PREAMBLE
This site is operated by Castagnina.
The present general conditions of sale apply to all orders placed with Castagnina for all items and services offered on the castagnina.com website by non-trading individuals. Consequently, the fact that any person orders a product offered for sale on the Castagnina website implies full and complete acceptance of these general conditions of sale, which the Client acknowledges having read prior to ordering.
Castagnina reserves the right to modify these General Conditions of Sale at any time. Nevertheless, the General Conditions of Sale applicable to the order placed by a Client on the Castagnina.com Website are those accepted by the Client at the time of placing the order.
ARTICLE 1: COMPLETENESS
These General Terms and Conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation all the provisions set out in these General Terms and Conditions of Sale. Castagnina, for its part, undertakes to respect its role as a retailer within the framework of the said conditions.
ARTICLE 2: PURPOSE
The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods and services offered by Castagnina via its castagnina.com website.
ARTICLE 3: SCOPE OF APPLICATION
These General Conditions govern the sale of products on the day the order is placed by the client. They apply to all methods of placing orders offered by Castagnina. They may be modified by Castagnina at any time.
ARTICLE 4: ORDERING
4.1. Capacity to contract
All clients of Castagnina declare that they have the capacity to contract under the conditions described below, i.e. that they are emancipated minors or have reached the age of legal majority and that they are not protected within the meaning of article 488 of the Civil Code.
Castagnina reserves the right to refuse any Order from a Client with whom a dispute exists or appears during the processing of an order, in particular a payment dispute.
4.2. Acceptance of the conditions by the Customer
These conditions can be read directly on the castagnina.com website. At the Customer's request, they can also be sent by e-mail. The fact that the Customer ticks the box "I have read the general conditions of sale and I accept them" before validating his/her order automatically implies the Customer's express acceptance of these Conditions without restriction or reservation. By this act, the Customer acknowledges that he/she has read and understood these Conditions and accepts them.
4.3. Placing the order
The Client may place an order with Castagnina by internet 24 hours a day, 7 days a week.
Once the products have been selected and the basket validated, the Customer must :
1. Identify themselves either by entering their email address and password, which are strictly personal to them, or by providing all the information usually requested for online registration.
2. Indicate the information required for delivery. This applies in particular to the precise delivery address and any restrictions on access to the delivery location (building, code access, etc.).
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In all cases, the online provision of the credit card number and the final validation of the order by the Customer will constitute proof of the order and the payment of the sums for the products selected in the order. This validation is equivalent to signature and acceptance of all operations carried out on the castagnina.com website.
4.4 Information provided at the time of ordering
The Customer is responsible for the accuracy and completeness of the information in his/her Customer account and order to ensure that it is processed correctly. Thus, in particular, the Customer's address and the delivery address of the order are under his entire responsibility. Castagnina cannot guarantee the consequences or be held responsible for additional delivery times or additional delivery costs. Any costs incurred by Castagnina as a result of errors in the information provided by the Client will be borne by the Client, in particular the costs of re-sending the order.
4.5. Order confirmation
An e-mail is automatically sent to the Customer to confirm that the order has been placed, provided that the e-mail address given in the registration form is correct.
4.6. Order tracking
The Customer may at any time check the status of his/her order by consulting the "My Account" section on the castagnina.com website. This monitoring allows the Customer to know the status of the processing of his/her order, as well as the status of the dispatch or delivery of his/her parcels. This last delivery tracking is carried out in interface with the Internet tracking means of the carriers. Castagnina cannot therefore be held responsible for any unavailability or errors which may affect the information supplied by its carriers. Castagnina nevertheless endeavours to make this information as clear as possible and to ensure the best possible transport with its carriers. The Client may at any time contact Castagnina's customer service in order to be informed of the progress of his/her order.
4.7. Proof of order
The computerised registers, kept in Castagnina's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.
ARTICLE 5: PRODUCT INFORMATION
5.1 Product information and characteristics
In accordance with article L 111-1 of the French Consumer Code, Castagnina endeavours to present the essential characteristics of its products as accurately as possible on the product data sheets, which the Client should be aware of.
The photographs and graphics presented on the Castagnina website or in the e-mails sent by Castagnina are given for information only. In particular, Castagnina cannot be held responsible for any difference in the perception of colours between the photographs or graphics presented and the Products.
The aforementioned company will do its utmost to ensure that the photographic representation of the Products on the castagnina.com website is as faithful as possible. Nevertheless, it is possible that the perception of the Product(s) does not fully correspond to the Product(s), as the latter are handmade in the workshop.
5.2. Prices
Prices are given in euros. The price guaranteed to the buyer is that displayed on the site at the time of purchase.
The price set at the time of purchase is firm and final. It does not include delivery charges, which will be invoiced in addition and indicated in the order confirmation.
For deliveries within the European Union, prices include the VAT applicable on the day of the order. They are therefore shown inclusive of VAT.
No other customs duties or VAT will be payable for deliveries within the European Union. Any change in the applicable rate may be reflected in the sale price of the products in the catalogue.
Orders to countries outside the European Union are not subject to French VAT. The prices indicated on the site for these orders are exclusive of tax and therefore do not include VAT. However, these orders are subject to any taxes and customs duties applicable in the country of destination.
ARTICLE 6: PAYMENT
The Customer may pay for the order online by credit card (Carte Bleue, Visa, Eurocard-Mastercard) using the Stripe solution. The Client guarantees Castagnina that he/she has the necessary authorisation to use the method of payment chosen by him/her when validating the order form. Purchases are debited from the client's account when the order is processed.
Castagnina makes every effort to ensure the security and confidentiality of data transmitted online. To this end, the site uses a secure SSL (Secure Socket Layer) payment method, which encrypts your bank details as they are transmitted over the network. You can see that the transmission is encrypted by software as soon as the padlock symbol appears in your browser. The transaction is carried out via the Stripe online payment solution, which alone has access to the bank details provided on the site at the time of payment.
Castagnina reserves the right to suspend any order and any delivery in the event of refusal to authorise payment by credit card by the officially accredited bodies or in the event of non-payment.
Castagnina reserves the right to refuse to make a delivery or to honour an order from a Client who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
As part of an order verification procedure designed to ensure that no one is using another person's bank details without their knowledge, the Client may be asked to send Castagnina a copy of an identity document and proof of address by e-mail. The order will only be validated after receipt and verification by our services of the documents sent. If these documents are not received within 15 days of the order being placed, the order will be automatically cancelled.
ARTICLE 7: LIABILITY
Castagnina undertakes to describe the products sold on the castagnina.com website as accurately as possible.
The new products offered comply with current French legislation and the standards applicable in France.
Castagnina cannot be held responsible in case of non-respect of the legislation of the country where the product is delivered. It is the Client's responsibility to check with the local authorities the possibilities of importing or using the products he/she intends to order.
Furthermore, Castagnina may not be held liable for any inconvenience or damage relating to the use of the Internet network, such as a break in service, the presence of computer viruses or external intrusions or, more generally, any event qualified as force majeure by the courts.
ARTICLE 8: DELIVERY
8.1. Delivery zones
Castagnina delivers to all countries.
8.2. Means of delivery in Metropolitan France
For deliveries in Metropolitan France and the French Overseas Departments and Territories, the Customer is offered two types of delivery method: La Poste, with tracking (Lettre Suivie, Frequenceo or Colissimo).
- FOLLOW-UP POST
The parcel is delivered without a signature to the address chosen by the Customer, directly to the Customer's letterbox. The Customer will be able to track the routing and delivery of their order using the tracking number given to them at the time of dispatch.
The indicative delivery time is 48 hours.
8.3. Means of delivery outside mainland France
In Europe and abroad, delivery is via the carrier: La Poste suivi (Delivengo or Colissimo International).
The costs incurred depend on the country of destination and the total weight and volume of the items selected. Costs and delivery times are indicated to the Customer before the order is finally confirmed.
Orders to countries outside the European Union are not subject to French VAT. However, they may be subject to taxes and customs duties in the country of destination. These costs and the related formalities are the responsibility of the customer/destinee. They must be paid directly to the carrier at the time of delivery.
The customer is also responsible for checking whether the products ordered can be imported under the laws of the country of delivery. We recommend that you contact the Customs Department for further information.
8.4. Packaging
The products are packaged in such a way as to comply with current transport standards and to ensure optimum protection of the products during delivery. The Customer is asked to respect these same standards when returning a product, whether for after-sales service or for a return for convenience. In the case of a product return, if we find that the product has been returned to us damaged due to packaging of insufficient quality, Castagnina may decide to refund only part of the product or refuse to refund it if it is impossible to resell it in its original condition.
8.5. Customer's liability
Castagnina reminds that it is the Client's responsibility to inspect the parcel upon receipt in the presence of the delivery person and to immediately notify the carrier as well as Castagnina of any anomaly noted (shock, damaged parcel, delivery date not conforming to the normal delivery service deadlines). In the event that such information has not been included on the delivery note presented to the Client by the carrier, no claim relating to the condition of the parcel(s) may be accepted a posteriori by Castagnina.
Products are delivered to the address indicated by the Customer on the order form. The Customer must check the completeness and conformity of the information provided to Castagnina, who cannot be held responsible for delays in delivery due to errors or disruptions attributable to the carriers (including in particular in the event of a total or partial strike of the postal services and means of transport and/or communications).
8.6. Delivery delays linked to the carrier
In the case of a delay in delivery in relation to the times announced by the carriers, the Client must first contact the carrier or its distribution office in the case of La Poste, to see if the parcel is not pending. If this is the case, the Client may contact Castagnina Customer Service by telephone or e-mail in order to open a dispute or investigation file to search for the parcel.
Sometimes parcels are lost by carriers. The deadlines imposed by the carriers mean that the Client must declare the loss within 10 days of receiving the dispatch notice from Castagnina. Under these conditions, Castagnina will make the necessary claims to the carrier concerned. Once the claim has been made and an investigation opened, it may take 3 to 4 weeks to receive a return from the carrier.
If the parcel is found, it will be forwarded immediately to the Client's home address. If the parcel is not found, the Customer may request the return of the same product (within the period of availability), at Castagnina's expense, or the reimbursement of the amount paid. If the product(s) ordered are no longer available at that time, Castagnina will reimburse the amount of the products concerned by the loss of the carrier.
8.7. Damaged parcels
It is the Customer's responsibility to check the condition of the package in the presence of the carrier and to make any necessary reservations on the delivery note in the event of partial or total deterioration. In the absence of any reservations, the product is deemed to have been accepted by the Client and may not be the subject of any dispute concerning its delivery. The Client must inform Castagnina by e-mail as soon as possible, so that Castagnina can take the necessary measures as soon as possible.
ARTICLE 9: TRANSFER OF RISK
The transfer of risks to the client occurs as soon as Castagnina hands over the products to the carrier. Products travel at the client's risk. The same applies to products sent or returned carriage paid.
During the withdrawal period referred to in Article 11 below, the Customer is responsible for the goods as custodian. In the event of deterioration or destruction of the product while in the custody of the Customer, the latter shall bear all the consequences thereof.
ARTICLE 10: FORCE MAJEURE
In addition to those normally accepted by the case law of the French courts, the following are considered to be cases of force majeure: total or partial strikes, internal or external to the company, blockage of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blockage of telecommunications including networks and in particular the Internet.
Castagnina will do its utmost to inform the client of the status of the shipment of his parcel, but cannot be held responsible for any delays caused.
ARTICLE 11: RIGHT OF WITHDRAWAL
Within 14 working days of delivery of their order, customers have the right to return, at their own expense, any products that do not suit them, for exchange or reimbursement, in accordance with article L 121-16 of the French Consumer Code.
If this period expires on a Saturday, Sunday or public holiday, it will be extended until the next working day. The returned product must be in its original condition and packaging. It must not have been used, nor have it suffered any deterioration, however slight, and it must be in a perfectly clean condition.
The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless the Customer specifically requests a credit note, valid for six (6) months from the date of issue. The refund will be made as soon as possible and at the latest within 14 days of the Customer exercising his/her right of withdrawal. This period may however be extended by Castagnina until Castagnina has received the goods returned by the Client to the address indicated on the return form, or until Castagnina has received proof of dispatch of the Articles by the Client. When the period of fourteen (14) days expires on a Saturday, Sunday or public holiday, it is extended until the next working day. In accordance with article L.221-23 of the Consumer Code, the right is exercised by returning the Article, with only the carriage costs remaining payable by the Customer.
For orders delivered in France, Customers may benefit from a prepaid return voucher in accordance with article 15 hereof, and (2) in the event of non-conformity of the Articles delivered in relation to the Order (in this case, the return costs will be borne by Castagnina).
The right of withdrawal is exercised under the same conditions from the time of the Order and before Delivery.
Castagnina suggests the Client to return the products by registered mail or with an additional insurance, guaranteeing, if necessary, the compensation of the products up to their real market value in case of spoliation or loss of the goods. In all cases, the goods are returned at the Customer's risk. It is the Customer's responsibility to retain all proof of return. The cost of the return is borne by the Customer, who is free to choose the method of shipment.
Return address :
Castagnina
Vannina Bernard Leoni
14 rue du commandant Penciolelli
20250 Corte
France
In the event of failure to respect these deadlines, Castagnina will not be able to reimburse the Client.
Only items returned in their original packaging in perfect condition for resale (cotton bags, etc.) will be accepted. Consequently, returns of products that have been washed and/or worn, as well as damaged packaging, will be refused.
Withdrawal may never be exercised if the Articles delivered have been, even partially, washed, soiled, damaged or used. Similarly, Items returned incomplete, damaged or soiled by the Customer will not be taken back or exchanged.
Items must also be accompanied by the order number.
The Customer may only be held liable in the event of depreciation of the Article resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Articles.
Refunds in the event of the right of withdrawal being exercised will be made by the same means of payment as that used by the Customer for the initial transaction, unless the Customer specifically indicates otherwise.
ARTICLE 12: GUARANTEE
New products sold on the castagnina.com website are covered by the legal guarantee against hidden defects provided by articles 1641 et seq. of the French Civil Code. Any complaint must be made in advance by e-mail via the "Customer Service" section of the Site.
ARTICLE 13: PERSONAL DATA
Visitors to or Clients of the castagnina.com website have the right to access, modify, rectify and delete data concerning them at any time, in accordance with article 34 of the French Data Protection Act of 6 January 1978.
When a Customer registers or places an order, or in the context of other specific operations, Castagnina offers Visitors or Customers the opportunity to receive its newsletters, promotional offers and/or to register in order to be informed of its exclusive sales. The Visitor or Client may at any time modify their subscription via their personal account, or via the hypertext link appearing at the bottom of the newsletters received by e-mail.
Castagnina undertakes to effectively take into account modifications to subscriptions and unsubscriptions to commercial e-mails sent by Castagnina as soon as possible in accordance with the necessary processing.
Castagnina may also offer its Visitors or Clients the possibility of receiving promotional offers from its partners. Castagnina may for commercial purposes transmit to commercial partners the identity and contact details of its Users or Clients, only insofar as they have accepted the disclosure of their personal data. Users and Clients may modify their choices at any time on the Castagnina website.
Castagnina uses data collection systems such as cookies. A cookie is a computer file stored on the hard disk of the user's computer. Cookies make it possible to indicate a previous visit by the user to the site and to link the user to his/her personal data left on the site, in particular for the purpose of identifying the order basket.
Castagnina informs its Clients that the processing of this nominative and/or personal information has been declared to the CNIL under the number 1309937 of 31 July 2008.
ARTICLE 14: INTELLECTUAL PROPERTY
The entire content (text, comments, works, illustrations, images, videos, graphics, sound, etc., including the underlying technologies used) displayed on this site is reserved under copyright and intellectual property law for the entire world. As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under the Intellectual Property Code without the prior authorisation of Castagnina. The total or partial reproduction of the Castagnina catalogue is strictly forbidden. Any person with a website wishing to place a simple link directly to the castagnina.com website must request authorisation from Castagnina. Any authorisation given by Castagnina shall in no case constitute an implicit agreement of affiliation and shall in no case be given on a definitive basis. This link must be removed at the request of Castagnina.
ARTICLE 15: FULL CONDITIONS
A change in legislation or regulations or a court decision rendering one or more clauses of these general terms and conditions of sale null and void shall not affect the validity of these general terms and conditions of sale.
Under no circumstances may such a change or observation allow the customer not to comply with these general terms and conditions of sale. If a condition is not explicitly mentioned, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
ARTICLE 16: APPLICABLE LAW
These general terms and conditions of sale are governed by French law. In the event of a dispute, the French courts shall have sole jurisdiction. In the event of difficulty or complaint, the customer may contact Vannina Bernard Leoni, founder of Castagnina, in order to find an amicable solution.