sales Prices of the Products on the Platform are indicated in euros, all taxes included, but do not include delivery costs which will be indicated to the User during the purchasing process, before the final validation of their Order. Delivery is offered throughout the site for the following destinations: mainland France, Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, 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. Delivery is not possible to the UK.
Sellers freely set the prices of the Products that they market through the Platform. More particularly, in the event of price reduction announcements, the Seller freely determines the reference price, the price reduction and the announced reduced price. The User is informed that 58 Facettes does not control the reality and fairness of the reference price determined by the Seller.
The Buyer pays for his Orders directly with 58 Facettes, according to the payment methods available within the Platform.
Payment for Orders placed via the Platform is made at 58 Facettes or to payment providers, who collect funds on behalf of the Seller.
Any Order from a Buyer who has not fully or partially paid a previous Order or with whom a payment dispute is being administered may be refused.
6.2. Billing
For each Product sale, the Buyer will be able to access their invoice which will be:
- is included in the delivery package,
- is sent by email to the Buyer upon confirmation of their Order,
- be sent by email upon request.
In the context of a delivery outside mainland France, the provisions provided for by the General Tax Code relating to VAT are applicable. The Order will then be subject to customs duties and possible taxes, including 58 Facettes will neither be responsible nor in charge of the terms.
6.3. Buyer's reimbursement terms
58 Facettes uses the same means of payment that the Buyer used when placing their Order to reimburse the Buyer, whatever the reason for reimbursement of the Order.
ARTICLE 7 – DELIVERY OF PRODUCTS BY SELLERS
7.1. Shipping cost
Delivery costs are offered by 58 Facettes for any delivery within the following destinations: mainland 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, Slovakia, Slovenia, Sweden.
For the rest of the world, shipping costs apply and taxes and customs duties are the responsibility of the buyer. Delivery is not possible to the UK.
7.2. Delivery terms
The Buyer is informed that the Products can only be delivered to him if:
- seller offers delivery to the country of destination indicated in the delivery address by the Buyer when placing the Order;
- the Buyer has a valid delivery address in the country of destination indicated in the delivery address by the Buyer when placing the Order;
- or, if he is able to collect the Products, by his own means, from a Seller located in mainland France.
The Products are delivered by the Seller to the address indicated by the Buyer when placing the Order.
7.3. Receipt of Products
The Buyer 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 Buyer 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. Late/no delivery
In the event of delay or total or partial non-receipt of the Product(s) ordered, the Buyer is invited to contact 58 Facettes from the agreed delivery date in order to deal with the problem.
7.5. Product returned to Seller
If a Product is returned to the Seller for a reason such as “unclaimed” or “does not live at the address indicated”:
- the Buyer is reimbursed the price of his Order (excluding Product return costs); and or
- – in the event of agreement between the Buyer and the Seller, the Product is returned to the Buyer. 58 Facettes will bear the payment of the corresponding costs (product return costs and reshipping costs).
At the end of a period of one month without news from the Buyer, the Products will no longer be shipped, without this giving rise to the right to reimbursement, exchange or compensation.
7.6. Responsibility of the Seller
Seller is automatically responsible towards Buyers for the execution of Orders placed through the Platform and in particular for the proper delivery of the Products by its carriers.
Consequently, the Seller is automatically responsible towards Buyers for any problem linked to delivery (delay in delivery, error on the Product delivered, breakage of the Product during transport, Product never delivered due to theft, an error from the Seller and/or the carrier he used, etc.), except in the event of an error attributable to 58 Facettes when communicating Order information to the Seller.
ARTICLE 8 – RIGHT OF WITHDRAWAL
For online purchases on the website 58 Facettes, the Buyer has a period of fourteen (14) calendar days from the day of delivery of the Product to exercise your right of withdrawal without having to provide reasons or pay penalties. Return costs are the responsibility of 58 Facettes.
Once the withdrawal request has been made, the Buyer has a maximum period of fourteen (14) calendar days to return the product(s) to the Seller.
The jewelry must be unworn, in its original condition, and without any trace or mark.
Jewelry that has been personalized or modified (engraving, resizing, etc.) is not eligible and cannot be returned in this context. Likewise, purchases made directly in store are not eligible for withdrawal.
Each refund will be made through 58 Facettes in agreement with the Seller.
ARTICLE 9 – NON-CONFORMING, INCOMPLETE OR DEFECTIVE PRODUCTS
9.1. Receipt of a non-compliant, 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.
9.2. Legal guarantees
Seller acting in a professional capacity, undertakes to comply with the legal and regulatory provisions relating to the exercise of a commercial distance selling activity.
As such, and with the exception of the proposed contractual guarantee, the Seller 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 as provided for in articles 1641 to 1648 and 2232 of the civil code.
Each refund, for whatever reason, will be made through 58 Facettes, who will be entitled to refuse it, in agreement with the Seller.
58 Facettes cannot be committed in any way whatsoever to the guarantees assumed by the Sellers.
ARTICLE 10 – NEWSLETTER
Any User who does not have a Personal Account who wishes to receive the newsletter from 58 Facettes must register online. To subscribe to the newsletter, the User must enter their email address in the corresponding field.
ARTICLE 11 – INTELLECTUAL PROPERTY
11.1. 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 58 Facettes, with the authorization of the holders of these rights, and where applicable the Sellers and/or its Partners.
58 Facettes grants to 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 grant 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 from altering the brands, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available by 58 Facettes and more generally to use or exploit these elements.
11.2. Data base
58 Facettes 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 the Partners, each as far as it concerns itself.
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.
11.3 Trademarks
58 Facettes notably holds trademark rights to the term “58 Facettes” and the associated logo(s) in Metropolitan France. Unless expressly authorized in advance, any use of the brand “58 Facettes” as well as all other brands, figurative or not, belonging to 58 Facettes or third parties exposes the User to criminal and civil prosecution.
11.4. Contents of Product Sheets
The contents of the Product Sheets, including in particular all photographs, texts, illustrations, images, and/or videos describing the Products marketed within the Platform, are posted online by the Sellers under their sole responsibility.
58 Facettes consequently declines all responsibility in the event that the contents of the Product Sheets provided by the Sellers 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 within the Platform, 58 Facettes undertakes to make its best efforts to promptly stop this infringement, as soon as it has been brought to its attention, and to remove the content in question from the Platform.
ARTICLE 12 – ROLE AND RESPONSIBILITY OF 58 FACETTES
58 Facettes, as Platform operator, acts as a simple intermediary to connect Sellers and Users on the Platform.
In application of law n°2004-575 of June 21, 2004 for confidence in the digital economy (hereinafter the “LCEN”), in its capacity as host, 58 Facettes cannot be held civilly liable as a result of activities or information stored within the Platform if it is not actually aware of their illicit nature or of facts and circumstances making this nature apparent or if, from the moment it became aware of it, under the conditions provided for by the LCEN, it acted promptly to remove this data or make access to it impossible.
Consequently, the responsibility of 58 Facettes cannot be engaged due to:
- Product Sheets and more broadly all content and/or information provided by Sellers both on the characteristics of the Products, as on their condition or their price, the Sellers being solely responsible for the proper execution of their legal obligations of pre-contractual information to Buyers as well as for the veracity, completeness and updating of the information and content it provides, unless proven fault of 58 Facettes ;
- advice given through our Concierge
Furthermore, 58 Facettes is not subject to a general obligation to monitor the information transmitted by Sellers and stored within the Platform on their behalf.
Finally, it is recalled that:
- the Products are marketed by the Sellers within the Platform under their sole responsibility;
- 58 Facettes is not a party to the sales contract concluded between the Buyers and the Sellers when placing an Order.
Consequently, 58 Facettes cannot be held responsible for any disputes relating to Orders placed through the Platform, unless proven fault.
58 Facettes declines all responsibility:
- in the event of deletion, impossibility of storage, incorrect transmission or untimely transmission of information or data appearing within the Platform or resulting from the Services;
- in the event of damage caused to the User linked 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 caused to computer systems, loss of data.
ARTICLE 13 – PERSONAL DATA
When browsing the Platform and using the Services offered there, 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 14 – REPORT CONTENT
58 Facettes has set up a system allowing any User to bring to their attention any publication on the Platform of a contentious nature of which they are aware, in particular any content relating to the repression of the apology of crimes against humanity, of provocation to the commission of acts of terrorism and their apology, incitement to racial hatred, hatred towards people based on their sex, their sexual orientation or identity or their disability as well as child pornography, incitement to violence (in particular incitement to sexual and gender-based violence), as well as attacks on human dignity, in order to allow the content in question to be removed.
Any User may also request 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 15 rue Vignon, 75008 Paris, in which it provides the following information:
- for natural persons: their last name, first name, address and telephone number;
- for legal entities: their name, company name, address, telephone number and the identity of their legal representative;
- 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 contentious content was noted;
- the URL address of the disputed content.
It is recalled that the fact, for any person, of presenting content or an activity as illicit to a host with the aim of obtaining its removal or stopping its distribution, when he or she knows this inaccurate information , is punishable by one year's imprisonment and a fine of 15,000 euros.
ARTICLE 15 – GENERAL PROVISIONS
Any notification from a User, to be admissible, must be detailed, clearly indicate the reasons for the dissatisfaction and be transmitted to 58 Facettes by simple letter, by e-mail or via your personal account.
The parties cannot be held liable for any delay or non-performance when linked to a case of force majeure, as defined by the texts or, more generally, by established case law.
The fact that any clause of the General Conditions of Use becomes void, unenforceable, obsolete, illegal or inapplicable due to a law, a regulation or following a court decision, cannot call into question the validity, legality, applicability of the other stipulations of the T&Cs and will not exempt the User from the execution of their non-invalidated contractual obligations.
ARTICLE 16 – DISPUTES AND APPLICABLE LAW
These General Terms and Conditions 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 be authentic in the event of a dispute.
Pursuant to article L 141-5 of the Consumer Code, the consumer may, at his choice, refer, in addition to one of the territorially competent courts under the code of civil procedure, the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.
ANNEX 1 – WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from this contract.
To the attention of [Insert the name and address of the Seller, as shown on the order confirmation]
I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:
Ordered on/Received on (*)
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if this form is notified on paper)
Date
(*) Remove the useless phrase