GENERAL TERMS OF SALES AND USE
These General terms of Sales and Use (hereinafter referred to as the “GT”) shall govern all the distance retail sales of Nina des Criquets, a private company .The GT shall govern, notwithstanding any statement or reservation of the Client, any relationship between Nina des Criquets, and:
- – any of its prospective clients or clients, consumers, using the Website defined hereafter (hereinafter the “Client”), notably in relation with the distance retail sales of any Nina des Criquets, product (hereinafter the “Product”),
- – any user of the website which url address is www.com (referred to as the “Website”), including any Internet user accessing the Website on any grounds and for any reason whatsoever (hereinafter the “User”).
The GT may be amended at any time without prior notice, and therefore the Client is kindly asked to read them carefully before any order, and the User any time he accesses the Website.
1.ENTERING AND PERFORMING THE CONTRACT
1.1Offer and Acceptance
The acceptance and the confirmation of the order are given by data capture on successive screen-pages, in English or French.
In order to submit an order, the Client shall create a client account on the Website, and in this respect particularly indicate:
– his identity (title, name, forename);
– his details (invoicing and delivery address, e-mail address, phone number).
The Products selected and the data filled by the Client appear, before the conclusion of the contract, on a recapitulative screen:
– enabling to check the detailed order and its total price,
– indicating the deadline before which Nina des Criquets, commits to deliver the Product if it is different from that indicated by article 2.4 hereafter,
– enabling to identify possible mistakes regarding the date filled by the Client and to correct them,
– setting forth expressly the firm commitment of the Client in case of confirmation and payment.
After confirmation of the Products selected and of the data filled, the Client is kindly asked to pay his order online in order to confirm it definitely, throughout Paypal payment system .
Nina des Criquets, acknowledges receipt of the orders without delay by electronic means, and specifies the e-mail address to which the Client may address any possible complaint.
The confirmation e-mail sets forth:
– the typical feature of the Products,
– the price all tax included
– the transportation costs,
– the Client’s right of withdrawal and how he may exercise it,
– the after-sales service and the commercial guarantees.
1.2 Right of Withdrawal
This article 1.2 herein is applicable only in case of distance sale falling into the scope of application of Article L. 121-16 of the French Consumer Code, that is to say in case of a sale of good concluded between Nina des Criquets, and a consumer, without the simultaneous physical appearance of the parties, who are using, for the purposes of concluding this contract, exclusively one or several distance communication devices.
The Client may exercise his right of withdrawal, without motivation, within a (7) seven-weekday period as from the receipt of the Product by sending it back in its original packaging.
The withdrawal period begins as from the date of receipt of the Product and terminates upon the date of shipping indicated on the returned parcel.
The Client shall send back the Product to NINA DES CRIQUETS:
– exclusively to the address NINA DES CRIQUETS, BP 40, 13670 St Andiol
– by the carrier of his choice, it being specified that he shall bear the returning charges;
– within a (7) seven-weekday period, as attested by the date postmarked by the post office or by the carrier;
– Enclosing the delivery form and the customs documents if any.
The right of withdrawal, if validly exercised, empowers the Client to obtain the reimbursement of his order within a thirty-day period at the latest.
In case of partial return of an order or damage to any Product returned, NINA DES CRIQUETS reimburses the Client up to the value of the Product or of the Products returned.
1.3 Monitoring of Order’s Execution
The Client may follow-up the execution of his order without any other cost than the usual cost of communication, by e-mail sent to info@NinadesCriquets.fr or by letter sent to NINA DES CRIQUETS, BP 40 13670 St Andiol – FRANCE.
1.4 After-sales Service
NINA DES CRIQUETS commits to answer as quickly as possible, and at the latest within 15 (fifteen) days, to any order or complaint reaching it.
The after-sales service answers the calls and mails in English or French. The Client is kindly asked to use one of these languages in any communication whatsoever.
The after-sales service may be reached, on the working days at NINA DES CRIQUETS’s registered office:
– 24 hours a day by e-mail sent firstname.lastname@example.org
2.RATES, PAYMENT AND DELIVERY
2.1 Price List
The prices indicated on the Website are expressed by default in Euros taxes included, transportation costs excluded and possible costs and taxes of customs clearance excluded.
The Client shall fill in the delivery address in order to be provided with the actual price of his order, transportation costs included, but possible costs and taxes of customs clearance excluded.
The Client shall observe the applicable tax provisions, and refrain from any abuse of rights, and guarantees expressly Nina des Criquets against any possible consequences resulting from any breach of this essential obligation.
2.2 Dispatch Costs
Except express request of the Client, the dispatch is performed by EMS and passed on to the Client.
The payment is immediate by Paypal
2.4 Delivery’s Delay
NINA DES CRIQUETS usesEMS for all countries. For information only, the average delivery period normally varies from 2 to 3 week depending on the destination of the Products.
Except specific notice prior to the conclusion of the contract, NINA DES CRIQUETS commits to deliver any Product ordered from the Website within a maximum of 30 (thirty) weekdays.
Except in case of force majeure, if the Products are not delivered within this period, the Client may request to declare the sale void, in accordance with article L. 121-20-3 and L. 114-1 paragraphs 2 and 3 of the French Consumption Code.
2.5 Damages during Shipment
The Client shall accept the parcel only if the external packaging does not present any mark of bump or leak. NINA DES CRIQUETS recommends to open the parcel and check the Product before signing the carrier’s receipt.
If it is not possible, the Client is kindly asked to express reservations relating to the state of the goods by indicating on the carrier’s receipt notably “subject to checking the goods taken into account the bad state of the parcel” and describing the damages.
NINA DES CRIQUETS and the carrier partner shall bear the shipment’s risk and shall reimburse the Client provided that the package is returned to the carrier together with a motivated letter of complaint, a copy of which letter of complaint shall be provided to NINA DES CRIQUETS by e-mail (info@NinadesCriquets.fr).
3.USE OF THE WEBSITE
3.1 Legal Notice
The website is published by NINA DES CRIQUETS.
The website is hosted by SAS OVH , 2 rue Kellermann BP 80157 59100 Roubaix
Tél : 0 899 498 765 Site internet :www.ovh.com
The website is composed of the infrastructure, including the computer code, and its content, notably texts, sounds, fixed or lived images, video and data base.
NINA DES CRIQUETS cannot be held responsible for direct or indirect damages, losses or costs, resulting from the use of the Website, or of the impossibility to use it, or of a bad functioning, of an interruption for a handling cause or for any other cause whatsoever, of a virus, or also of a connection, line or system problem.
3.4 Website’s Content
NINA DES CRIQUETS makes its best efforts to ascertain that the accessible information through its website is accurate. However, NINA DES CRIQUETS does not guarantee in any way that these pieces of information are accurate, complete and updated.
In any case, NINA DES CRIQUETS may not be held responsible for any direct or indirect damage, of any nature or kind whatsoever, arising in connection with the Website’s use.
Information on the Website and pictures or representations are provided for information only and neither their content nor their correctness may be guaranteed. NINA DES CRIQUETS is not contractually bound by said information. NINA DES CRIQUETS refuses any responsibility whatsoever for the decisions which may be taken based on said information.
The content of the Website may be modified without prior notice.
NINA DES CRIQUETS refuses any responsibility whatsoever in relation with the content of the other websites towards which links exist. The access to websites linked to the Website is at the User’s own risk.
NINA DES CRIQUETS also refuses any responsibility whatsoever in relation with any information and content of websites having links referring to the Website.
3.6 Intellectual Property
The Website and each and any of its components belong exclusively to NINA DES CRIQUETS and its partners. NINA DES CRIQUETS alone is authorized to use all intellectual property rights relating to it, particularly brands, drawings and models, logos, graphics, pictures, animations, videos, texts, copyrights and image rights, by original title or by the effect of an express authorization.
Any broadcasting, reproduction, representation, or adaptation, in all or part, of the website or its components is forbidden as well also as their distortion.
The utilisation rights granted by NINA DES CRIQUETS to the User of the Website are limited to his private and personal use. Any other use by the User is forbidden without the express and written authorization of NINA DES CRIQUETS.
The User commits himself to refrain from modifying, copying, reproducing, downloading, diffusing, transferring, exploiting and/or distributing in any manner whatsoever any component of the Website, including but not limited to the computer codes.
All brands referred to or used on the Website are the exclusive property of their respective owners.
3.7 Privacy Protection
The Website complies with the most demanding European and French regulations relating to the protection of privacy and personal data, and notably with law n° 78-17 dated 6 January 1978 related to computing, data files and freedoms, amended by law n° 2004-801 dated 6 August 2004 integrating in French law the Directive 95/46/EC dated 24 October 1995 relating to the personal data protection and privacy in the European Union, and with law n° 2004-575 dated 21 June 2004 entitled “trust in digital technology economy” transposing in French law the directive 2000/31/EC dated 8 June 2000 relating to electronic trade and the directive 2002/58/CE dated 12 July 2002 relating to the protection of private data and privacy in electronic communications.
3.8 Personal Data
In certain circumstances, the User provides personal information relating to him.
Said data are automatically processed and are intended to NINA DES CRIQUETS and its partners.
Several pieces of information are required in order to access to the service or proceed to the operation wanted. In accordance with the law dated 6 January 1978 modified abovementioned, the User may exercise nearby NINA DES CRIQUETS the right of accessing, amending or cancelling relating to his personal data, by sending an e-mail to info@NinadesCriquets.fr or by sending a letter to the following address: NINA DES CRIQUETS, BP 40, 13670 St Andiol – France.
Said information is used in order to provide the service requested, display a personalized content, make a commercial offer on the products and services of NINA DES CRIQUETS and its partners.
Personal data collected will in no circumstances whatsoever be rent, sell or lend to a third party without preliminary information of the User. Any transfer or provision of data may take place only in case the User has previously authorized it or in case the User has not opposed it.
NINA DES CRIQUETS attends to securing the data which are stocked in a secured hosting centre.
3.9 Non Personal Information
Are also collected non personal information (for instance country, time of connection, browsing on the Website) in order to know how the User has accessed the Website and how the User uses it, as well as technical information (for instance type of Internet browser used, type of operating system used, supplier of Internet access, pages visited, IP address of the computer used).
Said non personal information is not intended to identify the User. It is automatically collected, when the User logs on to the Website and uses it, throughout:
– a) his IP address (Internet Protocol),
– b) possibly cookies, files transferred on the User’s computer hard disk. They allow to optimize the browse on the Website and facilitate the collect of the non personal information abovementioned.
Cookies are also used when the User accesses to private, secured or restrained areas of the Website. If the User wishes that these cookies are not transferred on his hard disk, or if he wishes to be warned before said transfer, he may neutralize the cookies by configuring his software browser. The User has to follow the indications given by his browser in this respect.
These data are essentially intended to provide statistics relating to the browse on the Website and its use.
4.RULES GOVERNING THE GT
4.1 Law and Juridiction
The GT shall be governed by and interpreted in accordance with French law.
In case of any litigation arising in relation with the GT, the Parties hereby grant an exclusive jurisdiction to rule the case to French Courts, and specifically Paris Courts, anytime the provisions into force allow it.
In case needed, it is expressly stated that the clause conferring jurisdiction above does not apply to a French consumer.
4.2 Entirety of the Agreement
The Parties expressly state that the GT express the entirety of their agreement as regards their subject matter, and invalidate and replace any previous agreements entered into between them in relation with this subject matter.
4.3 Severability, Adaptation and Amendment
In case any provision whatsoever of the GT is deemed void, this provision shall not apply but the other provisions of the GT shall remain into force.
4.4 Notice’s computation
Notices are calculated in accordance with articles 640 and 642 of the French Code of Civil Procedure.