General Terms and Conditions
Article 1: Preamble
These conditions are concluded between, on the one hand, the CESAREE website, managed by the company CESAREE whose head office is located at 42, ave de l'Ile Verte – 83700 SAINT-RAPHAEL, and on the other hand, people wishing to make a purchase via the CESAREE website www.cesareebijoux.com hereinafter referred to as "the user".
These conditions apply exclusively to non-commercial individuals.
Consequently, the resale or transfer, of any nature whatsoever, of products purchased on the website is strictly prohibited.
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any conditions previously available on the site. If a condition were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France. Site management www.cesareebijoux.com undertakes to respect all the provisions of the Consumer Code relating to distance selling.
Article 2: Application
These general conditions apply to any sale of products presented on the site. www.cesareebijoux.com . Any order placed on the site therefore entails unreserved acceptance of these conditions.
Only the buyer can take advantage of these conditions, and in particular the provisions relating to the guarantee. These general conditions may be modified at any time and without notice by the management of the site. www.cesareebijoux.com , the modifications then being applicable only to orders placed after their implementation date.
These general conditions of sale are permanently accessible via the site in computer formats allowing them to be printed, so that the consumer can reproduce them. These conditions aim to define the terms of sale between CESAREE and the user, from the order to the services, including payment and delivery. They regulate all the steps necessary for placing the order and ensure the monitoring of this order between the contracting parties.
Article 3: Products
3.1: Price - Shipping costs
Prices are displayed in euros, all taxes included. They are subject to French value added tax, and any change in the legal rate of this tax will be reflected in the price of the products presented on the site. www.cesareebijoux.com on the date stipulated by the applicable legislative or regulatory text.
Two types of countries must be distinguished:
European community countries covered by colissimo tracking.
For all sales shipped to these countries, the VAT of the country of departure is retained for sales to end consumers. It is therefore French VAT which applies at the rate of 20.00% of the price excluding taxes, to which are added shipping costs.
Other countries covered by colissimo. For these countries outside the European zone, the prices announced on the site are inclusive of tax (VAT at the rate of 20.00%) and increased by shipping costs. They do not include customs fees that the buyer must pay upon receipt of the goods.
Prices are subject to change at any time, particularly due to an introductory offer, promotions or sales.
In the event of cancellation of an order after shipment, shipping and return shipping costs are the responsibility of the customer and will therefore be deducted from the amount of the reimbursement made by the company CESAREE, which will take place within 30 days following the day of cancellation and in any case always after receipt of the goods by CESAREE.
3.2: Availability
The products offered on the site www.cesareebijoux.com are only available while stocks last. The availability times mentioned in the product description are for information purposes only and depend in particular on the material suppliers' own lead times.
Under these conditions, the definitive unavailability or possible postponement of these availability times cannot in any way engage the responsibility of the management of the site. www.cesareebijoux.com , nor can it give rise to any right to compensation or damages in favor of the consumer.
In the event of temporary unavailability of a product, the site team www.cesareebijoux.com will inform the consumer, as soon as possible, of the new deadlines applied. If this unavailability continues for too long, the site team will do its best to offer the consumer an equivalent product or, failing that, will provide a refund in the form of vouchers or cancel the order and reimburse the consumer. .
3.3: Compliance
Products offered for sale on the site www.cesareebijoux.com comply with the standards applicable in France. Elements such as photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the products are not contractual, the internet browsers or screens used may distort the images and colors of the products.
Consequently, the management of the site www.cesareebijoux.com cannot incur any liability in the event of an error or omission of any of these elements or in the event of modification of said elements.
Article 4: Conclusion of the contract
In all cases, the sales contract is only deemed concluded at the time of debiting the consumer's account for payment cards, and the date on which the money is actually credited to CESAREE's bank account in the event payment by bank check.
4.1: Order
The products for sale are presented on the site www.cesareebijoux.com and accompanied by a description. The consumer wishing to purchase one of these products can click on its graphic representation.
This product is added to his shopping basket already containing, where applicable, other items which the consumer wishes to purchase and previously placed by him in his shopping basket. When the consumer intends to finalize their order, they can click on the “Payment” button
He is then directed to a page offering a summary of delivery information. He then has the option of continuing to payment or returning to the delivery information to modify it. In this way, they will also be able to return to their shopping cart without the order being validated to modify or cancel it.
If the summary containing the prices of the products and the delivery costs as announced elsewhere on the site www.cesareebijoux.com suit them, the consumer can enter their delivery and billing details then click either on Paypal or credit card in order to make the payment securely, or on Check. The consumer's bank details are therefore at no time in the possession of the management of the site www.cesareebijoux.com ; their conservation and maintenance of their integrity is therefore the responsibility of the banking establishment. Once the payment has been validated by the consumer, they have the possibility of returning to the site www.cesareebijoux.com or not.
Once payment has been validated, the site team sends the consumer a summary of their order by email including details of the items ordered, the total price including tax including the amount of delivery costs.
4.2: Payment
The consumer expressly declares that he has all the necessary authorizations to use the payment method he chose when validating his order.
He further undertakes to ensure his solvency before any order, at fault for the site team www.cesareebijoux.com to be able to deliver the ordered products. The site team also has the option of suspending or canceling any order or delivery in the event of refusal to issue payment authorization from the financial organizations questioned depending on the payment method chosen by the consumer.
Likewise, it allows itself the possibility of refusing to take into account an order or to make a delivery from an Internet user with whom a dispute relating in particular to the payment of a previous order remains.
The consumer is also informed that the site team www.cesareebijoux.com may analyze and/or verify orders placed in order to combat fraud, and in this context reserves the right to ask the consumer for any supporting documentation that it deems useful.
At the end of this procedure, it reserves the right to suspend or cancel any order or delivery, even in the event of payment authorization issued by the financial organizations concerned, in cases where this analysis and/or these verifications would give to believe that the said order has been placed in fraud of the rights of a third party. Furthermore, it cannot bear any responsibility in the event of embezzlement or fraudulent use of any means of payment which has not been detected by this analysis and/or verification procedure.
Article 5: Delivery
5.1: Information
Delivery is made within a maximum of 15 days - departure from our workshops - after receipt of the order and receipt of payment. However, CESAREE cannot be held responsible for any fortuitous event or force majeure which delays delivery.
The products are delivered to the delivery address provided by the consumer when ordering online. In the event that the delivery address is different from the billing address, the consumer must provide these two separate addresses in the order form.
It is also up to the consumer to provide all information useful for delivery when ordering in order to allow the postal services to make the delivery.
In the event of incorrect or incomplete information making it impossible for the postal services to make the delivery, a second delivery will be made after the goods have been returned by post to the management of the site. www.cesareebijoux.com , this subject to the prior payment of the amount of shipping costs on the part of the consumer.
5.2: Delivery – absence – damage during transport
The ordered products are delivered to the customer's mailbox if this allows it. If necessary, a delivery notice is left so that the customer can collect their order at their local post office.
In the event of refusal of delivery by the consumer, he will be reimbursed the amount of his order after deduction of the shipping costs incurred by the delivery and return of his order.
Damage during transport: Upon receipt of the package, the consumer must only accept the package if the outer packaging does not show any signs of impact. The consumer is advised to open the package and check the goods. In the event of a problem, he will have to file a complaint with the postal services.
He must also send his complaint and the jewelry to CESAREE to allow reimbursement to be made. No reimbursement to the consumer can be made before the post office itself has responded positively to this complaint.
5.3: Delay - Loss
The post office commits to delivery times and is therefore solely responsible for observing them. In the event of non-compliance with these deadlines, the consumer should first contact the postal services concerned in order to verify that the products ordered are not subject to a pending order.
In the event of a delay or difficulty locating the products ordered, the consumer can contact the site team www.cesareebijoux.com who will open an investigation to try to locate the possibly lost package.
The consumer must send an email to the address contact@cesareebijoux.com and provide all useful information, including the order form and the exchange of correspondence with the post office, to enable CESAREE to attempt to locate the products ordered.
In such a case, the management of the site www.cesareebijoux.com is dependent on the deadlines imposed by the post office regarding the declaration of loss and reimbursement of the shipment. These deadlines may vary.
No reimbursement to the consumer can therefore take place before the post office has declared the ordered products lost, following its investigation.
As soon as the loss is declared by post, the site management www.cesareebijoux.com will reimburse, exchange items or provide vouchers to the consumer.
Article 6: Withdrawal period
The consumer has a withdrawal period allowing him to renounce his purchase within 14 clear days from delivery, in application of the provisions of articles L 121-20 et seq. of the Consumer Code.
He must inform in advance of his intention to return the package as part of the exercise of his right of withdrawal to the email address contact@cesareebijoux.com
The site team will then communicate to the customer the address to which to return the item(s) concerned, which must reach CESAREE within a maximum of 14 days. Please note: no hand delivery in our stores will be accepted.
The delivered products must be returned at the consumer's expense and under his responsibility, with him being responsible for insuring the transport. They must be in perfect condition for resale, in their original packaging, not be damaged, not have been worn, modified or washed. Otherwise, the consumer will not be entitled to an exchange or reimbursement of defective parts. He may, however, recover these defective products, the shipping costs remaining his responsibility.
Subject to compliance with the above provisions, the management of the site www.cesareebijoux.com will reimburse the products ordered for the amount shown on the order form within 30 working days following receipt of the returned products.
In the event that the recipient of the products indicated in the order form is different from the person who made the payment, the refund will in all cases be sent to the person who made the payment.
No refund can be made if the products are not perfectly intact.
Article 7: Returns
The risks of return transport are entirely the responsibility of the sender, and it is therefore up to him to take all due care regarding the security of the delivery, in particular by ensuring its sending. Return costs are entirely the responsibility of the sender, except in the case where the return is caused by an error by the site team in preparing the order.
Article 8: Guarantees
In the event of a defective product, the consumer must return it according to the conditions set out in article 7 of these general conditions.
CESAREE will not accept any returns of products beyond a period of 7 calendar days following delivery.
Damage caused by improper use of the product or by an external cause cannot give rise to any warranty. For example: jewelry immersed in water, twisted, twisted or twisted jewelry, jewelry that has received perfume, etc., non-compliance with washing conditions for textiles... non-exhaustive list. Additionally, jewelry should be stored flat and closed in the storage pouches, ensuring that it is very comfortable.
The provisions of this article cannot deprive the consumer of the legal guarantee described in article L 211-1 of the Consumer Code.
Article 9: Personal data
In accordance with the law of January 6, 1978 modified by the law of August 6, 2004, Internet users have a right of access and rectification to personal data concerning them.
This data is only provided for the purpose of delivering products ordered through the site, by fax, telephone or postal mail.
They are mandatory for the processing of their order and any checks carried out to combat fraud.
If optional data were to be collected, the consumer will be informed of this optional nature. The consumer is informed that refusal to provide mandatory data results in the impossibility of delivering the products he or she would like to order.
He is also informed of the fact that as part of the verification operations of the information provided when ordering, the data may be transmitted to third parties for the sole purpose of verification. The consumer has the possibility of opposing the possible transfer to a third party of personal data concerning him, apart from the third parties responsible for verifying the mandatory data provided when ordering, it being specified that this opposition may result in the impossibility of process your order.
Within the framework of the GDPR law of May 25, 2018, we provide you with details concerning the processing and use of your personal data.
This data is processed internally and will be kept for 5 years after your last order or the date of your subscription to the site newsletter. They are used by us to identify you, to communicate with you and to offer you advertising or promotional benefits on our products, whether in our store 11, rue du Dragon 75006 PARIS or on our online sales site www.cesareebijoux.com . Under no circumstances will they be shared with third parties for marketing purposes without your prior consent.
If you make a purchase on our site, the information collected will then include:
- the means of payment used without retention of personal data linked to this means of payment, whether by check or paypal
- the product purchased, with its description and price
- billing data
- delivery data
- your contact details
We may use your personal data to send you promotional emails and advertisements relating to our current products and services, to contact you and to inform you of our policies and general conditions of sale.
At any time, you have the right to access or correct your personal data by connecting to our online sales site, “My account” and “Your personal information” section.
If you no longer wish to receive our promotional emails, please ask us by email at contact@cesareebijoux.com. Your account will then be deleted.
We may share your personal data with companies providing services on our behalf, including website hosting providers and email services, but also with providers such as La Poste, Chronopost or transport companies. These providers are legally obligated to protect your personal data and may operate in any region where we operate.
We use reasonable technical, administrative, and physical security measures designed to protect and prevent unauthorized access to your data and to properly use the data we collect. It is essential that you take the necessary precautions to protect yourself against unauthorized access to your Caesarea products, your login details, your computer or any other type of device.
By continuing to use our products and services after the date of entry into force of the new Personal Data, i.e. May 25, 2018, you accept the new terms of the latter. If you do not accept the revised Personal Data, we invite you to request the deletion of your account as soon as possible at the following address: contact@cesareebijoux.com.
Article 10: Liability
For all stages of access to the site, consultation, filling out forms, placing orders, delivery of items or any other service, the CESAREE company only has an obligation of means.
Consequently, CESAREE cannot be held liable for all the inconveniences and damages inherent in the use of the internet network and totally external to the diligence and precautions taken by CESAREE.
In particular, any disruption in the provision of the service, or any external intrusion or presence of computer virus, cannot engage the responsibility of CESAREE.
Article 11: Intellectual property
All models presented on the site are registered models, protected by copyright. They are the exclusive property of CESAREE and cannot therefore be reproduced under any circumstances.
Article 12: Force majeure - Applicable law
The reciprocal obligations resulting from these general conditions may be suspended in the event of the occurrence of a fortuitous event or force majeure. Those usually retained by the case law of French courts and tribunals will in particular be considered as such.
These general conditions are subject to French law with regard to both substantive and formal rules. Any dispute must be the subject of an attempt at amicable settlement. In the event that the amicable settlement is not successful, the disputes will fall under the jurisdiction of the city of Fréjus.
In accordance with Directive n°524/2013 of 06/18/13, consumers also have the possibility of using an internet platform for the extrajudicial online resolution of disputes ("ODR platform"). This ODR platform serves as a one-stop shop for consumers and professionals wishing to amicably resolve disputes arising from online transactions.
You can contact this ODR platform under the following link https://ec.europa.eu/consumers/odr/.
Please note that the ODR platform is already reachable but will probably only work from 02/15/16.