TERMS AND CONDITIONS
On one hand, Luciana Nisizaki Fernandez, in the trade name “Nou Cami”, established at 8 Allée des Noisetiers – 90300 Offemont (France), with phone number (0)785246188 and email firstname.lastname@example.org, registered at the ‘Chambre de Métiers et de l’Artisanat du Territoire de Belfort’ with the SIRET number 827 623 117 00039. From here onwards referred as “Seller” or “Company”. On the other hand, the individual or corporation purchasing the company’s products, from here onwards referred as “Buyer,” or “Customer.” One or the other can be referred as Party, or Parties if named together.
It is set out and agreed:
The Seller is the hand-crafter of Origami jewellery and fabric accessories made for Buyers. The Seller operates via its websites (http://www.noucami.com and https://www.noucami.fr ). The Company’s list and description of products for sale can be found on the abovementioned sites.
Article 1: Object
These General Terms of Sale determine the rights and obligations of the Parties in connection with the online sale of products offered by the Seller.
Article 2: General provisions
These General Terms of Sale (GTS) apply to all the product sales, made via the Company’s websites that are an integral part of the Buyer-Seller Contract. They are fully accepted by the Buyer before placing any purchase order to the Seller.
The Seller reserves the right to modify the GTS, at any time by publishing a new version on its websites. The applicable GTS are those in effect on the date of payment of the purchase order. These GTS can be found on the Company’s websites at the following addresses: http://www.noucami.com and https://www.noucami.fr. The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation tick when the Buyer makes the purchase order. The Customer states that he has read all these General Terms of Sale and accepts them without restriction or reservation. The Customer acknowledges that s/he has received the necessary advice and information to ensure that the offer is adequate to her/his needs. The Customer declares that he can legally operate and contract under French law or validly represent the individual or legal entity to whom s/he represents. Unless there is evidence to the contrary, the information recorded by the Company is proof of all the transactions.
Article 3: Price
Prices of products sold through the Seller websites are listed in Euros all taxes included (VAT – other possible taxes), excluding delivery costs. Prices are specifically set out on the different products’ description pages. They are also listed in Euros all taxes included (VAT – other possible taxes) on the products purchase order page, excluding the shipping costs. Tariffs or other local taxes or import duties or state taxes may be payable in some cases. These taxes and/or duties are not within the Sellers’ purview. They will be the whole responsibility of the Buyer and s/he will be therefore accountable for all declarations and necessary payments to the competent authorities. The Seller invites the Buyer to inquire about these aspects with the corresponding local authorities prior to any purchase order to the Seller. The Company reserves the option to change its prices at any time in the future. The telecommunications costs required to access the Company’s websites are the full and only responsibility of the Customer. The Buyer is responsible for the payment of the purchase order’s shipping costs.
Article 4: Formalisation of the online Purchase contract / Purchase Orders
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the purchase contract electronically to complete her/his purchase order: 1) Information on the essential characteristics of the product. 2) Choice of the product(s). 3) Indication of the Customer’s essential contact information (full name, email, postal address, phone number). 4) Acceptance of these General Terms of Sale. 5) Checking the elements of the purchase order and, if necessary, correcting any data typed by the Customer. Before payment of her/his purchase order, the Buyer has the option to check the details of the purchase order, its total price and shipping costs. S/he has the chance to modify any quantity or product, or cancel the purchase order. Confirmation of the purchase order will legally bind the commercial contract between the Parties. The following steps will be instructions for payment, payment of the purchase order and then delivery of the purchase order. The Customer will receive the confirmation of the purchase order.
During the ordering process, the Customer will have the opportunity to identify and correct any errors s/he might have done while introducing her/his personal data. The language proposed for the conclusion of the contract is English.
The General Terms of Sale are available on the Seller’s websites.
Storage of all communications, purchase orders, details of the purchase orders is carried out on a reliable and durable medium in order to constitute a faithful and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be delivered as proof of the contract.
Purchase order delivery will take place at the address indicated by the Customer. To carry out the purchase order process. The Customer must provide truthful information. The Seller reserves the right to refuse any purchase order, for example with any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products
The essential characteristics of the products and their respective prices are available to the Buyer on the company’s websites. In accordance with Article L112-1 of the Consumer Code, the Buyer is informed of the prices and specific conditions of the sale before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is shown on the order confirmation page. The selling price of the product is the current one indicated on the day of the purchase order, which does not include the additional shipping costs. These shipping costs are informed to the Buyer before the confirmation of the purchase order. The Seller reserves the right to change its prices at any time, while guaranteeing the application of the price indicated at the time of the purchase order.
When products are in stock, clear information is given on the site about the estimated product delivery dates (“Deliveries and returns” page). The Customer recognizes having received details of the shipping costs as well as the terms of payment (“Secure payment” page), delivery and execution of the purchase order, as well as detailed information related to the Seller’s identity, address, telephone and email,. The Seller undertakes to grant the Customer’s purchase order within the limits of availability of products in stock only. If product availability fails, the Seller will inform the Customer about the expected delivery date for the products not in stock. If the purchase order has been placed, and if the Customer does not agree on the new delivery date, the Seller will refund the Customer for the products not available in stock.
Contractual information is presented in detail and in English. The Parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity of the product offer and their prices are specified on the Company’s websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products. Except for special circumstances, the rights granted under the purchase order are exclusively related to the physical person or legal entity that confirmed the purchase order (or in its absence, of the person or legal entity holding the communicated email address).
Article 6: Compliance
In accordance with Section L.411-1 of the Consumer Code, products and services offered for sale through these GTS meet current requirements relating to the safety and health of individuals, the legal frame of commercial transactions, and to the Buyer’s rights. Regardless of any commercial warranty, the Seller remains bound by lack of compliance and hidden defects of the product.
In accordance with Article L.217-4, the Seller delivers a product in accordance with the contract and responds to any non-compliance that exists at the time of issuance of the product. It also addresses non-compliance resulting from the packaging, when it has been carried out under the Seller’s responsibility.
In accordance with the legal provisions for compliance and hidden defects (s. 1641 v. civ.), the Seller will refund or exchange defective or wrongly delivered products. The refund can be requested as follows: please refer to Article 11 (Cancellation)
Article 7: Property Reserve Clause
The products remain the property of the Company until full payment of the purchase order.
Article 8: Delivery terms
Items will be shipped only after the payment has been received. The products are shipped to the delivery address that was registered in the purchase order. Delivery time is the one indicated by La Poste (French postal service). This time does not consider the preparation time of your order. Nou Cami reserves the right of refusing delivery in certain public places where delivery cannot be assured (hotels, schools, bars, restaurants, etc.). In this case, delivery can be made at the post office of the Customer’s choice. If the purchased products are in stock, orders are shipped in 48 hours (excluding weekends and holidays) through La Poste (French postal service). The shipment will be done after receiving the payment. If the purchased products are not in stock, please expect a maximum delay of 7 days (excluding weekends and public holidays) before shipment (more information on article 9 Availability and presentation).The standard shipping mode is the “Lettre Suivi” (tracked delivery), delivered for shipments with up to 3 products in the same purchase order. Orders of more than 3 products will be sent by “Colissimo suivi” with a tracking number number (contact us for more information on “Colissimo suivi” prices, email@example.com). If you want a shipment with signature upon delivery (“Lettre recommandée avec avis de reception”), an additional cost applies, please contact us as well). We will send you the tracking number of your package as soon as possible, so that you can track the delivery of your package online. Shipping costs include packaging, handling, and postage. We advise you to group your purchases into a single purchase order. We cannot group two separate purchase orders and you will have to pay the shipping costs for each one of them. Particular care is taken with shipments. In some cases the delivery time can be stretched out (before holiday seasons like Christmas, COVID-19 crisis, etc.). Please be patient. In the event of a delay in shipping of more than 30 days in relation to the delivery time indicated at the conclusion of the contract, the Customer may cancel the order, by certified letter with signature upon delivery (“Lettre recommandée avec avis de reception”), except in case of force majeure. The Seller then will proceed to refund of the product and the “go” shipping fees under the terms of Article L 138-3 of the Consumer Code. The provisions of Article L216-2 of the Consumer Code do not apply in the event of a delay in delivery attributable to the Customer and in particular in the event that the Customer or a designated third party is not available to receive the delivery or in the event that the Customer does not withdraw the order within the time of the product’s availability. Similarly, the provisions of Article L216-2 of the Consumer Code do not apply in the event of a delay related to an insurmountable and unpredictable event due to a third party in the Contract, which would tend to impede, delay or prevent the delivery of the products ordered to the Customer. The Seller provides a telephone contact number, indicated in the confirmation order email to ensure the follow-up of the order. The Seller reminds that when the Customer takes possession of the products physically, the risk of loss or damage to the products is transferred to him. It is up to the Customer to notify the carrier of any reservations about the delivered product.
Article 9: Availability and presentation
Orders will be processed within our available inventory. If an item is unavailable for more than seven (7) business days, you will be immediately notified of the expected delivery times. The order for this item may be cancelled on request. The Customer will then be able to claim a credit for the item or its full refund and the cancellation of the purchase order.
Article 10: Payment
Payment is due immediately on order, including pre-ordered products. Customers can make the payment by credit card (via Stripe or PayPal) and PayPal. Cards issued by banks outside France must be international credit cards.
Article 10.1: Payment by credit card: Secure online payment by credit card is made by our payment suppliers: Stripe or PayPal. The information transmitted is encrypted and cannot be read while the transaction is executed on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By disclosing her/his bank information at the time of the sale, the Customer authorizes the Seller to debit her/his card of the amount relating to the price indicated. The Customer confirms that s/he is indeed the legal holder of the debit card and that s/he is legally entitled to use it. In the event of an error, or the inability to charge the card, the Sale is immediately terminated and the purchase order is cancelled.
Article 10.2: Payment by PayPal: PayPal’s validation of the order encompasses paying also all taxes included in the order. The Customer’s account will be debited at the time of confirmation of the order, according to Article 4 (Purchase order).
The order will only be processed after receiving the full payment of the order. If the payment has not been completed within 10 days from the date of the purchase order, the purchase order will automatically be cancelled.
Article 11: Cancellation
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to cancel a purchase order without giving any reason, within fourteen (14) days of the date of receipt of her/his purchase order. The right of cancellation may be exercised by contacting the Company as follows:
The Customer will inform the Seller of her/his decision to cancel the purchase order by sending her/him, before expiration of the deadline provided for in Article L 221-5, an unambiguous statement expressing her/his willingness to cancel the order. The statement can be sent by “Lettre suivi” (tracked shipment) to the following address: Nou Cami, 8 Allée des Noisetiers, 90300 Offemont, France, or by email (firstname.lastname@example.org), using the cancelation form available at the end of this document. The Company informs Customers that, in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of cancellation cannot be exercised for purchase orders of any customized products manufactured at the Customer’s request and/or specifications. In the event of the exercise of the cancelation right within the aforementioned time frame, the price of the purchased product or products and the shipping costs will be refunded, the return shipping costs remaining at the Customer’s expense. The returns of the products are to be made in their complete original state (including closed packaging, accessories, instructions or documentation) so that they can be made available again for sale in their original state. If possible, returned products should be accompanied by a copy of the purchase order.. Refunds procedure: The price of the purchased product or products and the shipping costs will be refunded no later than fourteen (14) days from the day the Seller is informed of the Customer’s cancellation decision, communicated by one of the abovementioned methods. The Seller may defer the refund until s/he has received back the cancelled products, taking into account for the cancellation the date of reception of the product/s. The Customer must deliver at hand or ship the cancelled products no later than fourteen (14) days after the Customer has communicated the Seller her/his decision to cancel the order. This deadline is deemed to be met if the Customer returns the cancelled products before the 14-day period expires. The return shipping costs remain at the Customer’s expense.
Article 12: Warranty
In accordance with the law, the Seller assumes the following guarantees: related to hidden defects of the products. The warranty does not cover damages resulting from accidents, misuse, negligence, or significant change in appearance of the product. The Seller will refund the Buyer or will exchange the product(s) that appear to be defective or do not correspond to the purchase order made. The claim must be made as follows:
- Contact the Seller by email to email@example.com or by mail to the following address Nou Cami, 8 Allée des Noisetiers, 90300 Offemont (France). The Customer will describe the subject of the claim and add photos that show the default(s) in the product(s). The Seller will determine if the Customer has the right of a warranty claim, and will give a response to the Customer in regards of the terms of the warranty terms.
- Return policy. After receiving a written agreement from the Seller and obtaining a return number, the product will have to be sent by the Customer in its original state and packaging, placing it in a protective container (envelope or box) allowing maximum protection of the item. The return number provided by the Seller must be clearly written on the package. The Seller cannot be required to provide the return packaging or to pay it to the Customer.
- In the case of a request of a refund of a damaged product, it may only be granted after the examination of the product by the Seller and her/his written agreement, which cannot occur later than 30 (thirty) days after reception of the product.
- Products returned by mail or transport agency without physical protection or poorly protected will not be eligible for warranty, as well as damaged, worn or dirty products. The Customer must take care to protect and ensure the returned products are in very good conditions when they are shipped.
- It is the Customer’s responsibility to keep the packaging and accessories supplied with the product as well as any eventual labels sticked to the product or its packaging, which are necessary to benefit from the warranty.
The Seller recalls that the Buyer: – has a period of 2 years from the delivery of the product to contact the Seller in case of faulty product – that in case of faulty product, s/he can choose between a product replacement or having the faulty product repaired subject to the conditions provided on the above provisions. Apparently defective or unsuitable – that it is exempt to prove the existence of lack of compliance of the product during the six months following the delivery of the product. – that, except for goods on sale, warranty period is set to 24 months from delivery, starting on 18 March 2016 – that the Buyer can also claim the warranty against hidden defects of the product sold within the frame of Article 1641 of the Civil Code and, in this case, s/he can choose between the cancellation of the order or request a reduction in the price of the product sold (provisions of articles 1644 of the Civil Code).
Article 13: Claims and Mediation
If applicable, the Buyer can make a complaint by contacting the company by mail to the following address: Nou Cami, 8 Allée des Noisetiers, 90300 Offemont (France), or by email at firstname.lastname@example.org. Regarding a claim procedure, the Customer will have to follow the same process stated in Article 12 (Warranty).
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the Buyer is informed that he can use a Buyer mediator under the conditions provided by Title I of Book VI of the Consumer Code.
In case of lack of response from the Seller, or if the Seller’s Customer service does not respond not later than two months from the date of the claim, the Buyer may submit the dispute to a mediator who will independently do its best endeavours to make the Parties agree on an amicable solution.
Purchase order can be terminated by the Buyer by “Lettre reccommandé avec avis de réception” (with signature upon delivery), in the following cases: delivery of a product that is not according to the characteristics of the purchase order; delivery exceeding the deadline set for the order or, if the order is not dated, within thirty days from the date of payment of the order; unjustified price increases or product modifications. In these cases, the Buyer may request the refund of the down payment plus interests calculated at the statutory rate from the date the down payment is collected.
Article 14: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is carried out through these CGVs. Full or partial reproduction, modification or use of these property rights for any reason is strictly prohibited.
Article 15: Force majeure
The performance of the Seller’s obligations stated in these General Terms of Sale is suspended in the event of a fortuitous or force majeure case that would prevent its execution. The Seller will notify the Customer of the occurrence of such an event as soon as possible.
Article 16: Nullity and contract modification
If one of the stipulations of this contract were cancelled, this nullity would not result in the nullity of the other stipulations that will remain in effect between the Parties. Any contractual change is valid only after a written agreement signed by the Parties.
Article 17: Personal data protection
In accordance with the 2016/679 Regulations of April 27, 2016 relating to the protection of individuals with respect to the processing of personal data and the free movement of that personal data, the Seller sets up a personal data collection process that is intended to sell and deliver products defined in this contract. The Buyer is informed of the following: – the identity and contact information of the person in charge of the processing: the Seller, as indicated at the top of these CGVs; – the contact information of the data protection delegate: contractual enforcement – the legal basis of the treatment: the recipients or categories of recipients of personal data, if they exist: the person in charge of the processing, its marketing services, IT security services, sales, delivery and ordering services, subcontractors involved in delivery and sales operations, and any authority legally authorized to access the personal data in question – no transfer outside the EU is provided – the duration of the data retention: the time of the commercial prescription – the person concerned has the right to ask the person in charge of the personal data, the correction or erasure of this data, or a limitation of the treatment of the Customer concerned, or the right to object to the processing and the right to cession or transfer of the data – The Customer concerned has the right to make a claim to a supervisory authority – the information requested during the order is necessary for the issuance of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order will not be placed. No automated decisions or profiling are implemented through the ordering process.
More information on the “Confidentiality policy” page.
Article 18: Applicable law
All clauses in these General Terms of Sale, as well as all the purchase and sale transactions covered by them, will be subject to French law.
The nullity of a contractual clause does not result in the nullity of these terms and conditions of sale.
Article 19: Consumer Information
For Buyer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The Seller is bound by the guarantee regarding hidden defects of the product sold which makes it unsuitable for the purpose for which it is intended, or which diminishes the purpose to such an extent that the Buyer would not have acquired it, or would have purchased it only at a lower price, if s/he had known them.
Article 1648 of the Civil Code: The action resulting from the defects must be brought by the Purchaser within two years of the discovery of the defect.
In the case of Article 1642-1, the action must be brought, barely foreclosure, within one year of the date on which the Seller may be relieved of apparent defects or non-compliance.
Article L. 217-4 of the Consumer Code: The Seller delivers a product in accordance with the contract and responds to any non-compliance that exists at the time of issuance.
It also addresses compliance defects resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code: The product complies with the contract:
1st – If it is suitable for the usually expected use of a similar product and, if so:
– if it corresponds to the description given by the Seller and has the qualities that the Seller has presented to the Buyer in the form of a sample or model;
– if it presents the qualities that the Buyer can legitimately expect in view of the public statements made by the Seller, the manufacturer or her/his representative, especially in advertising or labelling;
2nd – Or if it has the characteristics defined by the Parties or is specific to any special use sought by the Buyer, brought to the Seller’s knowledge and which the Seller has accepted.
Article L. 217-12 of the Consumer Code: Action resulting from non-compliance is prescribed after two years from the delivery of the product.
Article L. 217-16 of the Consumer Code: When the Buyer asks the Seller, during the course of the commercial warranty granted to her/him at the time of the acquisition or repair of a product, a refurbishment of the product covered by the guarantee, any period of downtime of at least seven days is added to the duration of the warranty that remained to run. This period runs from the Buyer’s request for intervention or to the provision for repair of the product in question, if this provision is after the request for intervention.
(Please complete and return this form only if you wish to withdraw from the contract.)
To : Nou Cami, 8 Allée des Noisetiers, 90300 Offemont (France). Also reachable by email at: email@example.com
I/we here notify/notify you of my/our retraction of the contract for the sale of the product below:
∗ Order number……………… / received on XX/XX/XXXX
∗ Name of the Customer:……………………………………………………………………
∗ Address of the Customer:……………………………………………………………………………………………………………
Signature of the Customers (only if this form is notified on paper):
∗ Date: XX/XX/XXXX
(*) Delete the unnecessary information.
Seller’s note: our Terms and Conditions of Sale have been developed from a free template in French that can be downloaded from the https://www.donneespersonnelles.fr/ website”