ARTICLE 1 – PURPOSE AND SCOPE
These general conditions of sale (the "GTC") apply to all orders placed on the website www.nathalieblancparis.com/ (hereinafter the "Site") by non-professional buyers, individuals with quality of consumer within the meaning of the preliminary article of the Consumer Code, relating to the purchase of products presented on the Site (hereinafter the "Product (s)") from the company MAISON NATHALIE BLANC, registered at Bobigny Trade and Companies Register under number 539 924 464 and having its registered office at 13, Avenue de Stalingrad at 93170 Bagnolet (hereinafter "MAISON NATHALIE BLANC")
These Terms and Conditions exclusively govern the contractual relations applicable between MAISON NATHALIE BLANC and any Internet user having the status of consumer accessing the Site.
The T & Cs are exclusively applicable to Products delivered to consumers.
Any order implies prior consultation and acceptance of the GTC by means of a check box provided for this purpose and including a hypertext link referring to said GTC. The GTC are made available to Customers on the Site where they can be directly consulted at any time.
MAISON NATHALIE BLANC reserves the right to modify its GTC at any time. The general terms and conditions applicable to the relationships established between MAISON NATHALIE BLANC and the Customer are those in force on the date of validation of the order. They apply to the exclusion of all other conditions.
Consequently, MAISON NATHALIE BLANC invites the Customer to read the GTC carefully during each of its visits to the Site and before each order. To be able to validly place an order on the Site, the Customer expressly declares to have full legal capacity to conclude this contract, that is to say to have the legal majority (18 years in France) and not to be under guardianship or curatorship and to have the financial means and payment instruments allowing him to place an order.
The Customer agrees not to purchase Products on the Site with a view to reselling them.
ARTICLE 2 – ORDERS ON THE SITE
Orders are placed exclusively on the website of MAISON NATHALIE BLANC, responding to the address: www.nathalieblancparis.com/.
The site is normally accessible to Customers 24 hours a day, 7 days a week except for reasons related to its updates, maintenance or any other technical cause.
2.1. Creation of a personal account
The sales process requires the Customer to complete the online registration form prior to their purchase. In this regard, the Customer guarantees to MAISON NATHALIE BLANC the veracity of the information that he will have provided in said form. MAISON NATHALIE BLANC cannot be held responsible for incorrect or incomplete information sent by the Customer, resulting in the inability to execute the order placed.
The Client's username and password are strictly personal and confidential.
The conservation and use of the username and password is carried out under the full responsibility of the Client. Any order of Products using these username and password will be presumed to have been made by the Customer
Consequently, MAISON NATHALIE BLANC can in no way be held responsible for the prejudicial consequences for the Customer resulting from the illicit, fraudulent or abusive uses of its username and password and the order of Products by a third party not expressly authorized by the Customer. The Customer therefore undertakes to inform MAISON NATHALIE BLANC without delay of any unauthorized order of the Products by a third party by means of its username and password, as well as of any loss or forgetfulness thereof.
2.2. Steps to conclude the Customer's order.
The placing of the order takes place as follows:
- The Customer selects the Product (s) and the quantities he wishes to order on the Site by adding them to his virtual basket;
- When he has finished shopping, the Customer views his basket with the Products he has selected. He can, if he wishes, modify his basket before validating it;
- Once the basket has been validated, the Customer selects the delivery method he wishes (with precision of the costs and delivery times) and informs the applicable delivery and billing addresses;
- Before the validation of his order, the Customer has access to a summary of his order allowing to check the details of the order, to identify any errors made in the data entry and to correct them;
- The Customer is then invited to select his means of payment. He is then invited to confirm his order by checking the box dedicated to the acceptance of the GTC and clicking on the "order and pay" button to confirm it definitively, via the secure online payment system or via Paypal offered directly on the Site.
After payment of the order, MAISON NATHALIE BLANC acknowledges receipt of the order by electronic means by sending a confirmation email to the Customer on the address entered by the latter.
Unless proven otherwise, the data recorded by MAISON NATHALIE BLANC (communications, order form, invoices) constitute proof of all transactions between MAISON NATHALIE BLANC and its Customers. These documents can therefore be produced as proof of the contract.
ARTICLE 3 – PRODUCTS
The Products offered for sale presented on the Site are each the subject of a description mentioning their essential characteristics.
The representations and photographs illustrating the Products do not however constitute a contractual document. They are as accurate and as possible as possible, but for technical reasons (photographic and computer, in particular by the lighting when taking pictures and by the screens or internet browsers used to view them), the actual rendering of the Products (including color, dimensions, textures and other characteristics) may sometimes differ slightly from that of the photos presented on the Site. The photographs and representations cannot be considered in real size because the resolution of representation of the screens is variable according to the material of the Customer.
The Customer is therefore invited to refer to the description of each Product to know the precise essential characteristics. In case of doubt, or to obtain additional information or photos, it is possible to contact Customer Service by email at the address: email@example.com
The Products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers when they are placed on the market.
3.3. Availability of stocks
The offers of Products and prices are valid as long as they are visible on the Site, within the limits of available stocks, excluding promotional operations indicated as such on the Site. Sales are concluded subject to the actual availability of the Products.
MAISON NATHALIE BLANC makes its best efforts to keep up to date information on the availability of Products on the Site. In the event that an ordered Product turns out to be unavailable for reasons beyond the control of MAISON NATHALIE BLANC, the Customer will be immediately informed by email or by telephone. The order will be automatically canceled and reimbursed within a maximum of fourteen (14) days following the cancellation of the order.
MAISON NATHALIE BLANC also reserves the right to refuse or cancel an order in the event of legitimate reasons such as a request from a professional Customer, request (s) in abnormal quantity, or any order from a Customer who does not would not have paid for a previous order or with which MAISON NATHALIE BLANC would have had a dispute over a previous order (s).
ARTICLE 4 - PRICES AND PAYMENT TERMS
The prices of the Products are indicated on the Site in euros Value Added Tax at the applicable rate applicable in France included, excluding delivery costs which are the subject of a separate section at the time of the order, depending on the characteristics of the command. These delivery costs are to be paid in addition to the price of the Products, and are brought to the attention of the Customer before the order validation stage, when the Customer is invited to choose their delivery method.
MAISON NATHALIE BLANC reserves the right to modify its prices at any time, but the Products will be invoiced to the Customer on the basis of the prices in force at the time of validation of the order by the Customer.
It is recalled that The Products remain the property of MAISON NATHALIE BLANC until full payment of the price.
4.2 Methods of payment of the price
Payment is due immediately upon order. Any order will only be deemed validated after validation of full payment for the Products ordered, via the secure online payment system or via Paypal offered on the Site. Payment for orders is made by bank cards (Visa, MasterCard, Carte bleue, Maestro, American Express) or by Paypal. The debit of the card is made at the time of validation of the order. The invoice is attached to the package during shipping.
In the event of anomalies noted during the verification of your information or the details of your bank cards, the purchase procedure may be delayed, suspended or interrupted.
ARTICLE 5 – DELIVERY
5.1. Delivery address
The Products are delivered to the delivery address indicated by the Customer at the time and as part of their order. No deliveries will be made to hotels, or to PO boxes.
MAISON NATHALIE BLANC declines all responsibility for delays or absences from delivery if the Customer has indicated an incomplete or incorrect address, is absent during delivery or has not picked up his package at the Post Office or at the address provided by the carrier within the time provided for this purpose. The return shipping costs will in these cases be borne by the Customer.
5.2. Delivery methods and costs
The delivery methods available is Colissimo. Delivery costs are offered in France For other countries, delivery costs are € 15 payable by the Customer in addition to the price of the products ordered.
For the other countries, it will be indicated before the placing of each order the amount of the delivery costs chargeable to the Customer.
5.3. Delivery time of Products
Delivery will take place within the time limits indicated to the Customer when placing and confirming the order and at the latest within thirty (30) days after the order, unless otherwise stipulated, of which the Customer will be informed before placing the order.
5.4. Receipt of Products
Each delivery is deemed to have been made as soon as the product transporter makes it available to the Customer or to a third party designated by him. No dispute relating to the delivery itself will be possible if the package appears to have been delivered, the computer system of the carrier being authentic.
The Customer is strongly advised to notify the carrier at the time of delivery of any reservation on the packaging and, if applicable, the condition of the Products (e.g. open and / or damaged package). In the event that the package is damaged on delivery, the Customer must check in the presence of the carrier the condition of the Products before signing the delivery slip and indicate precisely on the delivery slip of the carrier any reservation in case of missing Product or damaged.
If this is not possible, the Customer is invited to formulate reservations as to the condition of the goods by indicating on the delivery slip "subject to verification of the goods taking into account the poor condition of the package" and by describing the damage.
Any reasoned protest for damage or partial loss must also be notified to the carrier within three days, not including holidays, following that of receipt of the products by registered letter. A copy of this letter must also be immediately sent to MAISON NATHALIE BLANC at the following address: firstname.lastname@example.org
5.5. Late delivery
In the event of known delay in delivery or delivery, an email informing the Customer will be sent as soon as possible and a new date for shipment or delivery will be proposed.
The Customer is strongly advised to report any delay in delivery to MAISON NATHALIE BLANC customer service as soon as possible at the email address: email@example.com. MAISON NATHALIE BLANC will then carry out an investigation with the transporter concerned in order to locate the package.
In any event, the Customer will be able to terminate the contract if the delivery of his order had not occurred on the delivery date which was initially indicated to him and subject to a delay not resulting from the fault of the Customer (incorrect delivery information entered by the Customer at the time of the order)
The exercise of this right of resolution is done in accordance with the provisions of article L.216-2 of the Consumer Code:
- The Customer must by email sent to the address firstname.lastname@example.org, let them know that they have not received the order within the time limit set by MAISON NATHALIE BLANC during their purchase. In this case, MAISON NATHALIE BLANC may then offer delivery of its order within a reasonable additional time;
- If the products have not been received at the end of this new additional period, the Customer may then, in a second time, terminate the contract according to the same terms, namely by sending another email to inform MAISON NATHALIE BLANC that it intends to renounce definitely at his command.
The contract will then be considered as canceled upon receipt by MAISON NATHALIE BLANC of this second email, unless MAISON NATHALIE BLANC has performed in the meantime.
In such an event, MAISON NATHALIE BLANC will reimburse the amounts paid by the Customer for the order, at the latest within fourteen (14) days following the date on which the contract was terminated.
ARTICLE 6 – RIGHT OF WITHDRAWAL
Pursuant to the provisions of articles L 121-21 et seq. Of the Consumer Code, the non-professional Customer has a right of withdrawal of fourteen days (14) being specified that this period begins to run from the day of receipt products, i.e. where the buyer physically takes possession of the product. This right of withdrawal is exercised without having to justify reasons or pay penalties. When the withdrawal period expires on a Saturday, Sunday or a public or non-working day, it is extended until the first following working day. In the event of partial delivery, following the unavailability of one of the products ordered, the withdrawal period does not start until the delivery of the last product ordered.
This right of withdrawal must be the subject of a request made by e-mail to the address email@example.com.
The attached template can be used.
The Customer must then return the product (s) by letter or Colissimo no later than thirty days after receipt of the product to the following address: MAISON NATHALIE BLANC - Customer Service: 13, Avenue de Stalingrad at 93170 Bagnolet
In the case of a return following this right of withdrawal, the returned product must be in its original packaging, in perfect condition for resale (not damaged, not damaged) accompanied by all the possible accessories: notices, rags, calibration… and accompanied by the letter of withdrawal.
A product having undergone depreciation following excessive handling (in particular damaged, damaged returned incomplete, worn, without labeling ...) cannot be taken back.
Reimbursement cannot be made in the event of an incomplete return of the goods and their original packaging.
The return costs are borne by the Customer by post with tracking number.
Reimbursement will be made by MAISON NATHALIE BLANC within 7 days of the date of receipt of the returned product, by the same means of payment as the Customer used to pay for his order (bank card, Paypal account)
ARTICLE 7 – LEGAL GUARANTEES
7.1 Product warranty
The products of MAISON NATHALIE comply with the regulations and standards in force in France and / or in the European Union on the date of their delivery.
MAISON NATHALIE BLANC remains liable for product conformity defects, unacceptable defects and damage, under the conditions and within the deadlines set by law.
Article L. 211-4, Consumption Code :
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L. 211-5, Consumer Code :
To comply with the contract, the product must:
1 ° Be suitable for the use normally expected of a similar item and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
Article L. 211-12, Consumer Code :
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L. 211-16, Consumer Code :
When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the warranty which remained to run. This period runs from the buyer's intervention request or the provision for repair of the goods in question, if this provision is subsequent to the intervention request.
Article 1641, Code Civil :
The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lower price if he had known them.
Article 1648, Code Civil :
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, in the year following the date on which the seller can be relieved of apparent defects or non-conformities.
ARTICLE 8 – COMMERCIAL GUARANTEE
In addition to the legal guarantees mentioned below, MAISON NATHALIE BLANC offers the Customer a commercial guarantee for any purchase made on the Site, in the terms described below (hereinafter the "Commercial Guarantee").
As recalled in article 7 above, MAISON NATHALIE BLANC glasses are guaranteed against any manufacturing defect for a period of twenty-four (24) months from the date of purchase.
The Customer must carefully keep his proof of purchase which is worth a warranty voucher and which will be required of him to validly exercise his rights arising from our Commercial Guarantee.
If the Customer's pair of glasses are returned during the Guarantee Period, any defective component due to a manufacturing defect duly noted by MAISON NATHALIE BLANC's technical services will be repaired or replaced free of charge.
At the end of the Guarantee Period, all maintenance or repair services will be charged to the Customer, subject to the legal guarantees from which the Customer may benefit.
Are expressly excluded from the Guarantee MAISON NATHALIE BLANC :
- Defects or damage resulting from misuse, neglect, or an accident ;
- Defects or damage caused by improper use (shocks, scratches on surface treatments, mistreatment, neglect, impact, improper storage or use, scratches on the glasses, etc.), by alterations, deteriorations, modifications or repairs not authorized, or by the normal wear and tear of your pair of glasses.
When the Customer requests, for the duration of the Commercial Guarantee, a repair covered by said guarantee, any period of immobilization of his pair of glasses of at least seven days will be added to the duration of the guarantee which remained to run. This period runs from the Customer's request for intervention or the provision for repair of his pair of glasses.
If the damage is not due to a defect in material or manufacturing defect, additional repair costs may apply. In this case the Customer will receive by email or letter, a notification of these additional costs. The Customer may choose to accept the repair of the goods by bearing the costs concerned or to have the product returned by MAISON NATHALIE BLANC in the state it was in when the Customer sent it to MAISON NATHALIE BLANC.
To benefit from the Commercial Guarantee, the Customer is invited to contact a customer service representative at the following email address: firstname.lastname@example.org
ARTICLE 9 - INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site and all the graphic, textual, visual and photographic elements appearing therein, namely in particular all the illustrations, images, photographs, characters, texts, decorations, modes of presentation, graphics, characters or any other element of the Site (below the “Elements”) are and remain the exclusive property of MAISON NATHALIE BLANC or of the holders of said rights having granted a right of exploitation to MAISON NATHALIE BLANC and are protected in particular by intellectual property rights.
The Site and all the Elements appearing therein may in no case be wholly or partly modified, reproduced, represented, distributed, displayed, marketed, integrated into a derivative or other work, and this on any medium whatsoever. In general, the Site and all the Elements appearing therein can only be used for browsing the Site and, if necessary, to make purchases there.
Any reproduction, representation or use of Site Elements by a Customer is prohibited.
ARTICLE 10 - DATA PROCESSING AND FREEDOMS, PERSONAL DATA
As part of the creation of a personal account, the placing of an order as well as more generally when browsing the Website, MAISON NATHALIE BLANC collects and uses personal data, which the Customer transmits to it directly or indirectly .
ARTICLE 11 - APPLICABLE LAW, DISPUTES
The contract formed by the acceptance of these GTC is subject to French law.
The language of this contract is available in French. In the event of a complaint or dispute, the Customer agrees to contact the MAISON NATHALIE BLANC customer service in priority at the following email address: email@example.com or by registered mail with acknowledgment of receipt to the following address: Customer Service MAISON NATHALIE BLANC: 13, Avenue de Stalingrad at 93170 Bagnolet
The Parties undertake to seek an amicable settlement to the dispute concerned before any legal action or recourse to a mediation procedure.
In the context of a dispute between the parties and following the failure of a written complaint from the Customer to customer service or in the absence of a response from this service within a reasonable period of one (1) month , the Client-consumer can use any alternative method of dispute resolution and in particular a mediation procedure by contacting the mediator (s) whose list by sector is accessible via the following link
http://www.economie.gouv.fr/mediation-conso/saisir-mediateur and / or by accessing the European online dispute resolution platform at the following address
http://ec.europa.eu/odr, which will attempt / will attempt, with complete independence and impartiality, to reach an amicable resolution of the dispute.
In order to meet the obligations dictated by articles L.611 to L.616 and R.612 to R.616 of the consumer code, the company has appointed conso.medicys.fr as the consumer mediator , 73, Boulevard de Clichy at 75009 Paris.
The Client remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the absence of an amicable agreement, the Commercial Court of BOBIGNY will have sole jurisdiction.
APPENDIX 1 WITHDRAWAL FORM
For the attention of MAISON NATHALIE BLANC 13, Avenue de Stalingrad at 93170 Bagnolet, France firstname.lastname@example.org:
I / we (*) notify you / notify (*) hereby my / our (*) withdrawal from the contract relating to the sale of the property (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of consumer (s):
Address of consumer (s):
Signature of consumer (s) (only if this form is notified on paper):
(*) Delete the unnecessary mention.