General conditions of sale
General terms and conditions of sale
These General Terms and Conditions of Sale apply in their entirety from 1/09/2019
Any order for products from Nodie's implies unreserved acceptance of these General Terms and Conditions.
They are written in French in their original version, which alone is authentic and takes precedence over any other version translated into a foreign language.
No special conditions may prevail over these General Terms and Conditions without the formal written acceptance of Nodie's.
Any contrary conditions imposed by the Client shall therefore, in the absence of express acceptance, be unenforceable against SASU Nodie's.
If any provision of these General Terms and Conditions is declared invalid by a Court or any other administration or authority, such decision shall in no way affect the validity of the other provisions.
The failure to exercise, at any time, a prerogative recognized by these General Terms and Conditions, or to demand the execution of any stipulation of the agreement arising from said conditions, shall in no case be interpreted as a modification of the contract, nor as an express or tacit waiver of the right to exercise said prerogative in the future, or of the right to demand the scrupulous execution of the commitments undertaken herein.
1. Scope
These general terms and conditions apply to all sales of products intended for end-user consumer clients, concluded from the website http://www.nodiesofficiel.fr, and generally by any other means of distance communication, but excluding sales to professional clients.
2. Applicable Law – Disputes
Any question relating to these General Terms and Conditions, as well as to the services and sales they govern, which is not dealt with herein, shall be subject to the provisions of French law, excluding the 1980 Vienna Convention on the International Sale of Goods.
In the event of a dispute, the French courts shall have sole jurisdiction.
MEDIATOR
In accordance with Article L. 612-1 of the Consumer Code, the
consumer, subject to article L.612.2 of the code of
consumer protection law allows for the submission of a request for amicable resolution.
through mediation, within a period of less than one year from its
make a written complaint to the professional.
NODIE'S has designated, by membership registered under number
53459/VM/2408 SAS Médiation Solution as an entity of
consumer mediation.
To contact the mediator, the consumer must submit their request:
- Or in writing to: Sas Médiation Solution - 222 chemin de la bergerie 01800
Saint Jean de Niost
- Or by email to: contact@sasmediationsolution-conso.fr
- Either by filling out the online form entitled "Contact the mediator"
on the website https://www.sasmediationsolution-conso.fr
Regardless of the method of submission used, the request must imperatively
contain :
- The applicant's postal, telephone and electronic contact details,
- The name, address and registration number with Sas Médiation
Solution, from the professional concerned,
- A brief summary of the facts,
- Copy of the initial complaint,
- All documents necessary for processing the application (receipt form)
order, invoice, proof of payment, etc.)
3. Seller's Identity
The sales offers appearing on the website http://www.nodiesofficiel.fr are issued by the company Nodie's, a simplified joint-stock company with a single shareholder with a share capital of 5000.00 euros, located at 1D rue Danielle Casanova 26100 Romans sur isère.
4. Purpose
Nodie's offers for sale products precisely described on the website, which can be accessed at the following address: http://www.nodiesofficiel.fr
Although Nodie's makes every effort to ensure that the product photographs on its website are faithful reproductions, variations may occur due to the components of each product and their technical characteristics, as well as the resolution of any photograph representing the products.
Nodie's cannot therefore be held responsible for the shortcomings of certain graphic representations of the products displayed on its website.
Furthermore, Nodie's uses downgraded leathers from large French tanneries, so each hide, even if identical in color, may have differences in shade or grain.
Consequently, Nodie's would not be liable for a refund request for the item for this reason.
The products comply with the French regulations in force relating to safety, health of persons and consumer protection at the time they are placed on the market.
5. Product Orders
The Customer can view the products offered for sale on the website.
If the Customer wishes to place an order, they must follow these steps:
- Follow the Site's instructions and in particular, the instructions necessary to open a customer account.
- Fill out, according to the instructions provided online, an order form made available to him where he will include the information necessary for his identification and in particular his surnames, first names, email address, postal address and delivery address.
- Check the order details, identify and correct any errors.
- Confirm the order, the total price including all taxes, as well as the total price plus all processing and delivery fees.
- Use your voucher if applicable
- Follow the instructions on the online payment server to pay the price including all taxes.
The Customer then receives electronic confirmation of payment acceptance for the order without delay at the email address he or she provided.
At the end of the purchase procedure, the Customer is advised to download, save or print the general terms and conditions of sale applicable at the time of the order, as well as the information relating to the order.
An order confirmation email will be sent to the Customer at the address mentioned in the purchase form.
The Customer who has chosen to purchase the products presented on the site will definitively validate his order, in view of a summary displayed on the screen, by clicking on the "confirm" tab to signify his commitment, his knowledge and his acceptance of these general terms and conditions of sale and his agreement concerning the purchase concerned.
Unless otherwise stipulated, once validated, the order will be submitted to Nodie's for processing and cannot be modified or cancelled.
6. Product Availability
The product offers and prices offered by Nodie's are valid as long as they are accessible on the website and only while stocks last.
Unavailable products are listed on the website; in case of damage and if they still appear as available, the Customer will be informed by email or regular mail upon receipt of the order.
The Customer may then, at his/her choice, request a refund of the price paid or the delivery of an equivalent or similar product, in exchange for the price he/she has paid.
The difference between the price initially paid by the Customer and the price of the replacement product will either be refunded to the Customer when this difference is in his favor, or will result in the Customer paying an additional amount.
7. Price
Product prices are shown in Euros and include all taxes.
The processing and shipping costs are borne by the Customer for orders under 49 Euros including VAT and are expressly indicated before the order is taken.
You will find the shipping costs in our "delivery" section; it is specified there that:
Nodie's cannot be held responsible for any failure to meet delivery deadlines, as this is attributable to the postal services, and no right to compensation or remuneration is given, provided that the company has indeed deposited the package within 72 hours of the order for normal shipping, within three working days for Colissimo, Chronopost, or Mondial Relay.
Nodie's cannot be held responsible if the package is delivered but not received by the customer and will take care of filing a claim in order to obtain a response from the relevant department.
No refund will be issued until the claim has been validated by the relevant department.
The prices shown do not include any customs duties, taxes, fees, or other import charges payable by the buyer or recipient upon delivery of the order. Nodie's recommends that the buyer contact the relevant authorities in their country or territory to determine these potential charges.
Nodie's strives to offer consistent and accessible prices to the widest possible audience by reducing its profit margins. Therefore, it is understood that the prices displayed may fluctuate, particularly depending on the price of silver, the origin of the leather, or the cost of manufacturing. Consequently, Nodie's reserves the right to modify the prices shown on its website at any time. However, products will only be billed based on the prices in effect at the time each order is placed, as displayed on the website.
8. Discounts and reductions
A temporary promotion may be granted in the form of "discount vouchers" entitling the holder, depending on the case, to a discount in value or percentage and applying to eligible products.
The user must enter their assigned code in the designated area of the shopping cart and then confirm. The order total will be automatically recalculated to reflect the discount. Please note that multiple discounts cannot be combined (multiple vouchers, general discounts, etc.) and are non-exchangeable and non-refundable. Similarly, a lost discount code cannot be replaced or compensated in any way.
9. Payment
The price is payable in Euros at the head office of Nodie's by credit card, or by PayPal, at the time of order validation for products ordered from the website or by bank transfer for any order of specific products subject to a prior quote.
No discount will be given for early payment.
When payment is made by bank card, the transaction is immediately debited from the Client's bank card after verification of the card details, upon receipt of debit authorization from the issuing company of the bank card used by the Client.
In accordance with legal provisions, the commitment to pay, made using a payment card, is irrevocable. By providing their bank card information, the Customer authorizes Nodie's to debit their bank card for the total price, including all taxes, plus any applicable fees.
To this end, the Customer confirms that they are the cardholder of the bank card to be debited and that the name on the bank card is indeed their own. The Customer provides the sixteen digits and the expiry date of their bank card, as well as, where applicable, the security code.
In the event that payment of the price including all taxes plus delivery charges is impossible, the online sale will be automatically terminated and the order will be cancelled.
10. Right of withdrawal
In accordance with the provisions of Article L.121-5 of the French Consumer Code, when a sales contract for products has been concluded by the Customer via the Nodie's website, the Customer will have a withdrawal period of fourteen (14) clear days from the date of receipt of the ordered products. This period begins upon receipt of the items, as evidenced by the postmark.
When the 14-day period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.
For any cancellation of a product order, the customer will be issued a free return label upon simple request by email to contact@nodiesofficiel.fr, stating their order number, and the label will be sent to the address indicated:
SASU Nodie's
1D rue Danielle Casanova
26100 Romans-sur-Isère
France
Email: contact@nodiesofficiel.fr
Apart from the possibility given to the Client to withdraw within the aforementioned period and conditions, the contract is firm and final from the date of its acceptance by the client.
Notwithstanding the foregoing provisions, products that have been used by the customer, or damaged, cannot be returned by the customer and will not be accepted for return.
Once the product has been returned, and provided it has not been damaged, the refund will be made directly to the payment method with which the customer made the purchase.
RETURN FORM
Contract withdrawal declaration:
- Address: [Name], whose registered office is [address], tel: [tel], e-mail: [email]
- I/We declare (*) that I/we are terminating (*) the contract for the purchase of this product (*)/for the provision of these services (*).
- Order or pre-order date(*)/receipt date(*)
- Consumer's first and last name
- Consumer's address
- Consumer signature (only if this form is sent in paper format)
- Date
11. Product Delivery
The products are delivered to the address expressly provided by the Customer at the time of conclusion of the contract.
The delivery costs communicated to the Customer before acceptance of the order on the website will be borne exclusively by the Customer for orders under 49 euros.
The transfer of risk for the products takes place upon their receipt by the Client.
Except in cases of force majeure, products will be delivered within ten (10) working days from the effective payment of the price corresponding to each order validated by the Customer.
In the case of a pre-order, the customer will be notified of the pre-order period and this will take place after the indicated date.
Choice of delivery method and responsibility
For mainland France, Nodie's offers free standard delivery. By choosing this delivery method, the Buyer acknowledges that Nodie's cannot be held liable for any loss, theft, or damage to the package attributable to the carrier or occurring after the package has been delivered to the address indicated during the order.
If the Buyer requires secure delivery with signature confirmation or premium service, they must select the corresponding option when placing the order. The additional costs associated with these options are then their responsibility and are clearly displayed at the time of payment.
Nodie's may split an order into several shipments depending on product availability. In this case, the customer will be notified by email.
Any modification to the order during the execution of the contract, accepted by the company, will necessarily result in an extension of the delivery times.
The Customer is required to check the condition of the packaging and the products upon delivery.
It is up to the Customer to make any reservations and complaints he or she deems necessary, or even to refuse the package, as soon as he or she notices an anomaly such as a damaged package or packaging, a product missing compared to the documents attached to the delivery, etc.
In the case of a return due to an order error, the return shipping costs will be borne by the customer.
The Customer must ensure that the products delivered to him correspond to the order.
In the event of non-conformity of the products in nature or quality with the specifications mentioned in the delivery note, the Customer must inform the company at the email address contact@nodiesofficiel.fr or at the headquarters 1d Rue Danielle Casanova 26100 Romans sur isère.
12. Legal Guarantee
The Customer benefits in any event from the legal guarantees of conformity of the goods to the contract and of hidden defects, according to the provisions reproduced below from the Consumer Code and the Civil Code.
However, when repairing the product would incur costs exceeding the price of the delivered product, Nodie's may decide to replace the product with an identical one.
Article L.211-4 Consumer Code
The seller is obligated to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.
Article L.211-5 Consumer Code
To comply with the contract, the goods must:
1° Be fit for the purpose for which similar goods are normally used and, where applicable:
– correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
– to possess the qualities that a buyer can legitimately expect, given the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L.211-12 Consumer Code
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article 1641 of the Civil Code
The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.
Article 1648, paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
Except in proven cases of product non-conformity and/or hidden defects, Nodie's cannot be held liable for any damage to the item occurring after the legal withdrawal period of 14 days following delivery or receipt of the item. This is due to the very nature of the product, as certain variables (careful handling of certain parts, storage and handling conditions, activities performed, etc.) cannot be qualified or quantified by Nodie's and therefore cannot be attributed to them. Nevertheless, and always with customer satisfaction in mind, Nodie's undertakes to examine any request concerning the damage of an item within one month of its purchase and reserves the right, depending on the circumstances, to grant such a request.
Wear of metal parts and special conditions
The metal parts (buckles, clasps, rivets, etc.) of our items may, over time, show normal wear and tear related to their use (micro-scratches, loss of shine, wear of coating or loss of finish ).
In the event of a defect or abnormal damage occurring within six (6) months of delivery , Nodie's may proceed with a replacement or repair free of charge, after evaluation in the workshop.
In certain countries or regions where humidity, heat, or salinity levels are particularly high (for example, coastal or tropical areas), the natural oxidation or deterioration process of metal parts may be accelerated. This phenomenon, independent of product quality and linked to the environment of use, cannot under any circumstances justify a refund or automatic coverage .
In these cases, we advise adopting regular maintenance practices (wiping with a dry cloth, avoiding prolonged contact with water, perfumes or chemicals).
13. Return Policy
If you wish to return or exchange your order for any reason, we're here to help! We offer free returns and exchanges within 14 days of purchase in Metropolitan France. You can return your product for store credit, a replacement, or a refund to the original payment method.
The exceptions:
- Items must be returned with their tags and in their original packaging, carefully packed:
- The bag must be carefully placed in the pouch in the same way as when the order was received.
- The shoulder strap must be rolled up and if it is a 2-part model, it must be separated so as not to leave a mark on it.
- Take a dated photo of the product arrangement, in order to justify, if the bag is damaged, that the customer perfectly followed the process.
- Returned items must show no signs of wear.
- No exchanges or refunds will be accepted on personalized, engraved or custom-made products.
- Returns from outside mainland France are at the customer's expense.
If any of these conditions are not met, the return may be refused, and the return of the product to the customer may be subject to payment of return shipping costs.
In the event of a product return, please contact us using the form below.
For the procedure , please contact us here.
14. Intellectual Property
Nodie's expressly reserves the ownership and exclusive enjoyment of all intellectual and industrial property rights belonging to it and which the Client may become aware of or use in connection with any sales contract.
The Client is prohibited from using, exploiting or reproducing the intellectual or industrial property rights belonging to Nodie's without its prior written authorization.
The Client is prohibited from filing any industrial property rights relating to creations, inventions, designs and models, trademarks, plans, processes belonging to the company and protecting the products.
1. Personal Information
The information concerning the Customer, collected in connection with any order of products from the website, is necessary for Nodie's to process these orders.
They are recorded in the company's customer file and may give rise to the Customer exercising the right of access and rectification with the customer service of Nodie's company, in accordance with the provisions of the "Data Protection Act" of 6 January 1978.
Article L.223-2 of the Consumer Code requires: "when a professional is required to collect telephone data from a consumer, they must inform the consumer of their right to register on the list of those who object to telephone solicitation."
1. Proof and archiving
Order forms and invoices are archived on a reliable and durable medium so as to create a faithful and lasting copy.
These purchase orders and invoices can be produced as proof of the contract.
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