Terms of service
You are currently logged into one of the sites administered by NADA. The purpose of this document is to inform you about NADA and its general conditions of online sale (Contractual Conditions). You must carefully read the following provisions, as they constitute an electronic contract establishing the general conditions of sale of the NADA electronic store. The validation of your order form will constitute irrevocable acceptance of these Contractual Conditions when your order has been validated. As a result, you can only order products and / or services if you agree to all the conditions provided below. The Internet user (natural person having the capacity to contract) and NADA are hereinafter referred to as "the parties", and individually "the party".
In this contract, each of the expressions mentioned below shall be understood within the meaning of its definition, namely:
- "The company": NADA
- "Distance contract": any contract concerning the ordering of products and / or services concluded between the company (*) and a customer (*) within the framework of a system of sale or provision of services at distance organized by the company (*) which, for this contract, uses exclusively the Internet network until the conclusion of the contract, including the conclusion of the contract itself.
- "Client": any natural person who, in this contract, acts as an individual or as a representative of a legal person and who has the right to contract.
- "Purchase order": document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by him by "double click" (*) to engage him.
- "Order": act by which the customer undertakes to purchase products and / or services and the company (*) to deliver them and / or provide them.
- "Product": good sold or service provided by the company.
- "Double click": reiteration of the validation of the Purchase Order by the customer. An order form completed and validated the first time is never taken into account without the customer's confirmation. This confirmation can be done through a checkbox accepting the Contractual Conditions, or an order confirmation message.
Name: NADA- Siren: 450929377 - Not subject to VAT - Address: 5 rue Sivel 75014 Paris - Telephone: + 33 (0) 6 12 58 54 11 - Email address: email@example.com
This contract is an electronic distance sales contract which aims to define the rights and obligations of the parties in the context of the sale of products offered by NADA. In this sense, it complies with the French regulations in force, namely:
Law 2004-575 known as the Law for Confidence in the Digital Economy. - Law 2008-3 of January 3, 2008 for the development of competition in the service of consumers.
Recommendation 07-02 of the Unfair Terms Committee, relating to contracts for the sale of movable property concluded over the internet It also complies with the recommendations of the OECD in the field of electronic commerce.
Protection of minors
Protection of minors Our company attaches particular importance to the protection of minors in the context of its online business activity. Although minors can act alone in cases where the law or custom authorizes them to act alone (art. 389-3 c. Civ.), And this in particular for low value purchases, it seems essential to us to 'try by any means to verify that the client has the power to contract. To this end, we may ask any customer ordering on our site to justify his capacity to contract, in compliance with the obligations related to Law 78-17 as amended. In the event that a purchase is made by a person who does not have the legal capacity to contract, we advise the legal representatives of that person to rescind (cancel) the sale under article 1305 of the Civil Code.
The products offered by NADA are presented on French language sites. Any national of the European Community and of countries complying with Directive 95/46 / EC cannot assert his linguistic ignorance as a contract cancellation clause.
The products offered for direct sale by NADA are those which appear on the site www.nada.paris, on the day of the consultation of said site by the Internet user, and within the limits of available stocks.
The illustrations presented on the site reflect the products for sale on it, except in the limiting cases inherent in the technical characteristics of the Internet (resolution and colors of the Internet user's screen ...). The photographs and texts illustrating the products are not contractual. If these photographs and / or texts were incorrect, NADA could not be held liable for this.
Due to the specific nature of the Internet network, the company does not guarantee the availability of all products on its site in real time. In the event of temporary or permanent unavailability of one of the products, the company will inform Internet users through its site or by sending an email to a valid email address provided by the customer. The company will then offer you the replacement of the product ordered by an equivalent product (quality and price), or a credit note.
The prices of the products can be modified at any time by the company, with the exception of any sale of a product concluded for the price displayed on www.nada.paris.
The prices mentioned are in Euros (€), presented including VAT and include the costs associated with processing orders.
The delivery rates are the responsibility of the customer, unless otherwise stipulated during the ordering process. The different delivery options (accompanied by their prices) are presented during the ordering process and specified in the summary thereof. Payment of the full price must be made before shipping the products, unless otherwise specified during the ordering process and mentioned on the invoice.
In the event of delivery of products outside of France, customs taxes and formalities are the sole responsibility of the Customer, unless otherwise indicated. The Customer then undertakes to check the possibilities of importing the products ordered with regard to the territory of the country of delivery.
Order and payment
Any order form signed by the Customer by "double click" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in this contract in the articles "Right of withdrawal" and "Execution of the order". Any agreement to a quote sent by email to the customer and returned to NADA with an explicit agreement also constitutes irrevocable acceptance. The ordering process complies with the provisions of article 1369-5 of the Civil Code.
- Any internet user wishing to validate his order must identify himself by completing the appropriate form provided on www.nada.paris. This identification is done in strict compliance with Law 78-17 as amended as indicated in our section "Data Protection".
- After having checked the content of his order, as well as the total cost thereof (products ordered, shipping costs, possible eco-participation, optional options), and corrected any errors, the Internet user will confirm it definitively. . This confirmation will be worth conclusion of the contract.
- The contractual information will be the subject of a confirmation email sent to the customer at the latest at the end of the withdrawal period and subject to the provision by the customer of a valid email address, not subject to 'no restrictions on use (professional email address for example). In this case, the company cannot be held responsible for sending contractual and / or advertising information to a restricted access email address. To pay for his order, the Customer has his choice of all the payment methods referred to in the ordering process and presented on the company's website. He guarantees the company that he has the necessary authorizations to use the payment method chosen by him, when validating the order. In the case of payment by credit card, he must transmit his credit card number, depending on the type of the latter, the expiration date thereof as well as the cryptogram number (3-digit number appearing on the back of the card. Bank card). NADA guarantees that the payment is secured by S.S.L. (Secure Socket Layer) in order to protect as effectively as possible all data related to means of payment. The company guarantees that the means and services of cryptology used to secure transactions have been the subject of an authorization or a declaration in application of the legislation in force. In the event of payment by card, the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the Customer and the card issuer and between the company and its banking establishments apply, in accordance with the article 132-4 of the Monetary and Financial Code. If the only method of payment is payment by credit card, the final validation of the order takes place upon full payment (except for special provisions) thereof.
The products are delivered to the delivery address indicated by the buyer when ordering. The times indicated are average times and correspond to the processing, preparation and delivery times of the order.
The package will be delivered to the letterbox at the recipient's address. In the event of a letterbox with insufficient dimensions, the package is presented at home. The package will then be delivered either to the recipient or to a person attached to his department, living with him or specially mandated. It can also be delivered, at the initiative of La Poste, to a person with a power of attorney or to an identified third party. When the parcel could not be delivered due to the insufficiency of the dimensions of the letterbox, and / or the absence of the recipient, a second presentation of the parcel may take place the next day, at the initiative of La Post, or a notice of pending is left by La Poste in the recipient's mailbox. This notice indicates the contact details of the post office where the recipient can collect the package. Any Product thus pending is delivered to the recipient or his agent, duly authorized for this purpose, on presentation of an identity document and against signature. The waiting period is 15 consecutive days. This period does not include the day of presentation at home. Beyond this period, the package returns to the Company. In the event of a return to the Company for failure to receive the purchaser, any new shipment will be subject to a new invoice for transport costs.
The company guarantees that deliveries will be made according to the conditions guaranteed by the transport providers (except in cases of force majeure within the meaning of case law), and indicated on the site www.nada.paris, or during the ordering process. In the event of a delay in delivery compared to the announced deadlines due to the carrier, the buyer must first contact the La Poste distribution office. In the event of significant delays, the buyer must contact customer service by sending an email to firstname.lastname@example.org. The Site will open a litigation or investigation file to search for the package.
If the delay exceeds the delivery date provided for during the ordering process by 15 days, you can proceed to its resolution, according to the terms indicated in the article "Right of cancellation" of the general conditions of sale. In the event that the package is not found, the Company will make, after the end of the postal service investigation, a new delivery of the same Product or by offering a credit note. If a package is returned to the Company for the following reasons: "does not live at the address indicated", "time limit for proceedings exceeded", or other reason for which the buyer is responsible, the Company will ask the latter to payment of the costs of a second shipment so that the said package can be reshipped. If the buyer refuses, the order will be canceled, the buyer will receive a credit for the amount of his order.
Incomplete or non-compliant delivery (due to the carrier)
The parcel may be damaged or the contents of it have been partially or totally stolen. If you notice such an error, please mention it on the carrier's voucher and refuse the product by sending it back to us accompanied by a report 170 called "report of spoliation". In the event that you become aware of this error after the carrier has left, please notify us by email at email@example.com or by telephone within a maximum of 24 working hours following receipt of the order. In accordance with article 133-3 of the Commercial Code, please send your protest, motivated by recorded delivery, to the carrier, within 3 days (not including public holidays).
Incomplete or non-compliant delivery (due to the company)
Despite the care taken in preparing the orders, a product may be missing from it, or an error may have occurred during the preparation. The buyer must formulate with the Company on the same day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and / or non-conformity of the Products in kind or in quality compared to the details on the order form. Any complaint formulated beyond this period will be rejected.
Right to retract
In accordance with Article L121-16 and 121-20 of the Consumer Code, the customer has a period of seven (7) clear days to exercise his right of withdrawal. This period starts from the receipt of the order by the customer. In the event of shipment between the date of the order and the date of exercise of the right of withdrawal, the shipping and return costs to the Company will remain the responsibility of the buyer.
Any return must be reported by email to customer service with the order reference to: firstname.lastname@example.org with acknowledgment of receipt. The return costs will remain the full responsibility of the customer (unless agreed between the parties). The Products must be returned complete in their original packaging and packaging, in accordance with terms offering shipping guarantees similar to those defined during the initial shipment of the products, to the following address:
NADA Le Hoang An 5 rue Sivel 75014 Paris
You are reminded that this right of withdrawal cannot be exercised for personalized products. Any complaint must be communicated in writing within seven (7) days of the date of receipt of the goods by post or by e-mail to email@example.com with acknowledgment of receipt. Any complaint made after this period cannot be taken into account and the Company will be released from all liability. If the aforementioned conditions are met, the Company will then proceed to exchange the defective Product (s), within thirty (30) days from the date of receipt by the Company of the package. Any return of products must be the subject of a formal agreement between the Company and the purchaser.
Any return accepted by the Company, in the event of an apparent defect or non-conformity of the products delivered, will allow the purchaser to obtain either the replacement of the Product or the issuance of a credit note for the corresponding amount, to the exclusion of any other indemnity or damages. The Products must be returned within 48 hours in their original packaging and packaging, by Colissimo Recommended at the buyer's expense, to the following address:
NADA Le Hoang An 5 rue Sivel 75014 Paris
In the event of a dispute, an amicable solution will be sought before any legal action. Otherwise, any legal action will be brought before the Paris Commercial Court.
Right of rescission
In accordance with Article L. 121-20-3 of the Consumer Code, we will tell you when ordering the maximum delivery date of it. In the event that this delivery date is exceeded by 15 working days (except in cases of force majeure within the meaning of the Law), you will have the option of resolving your order by Registered Letter with Acknowledgment of receipt within a period 60 days from the original delivery date. In this case, a credit note corresponding to the sums paid (excluding any return costs) will be sent to you, and this within a maximum period of 30 days following receipt of your LRAR.
Execution of the order
The company reserves the right to refuse the order for a "legitimate reason" (in the sense defined by case law), and in particular (without this list being exhaustive) in the event of unavailability of the product, inability to perform the service, abusive request from the customer, presumption of impossibility for the customer to contract or even manifest intention for the customer to harm the company. The company also reserves the right to refuse the order in the event of an obvious typographical error leading to the display of a "low price", and this at the time of the order placed by the customer. In the event of a difference in interpretation between "low price" and "low price", concerning the price displayed on the website at the time of the customer's order, the latter may request the intervention of a third party, as provided for in the “Applicable law” article. The order will be executed no later than 7 days from the expected date of delivery of the product or service mentioned in the order, subject to its acceptance by the company. For the deadlines concerning the different types of services (personalization…), please contact us. An invoice will be automatically sent to the customer when ordering. This will be sent to the email address indicated by the customer when ordering, unless otherwise specified by him
The information requested from the Customer is necessary for processing his order and may be communicated to the contractual partners of the company (accountants, lawyers, etc.). They may also be sent to any competent authority for the settlement of disputes between the company and one of its clients. The customer can consult in our “data protection” section, the characteristics of the processing of personal data used via the site www.nada.paris. The customer can also exercise his rights of access, rectification, opposition according to the terms mentioned in the sections "Data Protection" and "Legal Notice" of the company.
"Double-Click" and proof
The "double click" associated with the authentication and non-repudiation procedure of the customer when ordering and with the acceptance of these Contractual Conditions constitutes validation of the order and conclusion of the contract, in accordance with the provisions of article 1369 -5 of the Civil Code. The computerized registers, kept on the company's servers as well as on the servers of its banking establishments, will be considered as rebuttable presumptions of communications, orders and payments between the parties. Under no circumstances will the company record telephone conversations between a member of the company and one of its customers or prospects. In the case of subcontracting of their customer service, the company undertakes to prohibit their partner responsible for the implementation of this service, from such recording, including in the context of an "improvement of the service. ".
These general conditions express all the obligations of the parties. No general or specific condition communicated by the Customer may be incorporated into these general conditions, except in the event of prior agreement between the parties prior to the conclusion of the contract. The fact that the company does not invoke a breach by the Customer of any of the obligations referred to herein cannot be interpreted in the future as a waiver of the obligation in question. The company reserves the right to adapt or modify these Contractual Conditions at any time. In the event of modification, the Contractual Conditions in force on the day of the order will be applied to each order. The company will also keep all time-stamped versions of the Contractual Conditions on its servers.
Retention of title
The products delivered to the customer remain the property of the company until the contract has been fully executed. On the other hand, the transfer of risk takes effect from the actual delivery of the products and / or services ordered on the electronic store. The documents provided to the customer are governed by the Code of Intellectual Property. They therefore remain the property of the company. It is therefore forbidden to reproduce, transfer or use the documents provided without the consent of the company.
This contract is subject to French law, in accordance with European directives. This is the case for both the substantive rules and the formal rules. In the event of a dispute, companies will favor an amicable settlement. This search for an amicable solution does not in any way interrupt the time limits for acting as a guarantee. Otherwise, and in accordance with the provisions of Articles 46 to 48 of the NCPC, the French courts will have sole jurisdiction.