GENERAL TERMS AND CONDITIONS OF SALE
Article 1 / Application of the General Terms and Conditions of Sale
The present General Terms and Conditions of Sale apply to sales concluded between any adult aged over 18 residing in mainland European Union (euro area) making a purchase via the online sales site at www.nivose.fr
As a result, they shall apply by rights to all orders placed on the website www.nivose.fr
The website www.nivose.fr is edited and exploited by the society Nivose France , registered on the Frejus RCS (companies register) under number 849 908 447 00014 with its head office at 6 Place Jean Mermoz, 83120 Sainte Maxime - France, whose individual VAT identification number is FR 37 849908447.
Article 2 / Products
The product ranges offered from the website www.nivose.fr are governed by the present terms and conditions of sale. They are valid as long as they remain online while stocks last.
Nivose undertakes to provide indicative information, text and photographs associated with the products, the most consistent possible. However, there may sometimes be minor differences with the final product. If the product received is not the product ordered by the customer (model, size, color or reference), he has a period of 30 days after reception to make the return request from customer service: by e-mail to email@example.com
All orders placed on the website www.nivose.fr imply implicit acceptance of the present General Terms and Conditions of Sale and imply acceptance of the prices and products available for sale.
In order to place an order the customer must follow the procedure below:
1- Choice of product: You must choose the product you want to order.
2- Confirmation of the contents of your selection: You check the contents of your basket and have the possibility of removing any of the products you have selected.
3- Identification: You must fill in the identification form provided, entering the information requested (compulsory information: title, surname, first name, address, email, password, telephone number for delivery).
4- Confirmation of your order: you check the content of your order, the total price and the delivery and invoice addresses, while retaining the possibility of removing a product or modifying the invoice or delivery address + you choose your payment method + you must confirm your acceptance of the present general terms and conditions of sale by ticking the corresponding box. It is not possible to confirm the order until you have ticked this box.
5- Transfer to the payment platform for secure payment (SSL) or on PayPal website: you should enter the bank details required for payment. Your account will be debited within five days of your order.
Confirmation receipt for the order: You will receive an email summarizing the contents of your order, i.e.:
- Your order number.
- Your bank transaction number.
- The list of products ordered.
- The delivery procedure
We recommend that your save and print this document, which is the official proof of your order. Your order is then recorded and processed by our sales admin team who will check availability of product(s) ordered. All orders placed imply acceptance of the prices and descriptions of products available for sale. www.nivose.fr undertakes to fulfil orders received via its website subject to stock availability.
In the event a product ordered is unavailable, our customer services department will contact you by telephone or email as soon as possible to discuss how to proceed with your order : shipment of available product(s) within a new approximate delivery time or cancellation and refund of the order.
In the event an order is reduced or cancelled (due to product unavailability), the amount of your bank transaction (made via the secure website of our payment partner or via Paypal) will consequently be modified or cancelled to correspond to the articles finally ordered.
Confirmation of shipment of your order: you will receive an email summarizing the contents of your order and confirming that your order has been sent. The contract is considered to have been fulfilled on the date this email is sent.
MONITORING OF YOUR ORDER
If you would like information on the progress of your order, you can log on to La Poste website at http://www.colissimo.fr or at http://www.chronopost.fr and monitor the shipment of your parcel directly. You will also receive information by email concerning the various stages of processing and preparation of your order up until it is shipped.
Article 4 / Price - Method of payment and Security
Prices charged are those in force on the day of ordering. All our prices are given in Euros, inclusive of VAT (and all taxes) in France and Europe. All our prices outside Europe (UK included) are exclusive of taxes. Delivery costs will be stated in the "basket" at the time of order confirmation.
www.nivose.fr reserves the right to modify its prices at any time but products are invoiced on the basis of prices in force at the time the customer confirms the order.
Delivery costs are stated in the order summary.
Payments are made via bank card and the website www.nivose.fr is credited in euros. The invoice is generated by the website www.nivose.fr and can be downloaded in PDF format directly from the customer account section.
By bank card (Visa, CB, Mastercard) : in this case, payment is made via the website of our payment partner. This means that none of your banking information passes through the website www.nivose.fr
Payment by bank card is therefore completely secure (SSL). Your order will be recorded and confirmed as soon as payment is accepted by the banking service.
By Paypal: PayPal is a system for making secure online payments. For opening a PayPal account, you need to only provide your PayPal account with a credit card through a secure login and then send an order for bank transfer by a simple e-mail while making a purchase online.
If you choose to pay via PayPal, you will be automatically directed to your PayPal account. Once the payment via PayPal has been validated, you can complete your order on the Internet Site.
Your PayPal account will be debited immediately after the final confirmation of the order.
The advantage of this solution is that, the bank details of one party are never communicated to the other party during a transaction. This system does not charge any additional fees at the time of making your payment.
The security of your payments is our priority. All transactions on www.nivose.fr are therefore carried out in a secure way.
Your credit card details are encrypted using SSL (Secure Socket Layer) protocol now used by all the major e-commerce players and never transmitted un-encoded across the network. Payment is made directly to the bank. www.nivose.fr has no access whatsoever to these details. Your data do not pass via the website www.nivose.fr and consequently only the bank has access to this information (see secure payment page).
RIGHT OF OWNERSHIP CLAUSE
Products remain the property of www.nivose.fr until all sums owing have been paid. However from the time of delivery, risks relating to the delivered goods are transferred to the customer.
DEFAULT OF PAYMENT
www.nivose.fr reserves the right to refuse to make delivery or fulfil an order placed by a consumer with whom a payment dispute is ongoing.
In order to ensure the security of transactions and respond to the general need to prevent fraud in relation to e-commerce, Nivose France carries out checks on orders which have been placed via its sales www.nivose.fr website. These checks aim to protect the online Nivose shop from abusive practices in relation to remote payments. As part of these inspection procedures, our staff may request you to send documents required to unfreeze your order: proof of ID, residence, payments in your name, ...
These requests are made by email and we request the customer to send us these documents by email or fax (with the aim of checking that their identity and address are correct [for example an electricity bill, telephone bill, copy of identity document, etc.] to allow fulfilment of the order). If no proof is received or the documents sent do not make it possible to check the identity of the person who has placed the order and their correct address, we will be obliged to cancel the order to guarantee the security of online transactions.
Article 5 / Delivery Procedure
For all products, the order is prepared for a departure from our warehouse within a maximum of 48 hours from confirmation of your order by email (subject to availability of stock). Delivery is then made by the transporter (Colissimo) within an approximate average time of two to three working days for Metroplitan France and four to eight working days for other destinations.
It is an average time noted. The fact that this time is exceeded shall not justify any cancellation of the order, any reduction in the price paid by the buyer, nor any payment of compensation.
However, and in accordance with the terms of article L.121-20-3 of the French Consumer Code, if delivery has not been made within 30 days of the day after your order was placed, you will be able to cancel your order without charge. The sums you have paid will be refunded.
As far as possible, www.nivose.fr reserves the right to offer you a product of an equivalent quality and price to the initial product.
HEAVY OR BULKY PARCELS
If the order exceeds a certain volume you may receive it in several deliveries and/or packages.
DELIVERY AND COMPLAINTS
For all products, parcels are sent via So Colissimo of La Poste or chronopost (or Metropolitean France, and via Colissimo Expert International for other destinations,
So Colissimo delivery allows choice between 5 options :
- Home delivery.
- On appointment (betwean 5pm to 9.30pm, only in Paris).
- Delivery in your area Cityssimo (automatic withdrawal site packages available 7/7 and 24h/24 except spaces subject to schedules malls).
- Delivery post office.
- Delivery to your merchant.
A delivery slip is attached to your parcel. We recommend that you keep it safe as it is your proof of delivery.
You must check that the goods delivered are correct at the time of delivery and before signing the transporter's delivery slip. You must state any defect relating to the delivery (damage to the product, etc.) on this delivery slip in the form of handwritten comments accompanied by your signature. This verification is considered to have been carried out as soon as you, or a person of your choice, have signed the delivery slip. No complaints relating to the condition of the parcel(s) received will then be accepted.
In the event there are reservations to be made, you must also confirm these reservations by recorded delivery letter to the transporter at the latest within three working days following receipt of the article(s) and forward a copy of this letter to our customer service department, whose address is provided in article 10.
In the event the address is incomplete, incorrect, the parcel is refused by the recipient or there is insufficient information, making it impossible to deliver the product to the recipient in good time, www.nivose.fr may not be held liable for the final quality of this delivery. If this lack of information requires a second delivery to the recipient, www.nivose.fr shall be entitled to request the costs incurred for this second delivery.
In the event the recipient is absent, www.nivose.fr may not be held liable for the final quality of this delivery.
Any complaint concerning the delivery of products must be made within 30 working days following the delivery date. Products must be returned in their original state (packaging, accessories, etc.) to the address provided in article 10.
www.nivose.fr is available during working hours, by telephone, email or post.
Article 6 / Right of retractation
In accordance with articles L. 121-16 of the French Consumer Code, the customer has 30 days from the delivery date of the product bought on the site to notify that he/she intends to return the product. For all returns the customer must first contact our customer services department via the email address : firstname.lastname@example.org or the contact form in order to obtain agreement and a returns number to write down on the form enclosed in the parcel.
Any parcels returned after the maximum stated period shall be refused or sent back to the sender. No parcel shall be accepted without a returns number. This number must be written legibly in market pen on the parcel. No parcels sent requiring payment on delivery shall be accepted, whatever the reason. The sender is liable for all costs and risks relating to the return of products.
The product must be sent back complete in its original packaging, neither damaged nor marked, along with all its accessories and a copy of the purchase invoice to Nivose France, L’Ecrin, 6 Place Jean Mermoz, 83120 Sainte Maxime - France, for an exchange or refund, without the need to provide reasons or pay any penalties, apart from the return shipping costs.
Parcels which no not identify the customer (surname, first name, address and returns code) will not be possible and shall be refused.
Our customer services department shall only agree to exchange and refund products provided the product is returned within the time periods mentioned above, intact in its original packaging and, finally, provided the product has not been used.
All returns by post must be by recorded delivery with proof of receipt. Upon receipt of the product sent by the customer, our customer services department shall send out a product receipt confirmation by email. Provided the customer has made correct use of this right, www.nivose.fr shall refund the sums paid by him/her corresponding to purchase of the returned product(s), within a maximum of 30 days, by bank transfer in the Customer's name to the account used with the payment card.
Article 7 / Warranty and After-sales Service
The products sold on www.nivose.fr enjoy the legal guarantee of conformity (L.211-4 to L.211-14 of the Consumer Code) and the warranty against hidden defects (articles 1641 to 1649 of the Civil Code). Throughout the warranty period, the user can request a service directly from his customer account or by e-mail to email@example.com with description of difficulties experienced or malfunctions of the product concerned. Under this warranty Nivose will support the necessary repairs or replacement of the product.
This warranty does not cover damages resulting from incorrect use of the product or normal wear and tear due to use. To benefit from a product's warranty it is strictly necessary to keep the product's purchase invoice and delivery slip.
Product and after-sales service returns should be sent to the after-sales service department whose address is provided in article 10.
"Satisfied or your money back" guaranty :
We comply with the "satisfied or your money back" commitment contained in FEVAD's (French federation of distance selling companies) quality charter.
Article 8 / Data protection provision
When you register with our website we collect your personal data (for example, your personal details, e-mail address) through the registration form in order to provide you with services in Nivose.fr’s reserved access areas and to e-mail you our Newsletter, when specifically requested.
It is vital for the processing and delivery of your order that you supply personal information. The order process on the www.nivose.fr website requires the creation of a customer account in which your information is stored and protected by a password of your choosing.
This information is strictly confidential and intended exclusively for Nivose-boutique for the purpose of processing your orders.
They are processed with strict adherence to the provisions of the "French Data Protection Law" n°78-17 of 6th January, 1978. In accordance with this law, the processing of personal data collected via the www.nivose.fr website has been notified to the French National Data Protection Commission (CNIL), registered on 16-07-2007 under number 1244236.
You have the right to access, modify, rectify or remove data relating to you at any time. To exercise this right, visit the "My Account" area, log in and access your personal data to correct or modify it. You can also ask our web department to do this by email to : firstname.lastname@example.org, by the contact form or by letter to the following address : Nivose France, L’Ecrin, 6 Place Jean Mermoz, 83120 Sainte Maxime - France
At the time your account is created on the website, www.nivose.fr also gives you the opportunity to receive the newsletter by email, containing information about exclusive offers, special promotions, news and competitions organized by www.nivose.fr. You can decide to stop receiving the newsletter at any time by unsubscribing using the unsubscribe link included at the bottom of the email.
Article 9 / Intellectual property
All documents, text, graphics, images, photographs or any other content published on the www.nivose.fr website are the exclusive property of Nivose France SA. They may not therefore be reproduced, nor used for commercial or any other purposes, in any way whatsoever, except with permission of the publication director.
Article 10 / Customer and After-sales departement
You can contact the Customer and After-sales Service department by mail or email for any question relating to your order, its shipment or order monitoring or any questions relating to products and promotional offers :
- By post : Nivose France, L’Ecrin, 6 Place Jean Mermoz, 83120 Sainte Maxime - France
- By email to : email@example.com
Article 11 / Liability
www.nivose.fr’s liability shall not be incurred for any events, inconveniences or damages inherent to use of the internet, particularly in the event of interruption to service, external intrusion or the presence of computer viruses.
Moreover, www.nivose.fr cannot be held responsible for the improper performance of the contract if he proves that the fault is due to the consumer, to a third party in the contract or in a case of force majeure.
www.nivose.fr shall not incur any liability for indirect damages resulting from the present general terms and conditions of sale, business interruption, loss of profits, damages or costs, which may occur.
Article 12 / Applicable law – Disputes
The www.nivose.fr website is run by a company under French law. The applicable law of our contractual relations is French law. In the event of a dispute, French jurisdiction shall be competent.
Article 13 / Pricing
An item's price may change when you select your shipping destination. Please check the final total on the order summary page before completing payment.