Introduction

All Products sold by CANAGLIA, outside the www.canaglia.fr website, are subject to the Direct General Purchasing Terms & Conditions.

The following terms and conditions pertain to all products sold via the www.canaglia.fr website (hereinafter referred to as the “Website”) owned and managed by:

CANAGLIA (hereinafter referred to as “CANAGLIA”), a simplified joint stock company with €1,000 (euros) in capital, headquartered at 83 avenue Foch 75016 Paris, France, registered with the Paris Trade and Business Registry under the number 835 084 377, reachable at the e-mail address: contact@canaglia.fr

CANAGLIA is the Website’s official publisher (Nathalie d’Asaro Biondo is the CEO and Gilles Neveu is the Creative Director).

The Website is hosted by David Ronchaud Freelance.

On the Website, CANAGLIA markets fine jewelry and exquisite time pieces (hereinafter referred to as the “Products”) as well as services pertaining to these Products for Internet users who browse on the Website (hereinafter referred to as the “Customers”).

With a view to implementing these General Purchasing Terms & Conditions, when the Customer and CANAGLIA are referred to collectively, they shall henceforth be referred to as the “Parties”, and when referred to separately, they shall be designated as the “Party”.

All Products sold by CANAGLIA are subject to these General Purchasing Terms & Conditions.

CANAGLIA reserves the right to modify these General Purchasing Terms & Conditions at any time by publishing a new version of thereof on the Website. The General Purchasing Terms & Conditions which are applicable at any given time are those in effect when the purchase order was placed.

Article 1: Purpose

These General Purchasing Terms & Conditions have been published to officially establish the Parties’ rights and obligations pertaining to the buying and selling of Products marketed on the Website.

They organize all the steps needed to place an order and ensure delivery and tracking thereof for The Parties.

Article 2: Products

Only the Products featured on the Website on the day when the order is placed, and identified as available, can be sold to the Customer.

The Products and prices offered on the Website are only valid within the limits of the stock available.

The photos and drawings used to illustrate the Products on the Website are non-contractual. Therefore, CANAGLIA cannot be held responsible in case of an error or omission in any of the visuals featured on the Website.

It is the Customer’s responsibility to read each Product Description as well as the corresponding Use and Care Recommendations to fully understand the specific characteristics of each Product.

Each Product purchased will be delivered with a certificate of authenticity. This certificate of authenticity proves the quality of the jewelry, as well as the stones, pearls, etc. used to make it.

Article 3: Price

The prices are listed in euros (including taxes). The Value Added Tax (VAT) corresponds to that which is in force in France on the day when the Purchase Order is placed. Any changes in the applicable tax rate may affect the price of the Products and services provided by CANAGLIA.

The applicable prices are those listed in the Website when the Purchase Order is placed. After that date, the prices may change at any time.

The Shipping & Handling fees will be communicated to the Customer in the preliminary summary statement for each Purchase Order prior to approval by the Customer.

Article 4: Duration

The sales offers featured on the Website, governed by these General Purchasing Terms & Conditions, are valid for all Products as long as they are available online.

These General Purchasing Terms & Conditions shall be considered as approved by the Customer as soon as s/he has double clicked to approve the Purchasing and remain applicable for the duration necessary for supplying the Products until the guarantees expire.

Article 5: Purchase Orders

5.1. Customer Identification

Purchase Orders cannot be completed without a Customer Account. To create a Customer Account, the Customer must simply click on the “Create an Account” button and accurately complete all the required fields in the online form. This information is needed to ensure proper identification when logging into the Website (using a valid e-mail address and whatever password s/he wishes, which will remain confidential and personal).

The personal password (PW) to access the Customer Account must include at least twelve (12) characters.

The Customer must indicate his/her first name, last name, date of birth, postal address and telephone number to create his/her Customer Account.

The Customer must log into his/her personal account to confirm a Purchase Order using his/her email address (user ID) and password (PW).

The Customer hereby accepts that the entry of these two data on the Website provides sufficient proof of his/her identity.

The Customer is responsible for choosing and keeping track of his/her user ID and PW as well as protecting their confidentiality. CANAGLIA cannot be held responsible in any way if a third party were to use these data to access the Customer Account and/or place an order.

To process online Purchase Orders, deliver the desired Products to the Customer, and issue the corresponding Invoice(s), the Customer’s personal data must be collected. This information shall remain strictly confidential.

5.2. Order Placement

The Customer has the option to place an order from the list of Products available on the Website.

The Customer can order any Product(s) he/she would like from the list of options available by clicking on “Add to Basket”.

Depending on the type of Product, the Customer may also have the option to choose a specific size.

After the Product has been added to the Customer’s shopping basket, s/he can either continue shopping and adding more Products to the Purchase Order by clicking on “Continue Shopping” or check the Purchase Order by clicking on “See My Basket”.

At any time, the Customer can:

  • Check to see which Products are in his/her shopping basket, in what quantities, at what prices and other details pertaining thereto, by clicking on the “My Basket” icon or “See My Basket”
  • Change or cancel an entire order or certain Products within an order
  • Confirm the order placement by clicking on “Confirm My Order”

5.3. Order Finalization

At this point in the Purchasing Process, the Customer will have access to a page on the Website detailing the proposed purchase agreement as well as the Customer’s invoicing address, which can be changed if needed.

Then, the Customer will be shown the list of Products that have been placed in the shopping basket. Here, s/he can choose to include a personal note. If it is the first delivery to this address, the Customer will have to specifically enter the data before moving on to the next step in the purchasing process.

The amount due will be indicated in the Purchase Order summary, which the Customer will approve to confirm the Order Placement.

The Customer will then enter his/her credit/bank/payment card information (Visa, Eurocard, Mastercard or Carte Bleue), in compliance with these GTC: including the card number, expiration date and cryptogram (3 numbers on the back of the card).

The card shall be debited as soon as the Purchase is confirmed by the Customer online. In any case, the amount debited corresponds to the Product(s) purchased and delivered.

Please note that any purchase made using a credit/bank/payment card will automatically redirect the Customer to the banking server.

In any case, online data entry of the credit/bank/payment card information and confirmation of the Order shall be considered as proof of the Purchase, in accordance with the provisions of articles 1366 and those which follow in the French Civil Code. They shall also prove the amounts due for the Products listed on the Purchase Order.

This validation shall be considered as an official signature and specific acceptance of all the operations completed on the Website.

5.4. Purchase Confirmation

At the end of the Payment, the Customer will be directed to a summary page where all the details of the Purchase Order and Payment will be specified.

Prior to the Products’ delivery, a Purchase Order summary will also be sent to the Customer’s e-mail address. This document serves as acknowledgement of receipt and therefore also specifies all the elements of the transaction between the Parties.

5.5. Order Tracking

To see the status of an Order, the Customer can log into his/her personal online account and click on “My Account” or “My Orders”.

Article 6: Product Delivery

The Customer can choose to have the Products delivered to whatever address s/he indicates when placing the Purchase Order, and this address can be different from the billing address.

The Products purchased by the Customer can be delivered worldwide via DHL.

CANAGLIA will make best efforts to ensure delivery within three (3) to four (4) weeks from payment.

Please note that all Orders placed on the CANAGLIA Website after Friday midday, on Saturdays, Sundays or French bank holidays shall be handled on the next business day.

In compliance with Article L. 216-2 of the Consumer Code, it is specified that if the delivery time indicated to the customer is exceeded and if it appears that this period constituted for the customer an essential condition of the contract, the customer can immediately resolve the contract.

This “essential condition” arises from the circumstances surrounding the conclusion of the contract or the Customer’s express request prior to conclusion of the contract. In such cases, the Contract will be considered as Resolved upon CANAGLI’s receipt of the Customer’s written letter informing CANAGLIA of this resolution (postal mail or e-mail to Contact details listed in the “Contact Us” section of the Website).

If the contract is resolved due to a delay in the delivery of product(s), CANAGLIA is committed to reimburse the Customer for all the sums paid corresponding to the price of the product(s) not delivered, within fourteen (14) days of the date on which the Customer cancelled the Contract (Article L. 216-3 of the Consumer Code). In any event, if for reasons beyond the control of CANAGLIA the latter would be unable to fulfil its obligation of delivery (especially in the case of Force Majeur or out of stock), CANAGLIA will immediately inform the Customer and proceed to cancel the Order.

Article 7: Order Receipt

As soon as the Customer receives the Delivery of the Products ordered, s/he must inspect the Products and compare them to the Purchase Order. If anything is not right (especially if the packaging or Products are damaged or anything is missing), it is imperative that s/he notify CANAGLIA CUSTOMER SERVICE in writing within thirty (30) days of the Delivery at the following address: 83 avenue Foch – 75116 Paris, FRANCE.

Subject to the stipulations concerning the right of withdrawal specified in Article 8 hereunder and the legal guarantees specified in Article 11 hereunder, any claims addressed more than 30 days after receipt of the products will be rejected and CANAGLIA shall not be held liable under any circumstances.

The Customer may be required to return any Products that are considered damaged or do not conform to the Purchase Order, if CANAGLIA deems necessary.

CANAGLIA reserves the right to refuse to serve the Customer for any future Purchase Orders if CANAGLIA considers the Customer’s claims abnormal or abusive.

Article 8: Product Returns/Reimbursements

The Customer has the right to return any Product(s) within fourteen (14) days of their delivery and receive reimbursement without having to justify the reason for this decision.

All Products must be returned in their original condition and all their original packaging, along with the corresponding return slip and certificate of authenticity. Products must be sent by post to: 83 Avenue Foch, 75116 Paris, FRANCE.

Products that are damaged, scratched, incomplete or soiled by the Customer cannot be returned.

The Customer shall incur no penalties for this transaction, except the costs of shipping (both the initial and return shipping).

Within fourteen (14) days of CANAGLIA’s receipt of the returned Product(s), under the above-specified terms and conditions, the Product(s) price(s) as indicated on the corresponding Purchase Order shall be reimbursed. Reimbursement of the initial handling costs shall be based on standard shipping rates.

CANAGLIA is not required, under any circumstances, to reimburse any express shipping costs requested by the Customer which are more expensive than the standard shipping offered.

All risks related to the Product’s return are entirely the Customer’s responsibility. The Customer is fully responsible if the Product is lost or damaged between CANAGLIA’s initial delivery of the Product(s) and CANAGLIA’s receipt of the returned Product(s), whether this is caused by the Customer, a third party or a postal service/carrier that is not the one recommended by CANAGLIA (Article L. 216-1 of the French Consumer Code).

The Customer cannot return or exchange any Product(s) that have been customized to the Customer’s specifications or clearly personalized.

Article 9: Exchanges

CANAGLIA shall not exchange any Products whatsoever. Any Products that are returned in compliance with the Terms & Conditions specified in Article 8 (above) shall only be considered for reimbursement.

Article 10: Responsibility

The information published on this Website is only to be regarded as general information. CANAGLIA is careful to publish complete, accurate information but cannot guarantee the precision or exhaustiveness thereof. As such, CANAGLIA shall not be held responsible in any case whatsoever for errors published on the Website and cannot guarantee that the use of this Website does not affect the rights of third parties. Any and all use of this Website is done at the user’s own risk.

CANAGLIA does not take any responsibility for the technical operation of its Website, and in no way guarantees the complete absence of viruses or other harmful elements on its Website or on the servers used to access it. If the use of the Website or its contents were to result in a nuisance to the user, such as having to repair or replace equipment, materials or databases, CANAGLIA cannot not be held liable for the costs incurred by such operations. Generally speaking, all the information contained on the Website is provided “as is” and “accessible according to the availability of the Website” without any express or implied warranties as to the accuracy, reliability or completeness of the Website’s content.

CANAGLIA declines all responsibility for the following:

  • Any imprecision, inaccuracy or omission linked to the information published on the Website
  • Any damages resulting from a fraudulent intrusion by a third party which might lead to modifications in the information published on the Website

CANAGLIA cannot be held responsible for delays in deliveries due to errors or disturbances attributable to carriers (including situations such as workers’ strikes or issues that arise among the postal services or means of transport and/or communications).

Article 11: Commercial Guarantee

All Products sold on the Website come with a legal guarantee of conformity as per Articles L.217-4 through L2017-13 of the Consumer Code and a guarantee against flaws as per Articles 1641 through 1648 and 2232 of the Civil Code. These Articles are reproduced below:

It should be noted that when leveraging a legal guarantee of conformity, the Customer:

  • Has a maximum of two (2) years from the date of the Product’s delivery to take action
  • Can choose either repair or replacement of the Product subject to the cost conditions set forth in Article L.217-9 of the Consumer Code
  • Is exempted from reporting evidence of the failure to comply with the property during the twenty-four (24) months following the issuance of the property. The legal guarantee of conformity applies irrespective of the commercial guarantee which may be granted.

It should be noted that when it pertains to a guarantee of protection against latent defects:

  • The Customer can decide to implement the guarantee against latent defects in the item sold in the sense of Article 1641 of the Civil Code and that in this case, s/he can choose between the resolution de of the Purchase or a reduction in the price of the Product purchased in accordance with Article 1644 of the Civil Code.

The Customer must call into play the guarantee against latent defects within two (2) years of the discovery of the defect (Article 1648, 1st line of the Civil Code).

Article 12: Data Protection & Freedom

CANAGLIA places utmost value on the respect and protection of its Customers’ personal data (hereinafter referred to as “Personal Data”) and is committed to ensuring their safety and protection.

In this sense, CANAGLIA ensures that all the personal data processing it implements comply with the provisions of the European Parliament and Council Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons in the processing of personal data and the free movement of such data (General Regulation on Data Protection repealing Directive 95/46/EC, hereinafter ‘RGPD’) and the provisions of Law number 78-17 of 6 January 1978 relating to computer files and modified freedoms.

12.1 Personal Data Processing & Purpose

The purposes of the data processing carried out by CANAGLIA correspond to a specific and legitimate use. The provision of personal data is necessary in order to enable us to carry out the operations relating to the management of the customer relationship and those aimed at improving our services. Your personal data is thus collected and processed mainly in the context of:

Your Personal Data is collected and processed primarily for the following purposes:

  • Managing requests for information
  • Opening a Customer Account on the Website
  • Conclusion and execution of your Orders (no Orders can be placed or processed without your Personal Data)
  • Management of Order(s)
  • Establishing invoices
  • Handling shipping and deliveries of Products
  • Customer Relationship Management and handling of Claims
  • To comply with the legal obligations and regulations in force
  • For reasons that are of our legitimate interest. In this case we ensure a strict proportionality between our legitimate interest and the respect for the privacy of our Clients. In this context, your personal data can be processed in particular:
    • To exercise, defend and preserve our rights, for example in disputes, and to establish evidence of a possible violation of our rights;
    • To manage and improve our customer relationship;

The optional or compulsory nature of the personal data to be provided is clearly identified on the Website, with the mandatory fields designated by an asterisk (*).

12.2 Personal Data Collected

CANAGLIA promises to only collect and process the Customer’s personal data for the above-mentioned purposes.

To fulfill the above-mentioned purposes for collecting the Customer’s personal data, CANAGLIA may collect the Customer’s following information:

  • Last Name
  • First Name
  • Postal Address
  • E-mail Address

12.3 Personal Data Users

Unless otherwise stated, the Customer accepts that his/her personal data be transmitted solely for the purpose of executing the Order and within the limits of the strictly necessary information to:

  • The people in charge of Logistics, IT, Administration, Marketing, Sales, Customer Relations and Prospecting, as well as their hierarchical managers and those in charge of supervision
  • CANAGLIA’s partners who support the Order processing:
    • Suppliers
    • Service Providers

12.4 Personal Data Storage

CANAGLIA keeps personal data for the duration necessary for the purposes for which they were collected.

Thereafter, it shall delete such data, or where appropriate, archive it to meet the legal obligations to which CANAGLIA is subject and in accordance with the CNIL’s recommendations concerning archiving procedures.

12.5 Personal Data Protection

CANAGLIA undertakes to ensure the security of the data collected in order to prevent them from being distorted, damaged or communicated to unauthorized third parties. No personal data shall be collected without the customer’s knowledge or processed for unforeseen purposes.

It shall implement the appropriate technical and organizational measures to avoid the loss, misuse, alteration and deletion of the personal data collected.

The personal data collected are treated in accordance with the confidentiality guidelines for the duly authorized CANAGLIA personnel. CANAGLIA shall also ensure that each of the service providers it contracts for the purposes of processing such data shall establish appropriate safeguards in order to ensure the integrity and confidentiality thereof.

12.6 Rights of the People Concerned

According to the current legislation, the Customer has the right to access, rectify or delete his/her personal data in CANAGLIA’s files, or to limit or refuse to allow the processing thereof.

Each Customer also has the right to the portability of his/her personal data. This right allows the Customer to recover some of his/her data in an open and machine-readable format. S/he can then easily store or transmit such data from one information system to another, for reuse for personal purposes.

Such requests should be sent by post to:

CANAGLIA
83 avenue Foch – 75116 Paris

Or by e-mail to: contact@canaglia.fr

The Customer must specify in this request his/her first name, last name, postal address and e-mail address, and prove their identity by including a photocopy of his/her official, legal I.D. papers.

In the event the Customer considers that his/her rights are not respected with regard to the protection of his/her personal data or that an action relating to the conditions of the processing of personal data would be incompatible with the provisions of this clause or the legislation in force, it may make a claim to CANAGLIA, or the CNIL at:

CNIL
3 Place de Fontenoy – TSA 80715 –
75334 PARIS CEDEX 07 FRANCE

Tel: +33 (0)1 53 73 22 22
Fax: +33(0)1 53 73 22 00
https://www.cnil.fr/en/contact-cnil

The Customer also has the right to establish specific or general directives regarding the post mortem management of his/her personal data. Specific directives can be established directly with CANAGLIA. General directives can be established through a trustworthy digital third party certified by the CNIL. The Customer has the right to modify or cancel these directives at any time.

Article 13: Transaction Proof & Archiving

Orders are archived on CANAGLIA’s server for five (5) years after the last Order under a total value of €120 (one hundred and twenty euros). Orders in excess of one hundred and twenty euros (€120), shall be archived and accessible for ten (10) years from the date of the product’s delivery, in accordance with the provisions set forth in Article L. 213-1 of the Consumer Code. Customers can access their Order details by logging into their personal online account.

Article 14: Force Majeure

CANAGLIA shall not be held liable for the total or partial non-fulfilment of its obligations under this contract, if such non-performance arises either from the Customer or from a fact, unforeseeable and insurmountable, from a third party to the contract or due to a Force Majeure, as defined by the jurisprudence of the French courts, including but not limited to, total or partial strikes such as that of the postal services, means of transport and/or communications.

CANAGLIA shall notify the Customer within five (5) working days of any Force Majeure event.

The Parties agree to discuss the best ways to handle the Purchase Order affected by any such Force Majeure.

Beyond a thirty (30) day period of interruption in the processing of a Purchase Order due to Force Majeure, the Parties will be released from their mutual obligations. If necessary, CANAGLIA will reimburse the Customer as soon as possible.

Article 15: Intellectual Property

The Website is owned and operated by CANAGLIA. All of the elements comprised therein, including the graphic guidelines, domain name, texts, comments, photos, videos, brands, graphics, concept, illustrations, images and all other distinct indications that appear on the Website www.canaglia.fr are protected by the current legislation regarding intellectual property rights and copyrights, for which CANAGLIA holds all rights.

Any unauthorized use of the Website or its contents constitutes an infringement of Caniglia’s rights and would be considered counterfeit and would be sanctioned by the Intellectual Property Code’s articles L. 335-2 and those thereafter.

Article 16: Agreement Clause

In the event any of the clauses of the present General Purchasing Terms & Conditions becomes null and void due to a change in legislation, regulation or court decision, this would not in any way affect the validity and respect of Present General Purchasing Terms & Conditions and use.

Article 17: Applicable Laws & Dispute Settlement

These General Purchasing Terms & Conditions are subject to French Law.

In the event of a dispute, the Customer may send any written complaint to CANAGLIA at the address specified in the Introductory paragraph of these GTC or by e-mail directly on the Website under the heading “Contact”.

All claims shall be handled as quickly as possible.

In case of disagreement on the proposed solution, the Customer can use a mediator. In accordance with the provisions of the Consumer Code regarding the amicable settlement of disputes, the company CANAGLIA adheres to the services provided by the e-commerce mediator FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – France – http://www.mediateurfevad.fr.

After the Customer’s written notification to CANAGLIA, the mediator service can be contacted to assist in any consumer litigation for which a settlement has not been reached. For details on mediator referrals, click here [Lien à insérer].

Such mediation services are free of charge for all CANAGLIA Customers.

The Customer and CANAGLIA remain free to accept or refuse the use of a mediator, and in the event of mediation, they are also free to accept or refuse the solution proposed by the mediator.

CANAGLIA hereby informs the Customer that in addition to the FEVAD’s e-commerce mediators, the European Commission has created an online platform, https://webgate.ec.europa.eu/odr/, to collect claims regarding an online purchase by European consumers.

In the event of a dispute, the French courts will be the only competent legal authorities.

APPENDIX 1: Order Cancellation Form

Please complete and return this form only if you wish to withdraw from the contract.

By post to the following address:

Canaglia – 83 avenue Foch – 75116 Paris – France

 By e-mail, at the following address*:

contact@canaglia.fr

I/we** hereby notify you of my/our** withdrawal from the contract pertaining to the following Purchase Order:

Last Name, First Name:

Postal Address:

Purchase Order number:

Purchased on:

Received on:

Today’s Date:

Signature:

This paper form, fully completed, is only to be used to rescind a Purchase Order.

*You must make sure that you receive an e-mail confirmation of receipt of your request.

**Cross out the inappropriate mention.

APPENDIX 2: Provisions Relating to the Legal Guarantees

In compliance with Articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code.

 

Article L. 217-4 of the Consumer Code states that the seller is required to deliver a product which complies with the purchase order and respond to claims as per issuance. It must also respond to defects in conformity resulting from the packaging, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility.

 

Article L. 217-5 of the Consumer Code states that in order to comply with the contract, the product must:

  • Correspond to the standard use of a similar product and, where appropriate, correspond to the description given by the seller and possess the qualities presented to the Customer in the form of a sample or model; and present the qualities that a purchaser can legitimately expect in respect of public declarations made by the seller, by the producer or by his representative, in particular in advertising or labelling;
  • Or present the characteristics defined by the common agreement between the Parties or be specific to any special use sought by the purchaser, brought to the knowledge of the seller and which the latter has accepted.

 

Article L. 217-12 of the Consumer Code states that the action resulting from failure to comply is prescribed by two years from the issuance of the property.

 

Article 1641 of the Civil Code states that the seller is liable for any hidden defects in the Product sold which render it unfit for the use to which it is intended, or which so diminishes this use, that the purchaser would not have acquired it, or would have given only one lower price, if s/he had known about such defects.

 

Article 1648 paragraph 1 of the Civil Code states that the action resulting from the hidden defects must be officially identified by the purchaser within two years after the discovery of the defect.