TERMS OF SALES
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the website www.nizukprod.com (hereinafter the "SITE") with Low Def Prod, Micro-enterprise registered in the trade and companies register 82818688200019 under number 82818688200019, with its registered office at 20 square Jules César, France Tel: 0624843386, email: firstname.lastname@example.org (ci - after the "SELLER").
Any order placed on the Site necessarily implies the unconditional acceptance of the CUSTOMER of these general conditions
ARTICLE 1. DEFINITIONS
- "CUSTOMER" : refers to the SELLER's co-contractor, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER acts outside of any usual or commercial activity.
- " DELIVERY " : means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated when ordering.
- "PRODUCTS" : refers to all the products available on the SITE.
- "TERRITORY" : refers to Metropolitan FRANCE (excluding DOM / TOM).
ARTICLE 2. PURPOSE
The CUSTOMER is clearly informed and recognizes that the SITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions
ARTICLE 3. ACCEPTANCE OF GENERAL CONDITIONS
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download and print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
The CUSTOMER will be asked to provide information enabling him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields which must be completed for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. The follow-up of DELIVERIES can, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by e-mail, at the address email@example.com, in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
ARTICLE 5. ORDERS
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law.
The CUSTOMER agrees to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).
The CUSTOMER must select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The latter can then add as many PRODUCTS to his basket as he wishes.
Once the PRODUCTS have been selected and placed in his basket, the CUSTOMER must click on the basket and check that the content of his order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and has identified / registered, an online form automatically completed and summarizing the price, applicable taxes and, where applicable, the costs of delivery.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CUSTOMER must also select the chosen delivery method.
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct. .
The SELLER does not send any order confirmation by post or fax.
During the ordering procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.
The CLIENT must also specify the means of payment chosen.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original of the invoice on DELIVERY of the PRODUCTS, inside the package.
The date of the order is the date on which the SELLER acknowledges online receipt of the order. The deadlines indicated on the SITE do not begin to run until this date.
For all PRODUCTS, the CUSTOMER will find on the SITE the prices displayed in euros all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or chosen mode of transport).
The prices include in particular the value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They can also be modified in the event of special offers or sales.
The prices indicated are valid, except for gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS within thirty (30) days of payment at the latest.
ARTICLE 6. RIGHT OF WITHDRAWAL
ARTICLE 7. PAYMENT
The CUSTOMER can pay for his PRODUCTS online on the SITE according to the means offered by the SELLER.
The CUSTOMER guarantees the SELLER that he holds all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is therefore specified that all information relating to payment provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS order is placed on the SITE.
In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Conditions.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER would prove impossible, the order would be canceled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The above provisions do not preclude the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risk of loss or damage of the PRODUCTS subject to the reservation. property, as well as the risk of damage they may cause.
ARTICLE 10. DELIVERY
ARTICLE 11. PACKAGING
ARTICLE 12. GUARANTEES
Apart from the commercial guarantees that the SELLER could offer for certain PRODUCTS, all Customers benefit from “legal” guarantees, for all PRODUCTS, which are detailed below, in accordance with article L.111-1 of the Code of the consumption
Article L.217-5 of the Consumer Code : "The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the seller and possesses the qualities that this one presented to the buyer as a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.
The SELLER is liable to respond to any lack of conformity existing during the delivery and any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him or has been carried out under its responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT (Article L.217-12 of the Consumer Code)
In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his option. However, if the cost of the CLIENT's choice is manifestly disproportionate with regard to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the chosen option. by the customer.
In the event that a replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 20 square Julius Caesar.
Finally, the CUSTOMER is exempt from providing proof of the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following the delivery of the PRODUCT except for second-hand goods for which this period is set at six ( 6 months. (Article L. 217-7 of the Consumer Code).
It is specified that this legal guarantee of conformity applies regardless of the commercial guarantee granted, if any, on the PRODUCTS.
The SELLER is bound by the guarantee for hidden defects in the PRODUCT sold which make it unfit for the use for which it is intended, or which reduce this use so much that the CUSTOMER would not have acquired it, or would not have given it. than a lower price, if he had known them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and the reimbursement of part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 20 square Julius Caesar. The action resulting from latent defects must be brought by the CUSTOMER within two (2) years of discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
ARTICLE 13. RESPONSIBILITY
The SELLER cannot be held responsible, or considered to have failed in the present conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by case law. French courts and tribunals.
It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for informational purposes only and no warranty is given as to their content.
ARTICLE 14. FORCE MAJEURE
The SELLER's liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these GTC arises from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the execution of its obligation. by the debtor.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
As such, the SELLER cannot be held liable, in particular in the event of an attack by hackers, unavailability of equipment, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as '' in the event of the occurrence of any circumstance or event outside the will of the SELLER occurring after the conclusion of the GTC and preventing execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER cannot claim the payment of any compensation and cannot bring any recourse against the SELLER.
In the event of any of the above events occurring, the SELLER will endeavor to inform the CUSTOMER as soon as possible.
ARTICLE 15. PERSONAL DATA
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders and, if the CLIENT has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and / or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidentially by the SELLER for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of his CUSTOMERS to his business partners, provided that they have expressly given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time by contacting the SELLER. The SELLER can also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals at with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation known as RGPD), the SELLER ensures the implementation of the rights of persons concerned.
It is recalled that the CUSTOMER whose personal data are processed enjoys the rights of access, rectification, updating, portability and erasure of information concerning him, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (RGPD).
In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without fresh.
The CUSTOMER can exercise these rights by sending an e-mail to the address: firstname.lastname@example.org or by sending a letter to 20 square Jules César.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
ARTICLE 16. COMPLAINTS
ARTICLE 17. INTELLECTUAL PROPERTY
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
This authorization from the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial, of the SITE and its content, by any means whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 and following. and Articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these GTC constitutes recognition by the CLIENT of the intellectual property rights of the SELLER and a commitment to respect them.
ARTICLE 18. VALIDITY OF GENERAL CONDITIONS
Any conditions not expressly addressed herein will be governed in accordance with the practice of the retail sector, for companies headquartered in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the General Conditions will not apply to PRODUCTS already purchased.
Article 20. JURISDICTION AND APPLICABLE LAW
IN THE EVENT OF A LITIGATION, ONLY THE FRENCH COURTS WILL BE COMPETENT.
However, prior to any recourse to the arbitral or state judge, the Customer is invited to contact the SELLER's complaints department.
If no agreement is found or if the CUSTOMER justifies having tried, beforehand, to resolve his dispute directly with the SELLER by a written complaint, an optional mediation procedure will then be offered, conducted in a spirit of loyalty and good faith in order to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to its validity.
To initiate this mediation, the CLIENT can contact the SELLER's mediator: Anthony Langevin, whose contact details are: email@example.com and which can be entered via this link: firstname.lastname@example.org .
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict
Since mediation is not compulsory, the CLIENT or the SELLER may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE LITIGATION WHICH MAY GIVEN A MEDIATION WILL BE ASSIGNED TO THE COMPETENT COURT DESIGNATED ABOVE.
The CUSTOMER has in principle the right to withdraw by returning or returning the PRODUCT to the SELLER.
For this, the PRODUCT must be returned or returned without undue delay, and at the latest within fourteen (14) days following the communication of its decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.
In accordance with article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
If the CLIENT's order relates to several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
To exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CUSTOMER must notify his decision to withdraw by means of an unambiguous declaration (for example, letter sent by the post, fax or email) to: 20 square Jules César or email@example.com.
He can also use the form below:
SELLER's phone number: 0624843386
SELLER's fax number:
SELLER's email address *:
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
Order form number:
- Ordered on [________________] / received on [________________]
- Method of payment used:
- Name of the CUSTOMER and, if applicable, the beneficiary of the order:
- CLIENT's address:
- Delivery address :
- Signature of the CLIENT (except in the case of transmission by email)
In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal from the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs resulting, if applicable, from the CUSTOMER's choice of a delivery method other than the standard delivery method offered by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER receives the returned PRODUCT.(Article L.221-24 of the Consumer Code).
The SELLER will refund using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees on a different means, in any event, this refund will not incur costs. to the customer.
The SELLER is not required to reimburse the additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by the SELLER.
The SELLER may defer the refund until receipt of the good or until the CUSTOMER has provided proof of shipment of the good, the date retained being that of the first of these facts.
The CUSTOMER shall, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to: 20 square Jules César.
This period is deemed to have been met if the CUSTOMER returns the goods before the expiration of the fourteen (14) day period.
The CUSTOMER must bear the direct costs of returning the goods.
In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CUSTOMER must bear the direct costs of returning the goods.
Condition of the returned item
The PRODUCT must be returned following the SELLER's instructions and include in particular all the accessories delivered.
The CUSTOMER's responsibility is only engaged with regard to the depreciation of the good resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but he may be held liable if he carries out manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to the CUSTOMER's specifications or clearly personalized
- Supply of goods likely to deteriorate or expire quickly
- Supply of audio or video recordings or sealed software that have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of execution
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
- the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and the actual value of which depends on fluctuations in the market beyond the control of the SELLER
- Supply of digital content not supplied dematerialized if the execution has started with the express prior consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
- contracts concluded during a public auction
The PRODUCTS offered can only be delivered in the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address (es) that the CUSTOMER will have indicated during the ordering process.
The deadlines for preparing an order and then establishing the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines are understood to be excluding weekends or public holidays.
An e-mail message will automatically be sent to the CUSTOMER when the PRODUCTS are shipped, provided that the e-mail address appearing in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER indicates to the CUSTOMER the possible shipping times and formulas for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method.
The amount of these costs will be payable by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
In the absence of indication or agreement as to the delivery date, the SELLER delivers the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
Terms of DELIVERY
The package will be delivered to the CUSTOMER against signature and on presentation of an identity document.
In case of absence, a calling card will be left with the CUSTOMER, in order to allow him to pick up his parcel in his post office.
The CUSTOMER is informed of the delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable period of time and in the event of non-delivery within this period, he may terminate the contract.
The SELLER will reimburse, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, by means of the same method of payment as that used by the CUSTOMER to purchase products.
The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss observed during delivery.