General terms and conditions
NIVYNE
Limited liability company
Share capital of 30,000 euros
Head Office: 21 rue des Couvreurs 85800, Saint-Gilles-Croix-de-Vie
R.C.S: 505,079,913
TERMS AND CONDITIONS OF ONLINE SALES WEBSITE
www.verre-et-design.com
These Terms and conditions of sale are applied as of March 8, 2018.
ARTICLE 1: DEFINITIONS
These General Terms and Conditions of Sale (hereafter » GTC ») are proposed by Nivyne (hereafter » The Company »), a limited liability company with a capital of 30,000 euros, registered at the Commercial and Company Register under the number 505 079 913, whose head office is located at 21 rue des Couvreurs 85800, Saint-Gilles-Croix-de-Vie. The non-premium telephone number is +33 (0) 2 28 11 22 38, the e-mail address is contact@verre-et-design.com and the individual VAT identification number or intracommanautaire number FR35505079913.
The company is the owner and publisher of the website www.verre-et-design.com (hereafter » the Site »). The Site is hosted by OVH, a joint-stock company with the share capital of € 10,069,020, based at 2 rue Kellermann – 59100 Roubaix – France, contactable by telephone on +33 9 72 10 10 07 or by fax (o) .
The publication director is Wilfried Allyn.
The Website offers the Customer (hereafter « the Customer ») the opportunity to purchase products offered by the Company, namely decorative objects such as light and glass work fixtures.
Before using the Site, the Customer must ensure that he has the technical computer resources to use and to order products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his equipment is in good condition and holds no viruses.
ARTICLE 2: APPLICATION AND ENFORCEABILITY OF TERMS
The purpose of these Terms and conditions is to define all circumstances under which the Company markets the products as offered for sale on the Website to Customers. They therefore apply to any Order ( » Order ») of product placed on the Site by the Customer.
The Customer declares to have read and accepted these Terms and Conditions before placing his Order.
Validation of the Order is therefore acceptance of these Terms. Being regularly updated, the applicable Terms and Conditions are those current on the Site at the date of placing the Order. The Customer shall be kept informed of any changes to the Terms and Conditions by any means.
Any contrary condition set by the Customer would be, in the absence of expressed acceptance, unenforceable to the Company regardless of when it may have been brought to its attention.
The fact that the Company fails to invoke itself at a given moment to any provision of these Terms and Conditions, can not be interpreted as a waiver to avail itself later to any provision of said Terms and Conditions.
ARTICLE 3: CREATION OF A CUSTOMER ACCOUNT
Any individual wishing to place an order on the Site must create a customer account. To do this, he must choose a user ID and password.
When creating an account, the Customer must provide the correct information requested. The Customer undertakes, as such, to provide only accurate, valid, up-to-date and adequate information and to inform the Company of any changes that may affect them thereafter.
The Customer must inform the Company of any loss of user ID and password without delay. Once informed, the Customer will be contacted by the Company.
User names and passwords are strictly confidential. The Customer commits to maintaining their confidentiality and to not disclose the information to any person. The Company declines all responsibility for the loss or misuse of this information.
ARTICLE 4: PLACING AN ORDER ON THE SITE
The description and presentation of the products offered for sale are made with the greatest possible accuracy.
The Company reserves the right to correct the content of the Site, in particular to adapt to changes on the Site and the Company’s business by making available new products or removing or modifying existing products.
The Customer selects the product (s) he wishes to purchase, and has access at any time to his Order summary.
The Order summary is the list of the product (s) that the Customer has selected, which includes any additional costs to the price of the products on the Order. The Customer has the opportunity to modify his Order and to correct any errors before proceeding to the acceptance of his Order.
After accessing to the Order summary, the Customer confirms his Order by accepting the Terms and Conditions, then clicking on the validation icon of the Order. An indication « Order with obligatory payment » or an unambiguous analogous formula appears next to the order validation icon to ensure that the Customer explicitly acknowledges its obligation to pay the Order.
After acceptance of the Terms and Conditions and validation of the Order with obligatory payment , the contract is validated and concluded between the Company and the Customer and binds them irrevocably.
For validation of his Order and in order to proceed to the payment, the Customer enters the delivery details and the billing details of the ordered products. The delivery process of the product (s) is described in Article 7 of these Terms.
ARTICLE 5: PRICES AND CONDITIONS OF PAYMENT
The prices are mentioned on the Site in the descriptions of the various products available, are in euros and are indicated as of before and after taxes.
The total amount is indicated in the Order summary, before the Customer accepts the Terms and Conditions, validates the Order, informs and confirms the delivery details and, if applicable, billing details and proceeds with the payment. This total amount indicated includes all taxes.
The Order of Products on the Site is payable in euros. The full payment must be made on the day of the Order by the Customer, by credit card except special conditions of sale explicitly accepted by the Customer and the Company.
As of with all credit card payments, the Site uses the security system of Monetico Paiement – CIC, a specialized online payment security provider. This system guarantees the Client total confidentiality of his banking information. The credit card transaction between the Customer and the security system is fully encrypted and protected. Customer’s bank details are not stored electronically by the Company.
The Customer warrants to the Company that he has the necessary authorizations to use the method of payment when placing an Order.
All communications, purchase orders and invoices are archived on a reliable and durable support in which they may be produced as proof of contract, if needed.
The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, regardless of its nature and level of performance, in case of non-payment or partial payment of any sum that would be due by the Customer to the Company, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an Order.
ARTICLE 6: RETRACTATION
In accordance with Article L.221-18 of the Consumer Code, the Customer has a 14 day period from receipt of the product to exercise his right of withdrawal, in order to obtain the refunding of Products purchased, without justification or pay penalties, for repayment.
In accordance with Article L221-28, the right of withdrawal can not be exercised for contracts of goods supplies customized to the consumer’s specifications or clearly personalized items.
The products sold by the Company are neither taken back nor exchanged when they have been unsealed by the Customer except in case of error attributable to the Company, particularly in the event of a Product delivery not corresponding to the customer’s order.
In order to exercise his right of withdrawal, the Customer must notify the Company with:
his name, address and, where available, his telephone number and email address;
stating the decision to withdraw by means of an unambiguous declaration expressing the wish to retract.
A withdrawal form is available to the Customer on the Site.
All returns are to be made, to the Company or a designated person, in their original and complete condition including packaging, accessories, etc, in order for the product to be re- marketed in its current new condition, accompanied by the invoice. Damaged, soiled or incomplete products will not taken back. It is expected that Customer responsibility, in case of retraction after use of the property (s), is engaged with respect to the depreciation of the property (s) resulting from only necessary manipulations. According to the European Commission, these manipulations are those of which a consumer may conduct in a store for sale goods.
In exercising of the right of withdrawal within the aforementioned period, only the purchase price of the Products and the delivery costs are compensated; the return fees remain the responsibility of the Customer. The Company will refund using the same method of payment used for the original transaction (except with the expressed agreement of the Customer to use another payment method and to the extent that the compensation does not incur any further costs for the transaction.).
The refund will be made within 14 days from receipt of the Product returned by the Customer.
ARTICLE 7: DELIVERY
The products offered on the Site may be delivered internationally worldwide
Shipping costs and any related information is available on the Site.
Postal delivery costs are determined by different transport carriers, in which vary accordingly. The total amount due by the Customer for delivery charges is indicated on the order summary, before accessing payment. Free delivery is offered in metropolitan France for orders over 25 euros.
In accordance with Article L.216-4 of the Consumer Code, any risk of loss or damage to the goods is transferred to the consumer when he physically takes possession of the Products.
The Company undertakes to deliver the products within a period not exceeding 30 working days from the date of order. The Customer is informed, by e-mail, of a delivery date when the order is ready. The ordered product (s) is (are) delivered to the address indicated by the Customer under the conditions specified in the « Orders » section of the Terms and Conditions.
The Company undertakes to provide the Customer with all necessary transport documents of the Product for its delivery, including necessary documents for customs control.
The Customer must ensure that the communicated information referred to in « Orders » and mentioned in the confirmation e-mail are correct, and that they remain so until the order (s)is (are) received. The Customer undertakes to inform the Company of any changes in billing and / or delivery details that may occur between the order and delivery, by promptly sending, an e-mail to customer services. Failure to do so may lead to delays and / or error of delivery, in which the Customer can not in any case involve the responsibility of the Company in case of default of delivery, and the Company customer services will contact the Customer for a second delivery at the Client’s expense.
The Company will also not be liable of non-received products due to the intervention of a third party outside its control or in case of theft.
The Customer agrees to be present at the delivery address at the time of Product delivery.
In case of the return of an order due to Customer absence, Company customer services will reschedule for a second delivery at the Customer’s expense.
The Customer may follow his Order status via the Site, or if available via that of the carrier, with a tracking number provided in the order confirmation e-mail.
ARTICLE 8: CUSTOMER SERVICE
For any information requests, clarification or claims, the Customer must contact, in priority, the Customer Service Site, permitting them to try to resolve the problem.
The Customer Services Site is open from Monday to Friday from 9 am to 5 pm and can be contacted by:
phone: +33 (0) 2 28 11 22 38
or 24/7 using the contact form available on the Site under « Contact Us »
ARTICLE 9: LEGAL AND COMMERCIAL GUARANTEES
All Products proposed by the Site are subject to the legal guarantee of conformity provided for by law, in particular articles L.217-4 and following the Consumer Goods Code, and to the guarantee of hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217- 4 of the Consumer Code: » The retailer is required to deliver a product in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. He also answers to any lack of conformity resulting from the packaging, assembly instructions or installation demanded by the contract carried out under his responsibility. »
Article L.217-5 of the Consumer Code: » To be in conformity with the contract, the property must:
1 ° Be fit for the usual expected use of a similar good and, where appropriate:
– correspond to the description given by the retailer and possess the qualities presented to the buyer in the form of a sample or replica;
– present the qualities that a buyer may legitimately expect regarding the general description made by the retailer, the producer or his representative, in particular from advertising or labelling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, made known to the supplier and that the latter has accepted. »
Article L.217-12 of the Consumer Code: » The action resulting from lack of conformity is applicable by two years from the delivery of the property. »
Article 1641 of the Civil Code: » The retailer is bound by the guarantee for reasons of hidden defects of the product sold which render it unsuitable for its intended use, or which greatly diminishes its use that the buyer would not have purchased it, or would have demanded a lower price, if they had been made apparent. «
Article 1648 of the Civil Code, first paragraph: « The action resulting from concealed defects must be conducted by the buyer within two years from the discovery of the defect. »
If a Customer considers that he has received a product that he perceives to be defective or non-compliant, he must:
Indicate the defect or the non-conformity on the delivery note in presence of the deliverer.
Contact the Company, within 48 working hours from receipt of the order, to the following email address: contact@verre-et-design.com,
or by registered mail with signed delivery to the following address : Nivyne, 21 rue des couvreurs, 85800, Saint-Gilles-Croix-de-Vie, FRANCE, stating the defect or non-conformity in question.
It is the Customer’s responsibility to provide any justification designating any apparent defects and / or observed anomalies. The Customer must facilitate the Company in the detection of these defects or non-conformities for rectification if necessary. He will refrain from intervening himself or involving a third party for this purpose.
If the defects and / or anomalies are confirmed by the Company, the Company will acknowledge the consequent complaint and contact the Customer with further instructions on the following procedure. Then if necessary, proceed to replace the product of which the Company will be obliged to record the lack of conformity, or the defect.
In the event that an exchange of the product is not possible, the Company will be required to compensate the Customer within 14 days of receipt of the product. Compensation will be proposed from the Company by crediting the Customer’s bank account, the Customer may opt for another method of compensation other than the one proposed.
ARTICLE 10: CUSTOMER OBLIGATIONS
The Customer agrees to comply with the circumstances of these Terms and Conditions.
The Customer agrees to use the Site in accordance with the laws and regulations in force.
The Customer agrees that the Site is only for personal use, in accordance with these Terms and Conditions. In this respect, the Customer agrees to abstain from:
Using the Site in any illegal manner, for any illegal purposes or ways inconsistent with these GTC.
To selling, copying, reproducing, renting, loaning, distributing, transferring or sub licensing all or part of the content contained on the Site or to decompose, reverse engineer, disassemble, modify, display in Customer readable form, attempt to discover any source code or use any software that activates or encloses all or part of the Site.
Attempting to gain unauthorized access to the Site’s technical system or committing any disruptive activity, decreasing the quality or interfering with performance or impairing the Site functionality.
Using the Site for abusive purposes by intentionally introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.
Violating the intellectual property rights of the Company and / or reselling or attempting to resell products to third parties.
Deprecating the Site and / or the products as well as the Company on social networks and any other means of communication.
If, for any reason, the Company considers that the Customer does not comply with these Terms and Conditions, the Company may at any time, and under its sole discretion, remove its access to the Site and take any precautions that include any civil and criminal proceedings against him.
ARTICLE 11: LIABILITY
The Company commits to taking all necessary measures to ensure the Customer receives products of quality and under the most optimal conditions. The Company however, can not, in any case be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Customer or to the unavoidable and unforeseeable circumstances of a third party who is not engaged to the contract, or in case of force majeure. In general terms, if the liability of the Company were engaged, it could not accept or agree to, in any way to compensate the Customer for indirect damages or whose existence and / or quantum could not be evidentially established.
The Site may contain links to other sites neither edited nor controlled by the Company, in which it can not be held responsible for the operation, content or any element present or obtained through these sites.
The set up of such links or reference to any information, articles or products provided by a third party, can not and should not be interpreted as an explicit or tacit endorsement of their contents, by the Company.
The Company is not responsible for the accessibility of these sites and can neither control the content nor validate the advertising, products or information on these websites.
It is explicitly specified that the Company shall be in not held liable, in any way whatsoever, for the event of the Customer’s computer hardware or electronic mail rejecting, for example due to the effect of an anti-spam, e-mails sent by the Company, and in particular, without the list being exhaustive, the copy of receipt of payment, the statement of the order summary and the e-mail of the dispatch tracking.
The Customer fully acknowledges the provisions of this article and is aware of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would certainly not engage in contract.
ARTICLE 12: INTELLECTUAL PROPERTY
The elements of this Site and the Site in itself, are protected by author copyrights, trademark rights, designs and / or other intellectual property rights. The Company is held as the exclusive owner of these elements. These rights are reserved worldwide.
The name, logos, designs, letter styles, emblematic signs, and all signs represented on this Site are and will remain the exclusive property of the Company
Neither title or intellectual right to any element or software will be obtained by downloading or copying of elements on this Site. It is explicitly forbidden for the Customer to reproduce except for personal and non-commercial use), publish, edit, transfer, distribute, show, remove, delete, add to this Site and the elements and software contained within, including any modification or performance of any work by using them as a basis, nor to sell or participate in any sale in connection with this Site, the elements of this Site or any related software.
The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and can not be transferred or assigned to any third party. The license is granted for the duration of the Site.
This Site may contain links to other sites that are neither edited nor controlled by the Company and can not be held responsible for any operation, content or element present or obtained through these sites. The setting up of such links or the reference to any information, articles, content or services provided by a third party, can not and should not be interpreted as an explicit or tacit endorsement, by the Company.
All questions or comments related to another site should thus be addressed to the operators of these sites. No link to this Site is permitted without prior explicit written consent by the Company.
Any use by the Customer of corporate names, trademarks and separate signs belonging to the Company is strictly prohibited except in the case of explicit and prior agreement of the Company.
ARTICLE 13: PERSONAL DATA
In accordance with the 6 January 1978 law relating to data, files and freedom rights, the Customer is informed that certain mandatory information is required to allow the Company to process and execute orders placed on the Site and, if needed, to manage the operation of the Customer area.
This mandatory information, in which failure to answer would block the order process on the Site, are as follows:
last names;
first names;
full address ;
e-mail address ;
phone number ;
According to the 6 January 1978 law relating to data, files and freedom rights, the Customer is informed that certain facultative information is required permitting the Company to optimize delivery times and orders.
The Customer has the right to oppose, access, rectify and delete any personal data, this may be exercised under the conditions stated by law through e-mail to the Company via the contact form available on the Site under the heading « Contact Us », specifying his last name, first name, e-mail address and his account identification.
No information concerning the Client will be transmitted to third parties, except to the Company’s service providers for the sole purpose of executing orders and within the limits of the information strictly necessary for this purpose.
ARTICLE 14: COOKIES AND STATISTICAL TOOLS
In accordance with the CNIL’s deliberation 2013-378 of December 5, 2013, the Company informs Users that cookies store certain information that is stocked in their hard drive memory. This information is used to generate audience statistics for the Site and to offer products / services according to the products / services they have already previously selected. An information message, asks each person visiting the Site, in advance, if he wants to accept cookies. These cookies do not contain any confidential information concerning the Users of the Site.
Users navigating to the home page or another page of the Site directly from a search engine will be informed of:
the precise purposes of the cookies used;
the option to oppose these cookies and change the settings by clicking on a link in the window;
continued navigation is to accept cookies on its terminal.
To guarantee free, informed and unambiguous User consent when visiting the Site, the window will not disappear until it has continued its navigation.
Except with the prior consent of the User, the acceptance and reading of cookies will not be carried out:
if any person visits the Site (home page or directly on another page of the Site from a search engine for example) and does not continue navigation: a lack of action can not be taken as an indication or a manifestation of will;
or if he clicks on the link present in the window allowing him to set cookies and, if necessary, refuses to accept cookies.
ARTICLE 15: NEWSLETTER
During the registration process of placing an order on the site, the Customer has an option to agree to receive commercial offers from the Company for products similar to those ordered.
Subscribed members will be able to unsubscribe from the newsletter by clicking on a link provided for this purpose, which is present in each of the newsletters (newsletters).
ARTICLE 16: SECURITY
The Customer undertakes to not compromise the Site’s security. In this respect, it undertakes not to pursue any fraudulent access of the Site’s information system. The Customer may not harm or hinder the information system of the Site. Failing this, the Company may take any measure against it, in particular those that incur criminal liability under Articles 323-1 and its following of the Penal Code.
ARTICLE 17: TECHNICAL PROVISION ORDER
Services related to the use of the Site are provided as is and to the extent of availability. The Company does not guarantee an error-free provision without punctual and secure interruption of the Site. It is not bound by obligation to any personal or in particular, technical assistance. It disclaims all expressed or implied warranties, particularly as to the quality and compatibility of the Site with the use that will be made of it.
Nor does it guarantee that files transmitted by Clients may not be subject to unauthorized intrusion by third parties, or be corrupted or downloaded, or that information and data circulating on the Internet are protected against such attacks. or possible diversions.
ARTICLE 18: FORCE MAJEURE
Any event beyond the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure. In this respect, the obligation of the parties are suspended, for example, and without this list being exhaustive: a strike or a technical failure (by the electrical supplier, telecommunications operators, Internet access providers or host providers, registrars, etc.), a power supply shutdown (such as electricity), a communication network failure on which the Company depends and / or any replacement networks.
The Company can not be held responsible, or considered as having failed in its obligations conditioned by these Terms and Conditions, for any non-performance related to a case of force majeure as defined by the law and French jurisprudence, provided that it, first; notifies the other party, and, second; minimizes the damage to the greatest extent and fulfills its obligations as soon as possible after the case of force majeure is terminated.
ARTICLE 19: INTEGRALITY
The presentation of these Terms and Conditions conveys the total agreement between the Clients and the Company. They prevail over any proposal, exchange of letters before and after the present conclusion, thus any other provision appearing in documents exchanged between the parties and relating to the purpose of the Terms and Conditions, except by amendment duly signed by the representatives of both parties.
ARTICLE 20: NON-WAIVER
The fact that one part of these GTCS not being required to the application of any clause whatsoever, whether permanently or temporarily, can in no way be considered as a waiver of rights to this party arising from said clause.
ARTICLE 21: INVALIDITY
If one or more presentations of these GTC are held to be invalid or declared as such according to a law, regulation or following a final decision from a competent jurisdiction, the other provisions of these T & Cs will remain effective and valid.
If applicable, the Company undertakes to immediately delete and replace the clause with a legally valid clause.
ARTICLE 22: CAUTIONS
In case of difficulty in the interpretation between the heading and the chapter of any of the articles and any of the clauses, the headings will be considered as not written.
ARTICLE 23: APPLICABLE LAW AND LITIGATIONS
These Terms and Conditions are governed by and construed in accordance with French law, without regard to conflict of law principles.
The parties agree to submit, in the event of any dispute that may arise during the interpretation and / or execution of the present or in relation to this Site and / or any purchase and / or attempted purchase, a conventional mediation procedure or any other alternative method of settling their disputes.
The Customer may contact the Vendée Mediation and Arbitration Center, 54 avenue de Verdun, 85 000 La Roche-sur-Yon, e-mail: info@cacm-vendee.fr. The Customer can visit the European platform for consumer dispute resolution set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https://webgate.ec. europa.eu/odr/.
In case of failure of a mediation procedure or if the Client wishes to seize a jurisdiction, the rules of the Civil Procedure Code will apply.
Withdrawal form
To the attention of :
I / we (*) notify you (*) hereby of my / our (*) withdrawal of the contract relating to the sale of the goods (*) below:
Ordered on (*) / received on (*):
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only if notification form on paper):
Date:
(*) Delete as appropriate.
