Terms of sale
TERMS AND CONDITIONS OF SALE
Any purchase made on the websites www.nodaleto.com and www.nodaleto.shop (hereinafter the "Site") is subject to the acceptance of these general conditions of sale (hereinafter "TCS") which exclusively govern all contractual relations between:
On the one hand,
NODALETO SAS, a simplified joint stock company with a capital of €20,000, registered with the Paris Trade and Companies Registry under number 842 472 664, and whose registered office is located at 57 rue Pierre Charon 75008 Paris, FRANCE and whose VAT number is FR69842472664 (hereinafter "NODALETO"),
AND
On the other hand,
Any legal or individual, over the age of majority or holder of parental authorisation and with full and complete legal capacity to enter into a binding agreement, wishing to purchase the Products offered for sale by NODALETO on the Site and acting for purposes that are not within the scope of its commercial, industrial, craft, liberal or agricultural activity (hereinafter the "Client").
The TCS define the rights and obligations of the Parties in the context of the sale of Products on the Site.
The present preamble, the Terms and Conditions of Use, the Legal Notice and the Privacy Policy of NODALETO form an integral part of the TCS.
The Client declares having obtained from NODALETO, prior to placing an Order, all the information on the Products and the delivery terms. The Client declares that he is solely responsible for the choice of the Products and their suitability for his needs.
NODALETO is free to modify, at any time and without prior notice, the present Terms and Conditions of Sale, to take into account any legal, jurisprudential and/or technical evolution. NODALETO shall inform the Client by any means, who must accept the new TCS.
Each Order will be deemed to be placed in compliance with the terms of the TCS in force on the date of the Order.
NODALETO retains the right to refuse any Order in the event of non-compliance with the TCS by the Client.
Article 1. DEFINITIONS
Client means any individual of full age or legal entity who browses on the Site, browses the Products and/or places an Order for the Products on the Site, and acting for purposes that are not within the scope of its commercial, industrial, craft, liberal or agricultural activity.
Sales Order shall designate the process whereby the Client selects on the Site the Products that he wishes to purchase and pays the amount due to NODALETO.
Contract shall designate the present Terms and Conditions of Sale and any special conditions applicable to certain promotional operations.
Internet designates various networks of servers located in various places throughout the world, linked together by means of communication networks, and communicating using a specific protocol known as TCP/IP.
Parties means NODALETO and the Client.
Product means any product offered for sale on the Site and which the Client may order.
Site refers to the infrastructures developed by NODALETO according to the computer formats that can be used on the Internet, comprising data of various types, in particular text, sound, still or animated images, videos and databases, which may be consulted by the Client to find out the characteristics of the Products.
Article 2. PRODUCTS
The Products sold by NODALETO comply with current French regulations.
The Products are sold within the limits of available stocks. Despite all precautions taken, it is possible that a Product ordered may no longer be available. In such an event, NODALETO shall undertake to inform the Client as soon as possible and, where applicable, to reimburse the Client for the full amount paid using the same means of payment previously used by the Client.
In the event that stocks are exhausted, NODALETO shall endeavour to indicate this on the Site and to make it impossible to Order the Product in question. In the event that a Product is no longer available, NODALETO shall offer to inform the Client's e-mail address so that NODALETO can inform the Client as soon as the Product becomes available again.
Article 3. ORDERS
After having read the Products offered by NODALETO on the Site and having, where applicable, contacted NODALETO's client service department, the Client is invited to add one or more Products to his virtual basket.
A summary of his Order is then offered to him (product reference, quantities, unit price, price including VAT, etc.) so that he can, if necessary, modify his Order before finalising it. On this occasion, NODALETO shall inform the Client of the authorised means of payment, the delivery terms and the Client's right to return the Products ordered within a period of fourteen (14) days in accordance with article 12 of the Terms and Conditions of Sale.
Once the Order has been finalised, the Client is invited to:
(i) complete the mandatory fields to continue with the Order;
(ii) choose or fill in his billing and delivery addresses;
(iii) select the terms of delivery of the Products (lead time, mode, price, etc.) among the suggested options.
The Order is confirmed by NODALETO only after (i) acceptance of the TCS by the Client, (ii) verification and confirmation of the validity of the payment and (iii) dispatch to the Client of the confirmation of acceptance of the Order.
NODALETO shall undertake to send to the Client, by e-mail, an Order confirmation including :
- A summary of the Products ordered and their references;
- The price of the Products;
- The quantity of Products ordered;
- The date of the Order;
- The delivery costs of the Products;
- The method of payment chosen by the Client;
- The mention that the Client benefits from a withdrawal period and the applicable period.
NODALETO shall also send an invoice to the Client by e-mail to the address given at the time of placing the Sales Order. The Client is advised to save or print the invoice and keep it.
The Client must check the content of the communication as soon as possible and immediately notify NODALETO of any errors or omissions.
Failure to reply to the Order confirmation shall constitute express acceptance of the Order and its terms and conditions by the Client.
The Company retains the right to refuse any Order in the event of:
(i) Existing or past litigation with the Client;
(ii) Total or partial non-payment of a previous Order by the Client;
(iii) Refusal to authorise payment by credit card from banking organisations;
(iv) A request for an abnormally large quantity of Products for a consumer;
Any Order implies an obligation to pay by the Client.
NODALETO shall undertake to honour the validated Orders, within the limits of available stocks.
Article 4. PRICE
The price of the Products is quoted in Euros, including all French taxes (French VAT and other applicable taxes), excluding delivery costs, which shall be notified to the Client at the time he/she places the Order. In the event of a change in the VAT rate, the price shall be automatically modified, without further notice, on the date on which the new rate is due.
NODALETO reserves the right to modify its prices at any time. The Products will be invoiced on the basis of the prices in force at the time the Order is validated.
In the event that an abnormally low price is indicated due to a technical or human error, NODALETO retains the right to ask the Client to add to the price already paid or to cancel the Sales Order by reimbursing the full amount already paid.
Article 5. PROMOTIONS AND REDUCTIONS
NODALETO is likely to organise various promotional operations, including in the form of announcements of price reductions in the context, for example, of private sales or NODALETO days. Price reductions are established in relation to reference prices which generally correspond to the prices offered to current clients outside the reduction period in question.
The promotional codes offered by NODALETO apply only to the base price without discounts. Promotional codes cannot be combined with each other or with vouchers. Promotional codes may be used once (1) per Client unless otherwise instructed by NODALETO. Products purchased with these codes cannot be exchanged or refunded.
Article 6. PAYMENT
Orders are paid cash on the day of the Order by credit card (Visa, Mastercard, American Express).
NODALETO uses Stripe services, which ensures the secure transmission of credit card numbers using SSL protocol. Exceptionally, NODALETO retains the right to suspend an Order and to ask its Clients for any additional information that may be useful in order to guarantee the absence of any fraudulent use of a means of payment.
Payments by Paypal and Amazon Pay are accepted on the Site, which will be made through the intermediary of PAYPAL or AMAZON, and subject to their own general conditions of sale and use of their services.
The choice of these methods of payment implies acceptance of the general conditions of sale and use of the companies PAYPAL (accessible here) and/or AMAZON (accessible here).
NODALETO cannot be held responsible in place of PAYPAL and AMAZON.
The online supply of the credit card number or other banking information and the validation of the Order and its payment shall constitute proof that said Order is complete, and the sums committed in the Order shall become due and payable.
However, in the event of fraudulent use of the Client's credit card or banking information, the Client is invited, as soon as such use has been established, to contact NODALETO's client service department by e-mail at the following address: eshop@nodaleto.com.
It is expressly agreed that, except in the case of manifest error on the part of NODALETO, the data stored in NODALETO's computer systems, under reasonable conditions of security, have probative value with regard to the Orders placed by the Client. The data on computer or electronic media constitute valid proof and as such are admissible under the same conditions and with the same probative value as any document drawn up, received or kept in writing.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium in such a way as to correspond to a faithful and durable copy.
Article 7. DELIVERY
Delivery costs are specified on the Site and are indicated in euros (inclusive of tax) when the Order is placed. They are payable by the Client, who must accept them when the Order is confirmed.
These costs may vary according to the weight, volume and nature of the Order, as well as the carrier chosen, the method of delivery and the place of delivery.
When placing an Order, the Client is invited to choose one of the delivery methods proposed by NODALETO.
As a general rule, the delivery methods eligible for delivery in mainland France, Corsica or Monaco are (i) delivery to "Points relais So Colissimo" or (ii) delivery by "Colissimo" to the address provided by the Client when placing the Order within the time period indicated when placing the Order.
For deliveries outside metropolitan France, Corsica and Monaco, unless otherwise specified on the Site, deliveries are made by UPS to the address provided by the Client when placing the Order, within the time frame indicated on the Order.
Any dispatch of an Order shall be notified by NODALETO to the Client by sending an e-mail allowing, if necessary, to follow its transit. Delivery will be deemed to have been made when the Client or a third party designated by the Client, other than the carrier proposed by NODALETO, takes physical possession of the Product.
Deliveries can be made to metropolitan France, Corsica, Monaco and internationally (unless otherwise specified on the Site or on any other medium in the case of geographical areas not served).
Deliveries are made either to the address provided by the Client or to the collection site selected by the Client.
The expected delivery date of the Products is indicated during the Product Order process and before the validation of said Order. Delivery times are also indicated in the Order confirmation e-mail sent to the Client.
Delivery times include the preparation and dispatch of the Order, as well as the time taken to deliver the Products to the delivery site, to the Client’s postal address or pick-up point.
Average delivery times are between forty-eight (48) and seventy-two (72) hours for metropolitan France, Corsica and Monaco and two (2) to seven (7) days outside these territories.
In the absence of any indication on the Site of a delivery time for the Products, NODALETO shall undertake to deliver them within a maximum period of thirty (30) days from the Order confirmation e-mail sent to the Client by NODALETO.
However, NODALETO makes use of external service providers to transport the Products. NODALETO is therefore dependent on said external service providers. NODALETO shall not be held responsible for any delays or delays in delivery that may occur as a result of the use of such third-party service providers.
NODALETO shall inform the Client that the delivery of several Products included in an Order may be made in several parts. The Client will be informed by e-mail.
In the event of a delay in delivery of more than thirty (30) days, the Client may cancel his Order, by registered letter with acknowledgement of receipt or by writing on another durable medium addressed to NODALETO's client service department. However, the Client may only do so after having first enjoined NODALETO, according to the same terms, to carry out the delivery or provide the service within a reasonable additional period, and only after NODALETO’s failure to perform within this time frame.
In such an event, the Order shall be deemed cancelled upon receipt by NODALETO of the letter or writing informing it of such cancellation, unless NODALETO has performed in the meantime.
In the event of cancellation of an Order in the aforementioned forms, NODALETO will reimburse the Client for all sums paid, no later than fourteen (14) days following the date of cancellation.
Article 8. RECEPTION
Delivery shall be made with the Client’s signature, which shall be proof of the proper receipt of the Products.
The transfer of risks and liability relating to the Products shall take place upon receipt of the Products by the Client.
From this date, the Client shall be solely and exclusively responsible for them, their use and any consequences that may result from their use.
Consequently, the Client undertakes to check, at the time of delivery, that the Order delivered is complete, conforming and has not been damaged. Any anomaly/reservation identified at the time of delivery (in particular late delivery, missing or damaged product) must be fully and accurately reported by the Client on the carrier’s receipt upon delivery of the Products and/or confirmed by registered letter to the carrier within ten (10) days of receipt of the delivery.
Any Order delivered with the Client’s signature shall be deemed to be compliant, complete and in perfect condition at the time of delivery and in the absence of such a report.
Any apparent anomaly concerning an Order (number of units, condition of the packaging, etc.) must be indicated precisely (detailed description of the anomaly) by the Client on the carrier's delivery slip, in the presence of the carrier.
The Client must immediately inform NODALETO by providing any useful evidence (photograph, description of the anomaly, etc.). An apparent anomaly means any anomaly that should normally be detected by a normally attentive and informed consumer. Absent any notification, the Products shall be deemed to have been delivered free of any apparent anomaly.
It is therefore up to the Client to preserve his rights vis-à-vis the carrier.
Article 9. RESERVATION OF PROPERTY
NODALETO retains ownership of the Product sold until full and effective payment of the price by the Client.
Until full payment of the price, the Client will therefore refrain from pledging the Products subject to retention of title or using them as a guarantee and will have to individualise the Product sold by NODALETO.
These conditions do not prevent the transfer to the Client, upon delivery of the Product, under the conditions of article 5 of these TCS, of the risks of loss and deterioration of the Products subject to retention of title, as well as the responsibility for any damage or prejudice that they may cause. The Client is therefore invited to take out insurance to cover the risks involving the Product starting from the date of delivery.
Article 10 . GUARANTEES
All Products, tangible movable goods, sold at a distance benefit from the legal guarantee of conformity and the legal guarantee of hidden defects under the conditions of articles L.217-4 and following of the Consumer Code and 1641 of the Civil Code as well as, where applicable, the contractual guarantee of the manufacturer included in the purchase price of the Product.
- Legal guarantee of conformity
The Products are subject to the legal guarantee of conformity:
"The seller is obligated to deliver goods that comply with the contract and is liable for any defects in conformity existing at the time of delivery.
It is also liable for defects in conformity resulting from the packaging of the assembly instructions or from installation when this has been made at its expense, by the contract, or has been carried out under its responsibility. »
The action resulting from the lack of conformity shall be subject to a statute of limitations of two (2) years from the delivery of the Product.
Defects in conformity which appear within twenty-four (24) months of the delivery of the Product shall be presumed to exist at the time of delivery, unless proven otherwise.
The Client may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code.
- Warranty for hidden defects
The Products offered on the Site are subject to the guarantee against hidden defects:
"The seller is bound by the guarantee on account of hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them".
The action resulting from latent defects must be brought within two (2) years from the discovery of the defect.
The Client may decide to implement the guarantee against hidden defects in the item sold by choosing between voiding the sales agreement or a reduction in the sale price.
- Terms and conditions for exercising guarantees
In case of a non-conformity or hidden defect of the Product, the Client must address his claim to NODALETO's client service department.
In case of return of a Product, the Client is invited to follow the procedure described in article 11.
The exercise of these guarantees takes place at no cost to the Client, provided however that the Client is entitled to request the benefit of these guarantees.
The Client is informed that NODALETO regularly carries out tests on the conformity of the products sold and the proof of conformity of the batches analysed, which are kept on NODALETO's premises, may be invoked against the Clients if necessary.
In the event that NODALETO finds that the legal guarantee of conformity has been abused or used in bad faith or that there are hidden defects (abnormally high frequency of use, returned Product not corresponding to the Product purchased, Product returned late and in a manifestly depreciated condition, non-conformity of a Product that is clearly the result of inappropriate use by the Client, etc.), NODALETO retains the right to give formal notice to the Client to submit, within eight (8) days, its observations on the alleged grievance.
In the absence of a response or in the absence of a satisfactory response, NODALETO retains the right to invoice the Client for compensation in proportion to the management costs made necessary to deal with an abusive request or/made in bad faith.
Article 11. WITHDRAWAL
Clients are informed that they have the right to withdraw without giving any reason within a period of fourteen (14) days after they, or a third party other than the carrier and designated by them, physically take possession of the goods.
In the case of an Order relating to several Products delivered separately or to a Product delivered in several lots or pieces, this period expires on the day on which they take possession of the last Product / lot / piece. The day on which the Order is concluded or the day on which the Product is received shall not be counted within this period. If this period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the first following working day.
The right of withdrawal cannot be exercised for agreements for the supply of goods (i) which have been unsealed by the Client after delivery and which cannot be returned for reasons of hygiene or health protection, as well as for (ii) personalised Products.
In order to exercise their right of withdrawal, Clients are invited, before the expiry of the aforementioned period, to notify NODALETO's client service department of their decision to withdraw from the agreement by means of an unambiguous statement (e.g. letter sent by post, email, etc.), using, where applicable, the form provided at the end of these TCS.
Clients may also use the procedure provided for on the Site by logging into their "return" tab account (an acknowledgement of receipt will be sent without delay).
After exercising their right of withdrawal, the Client is invited to return the Product in question to the following address: 57 rue Pierre Charon 75008 Paris without undue delay and no later than fourteen (14) days after having communicated to NODALETO its decision to withdraw. This time limit is deemed to have been respected if the Product is returned before the expiry of this period. The costs and risks associated with the return are the sole responsibility of the Client.
In the event of withdrawal, NODALETO will reimburse all payments received, including delivery costs (except for any additional costs arising from the fact that the Client has chosen a delivery method other than the less expensive one offered by NODALETO) without undue delay and no later than fourteen (14) days from the day on which NODALETO has been informed of the decision to withdraw (reimbursement may be deferred until NODALETO has received the goods concerned or until the Client has provided NODALETO with proof of dispatch of the goods, whichever occurs first). The same means of payment as that used for the Order will be used, unless the Client expressly agrees to a different means.
The Client who exercises his right of withdrawal may be held liable for the depreciation of the goods concerned resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
Article 12. RETURN
Returned Products must imperatively be accompanied by all their accessories, the purchase invoice, the return form issued by NODALETO on the Site or by email, perfectly protected and sent by post, at the Client's risk and peril, to the following address:
Customer Service
4 Avenue des Andes Bâtiment B,
91940 Les Ulis, France
If the right of withdrawal is exercised, the Products must be returned at the Client's expense in their original packaging and in perfect condition for resale (undamaged, damaged or soiled).
If the legal guarantees are exercised, the Products must be returned in their original packaging if possible. Depending on the evidence provided by the Client to NODALETO's client service department within the framework of the exercise of one of these guarantees, NODALETO is likely to issue a prepaid voucher which will enable the Client to return the Product without having to bear the costs.
Article 13. INTELLECTUAL PROPERTY
NODALETO is the exclusive owner of the intellectual property rights - regularly filed by the Bouchara law firm specialised in intellectual property law: www.cabinetbouchara.com - on the Products offered on the Site or in physical shops, the trademarks, service marks, shape marks, designs and models and copyrights associated with the Products, the Site and all its elements, particularly the visual and graphic identity, its design, its ergonomics, its functionalities, the software, texts, animated or still images, sounds, know-how, designs, graphics and the names, acronyms, logos, or other signs that may be used, made or used by NODALETO.
It is forbidden to use the trademarks, images, drawings and models or any other element on which NODALETO holds intellectual property rights.
Furthermore, the intellectual property rights on the documents contained on the Site and each of the elements created for this Site are the exclusive property of NODALETO, which does not grant any licence or any other right other than that of consulting the Site. The reproduction of any page or content of the said Site is subject to prior written authorisation from the Seller, except in the case of private copies.
The reproduction of any documents published on the Site is only authorised for an informational purpose and for a personal and private use, any reproduction and any use of copies made for any other purposes being expressly prohibited.
It is also forbidden to copy, modify, create a derivative work, reverse the design or assembly or in any other way attempt to find the source code (except in cases provided for by law), sell, assign, sub-licence or transfer in any way whatsoever any right relating to the software.
It is also prohibited to modify the software or to use modified versions of the software and including (but not limited to) to obtain unauthorised access to the service and to access the Site by any means other than through the interface provided to you by NODALETO for this purpose.
The Site, as well as any software necessarily used in connection with the Site, may contain confidential information that is protected by current intellectual property law or any other law.
The Client expressly acknowledges that any violation of this clause is likely to cause financial damage to NODALETO for which it may seek compensation.
Article 14. PERSONAL DATA
NODALETO may collect personal data depending on the services that the Client uses, via technologies such as cookies or tracers, and including when taking an Order.
Consequently, NODALETO invites the Client to read, on the Site, the section relating to the Privacy Policy and the processing of personal data as well as the use and storage of cookies and tracers. This section is an integral part of these Terms and Conditions of Sale.
The Privacy and Personal Data Processing Policy is accessible on the following link: Privacy Policy
Article 15. FORCE MAJEURE
Neither Party may be held liable if the performance of the Contract is delayed or prevented due to a case of force majeure or a fortuitous occurrence, due to the other Party or a third party, or due to external causes such as social unrest, intervention by civil and/or military authorities, natural disasters, fire, water damage, interruption of the telecommunications network and/or the electricity network.
Article 16. RESPONSIBILITY
NODALETO only owes an obligation of means.
Consequently, NODALETO cannot be held liable for any indirect damages caused by its actions or the Products or for any damage of any kind resulting from the unavailability of the Site.
Likewise, the Seller shall not be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a breakdown in service, external intrusion or the presence of computer viruses.
NODALETO shall not be held liable for any presentation of the Products that does not allow the Client to view them completely and totally accurately (e.g.: colour appearing on the screen that differs from the colour of the Products, etc.).
NODALETO undertakes to describe with the utmost accuracy or to present a photograph of the Products sold on its Site, it being understood that the photographs represented on the Site are not binding.
The Client is invited to inform NODALETO of any error he may notice in the description or photograph of a Product.
The Client acknowledges and accepts that the prices of the Products are likely to vary between the Site and the shops, and that under no circumstances can this difference in price be used as a basis for a request for total or partial reimbursement of the Products purchased either on the Site or in the shops.
Failure by the Client to comply with the obligations set out in the TCS (in particular in the event of fraud or attempted fraud or any payment incident) may result in the suspension of their access to the Site, or even the termination of the Order depending on the seriousness of the actions in question, without prejudice to any damages that NODALETO may seek.
Article 17. GENERAL PROVISIONS
The Parties acknowledge that these TCS constitute the entire agreement between them and supersede any prior offers, provisions or agreements, whether written or verbal.
The headings of the Articles of these TCS have been inserted for the convenience of the Client and in no way to restrict or modify any of the terms or stipulations herein.
No subsequent document, no modification of the TCS in any form whatsoever will be effective between the Parties without taking the form of an amendment duly dated and signed by each Party.
If any of the provisions of the TCS are found to be invalid with regard to a valid legal provision or a court decision that has become final, it will be deemed to be unwritten, without invalidating the TCS or affecting the validity of the other provisions.
The Parties elect domicile at the addresses indicated on the order form for the Client and at the address appearing on the Site for NODALETO.
The TCS are concluded in English and French. In the event of a conflict of interpretation between the English and French versions of these TCS, the French version shall prevail.
The TCS are governed entirely by French law.
In the event of a dispute relating to an Order, the Client must first contact NODALETO, in order to find an amicable solution, by email at eshop@nodaleto.com.
The referral to the mediator can only take place after the Client has made prior written representations to NODALETO.
The Parties have the right to resort to conventional mediation or any alternative dispute resolution method in the event of a dispute. NODALETO shall be responsible for referring the matter to the mediator. The Parties are free to refuse the solution proposed by the mediator. NODALETO's mediator is FEVAD.
In addition, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
It is expressly recalled that requests for out-of-court settlement do not suspend the statute of limitations.
In the event of a dispute, the competent court shall be that of the defendant's place of residence or, at the defendant's choice, the place of actual delivery of the Product.
***
WITHDRAWAL REQUEST
(Please complete and return this request if you wish to withdraw)
For the attention of
NODALETO
Client Service
9 rue de la Trémoille 75008 Paris, FRANCE
I/We (*) hereby notify you (*) of my/our (*) withdrawal request the Contract for the sale of the good(s) (*) below:
Order Number:
Ordered on:
Received on:
Name of the consumer(s):
Address of the consumer(s):
If your request concerns only part of your Order, please specify the Product(s) you wish to cancel and their quantity:
Date:
Signature:
(*) Delete as appropriate