Terms of Use

General Terms of Use of the Website SECOND PETALE
Last updated as of March 26, 2018

Article 1 – Purpose

These General Terms of Use (the « CTU ») govern the rights and obligations under which the company ABP (the « Company ») makes available to any private person residing or not in mainland France, who logs or uses (« the User ») any and all information, documents and related services displayed and/or published on the Website www.secondpetale.com (the « Website »).

The simple connection, access and consultation of the Website implies full, express and entire acceptance and consent of User to the CTU.

CTU are displayed on the Website and shall apply to any User’s consultation, navigation and browsing on the Website, except for specific provisions and save as any applicable regulation and/or legal limitation, notably those provided below and any other valid in mainland France.

CTU may be subject to further amendments and will be enforceable as from their Website display date to the User, who is required to consult them to be fully aware thereof.

Company endeavors to ensure to the User Website availability at any moment, except for act of God, event beyond its control or for any possible failure, breakdown or maintenance work required to its proper functioning. Company cannot warrant Website availability, transmission reliability, efficiency, response time performances or quality and reserves the right to change, correct, interrupt part of all of its services, Website content or access, to ensure notably its technical maintenance, which it will endeavors to beforehand inform User of related service suspension or breakdown time slots. Its liability cannot be enforced in any manner whatsoever in case of inability of disconnection/interruption of access to the Website and/or use of proposed services, nor any consequences to the User as a result therefrom.

Company does not provide support for technical, mail or phone assistance to the User.


Article 2 – Website Description – warranties and limitations applicable to access, use and consultation of information and document available on the Website

Website purpose is to present products, notably new or second-hand bijouterie, jewelry items and related articles (the « Products »), proposed on sale by the Company and displayed in the electronic catalogue published on the Website.

Information and documents displayed and/or available on the Website originate from sources that Company believes to be reliable, which are detailed and illustrated as accuracy and in visual reality as possible. Company makes all efforts to hold them updated, which however are published non-exhaustively and for non-binding information purpose and within the limits of technical facilities used. These, notably presentation documents of Products on the Website (picture, graphism or descriptive), may differ from visual reality, either in terms of color rendering, lighting used during camera shots or User’s software tools used to consult the Website.

By connecting, accessing and consulting the Website, User represents and warrants Company that
(i) he uses a recent computer device, of hardware and software updated configuration, in compliance with necessary specifications and containing no virus (ii) the use of information and/or documents displayed and available on the Website is made under its full liability and will solely assume any liability and damage of whatever nature, direct or indirect, likely to result from inability to access or use the Website, whether of material (loss of data, files, backup default) or other nature (loss of profit, opportunity or business interruption, appearance of a bug or incompatibility), without the Company’s may be held liable in this regards.

More generally, User accepts characteristics and limitation of the international internet network and notably represents that Company may not be liable in any matter regarding services available on this network and that it exerts no control of any nature whatsoever on nature and characteristics of data likely to be transmitted through its host server.

User represents and acknowledges that data available on internet are not protected against possible diversions or misappropriation, may be regulated and thus that he is alone and fully liable for their use and transmission.

Any, inaccuracies, incorrectness, technical of typographical errors affecting information and/or documents displayed by Company on the Website, whether of its own doing or of third parties, will not give rise to claims by User, who is invited to check accuracy and adequacy of the information and if applicable, to contact the Company to obtain further elements and/or inform it of such inaccuracies, incorrectness, technical of typographical errors, who reserves the right to amend them as soon as of its knowledge.

Information and/or documents available on the Website may change and be amended and/or updated at any time between the time of their downloading and the date at which User takes notice thereof, which he expressly acknowledges and warrants to hold Company harmless of any claim in this purpose.

Website may display interactive spaces and allow User to drop content that Company reserves the right to delete without notice in the event the latter infringes or violates any laws or regulations applicable in mainland France or in the European Union, and if so, may entail User’s civil or criminal liability, whatever the medium used (text, pictures…).

Website may also contain hypertext links to third party websites, that Company makes any representations regarding their content and without being held liable in any way.


Article 3 – Intellectual property rights

Company is full owner or valid user of all intellectual property rights related to information and/or documents published and/or available on the Website (notably texts, pictures, graphisms, logos, icons, sounds, software and computer programs) which as such, are subject to applicable national and international regulations, in particular to copyright and related rights. Any unauthorized reference by simple or hypertext link, reproduction, recording, exploitation, dissemination and/or use in parts or whole, in any form and by any means or mechanism whatsoever, of any of the elements published, displayed and/or available on the Website, is strictly prohibited, unless prior and express consent of the Company.


Article 4 – Management and protection of personal data

Sale of Products and access and consultation by User on the Website, implies collection and use by Company of personal information and data about him, which Company may disclose to a limited number of third parties to what is necessary for management, performance and handling of orders related to Products offered to sale on the Website (notably with regards to payment methods available on the Website and for Products shipping and delivery).

By connecting, accessing and consulting the Website, User represents, warrants and agrees to provide Company as well as aforesaid third parties any abovementioned necessary personal information and data with full knowledge, in particular by entering them himself on certain pages or forms displayed on the Website specifying obligation or not to provide them.

According to applicable regulations in force in mainland France, in the European Union and save as their further amendments, User 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.

Save as abovementioned exception, Company does not publish, exchange, disclose, assign or sale to any other third parties, any personal information about Customer of any nature or under any medium whatsoever.


Article 5 – Storage of data and documents and means of evidence

For safety purpose, Company collects, and stores information and data provided in article 4 under reliable and sustained records, as well as copies of which, in accordance with applicable regulations.

Company’s database are protected by valid and applicable regulations in mainland France and in the European Union. Those necessary for the handling of payment methods provided to the User on the Website to proceed with purchase of Products, are not stored by Company but as the case may be, on the online secured payment platform of its banking partner or on Paypal proper platform.


Article 6 – Cookies

User’s connection, access, navigation and consultation of the Website as well as all related displayed and published information and documents, may cause cookies to be installed on his computer, whose subsequent collection and save of correlative information regarding his browsing and identity, are intended to recognize him, facilitate his further navigation and also establish and compile attendance statistics.

By connecting, accessing and consulting the Website, User represents and expressly agrees installation and use by Company of cookies on his computer, which he can prevent them from being saved by changing the settings of his internet browser. Refusing to use a cook may make it impossible to access certain services, which User expressly accepts and warrants the Company of any claim or proceeding in this regard.


Article 7 – Law and applicable language – Litigation – Competent Courts - Invalidity

These CTU and any information and/or documents published and displayed on the Website, are presented in French, which is the only legally authoritative language. Its English version and in any other language is indicated for non-binding information purposes.

These CTU and all related terms and conditions regarding access, connection, navigation, browsing and use of the Website, are governed by French Law, irrespective of User’s location, save as any other prevailing public order regulations. Any litigation resulting from use of the Website, shall be submitted to the exclusive jurisdiction of the French courts, despite any conflict of jurisdictions, which User expressly agrees.

In case of partly or total invalidity or unenforceability of these CTU 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 Company or User to prevail at any given moment against any one of provisions of these CTU shall not constitute a waiver of its rights to invoke these same provisions at a later date.


Article 8 – Customer service

User may submit any request of information or claim regarding access and consultation of the Website according to the modalities provided therein.


Article 9 – Legal notices

According to applicable and valid regulations in mainland France, person or entities liable for design and implementation of the Website are: Website owner : ABP, a simplified joint-stock company with a share capital of 10.000 €, with registered office located at 128, rue de la Boétie – 75008 Paris, 833 492 119 RCS Paris ; Website design and integration: [●] ; Website hosting: OVH with registered office located at 2, rue Kellermann BP 80157 – 59053 Roubaix Cedex 1 – France ; Website publication manager: Arina Pouzoullic ; contact : contact@secondpetale.com.