Article 1 : Definitions and Scope of Application
"GTC" means the present general terms and conditions of sale ;
"Nach" means the company NACH, a French company limited liability company with a share capital of €15,000, whose registered office is located at 125 chemin de Tournefeuille, 31300 Toulouse, France, registered in the Toulouse Trade and Companies Register under number 534 503 958, represented by its legal representative.
"Purchaser (customer) " means any non-professional customer using the Website;
"Products" means means the products listed in article 2 of these GTC.
"Website": means the website edicted by NACH, available at https://www.nachbijoux.com.
These GTC apply, without restriction or reservation, to all sales concluded by NACH with Customers, wishing to acquire the Products offered for sale by the Supplier on the website www.nachbijoux.com. In particular, they specify the conditions of order, payment, delivery and management of any returns of the Products ordered by the Customers.
These GTC may be supplemented by special conditions, set out on the Website, before any transaction with the Customer.
These GTC apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels.
They are accessible at any time on the WebWebsite and shall prevail, if necessary, over any other version or any other contradictory document.
As these GTC may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the Website on the date the order is placed.
Article 2: Products offered for sale
The Products offered for sale on the Website are all jewellery, ready-to-wear and accessories products manufactured or sold by the Supplier and marketed in particular through its Website. The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Website. The Customer is required to read it before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the Website are not contractual and cannot engage the responsibility of NACH. The Customer is required to refer to the description of each Product in order to know its properties, essential particularities and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract. The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.
Article 3: Period of validity of the product offer
The offers of Products are understood within the limits of available stocks, as specified when placing the order.
Article 4: Orders
4.1 Placing the order
It is up to the Customer to select on the Website the Products he wishes to order, according to the following methods: Before any order, the Customer must connect to the Website, create an account or order via a "visitor" profile. During navigation on the Website, the Customer wishing to place an order can do so by simply clicking on the button intended to add the Product to the shopping cart. As soon as this operation is carried out, the Customer sees the number of Products in his basket displayed. NACH may apply an expiration period to the contents of the shopping cart. The Customer can continue his visit or click on his shopping cart to see the contents of his basket displayed on the screen, containing all the elements of the order and in particular the essential characteristics of the Products, their price, the total amount of the order, the billing and delivery details, the deadlines, costs and possible delivery restrictions as well as the legal rights and guarantees available to the Customer. The Customer may return to this order, complete it, modify it, cancel it as long as he has not definitively validated it. If the Customer wishes to choose other Product(s), he can continue his navigation on the Website, being assured that the Product(s) he has just selected is/are well kept in his shopping cart.
Once the selection of the Products has been completed, the Customer may order them by validating the order via the button provided for this purpose. The Customer undertakes to complete in good faith the form made available to him. He acknowledges that the data he communicates to NACH and which are stored in the information systems of NACH and / or its subcontractors are accurate and constitute proof of his identity. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to report or rectify any errors immediately. The registration of an order on the Website is carried out when the Customer accepts these GTC by ticking the box provided for this purpose and validates his order. This validation implies the acceptance of the entirety of these GTC and GCU of the Website. The sale is final only after the customer has sent the confirmation of acceptance of the order by NACH by e-mail, which must be sent without delay and after receipt by the latter of the full price. Any order placed, validated by the Customer and confirmed by NACH, under the conditions and according to the terms described above, on the Website constitutes the formation of a contract concluded at a distance between the Customer and NACH. Unless proven otherwise, the data recorded in NACH's computer system constitute proof of all transactions concluded with the Customer. NACH reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. The Customer will be able to follow the progress of his order on the Website.
4.2 Modification of the order
Once confirmed and accepted by NACH, under the conditions described above, the order cannot be modified.
Article 5: Prices
The Products are supplied at the prices in force appearing on the Website, when the order is registered by NACH. Prices are expressed in Euros, HT and TTC or dollars depending on the country concerned. The prices take into account any reductions that may be granted by NACH on the Website. These prices are firm and non-revisable during their period of validity, as indicated on the Website, NACH reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Website and calculated prior to placing the order. If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are entirely at his expense. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Article 6: Terms of payment
The price is payable in cash, in full on the day of the placing of the order by the Customer, by means of secure payment, according to the following methods:
- by credit cards: Credit Card, Visa, MasterCard, and other bank cards;
- with a PayPal account. By choosing payment via PayPal, the Customer will be automatically directed to his PayPal account. Once the payment PayPal validated, he will be able to complete his order on the Website.
- with a PayLib or Lydia account compatible with the browser and the device from which the order is made. Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
It is specified that by choosing a payment by credit card, the Customer will then be automatically switched to the electronic payment server of the payment provider. The payment provider's server is secured by S.S.L. (Secure Socket Layer) encryption in order to protect as effectively as possible all data related to the means of payment, and that at no time will the Customer's bank data pass through NACH's computer system. Its responsibility is therefore released.
Article 7: Deliveries
The Products ordered by the Customer will be delivered in metropolitan France and anywhere in the world within the shipping time indicated on the Product sheet to which is added the processing and delivery time to the address indicated by the Customer when ordering on the Website. Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go. NACH undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified on the summary of the order, sent by email. However, these deadlines are provided for information purposes only. If the Products ordered have not been delivered after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in Articles L. 216-2, L. 216-3 and L. 241-4 of the French Code de la consommation. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction. In the event of non-conformity of the delivered Product, NACH undertakes to remedy or reimburse the Customer, as indicated in Article 10 "Liability of NACH - Guarantee". NACH bears the risk of transport and is obliged to reimburse the Customer in the event of damage caused during transport. In the event of a special request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by NACH, the costs related thereto will be the subject of a specific additional invoicing, on estimate previously accepted in writing by the Buyer. The Customer is required to check the condition of the delivered products. He has a period of five (5) days from delivery to make a claim in writing, by email containing all the supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defect and no claim can be validly accepted by NACH. NACH will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L. 217-4 and following of the French Code de la consommation and those provided for in these GTC.
Article 8: Transfer of ownership - Transfer of risk
The transfer of ownership of NACH Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products. Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at NACH's own risk.
Article 9: Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days (14) from receipt of the Product to exercise his right of withdrawal from the Supplier, without having to justify reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days of notification to the Supplier of the decision of withdrawal of the Customer. Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their return to the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back. The right of withdrawal can be exercised online, using the withdrawal form available on the Website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by NACH, or any other statement, unambiguous, expressing the desire to withdraw. In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are refunded. The return costs are the responsibility of the Supplier, only on the territory France Metropolis.
The refund will be made within fifteen (15) days from receipt by NACH of the package relating to the Customer's decision to withdraw.
Article 10: Liability of NACH – Warranty
The Products sold on the Website comply with the regulations in force in France and have performances compatible with non-professional uses. The Products supplied by NACH benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions, - the legal guarantee of conformity, for Products apparently defective, damaged 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, under the conditions and according to the modalities referred to in the box below and defined in the appendix to these GTC (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that as part of the legal guarantee of conformity, the Customer - has a period of two years from the delivery of the goods to act against the seller; - may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the French Code de la consommation; - is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product. The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Product. The Customer may decide to implement the guarantee against hidden defects of the product in accordance with Article 1641 of the French Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the French Civil Code.
In order to assert his/her rights, the Customer must inform NACH of the non-conformity of the Products within a maximum of five (5) days of delivery of the Products or of the discovery of the hidden defects within the above-mentioned time limits via the website, under the "Contact Us" tab, before being invited, if necessary, to return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
NACH will refund, replace or repair products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents.
Refunds of Products deemed non-compliant or defective will be made as soon as possible and at the latest within thirty (30) days following the finding by NACH of the lack of conformity or hidden defect.
The refund will be made by credit to the Customer's bank account. NACH cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
NACH's warranty is, in any case, limited to the replacement or refund of non-conforming or defective Products.
Article 11: Protection of personal data
In application of Law 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular. This data may be communicated to any NACH partners responsible for the execution, processing, management and payment of orders. The processing of the information communicated through the Website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data. The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition of portability and limitation of processing with regard to the information concerning him. This right may be exercised under the conditions and according to the terms defined on the Website.
Article 12 : Intellectual property rights
The Supplier retains all industrial and intellectual property rights relating to the Products, photos and technical documentation which may not be communicated or executed without its written authorisation.
Article 13: Unforeseeability
In the event of a change in unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume an excessively onerous risk of performance may request a renegotiation of the contract from its counterparty.
Article 14: Force majeure
The Parties may not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
Article 15: Applicable law - Language
These GTC and the operations resulting from them are governed by French law. They are written in French. In the event, that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
Article 16: Disputes
All disputes to which the purchase and sale transactions concluded pursuant to these GTC could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between NACH and the Customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (art. L.612-1 of the French Code de la consommation) or any alternative dispute resolution method in the event of a dispute.
Article 17 - Pre-contractual information - Acceptance of the Customer
The fact that a natural (or legal) person orders on the website www.nachbijoux.com implies full acceptance and acceptance of GTC and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who renounces, in particular, to rely on any contradictory document, which would be unenforceable against NACH.
Article 18 – NACH’s contact details
The contact details of NACH are as follows: NACH, a limited liability company with a capital of 15,000 euros whose registered office is located in Toulouse (31300) – 125 Chemin de Tournefeuille, and registered with the Toulouse Trade and Companies Register under number 534 503 958, represented by its legal representative.
Email: [email protected]
Phone : 05 31 61 94 19
In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which entered into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, opposition, erasure and portability of all his personal data by writing, by mail and justifying his identity, at the address of NACH, mentioned above.
The validation of the order by the Customer implies acceptance without restriction or reservation of these GTC.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on the Website.