General Conditions of Sale of offered products by the company ABP on the Website SECOND PETALE

These General Conditions of Sale (the « GCS ») govern the rights and obligations applicable to products, notably new or second hand bijouterie, jewelry items and related articles (the « Products »), displayed in the electronic catalogue of the company ABP (the « Company »), published on its Website www.secondpetales.com (the « Website ») and sold to any private person residing or not in mainland France (the « Customer »).

GCS are displayed on the Website and apply to any order and sale of Products entered into between Customer and Company through the Website, save as specific provisions and subject to any regulation and/or legal limitation applicable to distance or on-line selling, in particular those provided below and those resulting from the French Consumer Code in force in mainland France.

By proceeding to an effective order of Products on the Website, the Customer represents to have the legal capacity to buy them and by ticking off the specific box displayed on the Website, accepts and adheres expressly, fully and without any exception nor reserve, to the GCS in force on the Website at its order effective date.

GCS may be subject to further amendments and will be enforceable to any order of Products performed as at their Website display date.

Products displayed by the Company on the Website are detailed and illustrated as accuracy and in visual reality as possible within the limits of the technical facilities used.

Presentation documents of Products on the Website, notably picture, graphism or descriptive, may differ from visual reality, possibly as a result of color rendering, lighting used during camera shots or Customer’s software tools used to view the Website. Those and more generally all information and data displayed on the Website by the Company, which makes all efforts to hold them updated and accurate, are used for non-binding information purposes. Any technical inaccuracies or typographical errors cannot give rise by Customer to any claim, whose order’s validity cannot be challenged as such. Customer may contact the Company to obtain further information regarding characteristics and features of Products.

Company cannot be liable for any reason whatsoever resulting from improper use of Products.

Products benefit from legal conformity guarantees and latent defects in compliance with legal regulations valid and applicable at as Customer’s order date. Whenever possible, Company will deliver certificate of authenticity for second hand Products.

Due to their specificity, inherent characteristics deriving from their manufacturing, Products may show finish irregularities, differences in format or shades which cannot be regarded as serious deficiencies or latent defects.

Any attested defective Product or not as advertised can be returned for exchange or refund, except for any other cause and subject to the exercise of the right of withdrawal set forth under article 6.

Any application for exchange or refund shall be addressed by the Customer to the Company according to the modalities specified on the Website and within 14 calendar days at the latest after their delivery date, upon presentation of all supporting documents evidencing lack of conformity or defect.

In such a case, Company will address to the Customer a confirmation of acceptance of its application for exchange or refund, who must return Products shown to be non-compliant to defective under its full liability and in their original purchase condition, with all elements (cases, boxes, accessories, instructions, certificate of authenticity, original packing material and others) within 14 calendar days at the latest after receipt of the Company’s acceptance of application for exchange or refund.

Any application served after above mentioned 14-day period cannot be accepted, nor for tailor-made, used, worn, altered or damaged Product.

Where applicable and according to the rules of country of delivery, Company can request the Customer to instruct the carrier who made the delivery or any other of its own, as well as appoint any customs intermediaries of its own, to effect reshipment of duly attested non-compliant or defective Products, which will pay return freight and insurance charges. Company may otherwise request the Customer to prepay such charges and then provide for their reimbursement based on freight/insurance fees beforehand specified (standard or other).

Company shall refund Customer of Products for which a related application has been duly submitted to it, as from their delivery, according to the payment method used upon purchase and corresponding to the amount in euro of their selling price as indicated in the documents provided for in article 4 and if applicable, net of (i) any possible expenses, charges and duties paid by the Company not related to reshipment freight and correlative transportation insurance costs (such as importation or customs duties or any other expenses) provided under articles 3 and 5 and of (ii) any amount not covered by insurance subscribed by Customer required to restoration to their original conditions of Products that have suffered damage during their reshipment, upon presentation of all appropriate supporting documents.

Company is entitled to decline any application for exchange of Products that have suffered damage during their reshipment and whose amount required to restore them to their original conditions is not covered by the insurance subscribed by Customer if the latter has himself carried out the Products’ reshipment.

Products selling price displayed on the Website are indicated in euros, inclusive of all taxes (VAT and others), valid in mainland France and in European Union countries, in the Customer’s order date. Prices do not include shipping costs. According to country of delivery and/or the order originates therefrom, selling prices may be indicated in the corresponding currency for information and non-binding purpose.

Any order of Products, irrespective of the Customer’s home and/or delivery country, is payable in euro.

For Customer’s home and/or countries of delivery not located in the European Union, above mentioned taxes (VAT and others) valid in mainland France, shall be automatically deducted from selling price as mentioned in documents provided under (i) and (ii) of article 4.

Shipping costs and insurance expenses covering transportation and Products’ value are paid by the Company, except for any other expenses (such as customs, importation or transit taxes and duties, likely to be paid according to the concerned country).

Company is entitled to amend Products’ selling price at any time which will be effective as from their Website display date. Any prior Products’ order being however further confirmed by Company shall be governed by prices applicable at order’s date.

Company shall retain title to Products until they are fully paid according to the valid applicable regulations, increased if applicable of any duties, expenses, charges or taxes likely to be paid by the Company for their encashment (notably administrative, transaction, treatment, wire payment or fund sources auditing duties or expenses).

By proceeding to an order of Products to a country other than mainland France, Customer represents and agrees to be the importer and undertakes to this extent to make his personal business under its full liability to paid any possible customs duties, import taxes or others applicable and due by the concerned country’s regulations, as well as implement to its expenses any possible formalities with appropriate concerned country’s competent authorities and institutions.

Company can under no circumstances be held liable therefor. Customer residing in a country other than mainland France shall ensure prior to any Products’ order, of possible payments of rights and taxes as well as performance of any formalities resulting from their import or use likely to be applicable by appropriate concerned country’s competent authorities and institutions. Specifications according to the concerned countries and constant evolving applicable rules, cannot allow Company to provide for any assistance in this framework, notably any quotation of rights, duties, taxes and formalities applicable in the concerned country of delivery.

Any order of Products by Customer is performed on the Website. 

Order of Products and proof of transaction entered into between the Company and Customer is evidenced by the sending to his email of (i) a recapitulative/confirmation of order and payment of corresponding purchase price, increased if applicable of expenses set forth under article 5 (ii) a corresponding invoice (iii) withdrawal form allowing exercise of the right of withdrawal set forth under article 6 and of (iv) a return voucher for defective or not as advertised Products. Customer shall check content of order and inform the Company according to the modalities specified on the Website, of any error, omission or anomalies, within 24 hours at the latest as from remittance to Customer of above mentioned documents.

Any cancellation of order made by Customer for a motive other than error, omission or anomalies or based on such motive but addressed to the Company after above mentioned 24-hour period, cannot be accepted and Customer shall be deemed to have expressly and irrevocably accepted concerned order of Products and shall be committed to make corresponding payment. Sending by the Company to the Customer of above mentioned documents will have legal value of execution and performance of the Products’ sale transaction between Company and Customer.

Company’s confirmation of order of Products under above mentioned conditions, requires its Customer’s prior full payment and encashment, which can be made (i) by credit/debit card, (ii) via Paypal or (iii) by bank wire transfer.

In the event of payment by credit/debit card, the Customer declares and expressly agrees to transfer to the payment system providers certain data (number, expiry date, cryptogram) as well as information and personal data enabling the identity of the cardholder to be verified and the corresponding transaction to be confirmed. All payment cardholders are subject to a validation check and authorisation procedure by the card issuer. The Customer must ensure his/her personal status vis-à-vis the credit/debit card issuer and guarantee the Company in this respect.

In case of payment made via Paypal, Customer represents and expressly agrees to have knowledge of the Paypal general terms and conditions, who shall be the only entity liable for treatment and transfer of Customer’s personal data and information related to means of payment entered by the latter.

In case of payment made by bank wire transfer, Customer must proceed with corresponding payment order within 5 calendar days at the latest as from order date. Failing this or unless the Company is not informed by that time that payment is delayed, the latter will remind to Customer to proceed within 3 calendar days at the latest as from such reminder notice and will be entitled to cancel order unless such payment is not performed by that new deadline.

According to the abovementioned payment methods, possible time limits to confirm encashment of ordered Products’ selling price payment, increased if applicable by expenses below, may differ remittance by Company to Customer of documents set forth under article 4.

The Customer expressly authorises the Company to carry out  additional security checks as we deem necessary.

Any fee, expense, charge or tax paid by Company for treatment and/or encashment of Products’ selling price (notably transaction, collection, exchange, chargeback, wire transfer, fund sources auditing fees, charges, taxes and expenses) shall be borne by Customer as ordering party. Company may differ remittance of documents set forth under article 4 until Customer has fully reimbursed abovementioned fees, charges, taxes and expenses.

According to the applicable regulations in force, Customer has a right of withdrawal for any purchase of Products implemented on the Website, that he can exert as from receipt of the order confirmation issued by Company and in all cases within 14 calendar days at the latest as from Products’ delivery date, by addressing to the Company within such time period the form provided under (iii) of article 4 according to the modalities provided therein.

Customer may exert his right of withdrawal without having to give any reason and will not give to any penalty. Such right cannot be exerted for tailor-made, used, worn, altered or damaged Products.

Customer shall return Products under its full liability and in their original purchase condition, with all elements (cases, boxes, accessories, instructions, certificate of authenticity, original packing material and others) within 14 calendar days at the latest as from receipt by the Company of withdrawal form.

Reshipment freight and correlative transportation insurance costs are to the Customer’s expenses, who is required to contract all appropriate insurance covering exposure related to Products’ reshipment for an amount at least equal to their purchase price.

Where applicable and according to the rules of country of delivery, Company can request the Customer to instruct the carrier who made the delivery or any other of its own, as well as appoint any customs intermediaries of its own, to effect reshipment of Products.

Company shall refund Customer of the Products’ selling price according to payment method used during purchase, as from their delivery, corresponding to the amount in euro indicated in the documents provided for in article 4 and if applicable, net of (i) any possible expenses, charges and duties paid by the Company not related to reshipment freight and correlative transportation insurance costs (such as importation or customs duties or any other expenses) and (ii) any amount not covered by insurance subscribed by Customer required to restoration to their original conditions of Products that have suffered damage during their reshipment, upon presentation of all appropriate supporting documents.

If right of withdrawal is exerted before shipping of Products, Company shall refund Customer within 14 calendar days at the latest as from receipt by the Company of withdrawal form.

Products offered for sale on the Website are available as long as they are displayed thereon.

Company has the right to differ remittance of documents set forth under article 4 or to simply cancel a Products’ order, notably in case of difficulties in supply, legitimate doubt regarding fund sources or legal or regulatory restrictions regulations (notably customs) applicable to certain materials included in Products. Company will inform Customer immediately and shall proceed concomitantly to the cancellation of Products’ order and refund of corresponding purchase price, increased in such a case, of all charge or tax paid by Company for treatment and/or encashment of Products’ selling price (notably transaction, collection, exchange, chargeback, wire transfer, fund sources auditing fees, charges, taxes and expenses).

Products are delivered to the address mentioned in the documents set forth under article 4 and are insured for their market value until such location. Products' effective delivery and their physical possession by Customer is evidenced by his signature on the delivery note given by the carrier selected by the Company, a copy of which being sent to it. Customer’s signature on the delivery note entails transfer to his benefit of all risk of loss or damage to the Products.

Due to intrinsic characteristics and market value of Products, Company may request Customer upon delivery and physical possession of Products, to provide for a proof of identity or any supporting document evidencing valid authorization of any third party duly empowered by Customer.

In case of attested damage or shortage in the delivery, Customer shall note any reservations as precisely and accurately as possible on the delivery note, a copy of which being sent by the abovementioned carrier to the Company. Customer is required to inspect content and conditions of Products upon delivery. Customer or any duly authorized third party shall be considered as having performed such inspection by the signature without reservation on the delivery note given by the carried selected by the Company. If applicable, any damage, shortage, defective Product or not as advertised observed after unpacking and duly notified to the Company according to the modalities specified on the Website, within 24 hours at the latest as from delivery date, may give rise to exchange or refund in the terms and conditions set forth under article 2, upon presentation of all supporting documents (pictures, etc.).

Despite of all care devoted in the preparation of orders, a Product can miss, or an error or omission may occur. Customer may request exchange or refund in the terms and conditions set forth under article 2.

Company will address email to Customer to confirm order shipping and indicative delivery time, which varies from location, shipping methods and carrier, is not guarantee and thus not binding. Company cannot be responsible for late delivery, notably due to non-availability of Client after several proposals of appointment or if applicable, to possible customs clearance formalities applicable to Products.

Company will inform Customer of any late delivery or delay compared to the indicative initial delivery time, who is entitled to cancel his order in compliance with valid applicable regulations in force. In such a case, provisions of article 2 pertaining to refund of attested defective Product or not as advertised, will apply.

If delivery of Products is performed to the Customer while Company would have received beforehand an application for exchange or refund in the terms and conditions set forth under article 2 or 4, Customer is required to reship Products in the terms and conditions set forth under article 2, whose provision related to refund of their purchase price will apply.

These GCS and any other information and/or documents related to Products ordered on the Website, are in French language, only legally authoritative one’s. As a consequence, this English non-binding translation stands for information purpose only.

These GCS are governed by French Law, except for any other regulation, notably the Vienna Convention on the International Sales of Goods. Any litigation resulting from their interpretation or performance, shall be submitted to the exclusive jurisdiction of the French courts, despite any conflict of jurisdictions, which the Client expressly agrees.

In case of partly or total invalidity or unenforceability of these GCS resulting from a legal regulation or a Court decision final and enforceable, they shall not affect validity of the remaining provisions and will be replaced to the extent required. 

Failure by the Company or Customer to prevail at any given moment against any one of provisions of these GCS shall not constitute a waiver of its rights to invoke these same provisions at a later date.

All rights arising from the Website and related to the Company’s activity belong to its exclusive property and in this purpose are governed by applicable national and international regulations in copyright and related rights. Any reference by simple or hypertext link, reproducing, exploitation, dissemination or use in whole or in part, in any form and by any means or mechanism whatsoever, is strictly prohibited.

Sale of Products requires collection and use by Company of personal data identifiers regarding Customer. Company may transfer them to third parties to what is necessary for management, performance and handling of orders.

Terms and conditions of use of cookies, links to other websites and any personal or nominative information related to Customer, are governed by the Website general conditions of use.

According to the Law of 6 January 1978 and its further amendments, Customer having provided personal contact information shall have the right to access, rectify, be informed and delete any personal data concerning him by exerting it directly on the Website under the terms and conditions provided therein.

Company collects, stores and processes purchase orders, delivery notes, invoices and any other documents under sustained and reliable media, copies of which according to applicable regulations and information and data mentioned under article 11 for security and compliance with applicable regulations purposes.

Computerized records stored in Company’s systems shall constitute vis-à-vis the Customer proof of communication, orders, payments and transactions entered with Company.

Data related to Customer’s payment methods mentioned under article 5 are not stored by the Company but as the case may be, by its banking partner via the secured payment platform or by Paypal.

Customer may submit any request of information or claim according to the modalities specified on the Website, unless contrary provisions provided for in abovementioned contractual documentation.

Website in its entirety is the property of the Company, with share capital of 10.000 € and registered office located at 128, rue la Boétie – 75008 Paris – France, 833 492 119 Paris Trade and Companies Registry, intra-Community VAT identification number FR 52 833 492 11900015, Phone: +33607566476, customer service email: contact@secondpetale.com, President and responsible person: Arina Pouzoullic, Website host: OVH with registered office located at 2, rue Kellermann BP 80157 – 59053 Roubaix Cedex 1 – France, Website publication manager: Arina Pouzoullic.