GENERAL CONDITIONS OF SALE ONLINE Nooch 02-2015
Article 1 – Definitions
The terms used in these general conditions of sale have the following meanings:
Seller: Nooch (SIREN: 797 876 554) Albert Camus Street
78340 Les Clayes-sous-Bois
Customer (s): person (s) Physics (s) major (s), having the capacity of consumer, acquiring one or more products, for personal needs, through www.nooch.fr website;
Site: merchant site accessible from the French version of www.nooch.fr website;
Order (s) order (s) Client on purchasing one or more Products through the www.nooch.fr website;
Part (s): Client and / or the Seller;
Product (s): offer (s) and / or service (s) available (s) for sale by the Seller on the website www.nooch.fr.
Article 2 – Scope
These general conditions of sale apply, without limitation or qualification, to all sales concluded between the Seller and the Customer, wishing to acquire the products offered for sale by the Seller on the Site.
They specify in particular the conditions Ordering, payment, delivery and management of any returns of Products ordered by Customers.
The main characteristics of products, including specifications, illustrations and indications of size or capacity of the products are presented on the Site. In addition, the Customer must refer to the description of each product in order to know the properties and essential characteristics.
The Customer must be aware of these terms of sale, the main characteristics and descriptions of products before placing order, so that the selection and purchase of a product is the sole responsibility of the Customer.
Catalogs, brochures, advertisements, manuals, photographs, graphics, and / or any other commercial document or made available to the Client on the Site are only indicative and not guaranteed and can not, therefore, engage the Seller’s liability.
The products offers are in stocks, as specified in the award of the Order.
These terms and conditions are available at any time on the website and will prevail, if any, on any other version or any other contradictory document. In addition, these terms and
conditions can be maintained by anyone visiting the site, by means of a data recording and can also be edited by the Customer, by means of printing.
The Customer declares to have read these General Terms and Conditions and accepted them by checking the box provided for this purpose before the implementation of the online order process.
The validation of the Order by the Customer implies acceptance without restriction or reservation and full acceptance of these terms and conditions.
Seller reserves the right to adapt or modify at any time without notice these terms and conditions, adaptations or changes are then applied to all subsequent commands to these adaptations and modifications, and after their posting. Thus, the version of the terms and conditions applicable to the purchase is the Client that in force on the date of placing the order.
Unless proved otherwise, the data recorded in the computer system of the Vendor constitute proof of the transactions with the Customer.
Article 3 – Orders
3.1. Capacity Customer
The Customer acknowledges having the capacity to contract and acquire the products offered on the Website and warrants have full legal capacity to adhere to these terms of sale.
3.2. Placing the Order
Seller presented on the site are reserved for customers resident in France, Germany, Italy, UK, Luxembourg, Switzerland, USA,
Approximate delivery times from 3 to 8 working days
Delivery is guaranteed to these 7 destinations.
Orders are passed in French, English and euros.
It is the Customer select on the Site the Products they wish to order. It is specified that the Products offers are valid until they are visible on the site, within the limit of available stocks.
For Order, Customer retains bear the cost of telecommunications in the Internet access and use of the Site.
All steps necessary for the sale are stated on the Site.
Prior to the first order, the Customer must register on the Site. This account will be accessible at any time by the Customer through his identifiers (email address and personal password).
In the Order, the Customer agrees to provide the information requested him (concerning both the opening of its Customer account in the first order that the order form for each Order) and
is committed to the truth of these latest:
full name (s);
delivery address (if applicable); telephone number;
type of payment card, card number, expiration date and security code of the card.
Any Customer validly registered with the Site will be hired by any Order that required the seizure of his email address and his personal password, subject to the right of withdrawal defined herein.
In case of prolonged inactivity during the connection, it is possible that the selection of articles chosen before this inactivity is no longer guaranteed. If necessary, the Customer will be prompted to resume its selection of products from the beginning.
The Client will have the opportunity, before confirming his order to return to previous pages and correct and modify his order and the information provided previously before confirming it to express its acceptance. Accordingly, it is the Customer to check the accuracy of the Order and proceed immediately to correct any error.
Seller shall not be liable for input errors by the Customer or their possible consequences, especially in terms of delay or delivery error. In these cases, the costs arising from a possible return will be borne by the Customer.
3.3. Order confirmation
Once the order confirmed by the Customer by its “double click”, a confirmation e-mail acknowledging receipt of the Order and containing all of this information will then be sent to the Customer as soon as possible and no later at the time of delivery, subject to the provision by the Client a valid email address.
Offers of products and prices are valid until they are visible on the site, within the limit of available stocks. In the event that a product ordered by the Customer be unavailable, the Seller shall inform the Customer by email when knowledge of this situation and, if appropriate, the deadline by which the product will be made available.
In case of permanent unavailability of Products, Customer’s refusal to wait for the availability of the product, or refusal of a replacement product, unless such unavailability due to a case of force majeure, as defined in Article 10.2 hereof, the Customer will be refunded the product price if his bank account has been debited, within thirty (30) days following the effective date of payment. Reimbursement will be made by crediting the bank account of the Customer.
Any order placed on the Site constitutes the formation of a distance contract between the Customer and the Seller. In addition, the Order implies acceptance of the prices and features of products presented on the Site.
The Seller does not intend to sell the Products on the Site for professionals, but only to
consumers for their personal needs. The Seller reserves its right to refuse orders of the same product in significant quantities.
The sale will be considered final after sending the Customer confirmation of the acceptance of the Order by the Seller via email and after receipt by it of the full price.
Pursuant to Article L. 122-1 of the Consumer Code, the Seller shall be entitled to refuse any order for legitimate reasons, especially in case of payment problem, predictable problem concerning the delivery, abnormal control or placed in bad faith.
Where applicable, the Seller reserves the right to ask for identification evidence. In such cases, the Customer will also be informed via email and / or telephone and will then have the option to cancel the order.
Seller also reserves the right to refuse the order, in the case of an obvious typographical error leading to display a “low price” and this at the time of the Order placed by the Customer.
3.4. Order tracking
Customers may view the status of his order processing consulting his personal account on the Site.
Article 4 – Rates
The Seller shall inform the Customer on the Website of the Product by means of marking, labeling, display or any other suitable method.
In the event that the prize can not be reasonably calculated in advance due to the nature of the goods, the Seller shall provide the calculation of the price and, if applicable, all additional freight, delivery or postal charges and any other costs. When the additional costs can not reasonably be calculated in advance, the Seller will mention that they may apply.
The express consent of the Client will be required for any additional payment in addition to the price of the main object of the sales contract. In other words, the additional payment will not result from Customer’s consent given by default, especially in cases of paid options unsolicited by the Client.
The Products are supplied at the prices in force on the Site during the recording of the Order by the Seller. Prices are in euros, excluding taxes and all taxes included.
The rates take into account any reductions granted by the Seller on the Site.
Rates are fixed and not revisable during their period of validity, as indicated on the Site. The Seller reserves the right, out this period of validity, to change prices at any time. They do not include processing fees, shipping, transportation and delivery, which are charged in addition to the conditions indicated on the website and calculated prior to placing the order.
The cash to the Client is the total amount of the purchase, including its costs.
In case of obvious typographical error leading to display a “low price”, the sale may be canceled, as mentioned in Article 3.3.
An invoice is issued by the Seller and delivered to the customer upon delivery of the ordered products.
Article 5 – Conditions of payment
The price of the Products and participation in delivery charges is payable by the customer in full on the day of placing the order by secure payment channel (SCELLIUS) by credit card (Visa and MasterCard).
On behalf of the credit card used by the Customer will be charged at the time of validation of the Order.
The payment order made by credit card may be canceled. Payment of the Order by the Customer shall be irrevocable, without prejudice to the Client to exercise his right of withdrawal or subsequent cancellation of the Order.
Furthermore, in case of non-compliance with payment conditions contained above, the Seller reserves the right to suspend or cancel delivery of current orders to the Customer, to suspend performance of its obligations, reduce or cancel any discounts granted to the latter.
WHAT ARE THE MODES OF DELIVERY?
Nooch offers the following delivery modes:
– Shipping with Colissimo for Metropolitan France
– Delivery in Coli international position for the rest of the world.
Article 6 – Delivery
Products ordered by the Customer will be delivered in mainland France within five (5) working days from dispatch of the Order by the Seller at the address indicated by the Customer when the order on the Site.
COUNTRY TIME RATE MAINLAND FRANCE 2-4 business days € 7.90
EUROPE & SWITZERLAND 4-6 business days € 12.90 INTERNATIONAL 10 to 15 working days € 22.90
The delivery consists of the transfer to the Client of the physical possession or control of the product.
Except in special cases or unavailability of one or more products, the Products ordered will be delivered at once.
Seller agrees to use its best efforts to deliver the Products ordered by the Customer in the aforementioned manner. However, these deadlines are provided for information purposes, so that all delays in delivery can not give rise to damages.
However, if the ordered products were not delivered within twenty (20) days after the stated delivery date, for any reason other than force majeure or because of the Customer, the sale
may be canceled at the request Client written in accordance with Articles L. 138-2 and L. 138-3 of the Consumer Code. The sums paid by the Client then it will be returned no later than fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or retention. Reimbursement will be made by crediting the bank account of the Customer.
In case of force majeure or if the delay is attributable to the Customer, particularly in the event the Client is not available to accept delivery, the provisions of Articles L. 138-1 to L. 138-3 of the Consumer Code shall not apply.
Deliveries are made by an independent carrier, at the address given by the Customer when the Order to which the carrier may easily access.
When the Customer is itself responsible to appeal to a carrier that he himself chose, delivery is deemed made upon delivery of the Products by the Seller to the carrier which has accepted them without reservation. The Client therefore recognizes that it is the carrier that it is to make delivery and has no warranty claims against the Seller in the event of failure to deliver cargo.
The Customer must check the condition of Products delivered. It has a period of five (5) days of delivery to formulate, by registered letter with acknowledgment of receipt, any reservations or complaints concerning any apparent defect or damage during the delivery of products with all supporting documents relating thereto.
After this time and failing to comply with this formalism, the Products will be deemed compliant and free from defect and no claim will be validly accepted by the Seller.
The Vendor will refund or replace as soon as possible and at his expense, the Products delivered where non-compliance or apparent or hidden defects have been duly proved by the Customer, in accordance with Articles L. 211-4 and following of the Consumer Code and those provided for in these terms and conditions of sale.
Article 7 – Exchange of Products
The Customer has a period of fifteen (15) days from receipt of the Products to make their exchange.
Reimbursement will be made by crediting the Customer’s bank account at the latest within a period of thirty (30) days from receipt of the Products request for exchange the items by Seller.
The Customer must return the Products in their original packaging, complete, in perfect condition, labeled, unwashed and with the original invoice. The products used, damaged, soiled, washed or incomplete will not be exchanged.
The Customer must return the Products to the following address: Nooch (SIREN: 797 876 554)
Albert Camus Street
78340 Les Clayes-sous-Bois France
The return of products falls under the responsibility of the Customer. The packaging and shipping costs are entirely borne by the Customer.
The exchange will be effective and the repayment where appropriate, after receipt and control of products by the Seller.
The burden of proof concerning the exchange of products, the responsibility of the Client.
Exceptionally, products made specifically for the customer, including custom-made, are not subject to exchange law and may therefore not be refunded.
Article 8 – Ownership Transfers
The transfer of ownership of Products to Customer shall take place until full payment is received by the Seller, and regardless of the date of delivery of the Products.
Whatever the date of transfer of ownership of products, the risk of loss and damage shall pass to Customer upon delivery of the ordered products or when the customer physically take possession of the Products. Products travel at the risk of the Seller, except in the event that the Customer is responsible to use a carrier that he has chosen, under the conditions set out in Article 6 of these general conditions of sale .
Article 9 – Right of withdrawal
In accordance with legal provisions, the Customer has a period of fourteen (14) calendar days of age of the contract to exercise his right of withdrawal from the Seller, without having to give reasons or pay penalties at the end of exchange or refund, provided the products are returned in their original packaging and in perfect condition within twenty (20) days of notification to the Seller of the decision to withdraw the Customer.
Products returned by the Customer must be in their original condition and complete (packaging, accessories, label, leaflet, etc.), accompanied by the purchase invoice. Products should also not have been worn or washed. The products used, damaged, soiled, washed or incomplete will not be accepted.
The right of withdrawal may be exercised with the withdrawal form available in Annex 1 of these general conditions of sale, or any other statement, unambiguous, expressing the will of withdrawal, by post or provided, however, electronic, for the Customer, keep proof of the sending and receipt of the application for revocation.
In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased products and the delivery costs are reimbursed; the cost of return to the
The exchange (subject to availability) or refund will be made within fourteen (14) days from the receipt by the Seller of Products returned by Customer in accordance with this section.
In case of refund, the Seller will use the same means of payment used by the Customer for the initial transaction, unless express consent of the client to use another means of payment and to the extent that the repayment causes no cost to the Client.
If use of the right of withdrawal for only part of the Order, only the price charged for returned products will be refunded.
In case of redemption request, any new deliveries can intervene only after the receipt by the Vendor (the) product (s) returned (s) by the Client.
The Customer must return the Products to the following address: Nooch (SIREN: 797 876 554)
Albert Camus Street
78340 Les Clayes-sous-Bois
The return will be made at the risk of the Customer. Risk transfer will be effective after receipt of (of) product (s) by the Seller and check their condition.
Exceptionally, the right of withdrawal may be exercised for contracts listed in Article L. 121- 21-8 of the Consumer Code, in particular the contracts for goods made to customer specifications or clearly personalized.
Article 10 – Guarantees and force majeure 10.1. Guarantees
Products sold on the Site complies with the regulations in force in France and have performances compatible with non-professional use.
Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal in accordance with legal provisions:
the legal guarantee of conformity for products apparently defective, spoiled or damaged or not corresponding to the Order;
the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and making them unfit for use.
Seller will reimburse, will replace or repair the products under warranty deemed non- compliant or defective.
The shipping costs will be reimbursed on the basis of the invoiced price, return costs will be reimbursed on presentation of receipts.
Repayments of non-conforming or defective Products shall be deemed made as soon as possible and no later than thirty (30) days following the acknowledgment by the Seller the lack of conformity or hidden defect.
Reimbursement will be made by crediting the bank account of the Customer.
The Seller can not be held liable for misuse, use for professional purposes of maintenance neglect, or default of the Customer, as in case of normal wear and tear of the Product, accident or force majeure.
Seller’s warranty is in any case limited to the replacement or reimbursement of nonconforming products or affected a vice.
Claims made under guarantees should be addressed by the Customer by registered mail with return receipt to the following address:
Nooch (SIREN: 797 876 554)
Albert Camus Street
78340 Les Clayes-sous-Bois France
Use of the Website implies knowledge and acceptance by the Customer of the characteristics and limitations of the Internet and technology related to it, the absence of protection of certain data against possible misuse or piracy and risks of contamination by viruses circulating on the network.
Seller disclaims any liability for any misuse or disruption resulting from the use of computers, access to the Internet, maintenance or malfunction of the servers, the telephone line or any other technical connection and sending the forms to an incorrect or incomplete address, any computer errors or defects noted on the Site.
Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code and sections 1641 and 1648 of the Civil Code are reproduced in full in Appendix 2 of these terms and conditions.
10.2. Force majeure
Are considered as force majeure or fortuitous events, the events beyond the will of the Parties, they could not reasonably be required to provide, and they could not reasonably avoid or overcome, since their occurrence makes it totally impossible to perform the obligations.
Are notably likened to cases of force majeure or fortuitous event discharging the Seller’s obligation to deliver within the time originally planned: the strikes of all or part of the staff of the Seller or its usual carriers, fire, flood, war, production downtime due to accidental failures, the inability to obtain supplies of raw materials, epidemics, thawing barriers, roadblocks, strikes or EDF-GDF supply disruption, or supply disruption for a reason not attributable to the Seller, as well as any other cause of disruption of supply due to the Seller’s suppliers.
In such circumstances, the Seller will notify the Customer in writing, including by electronic mail to the address provided by the Customer during the registration of an Order, within forty- eight (48) hours from the date of occurrence of events The contract between the Seller and the Customer will be suspended automatically without compensation from the occurrence of the event date.
If the event were to last more than thirty (30) days from the date of occurrence of the latter, the sales contract between the Seller and the Customer can be terminated by either Party without that neither party being able to claim the award of damages.
Such termination shall take effect on the date of first presentation of the registered letter with acknowledgment exposing said sales contract.
Article 11 – Personal data – information and Freedoms
The archiving of transaction data is made on a reliable and durable as a faithful and durable copy pursuant to section 1348 of the Civil Code.
Pursuant to Law No. 78-17 of 6 January 1978, he was reminded that personal data requested from the Customer is required including the treatment of its order and invoicing.
These data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
Depending on the choices made when creating or consulting their account on the Internet, the Customer will be likely to choose whether to receive the Seller, commercial offers or be informed of specific transactions via email.
If the Customer does not wish to receive these offers, it may at any time be requested by clicking a link on the e-mail newsletter and for this purpose, or by modifying his account directly on the Website.
The treatment of the information provided through the website has been declared to CNIL under the number 1833018 v 0.
The Customer has, in accordance with national and European regulations in force of a permanent right of access, modification, rectification and opposition with regard to information about it. This right can be exercised under the conditions and in the manner specified on the Site.
Article 12 – Intellectual Property
Site content is the property of the Seller and its partners and is protected by French and international laws on intellectual property.
Total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.
In addition, Seller remains the owner of all the intellectual owner of the brand Nooch well as photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of Client) for the supply of Products to the Customer.
The Customer is therefore forbidden any reproduction or use of the mark and said Nooch studies, drawings, models and prototypes, etc., without the express, prior written Seller may make it conditional on a financial consideration.
Article 13 – Severability
The nullity of a contractual clause does not invalidate the present general conditions of sale. The other clauses remain applicable to the contractual relationship between the Seller and the Customer.
The temporary or permanent non-application of one or more provisions of these terms and conditions by the Seller shall not assert waiver by it to the other clauses of general terms and conditions which continue to produce their effects.
Article 14 – Law and language
These general conditions of sale and sales contracts entered into pursuant to these are governed by and subject to French law.
These terms and conditions are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
Article 15 – Disputes
Any disputes which sales contracts concluded under these General Terms and Conditions may result, for both their validity, interpretation, execution, termination, their consequences and suites that have not been resolved between the Seller and Customer shall be submitted to the competent courts in common law conditions.
The Customer is informed that he may in any case use a conventional mediation, in particular from the Commission of mediation consumption (Article L. 534-7 of the Consumer Code) or from sectoral mediation bodies or any existing alternative dispute resolution (conciliation, for example) in case of dispute.
Article 16 – Pre-contractual information – Acceptance of the Customer
The Customer acknowledges having received notice prior to placing the order, in a legible and understandable manner, the present general sales conditions and all information and the information referred to in Articles L. 111-1 to L. 111-7 of the Consumer Code, in particular:
the essential characteristics of the product, given the communication medium used and the product concerned;
the price of the Products and associated costs (delivery, for example);
in the absence of immediate execution of the contract, the date or period to which the Seller agrees to deliver the Product;
information regarding the identity of the Seller, its postal, telephone and electronic contact and activities, if not apparent from the context;
the information relating to legal and contractual guarantees and their implementation modalities;
digital content features and, where appropriate, its interoperability;
the possibility of using a conventional mediation in case of disputes;
information about the right of withdrawal (existence, conditions, delay, how to exercise this right and standard form of withdrawal), the cost of return of the Products, the termination provisions and other key terms and conditions.
The fact that a customer ordering on the site implies acceptance and full acceptance of these terms of sale, as expressly acknowledged by the Customer, who renounces in particular to take advantage of any contradictory document, which would be unenforceable in Seller.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To the attention of:
Nooch (SIREN: 797 876 554) Albert Camus Street
78340 Les Clayes-sous-Bois France
I / We (*) notifies you / Notifies (*) by my / our (*) withdraw from the contract for the sale of property (*) / for the provision of services (*) below:
Ordered on (*) / received (*):
Name () consumer (s):
Address (es) consumer (s):
Signature (of) consumer (s) (only if notification of this form on paper): Date:
(*) Delete as appropriate.
Main articles of the Consumer Code relating to the legal guarantee of conformity in force on 1 February 2015
Article L. 211-4 of the Consumer Code: The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery.
It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility.
Article L. 211-5 of the Consumer Code: To conform to the contract, the product must:
1. Be suitable for the purpose usually of a similar property and, where applicable:
– Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;
– The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2. Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
Article L. 211-12 of the Consumer Code: The action resulting from lack of conformity lapses two years after delivery of the goods.
Key articles of the Civil Code concerning the legal guarantee against hidden defects into force on 1 February 2015
Article 1641 of the Civil Code The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not have acquired, or would have paid a lower price if he had known.
Article 1648 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of vice.
In the case provided for in Article 1642-1, the action must be lodged, under penalty of foreclosure, in the year following the date on which the seller may be discharged apparent defects or lack of conformity.