1. Purpose
These General Terms and Conditions of Sale “GTCS” are intended to define the rights and obligations of the parties in the context of the sale of pre-owned items by CORNERLUXE to the customer, the “Buyer”. They apply, without restriction or reservation, to all sales by CORNERLUXE of items offered for sale on the various sales platforms.
Any order placed by a Buyer for any item offered for sale by CORNERLUXE implies full and unconditional acceptance of these General Terms and Conditions of Sale, which the Customer acknowledges having read prior to placing the order.
CORNERLUXE reserves the right to modify these General Terms and Conditions of Sale at any time.
2. Identity and activities of CORNERLUXE
CORNERLUXE is a registered trademark of the company EncherExpert. CORNERLUXE is a network of consignment boutiques selling pre-owned items on online sales platforms and welcoming customers both in-store and electronically. Acting as agents for its sellers, CORNERLUXE handles the appraisal and listing of the goods entrusted to it on the most relevant online sales platforms.
CORNERLUXE is a registered trademark owned by the simplified joint-stock company “CORNERLUXE” (SIRET 484.668.314.00095).
3. Duration
The GTCS are deemed accepted by the Buyer upon validation of the order and shall apply for the time required to supply the items and until the expiry of the warranties provided herein.
4. Placing an order
4.1. Product characteristics
In accordance with Article L111-1 of the French Consumer Code, the Buyer may, before placing an order, review the essential characteristics of the item or items they wish to order.
The photographs and graphics of the items offered for sale are for illustrative purposes only and do not bind CORNERLUXE in any way.
4.2. Price
The online selling prices of the items on the sales platform, indicated in Euros, are those in force at the time the order is placed by the Buyer.
The Buyer may either collect the order in-store or request delivery of the item(s). Delivery costs will be specified when the delivery option is selected.
The selling prices of the items may vary at any time. The selling price will be confirmed to the Buyer before any order is placed.
4.3. Order
The Buyer selects one or more items by following the specific instructions of the sales platform.
At any time, the Buyer may:
- check the items in their basket: their price, description and characteristics;
- modify or cancel the order for one or more items;
- validate the order and pay.
From the moment the Buyer validates the order, they expressly and unreservedly accept these GTCS, as well as the price and characteristics of the item(s) ordered.
Before validation of the order by the Buyer, any item in the basket may be purchased by another buyer.
The sale shall only be considered final after the order confirmation has been sent to the Buyer at the email address provided and after full and final payment of the total price has been received.
5. Payment of the price
Payment of the full price must be made by the Buyer when placing the order.
Items are payable in Euros.
For purchases made on a sales platform, payment is made by payment card (Carte Bleue, VISA, Eurocard/Mastercard). The Buyer will be redirected to the secure server of Banque CIC. During the transaction, the data is encrypted, ensuring complete security.
The 3D Secure protocol must be validated during the transaction. In the event of failure of the 3D Secure protocol, CORNERLUXE reserves the right to refuse the payment.
For in-store purchases, payment may be made in cash (within the limits of applicable regulations) or by payment card (Carte Bleue, VISA, Eurocard/Mastercard).
CORNERLUXE reserves the right to suspend or cancel any order, regardless of its nature or stage of execution, in the event of non-payment of any sum owed by the Buyer or in the event of a payment incident.
Penalties equal to the statutory interest rate plus five points shall automatically apply to unpaid amounts after a period of ten days following the invoice date. Any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.
By default, invoices are sent electronically to the account opened by the Buyer on the sales platform or provided to the Buyer during an in-store sale. In the case of a first purchase or for security reasons, CORNERLUXE reserves the right to refuse remote payment by credit card, regardless of the amount.
The Buyer will be notified by email and may pay for the item in-store with a physical payment card or remotely by bank transfer.
For any online purchase with in-store pickup, an original identity document and the original payment card must be presented. Both must bear the same first and last names as those provided when placing the order. No electronic copy will be accepted.
6. Receipt
6.1. Timeframes
The various timeframes are communicated to the Buyer when placing the order. These timeframes are provided for information purposes only.
Any delay shall not give rise to damages, deductions or cancellation of the order by the Buyer.
6.2. Pickup and receipt
6.2.1. In-store pickup
Following the purchase of the item, the Buyer has 7 days from payment to collect the item in-store. If this period is exceeded, storage fees of €5 per day shall apply.
The Buyer must present an identity document to collect the item. If the Buyer wishes to appoint a third party or company to collect the order, they must contact CORNERLUXE by email via the contact form before any visit in order to validate the authorization. A power of attorney letter to be completed and signed will be sent to the Buyer. All costs related to this authorization are borne by the Buyer. No compensation or refund may be requested from CORNERLUXE for any reason whatsoever.
If the purchased item complies with its description and after the appropriate checks have been carried out in-store, the Buyer may collect the item, it being understood that once the item has been removed, it is under the Buyer’s responsibility and no return may be accepted.
However, if the item does not comply with its description at the time of the in-store check, the transaction may be cancelled and the Buyer will be fully refunded.
6.2.2. Shipping
Items are shipped within 72 business hours from the purchase date and are delivered by any means chosen by CORNERLUXE, against signature.
All transport, insurance and customs duty operations are borne by and at the expense of the Buyer.
If the parcel is damaged, the Buyer must make reservations on the carrier’s delivery note. Failing this, if the item is damaged, the insurers may refuse to cover the damage and no compensation may be claimed by the Buyer from CORNERLUXE.
If your item does not comply with its description, the Buyer must send an email to CORNERLUXE at: qualite@CORNERLUXE.com, within 14 days of receipt of the item. Failing this, no return may take place, no refund may be made and the Buyer may not claim payment of any amount on any grounds whatsoever.
In the event of a conformity claim made within the deadline, a return number will be provided. The refund will be issued after receipt of the item and validation by CORNERLUXE of its non-conformity. Outbound and return shipping costs shall remain the responsibility of the Buyer.
For items with a value exceeding €5,000, additional special insurance is taken out.
In the event of the return of an item worth more than €5,000 that benefited from free shipping in France, the special parcel insurance will be borne by the Buyer and deducted from the amount refunded. The insurance amount is 2% including VAT of the purchase price.
6.3. Transfer of risk and transfer of ownership
In accordance with Article L216-4 of the French Consumer Code, any risk of loss or damage to the items is transferred to the Buyer when the Buyer, or a third party designated by the Buyer, takes physical possession of the items.
7. Right of withdrawal
In accordance with Article L121-18 of the French Consumer Code, the Buyer has a period of fourteen (14) days to exercise their right of withdrawal.
This period runs from the day the item is received by the Buyer or by a third party designated by the Buyer.
The fourteen (14) day period begins on the day after receipt of the item. If this period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the first following working day. Before the expiry of the fourteen (14) day period, the Buyer exercises the right of withdrawal by returning the items to CORNERLUXE together with the withdrawal form provided by CORNERLUXE. The Buyer shall only bear the direct costs, including transport costs and customs duties where applicable.
The item must be returned to CORNERLUXE in its original condition and in perfect resale condition.
Any incomplete, damaged or deteriorated item, or any item whose packaging has been damaged, will neither be refunded nor exchanged.
The Buyer may be held liable for any depreciation of an item resulting from handling other than what is necessary to establish its nature, characteristics and proper functioning.
In light of the foregoing, CORNERLUXE reserves the right to check the eligibility of the item concerned for the right of withdrawal, including any possible deterioration.
When the right of withdrawal is exercised and validated by CORNERLUXE, CORNERLUXE shall reimburse the Buyer for all sums paid, without undue delay and no later than fourteen (14) days from the date on which CORNERLUXE is informed of the Buyer’s decision to withdraw.
CORNERLUXE shall make the refund by any means of its choice, regardless of the payment method used by the Buyer for the initial transaction.
8. Retention of ownership
The consignors who own the items marketed by CORNERLUXE retain full ownership of the items offered for sale until full payment of the price has been received, including principal, fees and taxes.
9. Warranty
The Buyer acknowledges and accepts that the items marketed by CORNERLUXE are pre-owned products.
As such, CORNERLUXE exclusively guarantees the authenticity, condition and proper functioning of the products sold on the date such items are listed for sale.
No claim may give rise to repair of the item at CORNERLUXE’s expense after receipt of the item by the Buyer.
10. Liability
CORNERLUXE shall not be held liable for any indirect damages that may arise from the purchase of the items.
The sales platforms contain information from third parties and links to other websites. CORNERLUXE shall under no circumstances be held liable for any damages resulting from the use of, access to, or inability to use such third-party information, nor for the content of other websites.
11. Partial invalidity
If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such under a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.
12. Personal data
Personal data means any information relating to an identified or identifiable natural person — for example, a surname, first name, telephone number or any identification number.
Personal data collected
The personal data collected is as follows:
Passport number, surname, first name, bank, IBAN, BIC, bank details, correspondence with CORNERLUXE, photos of items for sale, item identification number, deposit date, item description, stock, serial number, comments (summary of the listing and removal of advertisements).
Legal basis for processing
In these different cases, the legal bases for collecting personal data are as follows:
- The consent of the user who creates their profile;
- The contract between CORNERLUXE and the Buyer;
- The legal obligation to retain data as evidence;
- CORNERLUXE’s legitimate interests in carrying out commercial communications.
You may refuse to provide the requested personal data at any time. However, if you choose not to provide such personal data, CORNERLUXE may not be able to provide you with certain products and/or services.
Use of personal data
The personal data collected is used for the management of transactions carried out by CORNERLUXE.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- When you use payment services, for the implementation of such services, the website is connected with third-party banking and financial companies whose relationships are governed by contract;
- When the website uses service providers to provide you with support, advertising and payment services. These providers have limited access to your data, in the context of performing these services, and have a contractual obligation to use it in accordance with applicable personal data protection regulations;
- When required by law, the website may transmit data in response to claims made against the website and to comply with administrative and judicial procedures;
- If CORNERLUXE is involved in a merger, acquisition, asset sale or judicial reorganization procedure, it may be required to sell or share all or part of its assets, including personal data. In such case, users would be informed before personal data is transferred to a third party.
Transfer of personal data outside the EU
CORNERLUXE may transfer your data outside the European Union only when this is necessary to meet a contractual or legal obligation, to protect the public interest or to defend its legitimate interests.
CORNERLUXE undertakes to transfer your personal data to service providers covered by an adequacy decision of the European Commission.
Retention period
CORNERLUXE enables you to ensure that your personal data is accurate, complete and up to date. We will retain it for as long as necessary for the purposes set out in this document.
It is also retained for the period required by applicable law or for any other period necessary for CORNERLUXE to fulfil its operational obligations, for example to facilitate customer relationship management or to comply with legal or regulatory requests.
For example, CORNERLUXE retains most personal data collected from a customer for the duration of the contractual relationship, generally extended by several years after the end of that contractual relationship.
To estimate these retention periods, CORNERLUXE carefully determines whether or not we need to collect personal data and, if we consider such collection necessary, we retain it only for the time necessary to achieve the purpose of the collection, unless a longer period is required by law.
If you would like more information about the retention period of your personal data or the requirements used to determine this period, you may contact CORNERLUXE at the following address: 45 av Bosquet 75007 PARIS.
User rights
In accordance with the regulations applicable to personal data, you have the following rights:
- You may update or delete the data concerning you by logging into your account and configuring the account settings;
- You may delete your account by writing to the following email address: contact form;
- You may exercise your right of access to know the personal data concerning you by writing to the following email address: contact form. In this case, before implementing this right, CORNERLUXE may ask you to provide proof of identity in order to verify its accuracy;
- If the personal data held by CORNERLUXE is inaccurate, you may request that your information be updated by writing to the following email address: contact form;
- You may request the deletion of your personal data, in accordance with applicable personal data protection laws, by writing to the following email address: contact form.
However, CORNERLUXE may refuse to process certain requests on legitimate grounds.
Security and confidentiality measures CORNERLUXE implements organizational, technical, software and physical measures relating to digital security in order to protect your personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
COPYRIGHT AND INTELLECTUAL PROPERTY
The entire CORNERLUXE website is subject to French and international legislation on copyright and intellectual property. All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations. The reproduction of all or part of this website on any electronic medium whatsoever is prohibited without prior authorization (contact us via the contact form).
USER RIGHTS
The user of the CORNERLUXE website undertakes to respect the intellectual property rules applicable to the various contents offered on the website, namely: not to reproduce, summarize, modify, alter or redistribute, without prior authorization from CORNERLUXE, any article, title, application, software, logo, trademark, information, illustration or photograph for any use, particularly any reproduction for professional purposes or large-scale distribution; and not to copy all or part of the website onto another website or internal company network.
13. Applicable law and competent courts
The sale of items by CORNERLUXE is governed by French law.
The courts within the jurisdiction of the Paris Court of Appeal shall have jurisdiction.
Legal addresses:
CORNERLUXE
RCS Paris 484.668.314
Trade name: CORNERLUXE
Registered office: 45 av Bosquet 75007 Paris
SIRET: 484.668.314.00095
Legal form: Simplified joint-stock company
Share capital: 44,700 euros