TERMS OF SALES
ARTICLE 1 - PURPOSE & ENFORCEABILITY
The general conditions of sale apply to the sale of any Product supplied by:
• The Noune Atelier Company via their website nouneatelier.com
• Registration number 89534979300011 with registered office at 27 rue de la saune, 60940 CINQUEUX. 06.25.74.20.92 info.nouneatelier@gmail.com
Hereinafter the company Noune Atelier, with Customers having the quality of consumer, namely any natural person who acts for purposes which do not come within the framework of his commercial, industrial, artisanal, liberal or agricultural activity, here- after the “Client”.
Any Product Order implies unreserved acceptance by the Customer and full and complete acceptance of these General Terms and Conditions of Sale which prevail over any other document: catalogs, advertisements, notices, unless the Company has expressly and previously agreed to waive it.
The Company offers for sale personalized or non-personalized products and clothing for children / infants.
The Company does not sell Products to minors. If the Client is under eighteen (18) years of age, he may only use the Site under the supervision of a parent or guardian.
The photos presented on the Site are non-contractual and may vary according to the models photographed. These variations are due to the settings parameters of the different screens and cameras, the display of the Products, the angle of the shot, etc.
The Company reserves the right to modify these General Conditions of Sale at any time. In this case, the applicable conditions will be those in force on the date of the Order by the Customer.
ARTICLE 2 - CONTACT THE CUSTOMER
The Company's customer and after-sales service can only be contacted by e-mail at info.nouneatelier@gmail.com or directly via the contact form. The Customer must indicate in the e-mail his first name, last name, the subject of his request and the number of his Order.
For any professional request (partnership, media, contract proposal), the Company can only be contacted by e-mail at info.nouneatelier@gmail.com.
ARTICLE 3 - DEFINITIONS
“Customer” means any consumer Customer who has made an Order.
The "General Conditions of Sale" are the present contract of sale.
“Orders” are displayed for any order placed on the lescalines.com website that is important for the Products.
“Basket” designates all of the selected Products.
"Products" are the goods offered for sale on the Site. Each Product presentation sheet mentions the price; the possibility of contacting customer service; the technical data sheet of the product, its availability in stock, and the opinion of other consumers, if applicable.
The "Company" indicates the Company Noune Atelier.
The “Site” indicates the nouneatelier.com website, which is the exclusive property of the Company.
“Geographical area of the Offer” indicates the whole of the country to which the Company offers the Products for sale, and delivers the Orders, namely France and Europe.
ARTICLE 4 - ORDERS
The Customer places the Order via the Site: the Customer registers and validates the Order on the Site.
To place an Order on the Site, the Customer freely selects one or more Products from the Site catalog, by clicking on the "add to Cart" button. On the “Basket” page, the Customer has the possibility to check the details of his Order and to correct any errors, before confirming it.
On the "Information" page, the Customer must enter their contact information. He can opt for a follow-up of his Order by e-mail by checking the required box.
On the "Delivery" page, the Customer must choose the shipping method offered to him.
On the “Confirmation” page, the Customer must enter his bank details as well as the billing address. The Customer also has the possibility to enter a promotional code if he has one.
A full Order summary appears. The Customer has the possibility to modify all the elements of the Order before finalization. The Customer is responsible for any errors related to the Order, the Products and contact information.
The sale is validly established when the Customer has confirmed the Order by clicking on the button "Finalize my order", that he has accepted the General Conditions of Sale, and that he has made the payment according to the terms he has chosen. , subject to the exercise of the right of withdrawal.
The date of validation of the Order corresponds to the date of receipt of payment for the total price including VAT made.
ARTICLE 5 - AVAILABILITY
Product offers are valid as long as they are visible on the Site, within the limits of available stocks, excluding promotional operations as such on lescalines.com. In the event of unavailability of the Product after placing the Order, the Company will inform the Customer by e-mail. The Order will then be automatically canceled and the Company will reimburse the Customer for all the sums already paid, at the latest within thirty (30) days of the payment of the sums paid.
ARTICLE 6 - EXERCISE OF THE RIGHT OF WITHDRAWAL
For all distance selling operations, the Customer has a period of fourteen (14) clear days, from the day after he comes into possession of the goods or accepts the offer for a service, without justification or payment of penalties on his part. The exercise of this right met at the end of this contract. CAUTION: THIS DOES NOT APPLY TO CUSTOM ORDERS WITH MARKING.
When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. The Client must inform the Company of his decision by sending him the standard withdrawal form that can be downloaded and available here: FORM LINK
The Customer then has another period of fourteen (14) days, from the communication of his decision to withdraw, to return the goods to the Company at the address mentioned in Article 1. The Customer must not not return the Product to the manufacturer.
To do this, he can appoint the carrier of his choice, ensuring that the handling and transport will be done in the best conditions. The protective packaging of the Products will be the responsibility of the Customer. The Company advises you to return the merchandise by registered or tracking post.
The costs of returning the Product are the responsibility of the Customer, as are the risks associated with the transport of the Product, whatever they may be.
The Customer is liable for any depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these Products, provided that the Company has informed the Customer of its right of withdrawal.
Only products in new condition returned in their original packaging will be accepted. In case of depreciation of the Product, no return will be accepted.
Products unsealed after delivery by the Customer cannot be returned.
ARTICLE 7 - REFUNDS & FEES
When the right of withdrawal is exercised, the Customer is entitled to the benefit of reimbursement of all sums paid (excluding shipping costs). An email will be sent to the Customer to confirm that the returned merchandise has been received and inspected by the Company. The Company will inform the Customer of its decision to approve or refuse the reimbursement request. The refund made within fourteen (14) days from the date on which the Company is informed of the Customer's decision to withdraw.
The Company makes the refund using the same means of payment as that used by the Customer for the initial transaction.
The exercise of the right of withdrawal within the legal deadlines is met at the end of the execution of the parties to perform this contract, as well as any ancillary contract, at no cost to the customer other than those relating to the return of the products.
In the event of a delay in reimbursement, the Customer should first contact the entity issuing the credit card, then the bank and lastly the Company at the following e-mail address:
Personalized orders cannot be returned or exchanged, unless there is an error on the part of Noune Atelier.
Noune Atelier is in no way responsible for spelling errors on the part of the client.
ARTICLE 8 - PRICE
The total price of the Order includes the price including tax of the Products and the possible cost of delivery. All orders are payable in Euros (€).
The Products are invoiced on the basis of the prices in force on the Site on the date of the accepted Order. Discount codes as well as promotions and sales cannot be combined with each other.
The prices and tariffs can be revised at any time by the Company.
ARTICLE 9 - PAYMENT
By placing an Order, the Customer declares that he holds sufficient financial guarantees for his payment, and that he will actually pay the sums due when they are due, in accordance with the legislation.
Payment of invoices is made in cash and upon validation of the Order in accordance with the means of payment freely chosen by the Customer.
Payment of the Order by the Customer can be made by:
• Credit card (Carte Bleue, Visa, Mastercard or American Express): All credit card numbers are encrypted on 256 bits when the Order is placed. They are only decrypted on the payment processor server. This information does not exist in clear text on any website and is therefore inaccessible to the Company and to third parties.
• sumup, a payment collection company that acts as the link between buyer and seller for secure payment.
• Paypal, payment by secure email address.
In the context of payment by credit card, the card is only debited at the time of validation of the Order. Payment is made in cash.
Bank checks are not accepted. Information relating to the purchase transaction is kept for as long as necessary to complete the Order. Once the Order is finalized, the information relating to the purchase transaction is deleted.
ARTICLE 10 - TRANSFER OF OWNERSHIP AND RISKS
The Customer acquires ownership of the Products ordered as and when the price is paid. Any non-performance by the Customer of his payment obligation, whatever the reasons, authorizing the Company to legally request the termination of this sales contract and to demand the return of the Products.
Delivery means the transfer to the Customer of physical possession or control of the good. Any risk of loss or damage to goods is transferred to the Customer when the latter or a third party designated by him, and other than the carrier proposed by the Company, takes physical possession of the Products.
When the Customer entrusts the delivery of the Product to a carrier other than that offered by the Company, the risk of loss or damage to the Product is transferred to the Customer upon handing over the Product to the carrier.
ARTICLE 11 - DELIVERY TIMES
The delivery time is the period between the confirmation of the order and the transfer of physical possession of the product to the customer, excluding installation or unpacking.
Delivery will take place within the time period indicated in the Order, except in cases of force majeure. Failure to indicate the date of delivery of the Product, the Company delivers the Product no later than thirty (30) days after the conclusion of the General Conditions of Sale.
If the delivery is not made within the period indicated by the Company, the Customer may, after the Company has given notice, terminate the contract, or cancel the sale, by recorded delivery or in writing on another durable medium.
The contract is considered to be terminated upon receipt by the Company of the registered letter informing it of this termination, unless delivery has taken place at the place in the meantime.
ARTICLE 12 - DELIVERY TERMS
Delivery is made to the address indicated by the Customer when ordering. The Company may contact the Client to ensure the accuracy of the contact details.
If the delivery cannot take place because of an input error on the part of the customer, the re-forwarding costs will be charged to him. In this case, the Company cannot be held responsible for the extension of the delivery time.
Delivery is made by a carrier and delivery is made according to the specific terms of the carrier.
Delivery is deemed to have been made upon physical delivery of the Products to the Customer by the carrier. The delivery slip given by the carrier, dated and signed by the Customer upon delivery of the Product, constituting proof of transport and delivery. It is the Customer's responsibility to check the condition of the Product delivered in the presence of the delivery person and, in the event of damage or missing items, to make reservations on the delivery note, and possibly to refuse the Product and to notify the Society.
ARTICLE 13 - RESPONSIBILITIES & LEGAL GUARANTEES
The Company is legally responsible towards the Customer for the proper performance of the obligations resulting from the General Terms and Conditions of Distance Selling, whether these obligations are performed by the Company itself or by other service providers and in particular by carriers, without prejudice to its right of recourse against them.
However, the Company may exonerate itself from all or part of its liability by distributing the proof that the non-performance or poor performance of the General Conditions of Sale is attributable either to the Customer or to the unforeseeable and insurmountable fact of a third party. to the contract, or to a case of force majeure.
When the Product presents either a lack of conformity or a hidden defect, the European Customer can choose between the legal guarantee of conformity (a), provided for in articles L 217-4 to L 217-14 of the Consumer Code, and the guarantee against hidden defects in the item sold (b), provided for in article 1641 and following of the Civil Code.
a) Legal guarantee of European conformity:
The Company sells products in France and in Europe, it is therefore liable for any lack of conformity existing before the purchase of the Products sold, under the conditions of Article L. 217-4 et seq. Of the Consumer Code. This warranty does not cover damage, breakage or malfunctions resulting from non-observance of the precautions for use. Defects and deterioration of the Products delivered resulting from abnormal storage and / or conservation conditions at the Customer's premises, in particular in the event of an accident of any kind whatsoever, which cannot give rise to the guarantee owed by the Company.
The action activates the legal guarantee of conformity, the Customer:
- has a period of two (2) years from the delivery of the goods to act;
- may choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- Proof of the existence of the lack of conformity is exempt from reporting for twenty-four (24) months from the delivery of the goods.
b) Legal guarantee against hidden defects
The Company is liable for hidden defects in the item sold - defects which imprint on the use of the destination, or which reduce this use so much that the Customer would not have acquired it, or would have wanted it given less. price, if he had known - under the conditions provided for in articles 1641 and following of the Civil Code. This warranty does not cover damage, breakage or malfunctions resulting from non-observance of the precautions for use. Defects and deterioration of the Products delivered resulting from abnormal storage and / or conservation conditions at the Customer's premises, in particular in the event of an accident of any kind whatsoever, which cannot give rise to the guarantee owed by the Company.
As soon as the legal guarantee against hidden defects is activated, the Customer:
- benefit from a period of two (2) years to act from the discovery of the hidden defect.
- can choose between the resolution of the sale involving the reimbursement and return of the Product (s) or a reduction of the sale price in accordance with article 1642-1 of the Civil Code.
- must provide proof of the hidden defect.
If the item is defective or damaged upon receipt of the Product, the Customer therefore has the option of replacing the Product at no additional cost or a full refund of the purchase price.
In order to benefit from a full refund or replacement of the defective or damaged Product, the Customer must send his request to the address with the following completed form filled in as an attachment as well as several photos of the defective Product attesting to the facts.
This form is available from DIRECT LINK FORM
Depending on the Customer's address, the time required to receive the exchanged Product may vary.
Products on sale or in promotion are reimbursed at the price paid when placing an Order on the Site. The amounts deducted during the act of purchase by means of a promotional code and / or a price reduction following a promotion will not be refunded.
ARTICLE 14 - FORCE MAJEURE
In accordance with article 1218 of the Civil Code, are considered as force majeure or fortuitous events, events beyond the control of the parties, as cannot reasonably be required to foresee, and as cannot reasonably avoid or avoid overcoming, in to the extent that their occurrence makes the fulfillment of obligations completely impossible.
The occurrence of a case of force majeure automatically suspended from execution of the Order.
Beyond a period of ninety (90) calendar days, if the parties observe the persistence of the force majeure event, the Order may be canceled by one of the parties, and the sales contract terminated. To this end, the most diligent party must send the other a registered letter with acknowledgment of receipt denouncing the said sales contract. The effective date of the termination will be the date of the first presentation of the letter. In this case, neither party can claim damages, unless otherwise agreed by both parties.
ARTICLE 15 - INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. . No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be withdrawn at the Company's request.
Only the use of the Site for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.
Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes an infringement and is sanctioned under Intellectual Property without prior authorization.
ARTICLE 16 - PROCESSING OF PERSONAL DATA
The Company collects the Customer's data:
a) site for the purpose of processing and tracking the customer's order on its; (and or)
b) for the purpose of being able to contact you to propose various events relating to the Company, including in particular the updating of the Products and the management of the customer relationship; (and or)
c) for the purpose of collecting information enabling us to offer the site and our products (in particular by means of cookies). The data collected is processed by the contractual providers of the Site who are in charge of the packaging and distribution of the Products ordered as well as by the hosting provider of the company Wix Inc. whose servers are secured and protected by a screen. - fire.
The data collected are kept by the Company only for the time corresponding to the purposes of the above collection and which are not in case exceeding five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 known as the General Data Protection Regulation (RGPD) , the Customer benefiting from a right of access, modification, rectification, deletion or opposition for legitimate reasons, on his data.
The Customer can exercise his rights by e-mail to info.nouneatelier@gmail.com
ARTICLE 17 - COMMENTS AND OTHER PROPOSALS FROM USERS
If the client sends ideas, proposals, or other material, whether online, by email, by post, or otherwise (collectively, "comments"), at the request of the Company or not, the Client granted to the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use and in any media any comments that the Client sends to it.
The Company does not and should not be terms (1) of maintaining the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
The Company may monitor, modify or delete content that it considers, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally reprehensible, or which infringes any intellectual property or the General Conditions of Sale. .
The Client agrees to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or property rights. The Customer undertakes not to write in his comments any illegal, defamatory, offensive or obscene content, and that they do not contain computer viruses or other malicious software that could affect the operation of the Site or other sites. associated web. The Client agrees not to use a false e-mail address, pretend to be someone else, or try to mislead the Company and / or third parties as to the origin of his comments.
The Client is fully responsible for his published comments and their accuracy. The Company assumes no responsibility and declines any commitment vis-à-vis the comments published by the Client or third party.
ARTICLE 18 - APPLICABLE LAWS AND SETTLEMENT OF DISPUTES
The General Conditions of Sale are subject to the law of French law. The site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited or opposed, stolen or falsified bank card. In this context, no attempt at amicable conciliation will be accepted. The fact that a clause of these General Terms and Conditions of Sale becomes null and void cannot call into question the validity of the other stipulations and does not exempt the Customer from the performance of his contractual obligations. Indemnity: You will have to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, lawyers, suppliers and employees, to the 'immune from any claim or demand, including reasonable attorneys' fees and legal costs, charged by any third party as a result of or resulting from your use of the website or our products and services, your breach of the terms or for your breach of your acknowledgments, agreements, representations, warranties and obligations hereunder.
National or cross-border disputes which may arise to propose the validity, interpretation, execution or non-performance, interruption or termination of this contract, may be subject to mediation at Customer's request.
Mediator approved by the Consumer Mediation Assessment and Control Commission (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Customers, for a period of three ( 3) years from [05/01/2019].
The website of the European Commission describes the mediation process used and allows clients to submit a mediation request online along with supporting documents.
In particular, the dispute cannot be examined by the Mediator if:
- the Customer does not justify having tried, beforehand, to resolve his dispute directly with the Company by a written complaint,
- the request is manifestly unfounded or abusive,
- the dispute has been previously examined or is under examination by another mediator or by a court,
- the consumer has lodged his request with the mediator within a period of more than one from his written complaint to the Company,
- the dispute does not fall within its field of competence.
Mediation is free for the Client. If the Client has recourse, at any stage of the mediation, to a lawyer, to a third party of his choice or to an expert to defend him, he will bear the costs alone.
The Mediator may not receive any instructions from the parties or be remunerated according to the result.
Participation in mediation does not exclude the possibility of recourse to a court. The parties expressed free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is assigned to the competent French court.
The site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited bank card or in opposition, a stolen or falsified check. In this context, no attempt at amicable conciliation will be accepted.
The fact that a clause of these General Conditions of Sale becomes null and void cannot call into question the validity of the other stipulations and will not exempt the Customer from the execution of his contractual obligations.