GENERAL TERMS AND CONDITIONS OF SALE

Preamble

These General Terms and Conditions of Sale (the "T&Cs") are binding on CASANERA SAS, a single-member simplified joint-stock company with a capital of 40,480 euros, having its registered office at 3 boulevard Wilson 20260 CALVI, registered with the Bastia Trade and Companies Register under number 431686864 ("CASANERA").

CASANERA's activity is the sale of jewellery, accessories and ready-to-wear, the exhibition, purchase and sale of works of art and works of art, the manufacture, purchase and sale of cosmetic, perfumery and beauty products as well as Corsican non-food products (the "Articles").

In particular, CASANERA is responsible for the marketing of the above-mentioned Articles via the website www.https://mariabattaglia.fr/en/ (the "Site"). The exact list of Items offered for sale online by CASANERA can be consulted on the Site.

The T&Cs are reserved for consumers only, within the meaning of the introductory article of the Consumer Code (the "Customer"). 

CASANERA and the Client (together the "Parties") agree that any sale of an Item at a distance, via the Site or by telephone will be governed exclusively by the T&Cs.

CASANERA reserves the right to modify the T&Cs at any time by publishing a new version on the Site. The applicable T&Cs are those in force on the date of validation of the Client's order.

The photographs and descriptions of the Items for sale on the Site are indicative and do not commit CASANERA in any way. Customers have the possibility to obtain additional information by contacting CASANERA

Article 1 – Definitions

1.1 The following terms and expressions shall mean, when preceded by a capital letter, for the purposes of interpreting and enforcing these Terms and Conditions:

"Order": request for the purchase of Items made by the Client to CASANERA;

"Delivery Time": the period between the date of Order Confirmation and the date of Delivery of the Order to the Customer ;

"Delivery Costs": the amount of the costs incurred by CASANERA to deliver the Order to the Delivery address indicated by the Client ;

"Delivery": the transfer to the Customer of physical possession or control of the Item ;

"Delivery Method": refers to any standard or express Delivery method offered on the Site at the time of the Order ;

 "Price" means the unit value of an Item; this value includes all taxes and excluding Delivery Costs ;

"Total Price" means the total amount of the Cumulative Prices of the Items that are the subject of the Order; this amount includes all taxes ;

"All-Inclusive Price" means the Total Price plus the Price of Delivery Charges; this amount includes all taxes ;

"Territory" means the meaning given to this term in Article 3.4 ;

"Validation of the Order": the meaning given to this term in Article 4.1 ;

1.2 References to articles are references to articles of the GTC, unless otherwise stipulated.

Article 2 – Purpose

The purpose of the T&Cs is to define the rights and obligations of the Parties in the context of the online sale of the Products offered for sale by CASANERA to the Customer.
The purchase of an Item on the Site requires the express acceptance of the T&Cs.

Article 3 – Scope and Use of the Site

3.1 To place an order on the Site, the Customer must be of legal age, and/or have the legal capacity to use this Site in accordance with the T&Cs.

3.2 The essential characteristics and prices of the Items sold online are available on the Site. Where applicable, CASANERA will inform the Client if the Items have been the subject of a traditional lapidary practice, by the use of colourless fluids and heating, or bleaching. 

3.3 The Items may be delivered to the following countries (the "Territory"): European Union, England and Switzerland. 

3.4 The Client will be responsible for the payment, customs duties or other local taxes or import duties or state taxes. These rights and sums will be borne by the Client and are entirely responsible both in terms of declarations and payments to the competent authorities and bodies in its country. CASANERA advises the Client to obtain information on these aspects from the competent local authorities.

Article 4 – Ordering of Items and Steps to Conclude the Online Sale

4.1 In order to complete the Order, the Client must follow the following steps:

(1) Log in to the Site ;

(2) Choose the Goods(ies) and put them in the shopping cart. In the event of prolonged inactivity during login, it is possible that the selection of the Items chosen by the Customer prior to such inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Items from the beginning ;

(3) To check the selection of Item(s) ordered (including his/their price) and, where appropriate, to identify and correct errors; 

(4) If applicable, log in to the customer account or create a customer account; 

(5) Fill in the delivery details; 

(6) Choose a Delivery Method; 

(7) Read and accept the T&Cs ;

(8) Verify the Order, the Total Price and the All-Inclusive Price, choose the payment method and definitively validate the Order by committing to pay the price ;

(9) Follow the instructions of the online payment server to pay the All-Inclusive Price (the "Order Validation").

The Client then receives an electronic acknowledgement of receipt of the Order.

4.2 The sale will only be final after the Order confirmation has been sent to the Client electronically (the "Order Confirmation").

4.3 The Client receives confirmation of the shipment of the Order electronically.

4.4 Delivery takes place to the delivery address indicated by the Client at the time of the Order. 

4.5 CASANERA undertakes to honour the Order only within the limit of available stocks of the Items. In the absence of availability of the Articles, CASANERA undertakes to inform the Client.

4.6 In accordance with Article L. 122-1 of the French Consumer Code, CASANERA reserves the right to refuse the Order if it is abnormal (such as an order for quantities of Items exceeding the normal needs of a consumer or abnormal order flows at the same billing and/or delivery address), placed in bad faith or for any other legitimate reason.

Article 5 – Terms of Payment

Payment of the All-Inclusive Price by the Client is made by credit card or via PayPal.

Article 6 – Delivery of the Order

6.1 Delivery Method: the Client chooses one of the Delivery Methods offered on the Website when placing the Order.

6.2 Delivery address: the Client chooses a Delivery address necessarily located in the Territory, under penalty of refusal of the Order. The Client is solely responsible for a failure to deliver due to a lack of indication at the time of the Order. 

6.3 Amount of Delivery Costs: The amount of the Delivery Costs depends on the amount of the Order and the Delivery Method chosen by the Customer. In any case, the amount of the Delivery Costs is indicated to the Client before the Order is validated.

6.4 Delivery Times: Delivery Deadlines are indicative, they are dependent on the Delivery Methods and will be indicated at the time of the Order.

Delivery Times are in working days and correspond to the average time taken to prepare and deliver the Order. 

6.5 Delay in Delivery: CASANERA, to the best of its knowledge, informs the Client by e-mail that the Delivery will take place late. The Client may then decide to cancel the Order and will send CASANERA an email requesting the cancellation of the Order.

In the event that the Order has not yet been dispatched when CASANERA receives the Client's cancellation request, the Delivery is blocked and the Client is reimbursed for any sums debited within fourteen days of receipt of the cancellation notice. If the Order has already been dispatched when CASANERA receives the Client's cancellation request, the Client may still cancel the Order by refusing the package. CASANERA will then proceed to reimburse the sums debited and the return costs paid by the Client within fourteen days of receipt of the return of the package refused complete and in its original condition.

6.6 Transfer of Risk: From the Time of Delivery, the risks affecting the Items are transferred to the Customer. 

6.7 Checking the Order on arrival and reservations

6.7.1 The Customer is required to check the condition of the packaging as well as the Items at the time of Delivery. It is the Customer's responsibility to express the reservations and complaints that he deems necessary on the Delivery document, or even to refuse the Item, when the Item is manifestly damaged at Delivery.

6.7.2 Such reservations and complaints must be addressed to the carrier on the delivery note or by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of receipt of the Items. 

The Client must also send a copy of this letter to CASANERA and notify CASANERA of any discrepancies in the Delivery by e-mail to the following address: [email protected] within the same period. 

6.7.3 The Customer must ensure that the Items delivered to him correspond to the Order. In the event of non-compliance of the Items in kind or quality with the specifications mentioned in the Delivery Note, the Customer must inform CASANERA by e-mail and return the Items to the address indicated in the Item. 7.2.

Article 7 – Right of withdrawal of the Consumer Client

7.1 The Client has a right of withdrawal which it may exercise within 14 (fourteen) calendar days from the date on which the Client, or a third party other than the carrier and designated by the Client, takes physical possession of the Item(s). If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.

7.2 To exercise the right of withdrawal, the Client must notify its decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to the following address: 

- Postal address: 3 boulevard Wilson 20260 CALVI

- Email: [email protected] 

7.3 The Client may, but is not obligatory, use the model withdrawal form at the bottom of these T&Cs.

7.4 The Client who wishes to exercise his/her right of withdrawal must return the Item(s) within the aforementioned period, in its original, complete, new packaging, to the address indicated in the Article. 7.2. Item(s) returned without its original or incomplete packaging, damaged, damaged or soiled by the Customer will not be returned. The return of the Items is the responsibility of the Customer at his expense, except in the case of a non-compliant Item.

7.5 It will be the Client's responsibility to keep all proof of this return, which presupposes that the Item(s) are returned by registered mail, or by any other means giving a certain date. 

7.6 CASANERA will refund to the Client the price of the returned Item(s) as well as the initial shipping costs (the return costs remain at the Client's expense) within 14 (fourteen) days of receipt of the Item(s) or receipt of proof of shipment of the Item(s) (whichever comes first). This refund will be made using the same means of payment as the one used by the Client for the Order, unless a different means is expressly agreed; in any event, this refund will not entail any costs for the Client.

Article 8 – Client's guarantees

8.1 CASANERA is liable for any lack of conformity of the goods with the contract under the conditions of Articles L. 217-3 et seq. of the Consumer Code and for hidden defects in the goods sold under the conditions set out in Articles 1641 et seq. of the Civil Code.

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply. During that period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The legal guarantee of conformity entails an obligation for the professional, if applicable, to provide all the updates necessary to maintain the conformity of the property.

The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience to them.

If the product is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer requests the repair of the goods, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if:

1° The professional refuses to repair or replace the property ;

2° The repair or replacement of the property takes place after a period of thirty days;

3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant goods, or if he bears the costs of installing the repaired or replacing goods ;

4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into compliance.

The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction of the price or the termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.

The consumer does not have the right to cancel the sale if the lack of conformity is minor.

Any period of immobilization of the property with a view to its repair or replacement suspends the warranty that remained to run until the delivery of the refurbished item.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

The seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal warranty against latent defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the holder to a price reduction if the item is kept or to a full refund against return of the item. 

8.2 The Client may exercise their rights by sending their request to CASANERA's sales department:
- Postal address: 3 boulevard Wilson 20260 CALVI
- Email: [email protected]

Article 9 – Intellectual Property Rights

The MARIA BATTAGLIA trademark, as well as all figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images and logos appearing on the Articles, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of CASANERA. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of CASANERA, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype and, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents that are the property of CASANERA.

Article 10 – Protection of personal data

The data collected by CASANERA at the time of the Order is necessary for the execution of the Order as well as for the management of the after-sales service.
The Client is invited to consult CASANERA's Personal Data Protection Policy accessible here in order to be aware of all the provisions relating to the collection and processing of their data.
In accordance with Article L.223-2 of the Consumer Code, any Customer has the possibility to register free of charge on a BLOCTEL telephone canvassing opposition list https://www.bloctel.gouv.fr/afin no longer be canvassed by telephone by a professional with whom he or she does not have an ongoing contractual relationship.

Article 11 – Saving clause

If any of the provisions of the T&Cs are found to be null and void, this nullity will not result in the nullity of the other provisions of the T&Cs which will remain in force between the Parties.

Article 12 – Complaints and amicable settlement of disputes

For any difficulty, the Client is invited to contact CASANERA's sales department:

- Postal address: 3 boulevard Wilson 20260 CALVI
- Email: [email protected]
-Telephone: 04.95.38.94.27
Only complaints relating to the online sale of the Items will be taken into account.
In the event of a dispute that the Parties are unable to settle amicably and in accordance with the provisions of Article L. 612-1 of the Consumer Code, the Client has the right to use the services of a mediator free of charge in the event of a dispute.
The disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the said Code, namely disputes of a contractual nature, relating to the performance of a contract for the sale or provision of services, between a consumer and a professional. The text covers domestic and cross-border disputes.
In the year following the Client's request to CASANERA, the Client may, pursuant to Article R. 616-1 of the French Consumer Code, have his or her request examined by a mediator.
CASANERA adheres to the following mediation service:
The Consumer Mediation Center of Justice Conciliators (CM2C)
14 rue Saint Jean
75017 Paris
[email protected]
https://www.cm2c.net/
At the European level, the Client can consult the website http://ec.europa.eu/consumers/odr/ in order to retain the mediator of his choice.
The Client may, at his own expense, be assisted by an advisor.

Article 13 – Applicable law

These T&Cs are subject to French law, excluding any international convention.

Article 14 – Attribution of jurisdiction

WITHOUT PREJUDICE TO THE PROVISIONS OF PUBLIC POLICY GOVERNING JURISDICTION CONCERNING CONSUMERS, ANY DISPUTE ARISING FROM THE FORMATION, INTERPRETATION OR EXECUTION OF THE T&CS FALLS WITHIN THE JURISDICTION OF THE FRENCH COURTS.
APPENDIX – WITHDRAWAL FORM
To the attention of the CASANERA sales department,
- Postal address: 3 boulevard Wilson 20260 CALVI
- Email: [email protected]
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):
Name of consumer(s):
Consumer(s) address:

Signature of the consumer(s) (only in case of notification of this form on paper)

Date
(*) Strike out unnecessary mention