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These conditions are concluded between:
The company ETHIC CREATION Limited Liability Company with capital of €40,000
Whose registered office is Kerhudal – 44350 Saint Molf Registered with the RCS of SAINT NAZAIRE under number 512 879 289.
The CNIL declaration number: 1474514.
Hereinafter referred to as ETHIC CREATION AND people wishing to make a purchase via the Nohèm website https://www.nohem.com.
Hereinafter referred to as THE CUSTOMER These General Conditions of Sale are drafted in such a way that they only apply to Buyers who can be qualified as consumers within the meaning of positive law. In this regard, ETHIC CREATION undertakes to respect all the provisions of the Consumer Code relating to distance selling.
The parties agree that these conditions of sale, available on the day of purchase, exclusively govern their relationship.
If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector.
These conditions aim to define the terms of sale between ETHIC CREATION and THE CUSTOMER.
These conditions relate exclusively to non-trading natural persons who can be qualified as consumers within the meaning of positive law.
THE CUSTOMER registers his order online from the online catalog.
The order can only be registered on the site if THE CUSTOMER has clearly identified himself by entering his customer code and his password which are strictly personal to him.
Any CUSTOMER of the site who does not have a customer number must follow a registration procedure allowing him to obtain his customer number. This number is personal. Any loss or omission must be reported to the services of ETHIC CREATION as soon as possible by contacting Customer Service by completing the contact form from the site; or by calling 02 40 42 09 05 (cost of a local call).
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
THE CUSTOMER has the possibility of modifying his basket before the final validation, this last step formalizing the sales contract between ETHIC CREATION and THE CUSTOMER. ETHIC CREATION undertakes to honor orders received on the website only within the limits of available product stocks. If the product is not available, ETHIC CREATION undertakes to inform THE CUSTOMER.
In certain cases, in particular non-payment, incorrect address or other problem on the CLIENT's account, ETHIC CREATION reserves the right to block the CLIENT's order until the problem is resolved.
Parcels may be dispatched territorially in France, in the DOM TOM, in Monaco, as well as in Europe. In the latter case, THE CUSTOMER must refer to the delivery section of the Services area to find out about the shipping methods and costs.
Orders are delivered either via the “Colissimo 48H” or “CHRONOPOST” services which are provided by La Poste.
The delivery time is taken into account from the delivery of your package to La Poste (Count a period of 2 to 4 days after placing the order to receive your package).
Ex: an order placed on Monday before 12 noon will be delivered to you between Tuesday and Thursday. An order placed after 12:00 p.m. will be delivered between Wednesday and Friday. An order placed on Saturday or Sunday will be delivered between Tuesday and Thursday.
Delivery operations are at the expense and risk of ETHIC CREATION, which assumes all costs.
THE CUSTOMER has the choice to pay for his purchases:
– Online ordering by credit card:
THE CUSTOMER can pay for his order by Carte Bleue, e-cartebleue, Visa, Mastercard.
The CLIENT's account will only be debited when items in stock are dispatched. In the event of exhausted or unavailable products, the debit will only be made for the amount of the products actually sent.
Prices are quoted in euros all taxes included.
These prices are exclusive of the flat-rate contribution to the processing costs (shipping, packaging and making up of the package according to the amounts in force).
They take into account the VAT applicable on the day of the order. Any change in the applicable rate may be passed on to the prices of the products. However, the prices cannot be modified once the customer's order has been validated.
Similarly, if one or more taxes or contributions, in particular environmental, were to be created or modified, this change may be passed on to the sale price of the items present on the ETHIC CREATION site and sales documents.
The prices indicated on the site are guaranteed for the duration of online publication and within the limit of available stocks.
THE CUSTOMER must also pay a lump sum corresponding to a participation in the costs of processing the order, the amount of which will be specified on the order form before validation of the latter.
Pursuant to the provisions of Article L. 121-20 of the Consumer Code, THE CUSTOMER has a period of seven clear days from the delivery of his order to return the delivered item for exchange or refund. , at the choice of the buyer, without penalties except for the cost of return.
All items can be exchanged or refunded except in particular those whose original packaging has been removed, damaged, altered, etc.
The request for exchange by THE CUSTOMER must be made within 15 days from the date of receipt or withdrawal of the package. If the new order is for a higher amount, THE CUSTOMER must enclose payment of the remainder with the exchange request. Conversely, if the amount of the exchange is less than the initial amount, THE CUSTOMER will receive upon receipt of the request a letter-cheque or a credit note for reimbursement of the difference. THE CUSTOMER may also be reimbursed for the difference by bank transfer subject to having expressly mentioned this in his request and having previously provided a Bank Identity Statement.
All items are subject to a legal guarantee of conformity (L 211-4 al 1 of the Consumer Code) and a guarantee against hidden defects (articles 1641 and following of the Civil Code) allowing it to return defective items delivered. Except in the event of the application of the legal guarantee, any transaction between ETHIC CREATION and THE CUSTOMERS, not disputed within 6 months, cannot give rise to a claim.
– Article L211-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
– Article L211-5 of the Consumer Code: “To comply with the contract, the goods must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
– Article L211-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
– Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired, or would have given only a lesser price, if he had known them. »
– Article 1648 al 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
In all cases, the online provision of the credit card number and the final validation of the order will be worth proof of the entirety of the said order in accordance with the provisions of articles 1316 to 1316-3 of the Civil Code and will be worth payment of the sums committed. by entering the items listed on the order form.
This validation is worth signature and express acceptance of all the operations carried out on the site. However, in the event of fraudulent use of his bank card, THE CUSTOMER is invited, as soon as this use is observed, to contact ETHIC CREATION customer service by calling 02 40 42 09 06 (Cost of a local call or the following address: firstname.lastname@example.org.
8.1 – RESPONSIBILITY
The company ETHIC CREATION has for all the stages of order taking as well as for the stages after the conclusion of the contract an obligation of result.
Thus ETHIC CREATION undertakes to describe with the greatest accuracy the products sold on its website. On the other hand, ETHIC CREATION cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable event of a third party to the contract or to a case of force majeure as defined by French case law. . Similarly, ETHIC CREATION cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
8.2 – PERSONAL DATA
By indicating to ETHIC CREATION, his e-mail THE CUSTOMER will be able to receive an order confirmation. Depending on the choice made when creating or consulting their account, THE CUSTOMER may receive offers from ETHIC CREATION by email, as indicated when creating their account.
It is the responsibility of ETHIC CREATION to ensure that the personal data it has is correct and up to date and that is why, in accordance with article 32 of law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms amended by law n°2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data, CUSTOMERS have a right access, modification and deletion of information concerning them, and can exercise at any time with ETHIC CREATION:
– Either directly on the Internet in “my customer area / I modify my personal details”: check “I am no longer interested in offers and no longer wish to receive them”
– Either by mail by checking the box on the order form or by writing to ETHIC CREATION – Customer Relations Service – Route de la Croix Moriau 44350 GUERANDE, indicating your surname, first name, e-mail address and if possible your customer reference.
THE CUSTOMER is informed that this automated processing of information, in particular the management of e-mail addresses, has been declared to the CNIL under number […..] of […..]. ETHIC CREATION implements all means to ensure the confidentiality and security of data transmitted on the web. As such, the website uses a secure payment method such as 3D Secure.
As part of the quality monitoring and training of our customer service, some calls may be recorded.
All elements of the ETHIC CREATION site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
Thus, none of the documents from the ETHIC CREATION site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever, except under the following conditions: it is possible to download a copy of the documents on a computer for personal use and only for non-commercial purposes, provided that the information is not modified and that the copyrights and other proprietary notices are kept intact. The modification of these documents or their use for another purpose constitutes an infringement of the intellectual property rights of ETHIC CREATION.
THE CUSTOMER who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the "homepage" of the ETHIC CREATION site, must request authorization from the company ETHIC CREATION. It will not be in any way an implicit agreement of affiliation.
On the other hand, any hypertext link referring to the ETHIC CREATION site and using the technique of "framing" or "in-line linking" is strictly prohibited.
In all cases, any link must be removed on simple request from the company ETHIC CREATION.
The trademarks, logos, designs and models appearing on this site are the exclusive property of ETHIC CREATION. Their disclosure can in no way be interpreted as granting any license or right to use any of the said trademarks and distinctive elements protected by copyright. They cannot therefore be used under penalty of being sued for counterfeiting.
In the event that one of the clauses of this contract would be null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and respect of these general conditions of sale.
Furthermore, these general conditions of sale may be modified according to the evolution of French positive law.
These conditions apply for the entire duration of the online services offered by the company ETHIC CREATION.
The computerized registers, kept in the computer systems of ETHIC CREATION and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the civil code.
These conditions are subject to French law. The competent court in the event of a dispute will be that of the place of residence of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the product. This site complies with French legislation, and under no circumstances does ETHIC CREATION give any guarantee of compliance with the local legislation that would be applicable, as soon as THE CUSTOMER accesses the site from other countries.
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