General conditions of the castellum.fr website

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A. GENERAL CONDITIONS OF USE (GCU)

Article A. 01. LEGAL INFORMATION

Article A. 02. PRESENTATION OF THE WEBSITE

Article A. 03. CONTACT

Article A. 04. ACCEPTANCE OF THE TERMS OF USE

Article A. 05. ACCESS AND NAVIGATION

Article A. 06. WEBSITE MANAGEMENT

Article A. 07. SERVICES RESERVED FOR REGISTERED USERS

Article A. 08. RESPONSIBILITIES

Article A. 09. HYPERLINKS

Article A. 10. PRIVACY

Article A. 11. INTELLECTUAL PROPERTY

Article A. 12. APPLICABLE LAW AND COMPETENT JURISDICTION

B. GENERAL SALES CONDITIONS (GSC)

Article B. 01. INTRODUCTION

Article B. 02. CATALOGUE OR ONLINE SHOP

Article B. 03. PRICES

Article B. 04. ONLINE ORDERING

Article B. 05. CONFIRMATION AND PAYMENT OF THE ORDER

Article B. 06. ELECTRONIC SIGNATURE

Article B. 07. PROOF OF TRANSACTION

Article B. 08. MODE OF PAYMENT

Article B. 09. DELIVERY

Article B. 10. CHECKING THE ORDER

Article B. 11. DELIVERY ERROR

Article B. 12. RETURN OF ORDER

Article B. 13. PRODUCT WARRANTIES

Article B. 14. UNAVAILABILITY OF PRODUCTS AND REFUNDS

Article B. 15. DROIT DE RÉTRACTATION

Article B. 16. FORCE MAJEURE

Article B. 17. PARTIAL NULLITY

Article B. 18. APPLICABLE LAW AND COMPETENT JURISDICTION

A. GENERAL CONDITIONS OF USE (GCU)

Article A. 01. LEGAL INFORMATION

By virtue of Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, the identity of the various parties involved in its creation and monitoring is specified in this article.

The castellum.fr website is published by Les éditions du Castellum, Castellum SAS, a simplified joint stock company with a capital of €2,500, registered under the number 910 092 642 in the Angers Trade and Companies Register, with its head office at 18 rue de la coulée verte – La Varenne – 49270 Orée d’Anjou France.

E-mail address: editions@castellum.fr.

The publication director of the site is: Guillaume DAUSSIN

The castellum.fr website is hosted by GANDI SAS, a simplified joint stock company with a capital of €630,000, registered under number 423 093 459 in the Paris Trade and Companies Register, with its registered office at 63-65 boulevard Masséna in Paris (75013) France.

Article A. 02. PRESENTATION OF THE WEBSITE

The purpose of the castellum.fr website is to sell philatelic material at a distance.

Article A. 03. CONTACT

For any question or request for information concerning the site, or any report of illicit content or activities, the user may contact the editor at the following e-mail address: editions@castellum.fr or send a registered letter with acknowledgement of receipt to Éditions du Castellum – 18 rue de la coulée verte, La Varenne – 49270 Orée d’Anjou – France.

Article A. 04. ACCEPTANCE OF THE TERMS OF USE

Access to and use of the site are subject to acceptance of and compliance with these Terms of Use.

The publisher reserves the right to modify, at any time and without prior notice, the site and services as well as the present GCU, in particular to adapt to the evolution of the site by making available new functionalities or deleting or modifying existing functionalities.

The user is therefore advised to refer to the latest version of the GCU before any browsing, which is accessible at any time on the site. In the event of disagreement with the GTC, the user may not use the site.

Article A. 05. ACCESS AND NAVIGATION

The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. Nevertheless, the publisher may at any time suspend, limit or interrupt access to the site or to certain pages of the site in order to carry out updates, modifications of its content or any other action deemed necessary for the proper functioning of the site.

These GCU apply, as necessary, to any variation or extension of the site on existing or future social and/or community networks.

Article A. 06. WEBSITE MANAGEMENT

For the proper management of the site, the publisher may at any time:

  • Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user;
  • Delete any information that may disrupt the operation of the site or that contravenes national or international laws or the rules of Netiquette;
  • Suspend the site in order to carry out updates.

Article A. 07. SERVICES RESERVED FOR REGISTERED USERS

Section A. 07. 1. REGISTRATION

Access to certain services, and in particular to all paying services, is conditional upon registration by the user.

Registration and access to the site’s services are reserved exclusively for capable natural persons who have completed and validated the registration form available online on the castellum.fr site, as well as the present General Conditions of Use.

At the time of registration, the user undertakes to provide accurate, sincere and up-to-date information on his/her person and civil status. The user must also regularly check the data concerning him/her in order to maintain its accuracy.

The user must therefore provide a valid e-mail address, to which the site will send him/her a confirmation of his/her registration to its services. An e-mail address may not be used more than once to register for services.

Any communication made by castellum.fr and its partners is therefore deemed to have been received and read by the user.

The latter therefore undertakes to regularly consult the messages received at this e-mail address and to reply within a reasonable time if necessary.

Only one registration to the services of the site is allowed per individual.

The user is given an identifier allowing him/her to access an area reserved for him/her (hereinafter “Personal Area”), in addition to entering his/her password.

The login is definitive, but the password can be changed online by the user in the Personal Space. The password is personal and confidential, and the user undertakes not to communicate it to third parties.

castellum.fr reserves the right to refuse a request for registration to the services in the event of non-compliance by the user with the provisions of these General Conditions of Use.

Section A. 07. 2. DEREGISTRATION

The regularly registered user may at any time make a request to unsubscribe by e-mail to the address: service.client@castellum.fr, specifying his identifier (e-mail address used at the time of registration). After validation by the customer service, a request for confirmation of the deletion of his personal data will be submitted. Any unsubscription from the site will be effective and irreversible immediately after the user has validated this confirmation.

Section A. 07. 3. DELETION OF THE PERSONAL SPACE AT THE INITIATIVE OF THE SITE EDITOR

The user is informed that the publisher reserves the right to delete the personal space of any user who contravenes these conditions of use and sale, particularly in the following cases:

  • If the user makes an illicit use of the site;
  • If the user, when creating his/her personal space, voluntarily transmits erroneous information to the site;
  • If the user has not been active on his/her personal space for at least one year.

Should the publisher decide to delete the user’s personal space for any of these reasons, this will not constitute damage to the user whose account has been deleted.

Such deletion does not constitute a waiver of any legal action that the publisher may take against the user who has violated these rules.

Article A. 08. RESPONSIBILITIES

The publisher is only responsible for the content that he has edited himself.

The publisher is not responsible for :

  • In the event of technical or computer problems or failures, or of the compatibility of the site with any hardware or software whatsoever;
  • Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;
  • The intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating on it;
  • Illicit content or activities using its site, without its having been duly informed of them within the meaning of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy and the European General Data Protection Regulation (RGPD) on the protection of individuals with regard to the processing of personal data.

Furthermore, the site cannot guarantee the accuracy, completeness and topicality of the information published on it.

The user is responsible for:

  • The protection of their equipment and data;
  • The use of the site or its services;
  • If he/she does not respect the letter or the spirit of these GCU.

Article A. 09. HYPERLINKS

The site may contain hypertext links to other websites over which CASTELLUM SAS has no control. In spite of the preliminary and regular checks carried out by the editor, this one declines any responsibility as for the contents which it is possible to find on these sites.

The publisher authorises the setting up of hypertext links to any page or document on its site, provided that these links are not set up for commercial or advertising purposes.

In addition, prior information from the site editor is required before any hypertext link is set up.

Excluded from this authorisation are sites that disseminate information of an illicit, violent, polemical, pornographic or xenophobic nature or that may offend the sensibilities of the majority of people.

Finally, CASTELLUM SAS reserves the right to remove at any time a hypertext link pointing to its site, if the site considers it not in conformity with its editorial policy.

Article A. 10. PRIVACY

In addition to these General Terms and Conditions, the site has a privacy policy that describes how personal data is processed when the user visits the site, as well as how cookies are used.

By browsing the site, the user declares that he/she has also taken note of the aforementioned privacy policy.

Article A. 11. INTELLECTUAL PROPERTY

The structure of the site, as well as the texts, graphics, images, photographs, sounds, videos and computer applications that make it up, are the property of the publisher and are protected as such by the laws in force concerning intellectual property.

Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorisation of the publisher, is strictly prohibited and would be likely to constitute an infringement within the meaning of Articles L. 335-2 et seq. of the Intellectual Property Code. With the exception of elements expressly designated as free of rights on the site.

Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the site, which remain the exclusive property of the publisher.

The user is prohibited from introducing data to the site that would modify or be likely to modify its content or appearance.

Article A. 12. APPLICABLE LAW AND COMPETENT JURISDICTION

The present General Conditions of Use are governed by French law.

In the event of litigation which could not be solved in an amicable way, any legal action will be, subject to the provisions of article 48 of the code of civil procedure, of the exclusive competence of the competent courts of the spring of the registered office of the company CASTELLUM SAS, notwithstanding plurality of defendants or call in guarantee, including for the procedures of urgency, the conservatory procedures in summary procedure or by request.

B. GENERAL SALES CONDITIONS (GSC)

Article B. 01. INTRODUCTION

The castellum.fr website is published by the vendor: Les éditions du Castellum, Castellum SAS, a simplified joint stock company with a capital of €2,500, registered under the number 910 092 642 with the Angers Trade and Companies Register, having its registered office at 18 rue de la coulée verte – La Varenne – 49270 Orée d’Anjou France.

Individual intra-community identification number of the seller: FR23910092642

The following provisions are intended to define the general conditions of sale on the castellum.fr site

These general sales conditions (hereinafter “GSC”) define the contractual rights and obligations of the seller and its customer in the context of a distance and electronic sale of goods and products.

The GSC shall exclusively govern the relationship between the seller and the customer.

The GSC express the entirety of the obligations of the parties. The customer is deemed to accept them without reservation, failing which the order will not be validated.

In case of doubt about any of the terms and conditions of sale, the practices in force in the sector of distance selling by companies whose registered office is in France and the Consumer Code shall apply.

The seller reserves the right to modify the GSC from time to time. The modifications will be applicable as soon as they are published online.

Article B. 02. CATALOGUE OR ONLINE SHOP

Through the site, the seller provides the customer with a catalogue or an online shop presenting the products sold accurately, without the photographs having any contractual value.

All products are offered for sale subject to availability and subject to acceptance by the seller of the order.

The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be held responsible.

The seller operates a policy of continuous product development and reserves the right to change the specifications of any of the products without notice. The Seller endeavours to present and describe as accurately as possible the colours printed on the products that appear on its website, but cannot give any assurance that the colours of the goods will exactly match those displayed on the Buyer’s monitor.

The prices and taxes relating to the sale of the products are specified in the catalogue or the online shop.

Article B. 03. PRICES

The seller reserves the right to modify its prices at any time by publishing them online.

Only the prices in force at the time of the order shall apply, subject to availability of the products on that date.

The prices are indicated in euros (excluding taxes and including all taxes) and do not take into account delivery costs, which are invoiced in addition. Delivery costs are indicated before the order is validated by the customer.

The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will automatically be reflected in the price of the products in the catalogue or in the online shop. If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be passed on to the sale price of the products.

The total amount of the order (including all taxes) and delivery costs is indicated before final validation of the order form.

The payment of the total price must be made at the time of the order.

Article B. 04. ONLINE ORDERING

The customer has the possibility to fill in an order form online, by means of an electronic form. By filling in the electronic form, the customer accepts the price and the description of the products.

The customer must accept the present general terms and conditions of sale by clicking on the indicated area in order for the order to be validated.

The customer must provide a valid e-mail address and delivery address and acknowledges by these general conditions of sale that any exchange with the seller may take place through this address.

The customer must also choose the delivery method and validate the payment method.

The Seller reserves the right to refuse any Order without being obliged to give a reason. No Order shall be deemed to be accepted by the Seller unless and until it is confirmed without reservation by the Seller in the Order Confirmation.

The Seller reserves the right to block the customer’s order in the event of non-payment, incorrect address or any other problem with the customer’s account until the problem is resolved.

Article B. 05. CONFIRMATION AND PAYMENT OF THE ORDER

This is an order with a payment obligation, which means that the placing of the order implies payment by the customer.

Section B. 05. 1. PAYMENT

The customer makes the payment at the time of the final validation of the order by specifying his/her credit card number.

The customer guarantees the seller that he/she has the necessary authorisations to use this method of payment and acknowledges that the information given to this effect is proof of his/her consent to the sale as well as to the payability of the sums due for the order.

In case of dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person may dispute within 70 days from the date of the transaction by sending a claim in the following manner, so that the seller will bear the costs of the sale and return the disputed sum:

  • By e-mail: service.client@castellum.fr
  • By registered mail with acknowledgement of receipt to Customer Service – Éditions du Castellum – 18 rue de la coulée verte, La Varenne – 49270 Orée d’Anjou – France.

Any dispute not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from all liability.

The seller has set up a procedure for checking orders and means of payment intended to reasonably guarantee against any fraudulent use of a means of payment, including by asking the customer for identification data.

In the event of refusal to authorise payment by bank card by the accredited organisations or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.

The seller also reserves the right to refuse an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.

Section B. 05. 2. CONFIRMATION

As soon as the customer has validated the purchase and payment, the seller will send the customer confirmation of receipt of the order form and a copy of the contract to be printed on the e-mail address specified by the customer.

The seller is obliged to send an invoice to the customer upon delivery.

The customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to the customer service department (see contact details below) before delivery.

If a product is unavailable, the seller will inform the customer by e-mail as soon as possible in order to cancel the order for this product and refund the related price, the rest of the order remaining firm and definitive.

The customer can always exercise his right of withdrawal within 14 days from the moment he was informed of the unavailability of the product.

For any question relating to the follow-up of an order, the customer may contact the customer service department at the following address

  • By e-mail: service.client@castellum.fr
  • By registered mail with acknowledgement of receipt to Customer Service – Éditions du Castellum – 18 rue de la coulée verte, La Varenne – 49270 Orée d’Anjou – France.

Article B. 06. ELECTRONIC SIGNATURE

In accordance with the provisions of Law No. 2000-230 of 13 March 2000, the provision of the purchaser’s bank card number online and the final validation of the order shall constitute proof of the customer’s agreement, of the payability of the sums due under the order form, and of the signature and express acceptance of all operations carried out.

Article B. 07. PROOF OF TRANSACTION

Communications, orders and payments between the customer and the seller can be proven thanks to the computerised registers kept in the seller’s computer systems under reasonable security conditions. The order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

Article B. 08. MODE OF PAYMENT

All the payment methods available to the customer are listed on the seller’s website. The customer guarantees the seller that he has the necessary authorisations to use the method of payment chosen by him when placing the order.

Article B. 09. DELIVERY

Delivery is only made after confirmation of payment by the seller’s bank.

The products are delivered to the address indicated by the customer on the online order form.

Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer’s expense.

The Seller will endeavour to process the order and manufacture the goods within the time stated for each item. However, because manufacturing times vary for each item, the Seller reserves the right to combine items into one shipping package or to ship items separately. All dates quoted for delivery of goods are estimates only. Delivery times shall not be the essence of the T&Cs and the Seller shall not be liable for any loss or expense incurred by the Customer arising from any delay in the delivery of the Goods however caused.

Section B. 09. 1. DELAY IN DELIVERY AND DENUNCIATION

In the event of a delay in delivery, the seller will inform the customer, who may withdraw from the contract and request a refund within 14 days of this withdrawal.

A full refund of the product and delivery costs, or reshipment costs if applicable, will then be made.

This denunciation of the contract must be sent according to the following methods:

  • By e-mail: service.client@castellum.fr
  • By registered mail with acknowledgement of receipt to Customer Service – Éditions du Castellum – 18 rue de la coulée verte, La Varenne – 49270 Orée d’Anjou – France.

Any denunciation not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from all responsibility towards the customer.

Article B. 10. CHECKING THE ORDER

If at the time of delivery, the original packaging is damaged, torn or open, the customer must check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip.

The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.

The verification of the products is considered to have been carried out once the customer, or a person authorised by him, has signed the delivery note.

The customer must, if necessary, inform the seller of his reservations in the following ways:

  • By e-mail: service.client@castellum.fr
  • By registered mail with acknowledgement of receipt to Customer Service – Éditions du Castellum – 18 rue de la coulée verte, La Varenne – 49270 Orée d’Anjou – France.

Any reservation not made in accordance with the rules defined above and within the time limit set shall not be taken into account and shall release the seller from all liability towards the customer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate this number to the customer by e-mail.

Article B. 11. DELIVERY ERROR

In the event of a delivery error and/or non-conformity of the products in relation to the information on the order form, the customer shall make a complaint to the seller on the day of delivery or at the latest on the first working day following delivery.

The complaint can be made in the following ways:

  • By e-mail: service.client@castellum.fr
  • By registered mail with acknowledgement of receipt to Customer Service – Éditions du Castellum – 18 rue de la coulée verte, La Varenne – 49270 Orée d’Anjou – France.

Any claim not made in accordance with the rules defined above and within the time limits set will not be taken into account and will release the seller from any responsibility towards the customer.

Article B. 12. RETURN OF ORDER

The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in accordance with the following terms and conditions:

The product must be returned within 30 days from the date of delivery of the order to the following address Éditions du Castellum – 18 rue de la coulée verte, La Varenne – 49270 Orée d’Anjou – France.

Any claim or return not made in accordance with the rules defined above and within the time limits set will not be taken into account and will release the seller from any responsibility towards the customer.

Any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging. The return costs are at the customer’s expense.

Article B. 13. PRODUCT WARRANTIES

The seller is responsible for the conformity of the products to the contract.

The customer may make a claim under the legal guarantee of conformity, in accordance with the provisions of articles L. 211-4 of the Consumer Code, or under the guarantee of defects of articles 1641 and following of the Civil Code.

The customer is informed that the seller is not the producer of all the products presented within the meaning of Law n° 98-389 of 19 May 1998 relating to liability for defective products.

Section B. 13. 1. CONFORMITY WARRANTY

The customer has a period of 2 years from the delivery of the product to implement the legal guarantee of conformity.

In this respect, he/she may choose between repairing or replacing the goods, under the conditions set out in Article L. 211-9 of the French Consumer Code.

The customer is not required to prove the existence of a lack of conformity within 6 months (24 months as of 18 March 2016, except for second-hand goods) of the date of delivery of the product.

Section B. 13. 2. GUARANTEE OF DEFECTS

The customer, if he/she makes use of the guarantee of defects provided for in articles 1641 and following of the Civil Code, will be able to choose between the resolution of the sale or a reduction of the price, in accordance with article 1644 of the Civil Code.

Article B. 14. UNAVAILABILITY OF PRODUCTS AND REFUNDS

In case of unavailability of an ordered product, the customer will be informed by e-mail.

The customer will have the possibility to cancel his order and will have the choice between the reimbursement of the sums paid by him within 30 days at the latest of their payment, or to exchange the product.

Article B. 15. DROIT DE RÉTRACTATION

The customer can exercise his right of withdrawal and return of the product within 14 working days of delivery. The customer can exercise his right of withdrawal by contacting the customer service department:

  • By e-mail: service.client@castellum.fr
  • By registered mail with acknowledgement of receipt to Customer Service – Éditions du Castellum – 18 rue de la coulée verte, La Varenne – 49270 Orée d’Anjou – France.

After having communicated his decision to retract, the customer has 14 days to return the goods.

Any retraction or return not carried out in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the customer.

The customer may request an exchange or reimbursement of the returned product, without penalty, with the exception of the return costs which remain at the customer’s expense. Nevertheless, in the event of an exchange, delivery costs may be charged to the customer again.

The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.

Certain products, due to their intrinsic quality, may not be subject to the right of withdrawal and may not be reimbursed, in particular but not exclusively the products referred to in Article L. 121-21-8 of the Consumer Code, namely

  • any custom-made product;
  • any product that by its very nature cannot be sent back;
  • any perishable product
  • any video product;
  • any press product…

The seller shall reimburse the customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or the transmission of a proof of shipment of these goods.

Article B. 16. FORCE MAJEURE

The parties shall be exonerated from their obligations in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code prevents their execution. The obligations of the parties shall be suspended.

The party that invokes such a circumstance shall notify the other party immediately upon its occurrence and disappearance.

Are considered as cases of force majeure all facts or circumstances irresistible and unforeseeable, unavoidable and which could not be prevented by the latter, despite all reasonably possible efforts, defined as such by French jurisprudence and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the stoppage of telecommunications networks.

If the case of force majeure lasts for more than three months, the present general conditions may be terminated by the injured party.

Article B. 17. PARTIAL NULLITY

If one or more stipulations of these general terms and conditions of sale were to be declared null and void by application of the law, a regulation or a final decision of a French court, the other stipulations shall retain all their force and scope.

Article B. 18. APPLICABLE LAW AND COMPETENT JURISDICTION

The seller is established in France in a stable and lasting manner to effectively carry out its activity, regardless of the location of its registered office in the case of a legal entity.

Therefore, these GTC are subject to the application of French law, excluding the provisions of the Vienna Convention.

In the event of a dispute or claim, the customer shall first contact the seller to obtain an amicable solution.

In the event of litigation which could not be solved in an amicable way, any legal action will be, subject to the provisions of article 48 of the code of civil procedure, of the exclusive competence of the competent courts of the spring of the registered office of the company CASTELLUM SAS, notwithstanding plurality of defendants or call in guarantee, including for the procedures of urgency, the conservatory procedures in summary procedure or by request.

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