The following provisions establish the general conditions of sale of the products offered by NAIRII on its website at the following address: nairii.com. NAIRII is a SAS (Simplified Joint Stock Company) with a capital of (three thousand) €3,000 whose registered office is located at 12 rue Godefroy Cavaignac 75011 Paris and is registered with the Paris Trade and Companies Register under the SIREN number 853 398 899 and intra-community VAT FR49853398899.
NAIRII SAS reserves the right to adapt or modify these terms and conditions at any time, the version of the general conditions of sale applicable to any transaction being that appearing online on the nairii.com site at the time of the order. Consequently, placing an order implies full acceptance, without reservation, of these conditions.
The Site is hosted in France and provided by the company
O2SWITCH, 222-224 Boulevard Gustave Flaubert 63000 Clermont-Ferrand, SAS with capital of €100,000,
NAIRII SAS sells “NAIRII” brand products on the Internet.
ARTICLE 1: OBJECT
These conditions are intended to define the terms of sale between NAIRII SAS and the customer, from the order to the services, including payment and delivery. They regulate all the steps necessary for placing the order and ensure the follow-up of this order between the contracting parties. When registering the Customer's personal data, the latter must ensure the accuracy and completeness of the data he provides. In the event of an error in the wording of the recipient's contact details, NAIRII SAS cannot be held responsible for the impossibility of delivering the product.
ARTICLE 2 – PRODUCTS
NAIRII SAS aims to offer for sale its own creations and other fashion accessories within the limits of available stocks. These products are those listed for sale on the day of consultation by the user. When the product is unavailable, it is displayed on the site, otherwise, in the event of an error, NAIRII undertakes to notify the customer by e-mail as soon as possible. If the product has already been paid for, NAIRII undertakes to reimburse the customer for the price of the item. NAIRII SAS takes the greatest care in the presentation and description of these products. However, it is possible that non-substantial errors may appear on the Site. However, if errors or omissions may have occurred in this presentation, NAIRII cannot be held liable. The photographs and texts illustrating the products do not enter into the contractual field.
ARTICLE 3 – ORDER
REGISTRATION OF AN ORDER: The customer who places an order directly on the nairii.com site must follow the following procedure:
The customer will choose the different products in which he is interested and will successively click on the link "Add to card / Add to my basket".
At any time, he will have the possibility: Either to obtain a summary of the selected products by clicking on the link “My Card / My basket” or to continue his purchases. The customer will complete his order by clicking on “Checkout / Payment”.
In order to correctly validate his order, he then specifies the delivery method chosen according to the country. The order can only be registered on the site if the customer has clearly provided his surname, first name and e-mail address and delivery address which are strictly personal to him.
Then the user will have to choose between payment by credit card and fill in the appropriate data for the payment method chosen.
A summary of his order will then appear summarizing: the nature, quantity and price of the products selected by the user, as well as the method of payment chosen, the user's contact details and the delivery address of the package.
Any order implies acceptance of the prices and description of the products available for sale.
VALIDATION OF THE ORDER: The order is validated once all the fields have been completed by the customer and the button "Pay now / Validate". NAIRII will acknowledge receipt of the order upon validation by email.
ARTICLE 4 – PRICE
The prices are indicated in Euro including VAT. They take into account the French VAT, applicable on the day of the order. If the VAT rate were to change, these changes would be reflected in the price of the items.
NAIRII SAS reserves the right to modify its prices at any time. However, these prices could not be modified once the order has been validated. The prices indicated do not take into account the shipping costs which will be added to the total of the order and will be specified to the customer during the final validation of his order. Its amount depends on the country of delivery. Customs clearance, payment of various duties or taxes are the responsibility of the customer.
The products remain the property of NAIRII SAS until full payment of the price.
NAIRII SAS reserves the right to offer certain reductions on its products. Discounts are not cumulative, unless otherwise stated.
ARTICLE 5 – TERMS OF PAYMENT AND SECURITY OF TRANSACTIONS
The products are payable in cash on the day of the actual order. The Customer's account will be debited immediately.
In order to ensure payment security, the nairii.com site uses the secure payment service of E-transactions which use the SSL protocol (3 DSecure) so that the information transmitted is encrypted by software and that no third party cannot read it during transport on the Internet.
Payment will be made on the Internet on the nairii.com site by the user's Bank Card (Blue, Visa, Eurocard/Mastercard). In any case, NAIRII SAS reserves the right to refuse any order or any delivery in the event of an existing dispute with the customer, total or partial non-payment of an order, payment by credit card refused or for reasons other than NAIRII SAS will reserve the right to explain to its client. The responsibility of NAIRII SAS can then in no case be engaged in this respect.
When the order is validated, the payment request is routed in real time to the secure remote payment manager. The online payment manager issues an electronic certificate. The data recorded and stored by NAIRII SAS constitutes proof of the order and of all past transactions. The data recorded by Stripe constitutes proof of financial transactions.
NAIRII SAS is not responsible for the Stripe.com sites, NAIRII SAS can in no way be held responsible by the Customer for the consequences of improper use of the Stripe.com site on his part, nor for the inaccessibility of these sites. if the eventuality were to arise.
ARTICLE 6 – DELIVERY
The preparation time is not included in the delivery time. Orders are prepared subject to availability within two (2) working days minimum.
Order preparation times may be extended exceptionally in the following cases: peak activity period (eg Christmas, sales), temporary stock shortages, force majeure. NAIRII SAS then undertakes to notify the Customer in advance by e-mail. If for any other reason a delay in order preparation is observed, NAIRII SAS undertakes to inform the Customer as soon as possible.
In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the delivery address (such as, in particular: street number, building, staircase, access codes , names and/or intercom numbers, etc.).
The delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ). Delivery cannot be made to hotels or PO boxes.
NAIRII SAS cannot be held responsible for the consequences due to a delay in delivery not being its fault.
Deliveries are made by the Post Office, Monday to Saturday.
The delivery times indicated are indicative times from the day following that of the validation by the customer of his order and correspond to the processing and delivery times of the products. Under no circumstances can they be enforceable, but in the event of an unusual delay, an email will be sent to you. NAIRII SAS therefore declines all responsibility in the event of excessive delivery time due to postal services or means of transport, as well as in the event of loss of products ordered or strikes. The risks of transport are borne by the customer, who must make a reasoned protest to the postal services or to the carrier, within three working days of delivery.
That said, despite all the care taken by NAIRII SAS in the preparation of packages, it is possible that a product is missing. Similarly, after transporting the package, one of the products may prove to be defective. This is why, upon receipt of his order, the customer will make sure to check the conformity of the products received. Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, or damaged products) must imperatively be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature and be notified, the same day of receipt or at the latest the first working day following receipt, to NAIRII customer service by email at email@example.com.
Any complaint made after this period will be rejected and NAIRII SAS will be released from all liability. NAIRII SAS reserves the right to ask the customer to return the defective product.
If the aforementioned conditions are met, NAIRII SAS will then exchange, refund the defective Product(s), or reship the missing product (subject to the merits of the Buyer's request) .
ARTICLE 7 – DELIVERY TIMES AND RATES
The times indicated are the indicative delivery times of our carriers in working days added to the manufacturing time. All prices are in euros. The tracked colissimo is delivered by La Poste in 2 to 8 working days (for metropolitan France). It is delivered to the delivery address indicated on your order form.
In case of absence, the postman leaves you a delivery notice, indicating the conditions of withdrawal of your package (place and time). The time limits for proceedings are generally 15 days. You can follow the progress of your parcel on the website www.coliposte.net.
In order to have your colissimo number, please send an email to firstname.lastname@example.org specifying your name, first name and order number. If you have not received your tracked colissimo after 10 days and no delivery notice has been left for you, remember to check the status of your package on the coliposte website (and contact us by email email@example.com)
Damaged package: We ask that you do not receive a damaged package (cardboard with visible traces of opening and/or deterioration): it must be refused. Indeed, the packages leaving the NAIRII SAS warehouses are always impeccable, and must be delivered to you in this condition. If a damaged package has been left in your mailbox or your caretaker has received it, the package is considered "accepted as is". If no reservation has been made, we will not be able to take into account any disappearances, nor to proceed with compensation.
ARTICLE 8 – REFUNDS AND RETURNS
Exchanges or refunds can only be requested for products purchased on the Site and delivered in Metropolitan France under the following restrictive conditions:
– within fourteen (14) calendar days following the date of receipt of the package
– the products must be returned accompanied by their purchase invoice, the delivery note
– in their original condition and in their original packaging
to the following address (with the return number written on the package):
NAIRII SAS / Returns: 212 AVENUE ARISTIDE BRIAND 92220 BAGNEUX, France
The transport costs incurred (in Metropolitan France) by the return of the products are borne by NAIRII SAS.
To make a return, it is essential that the customer makes a return request by email to firstname.lastname@example.org in order to obtain a return authorization. NAIRII SAS will refuse any damaged item that has not been the subject of comments or express reservations by the customer upon delivery.
To be accepted by NAIRII SAS, items must be returned in their original condition without having been worn. Only items returned in their original packaging will be accepted. Consequently, returns of worn items, NAIRII SAS thus reserves the right to accept or refuse the returned item depending on its qualitative condition. All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided for by articles 1641 and following of the Civil Code. The user benefits for the articles from a guarantee allowing him to return the defective articles delivered in accordance with articles L 211-4 and following of the Consumer Code.
Exchange: All items on the nairii.com site are exchangeable subject to stock availability. All you have to do is mention the item you want in exchange when you request a return. We will accept it upon receipt of your return, subject to availability. If the new order is for a higher amount, the customer must enclose payment of the balance by check with the exchange request. Conversely, if the amount of the exchange is less than the initial amount, the customer will receive a refund of the difference directly to their bank account.
To return an item (for exchange or refund), simply follow these instructions:
Email email@example.com and wait for return authorization.
– The return voucher will be sent by email to the customer by NAIRII SAS, in order to send him a stamped transport label to be printed and attached to the return box.
– Use the original packaging to return the product.
– Send your package to the following address: NAIRII SAS / Returns 212 AVENUE ARISTIDE BRIAND 92220 BAGNEUX, France.
From the receipt of the product(s) returned by the Customer, if the goods conform to the goods shipped, NAIRII SAS will refund the order within 30 days to the Customer's bank account which has used to pay for his order.
If the Customer fails to comply with these return conditions, NAIRII SAS will not be able to refund the Products concerned.
ARTICLE 9 – INTELLECTUAL PROPERTY
All elements of the NAIRII SAS site such as products, visuals, including the underlying technology, are protected and any fraudulent use will be prosecuted. They are the exclusive property of NAIRII SAS. The user who has a website for personal use and who wishes to place, for personal use, on his site a simple link directly to the NAIRII SAS site, must first seek the authorization of NAIRII SAS. On the other hand, any hypertext link referring to the NAIRII SAS site and using in particular the technique of framing, deep-linking, in-line linking or any other deep linking technique is in any case strictly prohibited. In any case, any link, even tacitly authorized, must be removed on simple request from NAIRII SAS. Hypertext links may refer to sites other than nairii.com. The latter disclaims all liability in the event that the content of these sites contravenes the laws and regulations in force.
ARTICLE 10 – COMPUTER AND FREEDOMS
NAIRII SAS, for the purposes of its activity, reserves the right to collect personal data relating to users of the site, in particular by means of "cookie". The consumer acknowledges having knowledge of it. To this end, the automated processing of information, in particular the management of user e-mail addresses, has been declared to the CNIL under number 1840453. In all cases, and in accordance with the law of 6 January 1978, the consumer also has a right of access and rectification with regard to any information concerning him appearing in the files of the company NAIRII SAS. Any customer of the site may at any time object to the commercial use of said data and also has the right to access, rectify and delete data concerning him, directly on the Internet via the contact section of the site.
ARTICLE 11 – SIGNATURE AND PROOF
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 the law of March 13, 2000 and will be worth payment of the sums committed by the seizure items listed on the purchase order. 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 credit card, the customer is invited, as soon as this use is observed, to contact NAIRII SAS customer service by sending an email to firstname.lastname@example.org. The computerized registers, kept in the computer systems of NAIRII SAS and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. In all cases, the validation of the order, that the payment is made by credit card directly on the site is worth signature and express acceptance of all the operations carried out on the site.
ARTICLE 12 – CUSTOMS DUTIES
Any order placed on the site and delivered outside of France may be subject to any taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of an item are the responsibility of the customer and are his responsibility. NAIRII SAS is not required to check and inform its customers of applicable customs duties and taxes. To know them, it is up to the member to inquire with the competent authorities of his country.
Disputes/ APPLICABLE LAW The language of these general conditions of sale is French. This agreement is subject to French law. And in the event of a dispute with a customer, the French courts will have sole jurisdiction.
ARTICLE 13 - ENTIRE AGREEMENT
These general conditions of sale and the order summary sent to the customer form a contractual whole and constitute the entirety of the contractual relations between the parties.
In accordance with Ordinance 2005-136 of February 17, 2005 of the Consumer Code / Civil Code, here is reproduced all the applicable texts:
Art. L.211-4. 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.
Art. L.211-5. of the Consumer Code: To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable: a) correspond to the description given by the seller and have the qualities that the latter has presented to the Client in the form of a sample or model; b) present the qualities that a Customer 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 Customer, brought to the attention of the seller and which the latter has accepted.
Art. L.211-12. of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Art. 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 so diminish this use that the Customer would not have acquired it. , or would have paid less if he had known them.
Art. 1648 paragraph 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.