(Version of 10/10/2024)
These General Conditions of Use are up to date as of October 10, 2024.
These terms replace all previous versions of the General Terms of Use of 58 FACETTES.
PREAMBLE
The Company 58 FACETTES (hereinafter “58 Facettes”), operates a website (hereinafter “the Platform”) as well as mobile applications (hereinafter "Mobile Applications 58 Facettes") allowing individuals and professionals (hereinafter “Buyers”) to be put in contact with professional and private sellers (hereinafter “The Sellers”) for the online purchase of products relating to the world of second-hand jewelry (hereinafter “Products”).
This Platform is accessible to all Buyers under the url www.58facettes.fr (hereinafter “58facettes.fr”) and Mobile Applications 58 Facettes via smartphone app stores.
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 orMobile Applications 58 Facettes.
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 andMobile Applications 58 Facettes (hereinafter the “CGU”) aim to define the conditions of access and use of the Platform and its Services.
Any use of the Platform and dMobile Applications 58 Facettes and 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 Terms and Conditions of Use”, he is bound by all the provisions of the T&Cs.
58 Facettes reserves the right, at any time, to refuse access to the Platform and to Mobile Applications 58 Facettes, 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 and some Mobile Applications 58 Facettes 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 changes 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 on the Platform and some Mobile Applications 58 Facettes 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 their responsibility to consult the latest version of the T&Cs accessible on each page of the Platform before placing any new Order. and some Mobile Applications 58 Facettes.
ARTICLE 2 – DEFINITIONS
Order : means any purchase of a Product by a Buyer from one or more Sellers through the Platform and some Mobile Applications 58 Facettes.
Personal Account : means the Buyer's personal space in which the Buyer can access, after logging in, their personal information, their purchase history and the lists of Products that they have added to their Favorites list.
Product Sheet : designates the descriptive sheet of each Product marketed within the Platform and some Mobile Applications 58 Facettes, composed of photographs, texts, illustrations, images, and/or videos transmitted by each Seller to 58 Facettes for the description of the Products it sells.
Identifiers : designates the email address and password chosen by the User allowing his identification and access to the Services of 58 Facettes.
Basket : means the location allowing the User to select Products for an Order.
Partners : designates any legal entity with which 58 Facettes entered into a partnership.
Price : means the total price of the Product including all taxes, payable by the Buyer, not including shipping costs defined as a flat rate according to the shipping method.
Services : designates all the functionalities made available to Users by 58 Facettes and available within the Platform and some Mobile Applications 58 Facettes.
User : means any person who uses the Platform and the Mobile Applications 58 Facettes or its Services.
ARTICLE 3 – CONDITIONS AND TERMS OF ACCESS TO THE PLATFORM AND MOBILE APPLICATIONS 58 FACETTES
3.1. General information
The Platform is accessible free of charge to any User at the address “www.58facettes.fr” and the Mobile Applications 58 Facettes are available from smartphone app stores. The User must have internet access.
All software and hardware necessary for the use and operation of the Platform Services and some Mobile Applications 58 Facettes, 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 T&Cs. and some Mobile Applications 58 Facettes.
Any User may access, consult or use all or part of the Platform and some Mobile Applications 58 Facettes. Any User can also subscribe to the newsletter of 58 Facettes.
To be able to purchase Products on the Platform and the Mobile Applications 58 Facettes, the User must be:
- a natural person, aged 18 or over and, more generally, having the capacity to contract;
- a legal entity, whose person authorized to represent it must provide: valid information relating to its identity (surname/first name), its company name, its SIRET or identification number, the address of its head office, its telephone number and its email address.
3.2. Creation of a Personal Account
To be able to purchase Products on the Platform and the Mobile Applications 58 Facettes, the User must create a Personal Account.
Creating a Personal Account allows the User to:
- manage personal information (postal address, email address, password);
- place an Order for Products on the Platform and the Mobile Applications 58 Facettes ;
- contact the Sellers with whom an order has been placed;
- contact customer service 58 Facettes ;
- request an invoice;
- rate Products and Sellers.
The User can create a Personal Account:
- by clicking on the “Registration” tab
To create his Personal Account, the User must provide (i) a valid email address and (ii) a password that does not infringe the rights of third parties. He undertakes to keep his password confidential.
The User may request the deletion of his Personal Account at any time.
3.3 Refusal of access to the Platform and to Mobile Applications 58 Facettes
In general, when creating his Personal Account, the User undertakes to enter the data that allows his identification under his full responsibility, control and direction and undertakes to communicate complete, exact and up-to-date information, and not to usurp the identity of a third party, nor to hide or modify his age.
The User also undertakes to:
- provide authentic, accurate and complete information regarding his identity, address and other data necessary for access to the Platform and to Mobile Applications 58 Facettes, of a nature not to induce 58 Facettes or the Sellers or any third parties in error;
- update any changes to this information;
- not to access a Personal Account belonging to another User;
- take all necessary measures to protect its Identifiers and passwords as well as its 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 some Mobile Applications 58 Facettes, and/or its Services and contents in the event of serious and/or repeated violation(s) by the User of the provisions of these T&Cs, in particular, and without this list being limiting, in the event of providing false, inaccurate, incomplete or outdated information, or in the event of payment fraud, attempted fraud or any other criminal offense.
3.4. Availability of the Platform and some Mobile Applications 58 Facettes
58 Facettes makes its best efforts to ensure the availability of the Platform and some Mobile Applications 58 Facettes. 58 Facettes does not guarantee that the Platform and the Mobile Applications 58 Facettes operates in any operating environment and that it is usable at any time, without interruption or error, nor that all errors can be corrected. The availability of the Platform is subject to a simple obligation of means.
The Platform and the Mobile Applications 58 Facettes being 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 liable in any way in the event of unavailability of the Platform and some Mobile Applications 58 Facettes 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 and some Mobile Applications 58 Facettes, in order to ensure its maintenance, or for any other reasons, without the interruption giving rise to any obligation or compensation.
ARTICLE 4 – USER CONDUCT
4.1. General User Behavior
The User declares and acknowledges that all information, data, texts, messages or any other content that he publishes within the Platform and some Mobile Applications 58 Facettes (hereinafter “Contributions”) are under his entire and sole responsibility.
The User guarantees that he has the intellectual property rights necessary for the publication of the Information that he puts online on the Site. The User also guarantees that the Information that he publishes on the Site does not contain anything that is contrary to the rights of third parties and the laws in force.
In particular, the User is prohibited from:
- to disseminate information contrary to public order or morality,
- to divert the purpose of the Platform and some Mobile Applications 58 Facettes and/or Services for propaganda or proselytism, prospecting or solicitation,
- to publish information of a commercial or advertising nature or constituting propaganda in favor of tobacco, alcohol, or any other regulated substance, product or service,
- to distribute Contributions that infringe the personality rights of third parties or that are defamatory, injurious, obscene, pornographic, offensive, violent or inciting discrimination, political, racist, xenophobic, sexist or homophobic violence,
- to publish information that contravenes the legislation on the protection of personal data allowing the identification of natural persons without their consent, in particular their surname, 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 to Mobile Applications 58 Facettes and to the Services, as indicated in the General Conditions of Use of the Platform and some Mobile Applications 58 Facettes,
- 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 another User or Users,
- to provide information referring to other sites (whether by creating hypertext links or by simply providing information) the content of which could contravene any law or regulation in force, and in particular could infringe 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 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 dissemination, or which are free of any rights.
The User undertakes, where applicable, to compensate 58 Facettes for any damage directly or indirectly linked to the failure to comply with this guarantee.
58 Facettes reserves the right to verify, moderate and reject any content submitted by Users that contravenes these T&Cs, including, among other things, any illegal, defamatory or harmful content. 58 Facettes reserves the right to suspend or terminate the account of any User who violates these conditions.
4.2. Fraudulent behavior
Any User who acts in fraud of these General Conditions of Use is exposed to civil and criminal proceedings which notably punish infringements of copyright, related rights, the rights of database producers as well as automated data processing systems.
Procedures may be initiated by 58 Facettes against the User who does not comply with these provisions.
ARTICLE 5 – ORDERING PROCESS
The Order process within the Platform and some Mobile Applications 58 Facettes takes place in the following steps:
1. To order a Product, the User must select the desired Product and click on the “Add to cart” tab. The User may add other Products or finalize the Order by accepting these General Terms of Use and clicking on “Proceed to payment”. At each stage, the User has a summary of their cart.
2. The User must then provide their delivery information: first name, last name, delivery address, email address and telephone number. To continue their Order, the User must click on the “Continue to shipping method” button.
3. At this stage, the User must select the desired shipping method. By default, free shipping is selected. To continue with the Order, the User must click on the “Continue to payment method” button.
4. The User must then enter their payment information, their billing address (by default the delivery address) and click on the “Pay now” or “Validate payment” button depending on the payment method selected.
5. When payment for the 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. Sales price and payment terms
Products sold on 58 Facettes are physical products and 58 Facettes also offers services, such as ring sizing. Payment for these Products and services are made via external payment providers (Stripe, Paypal, Alma). Transactions do not involve digital products under any circumstances.
The Selling Prices of the Products on the Platform and the Mobile Applications 58 Facettes are indicated in euros, all taxes included, but do not include delivery costs which will be indicated to the User during the purchase process, before the final validation of his Order. Delivery is free on the entire 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, 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 United Kingdom.
Sellers freely set the prices of the Products they sell through the Platform. and some Mobile Applications 58 Facettes. More specifically, 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 loyalty of the reference price determined by the Seller.
The Buyer pays for his Orders directly to 58 Facettes, according to the payment methods available within the Platform and some Mobile Applications 58 Facettes.
Payment for Orders placed via the Platform and the Mobile Applications 58 Facettes 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 currently being administered may be refused.
The Buyer has the option of paying for his Order: either by bank card via the secure Stripe portal; or by PayPal; or by Alma. 58 FACETTES reserves the right to ask the Buyer for proof of identity (copy of identity card, proof of address and/or copy of bank card).
6.2. Billing
For each sale of Product, the Buyer will be able to access their invoice which will be:
is included in the delivery package,
either sent by email to the Buyer when confirming their Order,
be sent by email upon request.
In the context of a delivery outside metropolitan 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 not be responsible or in charge of the terms.
6.3. Terms of reimbursement of the Buyer
58 Facettes uses the same means of payment that the Buyer used when placing his Order to reimburse the Buyer, regardless of the reason for reimbursement of the Order.
ARTICLE 7 – DELIVERY OF PRODUCTS BY SELLERS
7.1. Delivery costs
Shipping costs are offered by 58 Facettes for all deliveries to 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, Slovakia, Slovenia, Sweden.
Shipping costs apply for destinations outside these areas for baskets under €1000, they are calculated before payment. Taxes and customs fees are the responsibility of the Buyer.
7.2. Delivery terms
The Buyer is informed that the Products can only be delivered to him if:
- the Seller offers delivery to the destination country indicated in the delivery address by the Buyer when placing his Order;
- the Buyer has a valid delivery address in the destination country indicated in the delivery address by the Buyer when placing his Order;
- or, if he is able to recover 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 be able to confirm their conformity with the Order.
When verification of the Product is possible at the time of delivery, the Buyer must immediately issue reservations on the condition of the package and the Product, to the carrier if the Product or its packaging has been damaged during transport.
7.4. Delay/non-delivery
In the event of delay, total or partial non-receipt of the Product(s) ordered, the Buyer is invited to contact 58 Facettes from the agreed delivery date to address the issue.
7.5. Product returned to the Seller
If a Product is returned to the Seller for a reason such as “unclaimed” or “does not reside at the address indicated”:
- the Buyer is reimbursed for the price of his Order (excluding the cost of returning the Product); and/or
- – if the Buyer and the Seller agree, the Product is returned to the Buyer. 58 Facettes will take care of the payment of the corresponding costs (product return costs and reshipping costs).
After a period of one month without any news from the Buyer, the Products will no longer be shipped, without this giving rise to any right to reimbursement, exchange or compensation.
7.6. Liability of the Seller
The Seller is fully liable to Buyers for the execution of Orders placed through the Platform. and some Mobile Applications 58 Facettes and in particular the proper delivery of the Products by its carriers.
Consequently, the Seller is fully liable to the Buyers for any problem related to delivery (delay in delivery, error on the Product delivered, breakage of the Product during transport, Product never delivered due to theft, an error by the Seller and/or the carrier 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 of 58 Facettes, The Buyer has a period of fourteen (14) calendar days from the day of delivery of the Product to exercise his right of withdrawal without having to justify reasons or pay penalties. The 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.
Jewelry must be unworn, in its original condition, and without any traces or marks.
Jewelry that has been personalized or modified (engraving, resizing, etc.) is not eligible and cannot be returned in this context. Similarly, 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
The 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 contractual guarantee offered, 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 of hidden defects as provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
Any 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 engaged in any way whatsoever in 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 his/her email address in the corresponding field.
ARTICLE 11 – INTELLECTUAL PROPERTY
11.1. Content of the Platform and some Mobile Applications 58 Facettes
Any use, reproduction, copy, distribution of one or more elements of the Platform and some Mobile Applications 58 Facettes for use other than private use is prohibited.
All content and Services of the Platform and some Mobile Applications 58 Facettes, including but not limited to 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, 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 of 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 Mobile Applications 58 Facettes and the Services for its sole needs. This right is granted for the duration of the Use of the Platform and some Mobile Applications 58 FacettesThis grant of rights does not entail the transfer of any intellectual and/or industrial property rights to 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. Databases
58 Facettes is the producer and owner of all or part of the databases, their structure and their contents, making up the Platform and the Mobile Applications 58 Facettes, subject to the rights held by the Sellers and/or Partners, each for what concerns them.
By accessing the Platform and to Mobile Applications 58 Facettes, the User acknowledges that the data comprising it are legally protected, and that it is prohibited in particular from extracting, reusing, storing, reproducing, representing or retaining, directly or indirectly, on any medium, 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. and some Mobile Applications 58 Facettes to which it accesses, as well as to extract or reuse it repeatedly and systematically parts that are qualitatively and quantitatively insubstantial, when these operations clearly exceed the conditions of normal use.
11.3 Brands
58 Facettes 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 trademark “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 prosecution.
11.4. Contents of Product Sheets
The User guarantees that he has the intellectual property rights necessary for the publication of the Information that he puts online on the Site. 58 FACETTES has a discretionary right to accept or refuse the posting of an Advertisement on the Site. In particular, the Seller accepts that 58 FACETTES does not publish the Advertisement if the Item put up for sale does not meet the criteria of the charter of 58 FACETTES.
The contents of the Product Sheets, including in particular all photographs, texts, illustrations, images, and/or videos describing the Products marketed within the Platform and some Mobile Applications 58 Facettes, are put 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 proven infringement of the rights of a third party due to the publication of all or part of a Product Sheet within the Platform and some Mobile Applications 58 Facettes, 58 Facettes undertakes to use its best efforts to promptly stop this infringement, as soon as it has been brought to its attention, and to remove it from the Platform and some Mobile Applications 58 Facettes the disputed content.
ARTICLE 12 – ROLE AND RESPONSIBILITY OF 58 FACETTES
58 Facettes, as Platform operator and some Mobile Applications 58 Facettes, acts as a simple intermediary to put Sellers and Users in contact on the Platform and some Mobile Applications 58 Facettes.
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 for the activities or information stored within the Platform and some Mobile Applications 58 Facettes if it is not actually aware of their illicit nature or of facts and circumstances revealing this nature or if, from the moment it became aware of them, under the conditions provided for by the LCEN, it acted promptly to remove these data or make access to them impossible.
Consequently, the responsibility of 58 Facettes cannot be incurred due to:
- Product Sheets and more broadly all content and/or information provided by Sellers on the characteristics of the Products, their condition or their price, Sellers being solely responsible for the proper execution of their legal obligations of pre-contractual information to Buyers as well as the veracity, completeness and updating of the information and content that they provide, except in the event of proven fault on the part of 58 Facettes ;
- advice given through our Concierge Service
Furthermore, 58 Facettes is not subject to a general obligation to monitor information transmitted by Sellers and stored within the Platform and some Mobile Applications 58 Facettes on their behalf.
Finally, it is recalled that:
- The Products are marketed by the Sellers within the Platform and some Mobile Applications 58 Facettes under their sole responsibility;
- 58 Facettes is not a party to the sales contract concluded between Buyers and Sellers when placing an Order.
Accordingly, 58 Facettes cannot be held responsible for any disputes relating to Orders placed through the Platform and some Mobile Applications 58 Facettes, unless fault is proven.
58 Facettes disclaims all liability:
- in the event of deletion, inability to store, incorrect transmission or untimely transmission of information or data contained within the Platform and some Mobile Applications 58 Facettes 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 and some Mobile Applications 58 Facettes ;
- in the event of damages that may result from downloading or using information or data available on the Internet via the Platform Services and some Mobile Applications 58 Facettes, such as damage to computer systems, loss of data.
ARTICLE 13 – PERSONAL DATA
When browsing the Platform and the Mobile Applications 58 Facettes and the use of the Services offered therein, personal data concerning Users are collected and processed by 58 Facettes.
58 FACETTES undertakes not to infringe on the privacy of Users of the Site and the confidentiality of the information provided. The data collected is intended to establish contact between Users and ensure the proper functioning of the Site. 58 FACETTES may nevertheless be required to transmit this data to technical service providers for the purposes of executing the Order and operating the Site. The data collected will under no circumstances be transferred or sold to third parties by 58 FACETTES.
58 FACETTES uses several third-party services, including Facebook, Firebase, and Klaviyo, to improve the user experience and ensure the proper functioning of the app. By opening and using the app 58 FACETTES for the first time, the user is asked to give his explicit consent for certain usage events to be transmitted to these services for measurement and technical diagnostic purposes. Without this explicit consent, no events related to the use of the application will be transmitted to these third-party services.
- Facebook Ads SDK: Used to measure the effectiveness of advertising campaigns and report anomalies related to the installation or opening of the application. No personally identifiable information is transmitted.
- Firebase: Used to monitor app performance, diagnose technical errors, and analyze user engagement. No personally identifiable information is collected or shared. Firebase collects anonymous or aggregated data to improve the app."
- Klaviyo: Used to send personalized push notifications and marketing emails to users. These notifications and emails may include information about new products, promotions, order confirmations, or reminders of activity on the platform. Klaviyo also allows these communications to be personalized based on the user's past interactions with the application.
The use of Klaviyo for sending push notifications and marketing emails requires the explicit consent of the User. When opening the application for the first time, the User will be asked to give his consent to receive push notifications sent via Klaviyo. These notifications may include information such as order confirmations, promotional offers, or reminders of activity on the platform.
The User can manage or revoke at any time his preferences concerning:
- Push notifications from the app settings or your device settings.
- Marketing emails by unsubscribing via the links provided in each email or via your user account settings.
Without explicit consent, no push notifications or marketing emails will be sent.
Data retention policy:
Personal data collected on the 58facettes.fr Platform and Mobile Applications 58 Facettes are kept only for the period necessary to fulfill the purposes for which they were collected, in accordance with applicable laws. Transaction data are kept for the period necessary to comply with legal (e.g. accounting, anti-fraud) and contractual obligations.
- User account data is retained for as long as the user maintains an active account on the Platform or Mobile Applications.
- If the user remains inactive for a period of 3 years, his personal data will be deleted, unless a legal obligation imposes a longer retention period.
Deletion of data and revocation of consent:
In accordance with the General Data Protection Regulation (GDPR), the User has the right to withdraw his consent at any time regarding the use of his personal data, as well as to request the deletion of his data.
- To revoke consent or request deletion of personal data, the User may contact 58 Facettes at the following address: info@58facettes.com..
- The User may also request the deletion of his user account via the settings of the Platform or Mobile Applications, or by contacting us directly.
After receiving the request, 58 Facettes undertakes to delete or anonymize personal data within a reasonable time, subject to our legal retention obligations
For more information on the processing of personal data carried out in this context, you can consult our data protection policy.
ARTICLE 14 – REPORTING CONTENT
58 Facettes has set up a system allowing any User to bring to its attention any publication on the Platform and the Mobile Applications 58 Facettes of a contentious nature of which it may be aware, in particular any content relating to the repression of the apology for crimes against humanity, incitement to commit acts of terrorism and their apology, incitement to racial hatred, hatred against people on the basis of their gender, sexual orientation or identity or disability, as well as child pornography, incitement to violence (in particular incitement to sexual and sexist 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 individuals: their surname, first name, address and telephone number;
- for legal entities: their name, company name, address, telephone number and the identity of their legal representative;
- the description of the disputed content;
- the reasons for the disputed content, including the mention of legal provisions and justifications of facts;
- the date on which the disputed content was discovered;
- the URL of the disputed content.
It is recalled that the fact, for any person, of presenting to a host content or an activity as being illicit with the aim of obtaining its withdrawal or of stopping its dissemination, while knowing this information to be inaccurate, is punishable by a penalty of one year of imprisonment and a fine of 15,000 euros.
ARTICLE 15 – COMPLIANCE WITH APP STORE GUIDELINES
58 Facettes is committed to complying with all applicable Apple App Store guidelines, including those related to user privacy, content moderation, payments, and security. The app will be regularly updated to meet any new requirements set by Apple.
ARTICLE 16 –– SPECIAL CONDITIONS RELATING TO DIRECT SALE BY PRIVATE SELLERS (“DIRECT LISTING”)
These conditions govern the sale of items on the Platform by private sellers, through the “Direct Listing” service.
- Advertisements submitted by Private Sellers on the Platform go through a moderation phase by the teams of 58 Facettes before going online. This moderation can take up to 1 business day.
- The Private Seller declares that the items belong to him in full ownership, are free from any seizure, pledge or other impediment.
- 58 Facettes reserves the right to reject listings submitted by Private Sellers for any reason.
- 58 Facettes reserves the right to unpublish and remove from sale the advertisements of private Sellers, for any reason whatsoever.
- Any publication or change of sale price for advertisements posted by Private Sellers will be made by mutual agreement between the Private Seller and the Platform.
- The Private Seller undertakes to inform the Platform as soon as possible if an item put up for sale is no longer available for sale.
- Once the item is sold on the Platform, the Private Seller is informed by the Platform. The Private Seller undertakes to deliver (by shipping with a secure shipping slip provided by the Platform, or deposit in store) the item sold as soon as possible to the Platform.
- The Private Seller has a period of 2 working days after the sale to select a method of delivery of the item to the Platform (shipping or deposit). Beyond this period of 2 working days, the sale would be cancelled and the item removed from the Platform.
- The Private Seller then has a period of 3 working days after selecting the delivery method of the item sold from the Platform to proceed with the shipment or deposit of the item sold. After this period, the sale would be cancelled and the item removed from the Platform.
- Once the item is received by the Platform, 58 Facettes performs a rigorous inspection and authentication of the item. This process can take up to 1 business day.
- If the item is authentic and matches the advertisement (condition and characteristics), the item is shipped to the end customer by the Platform.
- In the event that the item requires repair, this will be carried out by the Platform and the costs incurred will be deducted from the amount paid to the private Seller for this sale.
- In the event that the item does not correspond to the characteristics indicated in the advertisement and the sale must be cancelled as a result, the item will be returned to the individual Seller at his expense, according to the following price list: Sale price of the item up to €2,999.99: €15 including tax return costs / Sale price of the item from €3,000.00 to €7,999.99: €30 including tax return costs / Sale price of the item from €8,000.00: €60 including tax return costs
- In the event that the authenticity of the item is in question and the sale must be cancelled as a result, the item will either be returned to the private Seller upon payment of a flat rate of €70 including tax, or destroyed by 58 Facettes.
- Some lots containing gold,silver or of platinum must, by law, be presented to the territorially competent warranty office in order to submit them to alloy tests and to have them hallmarked (Articles 524 and 524 bis of the General Tax Code - Decree No. 2001-1089 of November 20, 2001). 58 Facettes is not authorized to deliver these lots to buyers until they are marked. These markings will be carried out by 58 Facettes at the expense of the private Seller (deducted from the amount paid), at the price of €15.00 including tax per hallmarked part.
- In the event of an incident involving an item during transport, the Platform will reimburse the individual Seller for the sale price less the amount of the commission including tax.
- 58 Facettes charges a 30% VAT-inclusive commission on the sale price. This commission is directly deducted from the amount due.
- Payment will be deposited into your account within 30 days of the sale, provided that the customer does not exercise their right of withdrawal within 14 days of receiving their package.
ARTICLE 17 – 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 shall not 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 consistent case law.
The fact that any clause of the General Conditions of Use becomes null, unenforceable, void, illegal or inapplicable due to a law, a regulation or following a court decision, cannot call into question the validity, legality or applicability of the other stipulations of the T&Cs and will not exempt the User from the execution of his contractual obligations not invalidated.
ARTICLE 18 – DISPUTES AND APPLICABLE LAW
These General Terms and Conditions of the Platform and some Mobile Applications 58 Facettes 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 shall be authentic in the event of a dispute.
These legal notices are subject to French law. Any disputes that may arise regarding their validity, interpretation and execution are subject to the exclusive jurisdiction of the courts of Paris, unless there is a mandatory procedural rule to the contrary.
In application of article L 141-5 of the Consumer Code, the consumer may, at his choice, refer the matter to one of the courts with territorial jurisdiction under the Code of Civil Procedure, the court 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.
Attention: [Insert name and address of Seller as shown on order confirmation]
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods below:
Ordered on/Received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate