Terms of purchase
These General Conditions of Purchase are applicable to the purchase of goods by the company Valuence International Europe, via the Allu.fr site but also to the purchase contracts that the company Valuence International can conclude via other means of communication at distance such as e-mail, telephone, chat or postal mail, or in or outside its Purchasing Offices.
The following terms and expressions have the meaning given to them below, whether singular or plural, in these General Conditions of Purchase or in any other document issued by the company Valuence International Europe or one of its Purchasing Offices relating to the subject of these General Purchasing Conditions.
" LIFE " means Valuence International Europe, a simplified joint-stock company with a capital of 135,000 euros whose registered office is located at 3 rue du Faubourg Saint-Honoré, 75008 Paris and registered with the Paris Trade and Companies Register under number 882 145 303 (VAT number: FR 5388 2145 303)
“Good(s)” means the used good(s), purchased from the Customer as such by VIE with a view to reselling it.
" Buying office " means any establishment operated by VIE, under the “Allu” name, the purpose of which is to buy second-hand goods.
" Terms of purchase " means these terms and conditions of purchase.
“Consent to the collection and processing of personal data » means the document which has been signed by the Customer and by which the Customer has given his consent to the collection and processing of his personal data necessary for the purpose of carrying out the evaluation of the Good(s) and, where applicable, to the formation of the Purchase Agreement and its execution.
" Purchase contract » means any purchase contract to which are attached these General Conditions of Purchase entered into by a Customer and VIE.
" Buying price " means the price agreed between the Customer and VIE, mentioned in the Purchase Contract.
" Customer " designates any natural person, non-professional, offering the sale of a Property for LIFE.
These General Terms and Conditions of Purchase apply automatically to any purchase of Goods made by VIE, regardless of the method of conclusion.
Any transaction carried out by a Customer with VIE implies unreserved acceptance of these General Conditions of Purchase which prevail over all other conditions, except for derogatory conditions for particular operations or products, which will be the subject of a specific communication. .
3. Conditions of purchase
3.1 VIE is completely free to decide whether or not to acquire a Property offered by a Customer. VIE is never required to formulate a redemption offer, or to proceed with a redemption, regardless of the condition of the Property presented.
3.2 The Customer agrees to sell the Good(s) described in the Purchase Agreement.
3.3 The Customer agrees that ownership of the Goods will pass to VIE upon signing a Purchase Agreement.
3.4 After the signing of a Purchase Agreement, the Customer will in principle not be entitled to demand a return or increase in payment of the Purchase Price for any reason, except for legal exceptions.
3.5 After signing a Purchase Agreement, if the Customer breaches any of the warranties set out in Article
3.6 below, whether or not the Customer is aware of it, VIE, without limiting any of its other rights or remedies, and whether or not it has accepted the Goods, may exercise any of the following remedies:
3.5.1 Terminate (in whole or in part) a Purchase Agreement and require the Customer to repay the Purchase Price in full and without delay;
3.5.2 Refuse (in whole or in part) the Goods and return them to the Customer at the Customer's risk and expense;
3.5.3 To recover from the Customer any damages and losses suffered by VIE in obtaining substitute goods from a third party; and
3.5.4 Claim damages for any costs, losses or expenses incurred by VIE which are in any way attributable to the Customer's breach of any of its obligations or warranties under a Contract of Purchase.
3.6 The Customer represents and warrants the following to and for the benefit of VIE when transacting with VIE:
3.6.1 The Customer has full legal capacity to enter into a binding Purchase Agreement to sell the Goods;
3.6.2 The Customer is over 18 years old (presentation of a valid identity document);
3.6.3 The Customer resides in metropolitan France, Corsica or Monaco;
3.6.4 The Customer acts in his name and on his own behalf and not as a representative or agent;
3.6.5 The Client acts in a private capacity and not in a professional capacity.
3.6.6 To the knowledge of the Customer:
the Customer is the sole owner of the Goods or, at least, is duly authorized to dispose of them (VIE may require, at its discretion, proof of title or right of disposal of the Goods);
- the Goods are marketable on French territory;
- The Goods are free of all rights, are not subject to any dismemberment of ownership, are not assigned to the guarantee of any debt and are not the subject of any claim from a third party; and
3.6.7 the Customer has disclosed to VIE all useful and necessary information about the Goods.
3.6.8 Goods offered for a Purchase Agreement
- do not result from an illegal act or one prohibited by criminal law, such as theft, and cannot be linked to it;
- are not put up for sale for the purpose of carrying out an act that is illegal or prohibited by criminal law, such as concealment;
- are not offered for sale in order to participate in a money laundering operation;
- comply with the standards applicable in France and in the European Union;
- have not been financed by loan(s), or the loan(s) used for their acquisition is or are fully reimbursed;
- have been acquired regularly from a regularly incorporated company, or from an adult or emancipated natural person, having given full informed consent to the sale.
3.6.9 The Customer information provided in the Consent to Collect and Process Personal Data is true and accurate;
3.6.10 The Customer has presented VIE with the original of his valid identity document (passport, national identity card, driving licence, etc.);
3.6.11 The Customer does not enter into a Purchase Agreement with any fraudulent intent (unlawful intent, or any other intent that VIE may deem to include fraudulent intent, such as obtaining cash through fraudulent goods, obtaining cash from credit cards or, without this list being exhaustive, money laundering); and
3.6.12 The Customer undertakes to bring to the attention of VIE any malfunction resulting in improper use of the product for which it is intended or restricting its use so much that VIE would not have acquired it, or would have given a lower price, s he had known about it.
4. Terms of sale
4.1. Prior contact to send a reference price
VIE carries out an initial examination of the Good offered by the Customer within 48 (forty-eight) hours and sends the Customer by e-mail a reference price which will serve as a basis for setting the final price after the completion of the evaluation mentioned in 5 below.
If, upon receipt of the reference price, the Customer wishes to confirm his offer to sell his Property for LIFE, he may then propose to VIE the purchase of his property either in one of its Purchasing Offices, or remotely, or at home as described below.
4.2. Sale in a Buying Office
The Customer may go by appointment only to a Purchasing Office to physically present his Property and allow VIE to carry out the evaluation mentioned in article 5 below. If the Customer accepts the final sale price offered to him by VIE, a purchase contract is then concluded.
According to the provisions of the internal security code (art. L223-1 to L223-9 and L251-1 to L255-1, R251-1 to R253-4), any transaction carried out in a Purchasing Office is filmed by camera . The information recorded is reserved for the use of the Purchasing Office and may only be communicated to the police services and authorized administrative authorities.
4.3. Distance Selling
The Customer may also choose to send his Property to VIE so that it carries out the evaluation mentioned in article 5 below. The Customer has the possibility of sending his Good himself as soon as possible to the headquarters of VIE located at 3 rue du Faubourg Saint-Honoré, 75008 Paris or of asking VIE to collect it by a specialized carrier. In the latter case, the Customer receives an e-mail from the carrier with the dispatch note to paste and an electronic link to plan the collection of the Goods on the date and at the place of his choice. The costs of transporting the Customer's object to VIE are prepaid by VIE. The Customer hands over the package to the carrier upon collection.
Upon receipt of the Good, VIE proceeds to its evaluation in accordance with article 5 below. If the Customer accepts the final sale price offered to him by VIE, a purchase contract is then offered to the Customer and, subject to his agreement, signed electronically.
If the Customer does not accept the final sale price offered to him by VIE, the latter undertakes to return the Good to the Customer at its own expense as soon as possible.
4.4. Door-to-door sale
On the occasion in particular of the sale of several Goods by a Customer, the Customer may propose to VIE to go to his home to carry out the evaluation mentioned in article 5 below. If the Customer accepts the final sale price offered to him by VIE at the end of the on-site assessment, a purchase contract is then offered to the Customer and, subject to his agreement, signed by the Customer and a representative of VIE duly authorized for this purpose.
This home sale option is limited to metropolitan France and is only possible for the purchase of certain Goods according to their reference price.
5. Evaluation procedure
5.1. VIE assesses the Goods presented by the Customer by any means it deems relevant.
The repurchase of Goods composed of precious metals is carried out only on the titrations of the jewels broken or not, debris and objects containing gold, silver or platinum. Their weight is determined on the weight of the precious metals exclusively, the Customer being warned that the stones and any other material will be removed before weighing. To verify the titration of the precious metals possibly offered for sale, the Customer acknowledges and accepts:
– expertise by the so-called “touchau” method,
– the dissociation of any material other than gold or of different finenesses of gold which could lead to permanent damage to its property. Consequently, the Customer is informed that VIE cannot be held liable for the deterioration of its property.
After the evaluation of the Goods presented by the Customer, VIE communicates a price offer to the Customer.
This offer, negotiable between the parties, has a limited validity period indicated by VIE, and does not bind VIE for the future on an identical Good. The Customer is under no obligation to accept the purchase offer from VIE.
5.2. If the valuation of the Goods presented by the Customer cannot be carried out on site or requires time, the Customer may leave the Goods on deposit for valuation in order to allow VIE to carry out the necessary verifications or the expert appraisals required to value the said Goods. After the evaluation of the Goods presented by the Customer, VIE communicates a price offer to the Customer.
This offer, negotiable between the parties, has a limited validity period indicated by VIE, and does not bind VIE for the future on an identical Good. The Customer is under no obligation to accept the purchase offer from VIE. If the Customer refuses the redemption offer made by VIE, the Customer must come and collect the Goods within 30 days of the deposit. After this period, VIE reserves the right to destroy the goods.
5.3. In accordance with the provisions of article 4 of the decree of August 18, 2015 relating to consumer information on the purchase prices of precious metals, it is recalled that the personalized estimate of the jewelry offered for sale by the Customer is carried out by VIE according to the methods mentioned above will take into account several parameters, in particular the age, the condition of the property, the brand, the model, the nature of the metals, the presence of precious stones, fine stones or engravings. The estimate will be made before the determination of an overall purchase price which will be offered to the Customer in the purchase contract.
6 Purchase procedure
If the Customer accepts the price proposed by VIE at the end of one of the evaluation procedures mentioned in article 5 above, the buy-back offer becomes final and the Purchase Contract is completed and signed by the parts. The Purchase Agreement is then formed and final. VIE will carry out the purchase against payment to the Customer of the Purchase Price indicated in the Purchase Contract in accordance with the terms set out in article 8 below. An original copy of the Purchase Agreement will be given to the Customer.
Any negotiation or discussion that takes place before the signing of a Purchase Agreement will not bind VIE or the Seller.
When the Goods include precious metals (gold, silver or platinum), the amount of the transaction will be fixed at the updated price of the day and for an amount that VIE will have defined itself according to the weight of the goods sold.
For each purchase price, VIE informs the Customer of the amount of tax applicable to the sale or export of precious metals, jewellery, works of art, collectibles or antiques provided for in articles 150 VI to 150 VM of the general tax code in writing at the place of purchase and, if necessary, by any other means. This information is expressed as a percentage.
7 Personal data
The Customer's personal data which is collected and processed in accordance with VIE's personal data collection and processing policy subject to their knowledge and acceptance by VIE by means of a dedicated consent form.
The Customer is also informed that VIE is required to keep in a specific register called the "Police Book" the contact details of the sellers of any jewel or any work in precious metals which the public authority may request to be consulted. Each Customer has a right to access, modify, rectify and delete personal data concerning him, in accordance with the provisions of Law No. 2018-493 of June 20, 2018 relating to the protection of personal data (RGPD) .
8 Customer Payment
VIE undertakes to pay the Customer by bank transfer to the account designated by the Customer within a maximum period of 48 working hours from the conclusion of a Purchase Contract.
9 Right of withdrawal for the sale of jewelery and precious metals
In accordance with law n°2014-344 of March 17, 2014 and article L224-99 of the Consumer Code, the Customer has a period of 48 hours from the signing of the contract to exercise his right of withdrawal, without having to justify reasons or pay penalties. Exercising the right of withdrawal puts an end to the obligations of the parties. The Customer must then reimburse VIE for the price received and, in return, the latter must return the item(s) purchased. Failing to return the item(s) purchased, VIE shall pay the Customer an amount equivalent to twice the sale price received for the item(s) purchased. This withdrawal period does not apply to investment gold transactions. Under the provisions of Article 536 of the General Tax Code, VIE informs the Customer that the purchased works, without marks, must be presented for inspection within three days or broken.
10 Legal warranty against hidden defects
The Customer is bound by the guarantee relating to defects in the thing sold under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
Extracts from the civil code:
Article 1641 of the civil code: “ The Customer is bound by the guarantee for hidden defects in the item sold which render it unsuitable for the use for which it is intended, or which so diminish this use that VIE would not have acquired it, or would not have given than a lesser price, if he had known them. »
Article 1644 of the civil code: “In the case of Articles 1641 and 1643, VIE has the choice of returning the item and having the price returned, or keeping the item and having part of the price returned, as it will be arbitrated by experts. »
Article 1645 of the civil code: “If the Customer knew of the defects of the thing, he is liable, in addition to the restitution of the price he received, for all damages and interest to VIE. »
Article 1646 of the civil code: “ If the Customer is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale. »
Article 1647 of the civil code: “ If the thing that had defects has perished as a result of its poor quality, the loss is for the Customer, who will be liable to VIE for the refund of the price and the other compensation explained in the two previous articles. But the loss occurring by fortuitous event will be for the account of VIE. »
Article 1648 of the civil code: “ The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
11 Applicable law, claim and dispute
11.1 These General Conditions of Purchase will be interpreted and governed by French law.
11.2 The courts of France will have exclusive jurisdiction to settle any dispute that may arise from these General Conditions of Purchase or in connection with them.