General Terms and Conditions of use and sale.
Sales made on our website www.casaforesina.com (hereinafter referred to as the "Website") are subject to the general conditions set forth below. We aim to clearly remind you of the rules governing our relationships, your rights, and to ensure complete predictability.
PRELIMINARY ARTICLE. DESIGNATION OF THE SELLER
FORESINA SAS
8 RUE DE L’INDUSTRIE - 67114 ESCHAU
REGISTRATION NUMBER - 989 137 930 R.C.S. Strasbourg
EMAIL ADDRESS - info@casaforesina.com
WEBSITE - www.casaforesina.com
ARTICLE 1. SCOPE
These General Terms and Conditions of Sale (“GTCs”) apply, without restriction or reservation, to all sales concluded by CASA FORESINA (“the Seller”) with consumers and non-professional buyers (“the Customers” or “the Customer”) purchasing the products offered for sale by the Seller (“the Products”) on the Website.
They specifically set out the conditions relating to ordering, payment, delivery, and the handling of any returns of Products ordered by Customers.
These GTCs may be supplemented by specific conditions stated on the Website prior to any transaction with the Customer. They apply to the exclusion of all other terms and conditions, particularly those applicable to in-store sales or through other distribution and marketing channels.
These GTCs are systematically communicated to any Customer before placing an order and shall prevail, where applicable, over any other version or conflicting document.
They are accessible at any time on the Website www.casaforesina.com and shall prevail, where applicable, over any other version or conflicting document.
The Customer declares to have read these GTCs and accepted them before placing an order. Validation of the order by the Customer constitutes acceptance, without restriction or reservation, of these GTCs.
As these GTCs may be subject to subsequent amendments, the version applicable to the Customer’s purchase is the one in force on the Website at the time of order placement.
Amendments to these GTCs are enforceable against Website users forty-eight (48) hours after their publication online and do not apply to transactions concluded prior to that time.
GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 2. PRODUCTS OFFERED FOR SALE
The Products offered for sale on the Website are women’s costume jewelry.
The main characteristics of the Products, including specifications, illustrations, and dimensions or capacity, are presented on the Website. The Customer must review this information before placing an order. The choice and purchase of Products are the sole responsibility of the Customer. Photographs and graphics shown on the Website are for illustration only, are not contractual, and do not engage the Seller’s liability.
The Customer must refer to each Product description to understand its properties, essential characteristics, and delivery times.
Contractual information is provided in French and English and is confirmed no later than at the time of order validation by the Customer. Products presented on the Website are available for sale in the following territories: metropolitan France, DROM-COM, the European Union, the United Kingdom, Switzerland, Canada, the United States, and the Cayman Islands.
For orders delivered outside metropolitan France, the Customer is considered the importer of the relevant Products. For shipments outside the European Union and DROM-COM, prices are automatically calculated excluding taxes.
Customs duties, import taxes, or other local charges may apply and remain the sole responsibility of the Customer.
Unless proven otherwise, data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer. In accordance with the French Data Protection Act of January 6, 1978, and the GDPR (effective May 25, 2018), the Customer has the right to access, rectify, erase, object to, or port their personal data at any time by writing to the Seller’s address provided above, with proof of identity.
The Customer confirms that they have the legal capacity to enter into contracts and purchase Products offered on the Website.
ARTICLE 3. VALIDITY OF PRODUCT OFFERS
Product offers are subject to availability, as specified at the time of order placement.
ARTICLE 4. PERSONAL DATA
In accordance with the French Data Protection Act of January 6, 1978, as amended, and the GDPR, the Customer may access, rectify, erase, object to, or port their personal data at any time by writing to the Seller’s address with proof of identity.
Validation of an order constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
ARTICLE 5. ORDERS
5.1 Placing an Order
It is the Customer’s responsibility to select the Products on the Website according to the following process:
The Customer accesses the Website and selects Products, which are placed in their shopping cart.
The Customer reviews the shopping cart and provides the necessary information: first name, last name, delivery address, and billing address (if different). The cart is confirmed.
The Customer chooses a payment method and proceeds with payment through a secure interface. A payment confirmation is provided.
Before final validation, the Customer may review their order details, check the total price, and correct any errors. It is the Customer’s responsibility to verify the accuracy of the order.
Registration of an order occurs when the Customer accepts these General Terms and Conditions of Sale by ticking the relevant box and validating the order. This validation implies full acceptance of these conditions.
The sale is final only after the Seller sends confirmation of order acceptance by email, once full payment has been received.
Any validated and confirmed order constitutes a distance contract between the Customer and the Seller. Unless proven otherwise, data recorded in the Seller’s system constitutes proof of the transaction.
The Seller reserves the right to cancel or refuse an order from any Customer involved in a previous payment dispute.
The Customer may track their order status via the Website.
The Website is intended for consumer or personal use only. Products are not intended for resale by professionals.
5.2 Order Modification
Once confirmed and accepted by the Seller, orders cannot be modified.
5.3 Order Cancellation
Once confirmed and accepted, orders cannot be canceled except in cases of force majeure or where the Customer exercises their legal right of withdrawal.
ARTICLE 6. PRICES
Products are sold at the prices indicated on the Website at the time of order. Prices are expressed in euros, both excluding VAT and including VAT, as applicable.
Prices include any discounts that may be offered on the Website. Prices are firm and non-negotiable during their validity period. Outside this period, the Seller reserves the right to modify prices at any time.
Processing, shipping, and delivery fees are additional and indicated prior to order validation. If the Customer requests a faster or more expensive shipping method than standard delivery, the extra cost will be borne entirely by the Customer.
The total amount payable includes the purchase price plus shipping costs. An invoice will be issued by the Seller and provided to the Customer upon delivery.
If a price reduction is announced, the previous lowest price charged in the 30 days prior to the discount will be indicated.
ARTICLE 7. PAYMENT TERMS
Products are payable in full at the time of order placement via secure payment.
Accepted payment methods include:
PayPal
Credit card (processed through secure SSL/TLS encryption)
The Seller reserves the right to restrict available payment methods depending on the order. Payments are only accepted from bank accounts within the European Union. Any related bank fees are borne by the Customer.
Credit card payments are irrevocable, except in cases of proven fraud.
In the event of late payment beyond the due date, penalties equal to three times the legal interest rate plus a €40 fixed fee will automatically apply. Late payment may also result in immediate payment of all amounts due and suspension or cancellation of deliveries.
Payments are deemed final only after full collection of funds by the Seller.
No additional fees may be charged to the Customer beyond those incurred by the Seller for using a specific payment method.
ARTICLE 8. DELIVERY
Delivery refers to the transfer of physical possession or control of the Products to the Customer.
Products are delivered to the address specified at order placement, within mainland France and the listed countries of the European Union, within fifteen (15) days of shipment, unless otherwise stated. Unless otherwise specified, all ordered Products are delivered in one shipment.
The Seller makes every effort to deliver within stated timeframes. However, these are indicative only.
If Products are not delivered within thirty (30) days of the indicative date (except in cases of force majeure or Customer fault), the Customer may either suspend payment or request cancellation of the sale. In such cases, any amounts paid will be refunded within fourteen (14) days.
The Seller bears transportation risks and is liable for damages occurring during shipment. However, the Seller is not responsible for customs delays.
Deliveries are made by an independent carrier. The Customer acknowledges that delivery is the responsibility of the carrier and has no recourse against the Seller for failures caused by the carrier.
The Customer must check the condition of delivered Products and notify the Seller in writing (mail or email) of any visible defects or damage within 48 hours of delivery, providing supporting documents (e.g., photos). After this period, the Products are deemed compliant.
ARTICLE 9. TRANSFER OF OWNERSHIP AND RISK
Ownership of Products transfers to the Customer only after full payment. Risk of loss or damage transfers upon delivery, unless the Customer selects their own carrier, in which case risk transfers upon handover to the carrier.
ARTICLE 10. RIGHT OF WITHDRAWAL
The Customer has fourteen (14) days from receipt of Products to exercise the right of withdrawal without justification or penalty. Products must be returned in their original packaging and in perfect condition within fourteen (14) days of notifying the Seller of withdrawal.
Returns must include the purchase invoice. Damaged, incomplete, or soiled Products will not be accepted.
The right of withdrawal may be exercised online using the form provided on the Website, or by sending an unambiguous written notice.
Refunds include the Product price and initial delivery costs (but not return shipping) and will be made within 14 days of notification, using the same payment method as the original order.
ARTICLE 11. SELLER’S LIABILITY & WARRANTIES
Products comply with French regulations and are intended for non-professional use.
They are covered by:
the legal warranty of conformity (2 years), and
the legal warranty against hidden defects (2 years from discovery).
The Seller is not liable for misuse, negligence, professional use, lack of maintenance, normal wear, accidents, or force majeure.
A detailed explanation of Customer warranty rights is included in Annex 1, in compliance with the French Consumer Code.
ARTICLE 12. PERSONAL DATA PROTECTION
Personal data provided by the Customer is required for order processing and invoicing. It may be shared with Seller’s partners for order execution and payment.
Data processing complies with applicable French and EU data protection regulations. Customers may exercise their rights (access, modification, rectification, opposition, portability, limitation) at any time as specified on the Website.
ARTICLE 13. INTELLECTUAL PROPERTY
13.1 Website Content
All content of the Website is the property of the Seller and its partners. Any reproduction, in whole or in part, without authorization is prohibited and may constitute infringement.
13.2 Costume Jewelry
The Seller (and/or its partners or suppliers) retains all intellectual property rights in designs, photographs, models, and prototypes of jewelry. The Customer is prohibited from reproducing or exploiting such works without prior written authorization from the Seller.
ARTICLE 14. UNFORESEEABLE CIRCUMSTANCES
In accordance with Article 1195 of the Civil Code, if unforeseen circumstances make performance excessively burdensome, the affected Party may request renegotiation of the contract.
ARTICLE 15. FORCE MAJEURE
Neither Party is liable for non-performance caused by force majeure as defined in Article 1218 of the Civil Code.
ARTICLE 16. TERMINATION
Contracts concluded electronically may also be terminated electronically. A free online tool is available to notify termination. The Seller will confirm termination and its effective date on a durable medium.
ARTICLE 17. APPLICABLE LAW & LANGUAGE
These Terms and the resulting transactions are governed by French law. They are written in French. In case of translation, the French version prevails in case of dispute.
ARTICLE 18. DISPUTES
Any disputes arising from these Terms shall be submitted to the competent French courts, unless the Customer chooses otherwise under consumer law.
The Customer may also use mediation services or the EU Online Dispute Resolution platform (Regulation EU No. 524/2013).
ARTICLE 19. PRE-CONTRACTUAL INFORMATION & ACCEPTANCE
The Customer acknowledges having received all pre-contractual information in accordance with Article L 221-5 of the Consumer Code, including:
characteristics and descriptions of Products,
pricing and additional fees,
payment, delivery, and execution terms,
identity and contact details of the Seller,
warranty information,
withdrawal rights, termination procedures, and complaint handling,
accepted payment methods.
By ordering from www.casaforesina.com, the Customer fully and unconditionally accepts these General Terms and Conditions of Sale.
