Terms of sale
TERMS OF SALE
Definitions:
“Customer”: means natural persons of legal age who are not subject to a legal protection measure. The Customer is a consumer within the meaning of the French Consumer Code.
“Products”: means all the products offered for sale on the online store available at the following link: www.nagoya.paris
“Site”: means the website www.nagoya.paris operated by NAGOYA.
“Order”: means the sales contract concluded between NAGOYA and the Customer for the Products offered on the Site.
“NAGOYA”: means the single-shareholder simplified joint-stock company (société par actions simplifiée unipersonnelle) with share capital of €40,000, whose registered office is at 44 rue de Rouen, 49400 Saumur, registered with the Angers Trade and Companies Register (RCS) under SIREN number 894 916 535, intra-community VAT number: FR10894916535
“Terms of Use”: means the terms of use that apply to any Customer accessing the Site, also referred to as the “CGU”
“Terms of Sale”: means these terms of sale, which apply to all sales concluded between NAGOYA and Customers, also referred to as the “CGV”.
Article 1: Application, Enforceability and Amendment of the Terms of Sale
These Terms of Sale apply to all sales concluded by NAGOYA with consumer customers wishing to purchase the products offered for sale on the website www.nagoya.paris
In this capacity, the Customer has specific rights, set out in particular in the French Consumer Code. Accordingly, the provisions of the Terms of Sale do not apply to professionals. NAGOYA reserves the right to refuse or cancel any Order from a Customer who turns out to be a professional, and in particular a professional reseller.
Any derogation or contrary clause shall be valid only if it has been expressly accepted in writing by NAGOYA.
The fact that NAGOYA does not, at any given time, invoke any provision of these Terms of Sale shall not be interpreted as a waiver of its right to invoke any of said provisions at a later date. The Customer declares that they have the legal capacity to enter into a contract. The applicable Terms of Sale are those in force at the time of the Order. NAGOYA reserves the right to amend the Terms of Sale at any time.
Article 2: Creating a Personal Account
To place an Order on the Site, the Customer must first create a personal account in accordance with the terms set out in the site's terms of use, available at this link………...
When the Customer wishes to place a new Order, they must first log in by entering their username and password.
Article 3: Placing an Order
3.1 The Customer places their Order following the process in effect on the Site and confirms the Order summary. They may place an Order via their personal Account.
They must select the chosen Product(s) and, where applicable, the size of the piece, which are visible in the “Cart” section.
The Customer may choose to personalize their Product according to the instructions provided on the Site.
3.2 The selected Product(s) is/are visible in the “Cart” section.
The Order is summarized in a recap called “Cart”, which can be viewed at any time and sets out all the details of the Order, in particular the Product(s), quantities, unit price, any discounts, payment method, delivery method and the total amount of the Order including delivery costs.
The sales contract is validly formed when, once the Customer has identified themselves by creating their Account or logging into their Account, the Customer has placed their order (1st click), has been able to read and accept the Terms of Sale, has checked the content of their Order (all the Products they wish to purchase and the price), has corrected any errors and has confirmed it with a second click, in accordance with Articles 1125 to 1127-3 of the French Civil Code.
If the Customer does not accept the Terms of Sale, they cannot complete their Order.
The Customer may cancel their order or exchange the products ordered within 30 days of receiving the products, under the terms set out in Article 17 of these Terms of Sale.
In accordance with Article L221-14 of the French Consumer Code, any Order confirmed by the second click entails an obligation to pay on the part of the Customer.
Article 4: Order Confirmation
The Customer will receive from NAGOYA, by email, an acknowledgment of receipt of the Order confirming the Order, which summarizes the Order they placed and the corresponding invoice (billing address, delivery address, Products ordered, price, payment method, delivery method and costs).
Article 5: Customer Information
5.1 The offers on the Site are valid as long as the related Products remain online and for any delivery within France. The Products are created once the order is placed. For any delivery abroad, the Customer is invited to contact NAGOYA's customer service by email or by telephone using the contact details given in Article 14 of these Terms of Sale.
If an Order is placed for a Product that has exceptionally become unavailable, the Customer is informed of this unavailability as soon as possible, by email or by telephone. The Customer will have the option of waiting for the Product to become available. In the latter case, the sums received will then be refunded as soon as possible, and no later than 14 days from the cancellation decision.
5.2 Each Product is shown with a photo and a description on the product page, which sets out the essential characteristics of the Product, including the specific information and statements required by law. NAGOYA takes the greatest care to provide photographs and descriptions of the Products that are as accurate as possible. The quality of the Product photographs may vary depending on the Customer's computer equipment. The Customer must refer to the description of each Product to learn its essential properties and features. The Customer acknowledges that the carat weight, the number of stones and the dimensions of the product may vary depending on the size of the Product chosen by the Customer.
The Customer acknowledges having received, prior to placing their Order, in a legible and comprehensible manner, these Terms of Sale and all the information referred to in Article L.221-5 of the French Consumer Code, and in particular:
- the essential characteristics of the Product, and the size guide for each type of Product when the Product comes in several sizes, taking into account the communication medium used and the Product concerned;
- the price of the Products and of related costs (delivery or packaging, for example);
- in the absence of immediate performance of the contract, the date or time frame by which NAGOYA undertakes to deliver the Product;
- information on the identity of NAGOYA, its postal, telephone and electronic contact details, and its activities, if these are not apparent from the context,
- information on the legal and contractual guarantees and how to exercise them;
- the possibility of using conventional mediation in the event of a dispute;
- information on the right of withdrawal (existence, conditions, time limit, how to exercise this right and the model withdrawal form), on the costs of returning the Products, on the terms of termination and on other important contractual conditions.
Article 6: Prices — Payment Terms
6.1 Price
Prices are stated in euros, including all taxes (VAT included). The price guaranteed to the Customer is the one shown on the Site at the time of the Order. The price is firm and final.
In addition to the price of the Product, the Customer must pay, on the one hand, the delivery costs, determined according to the delivery method chosen and shown in the cart summary before the Customer validates the Order (second click).
For the delivery of the Products ordered, NAGOYA may waive the shipping costs for a minimum Order of €5,000 incl. VAT.
6.2 Invoicing
An invoice will be sent to the Customer in the Order confirmation email.
Payment of the full price is made at the time of the Order. The Customer pays for their Order by bank card through the payment provider chosen by NAGOYA, namely its partner Shopify, or via the “Apple Pay” system.
6.3 Payment by Bank Card
The payment provider encrypts the data in a fully secure environment; bank details are not transmitted to NAGOYA. The Customer confirms that they are the holder of the bank card to be debited and that they are legally entitled to use it. In the event of an error, or if the card cannot be debited, the Order cannot be validated.
NAGOYA cannot be held liable for the fraudulent use of the customer's means of payment by a third party.
Article 7: Delivery
7.1 Delivery Method
7.1.1 The Products are delivered directly by NAGOYA to the Customer by La Poste with declared value, at the delivery address specified by the Customer when placing the order. NAGOYA refuses any delivery to a post office box. The delivery time is 6 weeks from the order (creation and delivery time). For each order, NAGOYA makes the Products.
The order may also be delivered to the pickup point selected by the Customer. The Product is shipped according to the delivery terms communicated by NAGOYA when the order is placed.
The Customer is informed by email when their order is shipped. For the various delivery methods, a parcel number will be sent to the Customer by email as soon as the parcel is shipped. NAGOYA informs the Customer that it may use another carrier at no additional cost to the Customer.
7.1.2 If the parcel is collected from a pickup point, the Customer may collect their parcel during the opening hours of the chosen pickup point as specified on the Site. The parcel will be available within a period of 7 days from the notification sent to the Customer that the parcel is available at the pickup point.
7.1.3 As soon as the product is shipped, the Customer receives an email with the parcel tracking number and a link to follow the parcel's progress in real time on the La Poste website.
7.1.4 The Customer is informed that delivery may be partial, i.e., the Products may be delivered in several shipments, at no additional cost to the Customer.
7.2 Late Delivery
In accordance with Article L216-2 of the French Consumer Code, if NAGOYA fails to fulfill its obligation to deliver the Product within the time frame set out above, other than in the event of force majeure within the meaning of Article 1218 of the French Civil Code, the Customer may cancel their Order by registered letter with acknowledgment of receipt or in writing on another durable medium if, having instructed NAGOYA in the same manner to deliver the Product within a reasonable additional period, NAGOYA has not done so within that period.
The Order is deemed terminated upon NAGOYA's receipt of the letter or written notice informing it of this termination, unless NAGOYA has performed in the meantime.
The Customer may terminate their order immediately if NAGOYA refuses to deliver the Product ordered or if it does not fulfill its obligation to deliver the Product within the agreed time frame and that time frame is an essential condition of the Order for the Customer. This essential condition results from the circumstances surrounding the placing of the Order or from an express request made by the Customer before the order. In such cases, NAGOYA refunds the Customer all sums paid no later than fourteen days after the date on which the Order was canceled.
In the event of an incomplete or incorrect address, failure by the Customer to collect the parcel within the allotted time or any other lack of information from the Customer, NAGOYA cannot be held liable for failure to deliver. In the event of an error in the delivery address, or any failure on the Customer's part requiring a new delivery, the new delivery will be invoiced at a delivery cost corresponding to the cost of the first shipment, it being understood that the new delivery will only take place once these additional costs have been paid.
7.3 Receipt
Any anomaly concerning the receipt of the parcel (damage, product missing from the Order, damaged products…) must be reported to NAGOYA's customer service (contact details in Article 14) within 5 business days of the delivery date, setting out the claims, stating the Order number and providing any relevant evidence.
If the delivery does not conform to the order, NAGOYA will refund or replace the product in accordance with the procedure described in Article 8 below.
Article 8: Warranties
The Products offered by NAGOYA comply with applicable French legislation and standards.
|
“The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. “Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the intended supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared. “The legal guarantee of conformity entails an obligation on the part of the professional, where applicable, to provide all updates necessary to keep the goods in conformity. “The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them. “If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. “If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods. “The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund in return for the goods, if: “1. The professional refuses to repair or replace the goods; “2. The repair or replacement of the goods takes place after a period of thirty days; “3. The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods; “4. The lack of conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity. “The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In that case, the consumer is not required to request the repair or replacement of the goods first. “The consumer is not entitled to termination of the sale if the lack of conformity is minor. “Any period during which the goods are out of use for repair or replacement suspends the remaining guarantee period until the restored goods are delivered. “The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code. “A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code). “The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept, or to a full refund in return for the goods.” |
To assert their rights, the Customer must contact NAGOYA's customer service in writing, clearly stating their wish to invoke the warranty, describing the defect and specifying the Order number. NAGOYA will take back the Product in question. To do so, the Customer must return the Product to the address that NAGOYA will provide. The Product must be returned in the condition in which it was received, with all its components (accessories, box, etc.). NAGOYA will fully or partially refund, or replace, the Products under warranty found to be non-conforming or defective, as soon as possible after NAGOYA has established the lack of conformity or the hidden defect. Return costs will be refunded on presentation of supporting documents, provided that the Product is recognized as having a hidden defect or a lack of conformity. In any event, NAGOYA's warranty is limited to the replacement or the full or partial refund of the non-conforming or defective Products.
NAGOYA refunds the Customer for the cost of returning the Products:
- If the Product is non-conforming or defective;
Products are returned at the Customer's risk; the Customer must return them by La Poste with declared value. If the Customer sends them by ordinary untracked mail, NAGOYA cannot be held liable if the Product is not received. NAGOYA cannot be held liable in the following cases: misuse, improper care, wear and tear, alteration or natural deterioration of the Products.
Article 9: Evidence
The computerized records kept in NAGOYA's computer systems under reasonable security conditions will be considered as proof of the communications, orders and payments between the parties. Orders and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 10: Retention of Title
NAGOYA will retain ownership of the Products delivered until the price has been paid in full, payment meaning the actual collection of the price and not the delivery of an instrument creating an obligation to pay. However, risk passes to the Customer upon receipt of the Products. Indeed, throughout the retention of title period, the Customer, as custodian of the goods, is responsible for any damage or loss occurring after delivery.
Article 11: Force Majeure
NAGOYA shall be released from all liability where it has been prevented from performing all or part of its obligations, in particular with regard to time frames, due to an event of force majeure. The parties agree that bad weather, wars, epidemics, natural disasters, droughts, floods, strikes or labor shortages shall in particular be treated as events of force majeure, except where such treatment is prohibited by mandatory public policy provisions.
NAGOYA will notify the Customer of the occurrence of any such fortuitous event or force majeure within 7 days of the date on which the event occurred.
Article 12: Invalidity — No Waiver
If any of the provisions of these Terms were to be declared null and void, this nullity would not entail the nullity of the other provisions, which will remain in force between the Parties.
The fact that NAGOYA does not, at any given time, invoke any of these terms shall not be interpreted as a waiver of its right to invoke any of said terms at a later date.
Article 13: Customer Relations — After-Sales Service
For any information, question or complaint, the customer may contact NAGOYA's customer service Monday to Friday (excluding public holidays and non-working days), from 10:30 a.m. to 12:30 p.m. and from 2:00 p.m. to 6:00 p.m.
Email address: sav@nagoya.paris
Tel.: +33 2 41 59 09 90 (standard-rate call)
Article 14: Personal Data — Telephone Canvassing
For any information concerning the use of personal data and the cookie policy, the Customer is invited to read the Personal Data Charter by clicking here.
To curb the proliferation of telephone canvassing unwanted by consumers, the Hamon Act on consumer affairs of March 17, 2014 created, in the French Consumer Code, an opt-out list for telephone canvassing. Consumers may register on this list free of charge: www.bloctel.gouv.fr. NAGOYA does not engage in telephone canvassing.
Article 15: Governing Law — Jurisdiction
In the event of a dispute, the Customer must first contact NAGOYA's customer service. If no solution is found within 20 days of their request, the Customer may refer the matter to the mediation service, simply and free of charge, electronically or by ordinary mail (enclose your email address, your telephone number and the written complaint) to:
XXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXX
Email: XXXXXXXXXXXXXXXX
Telephone: XXXXXXXXXXXXXXXXXXXXX
Fax: XXXXXXXXXXXXXXXX
Website: XXXXXXXXXXXXXXXX
Failing an amicable settlement, any disputes to which the purchase and sale transactions concluded under these Terms of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and aftermath, and which could not be resolved between NAGOYA and the Customer, will be submitted to the competent courts in accordance with the ordinary rules of law.
Article 16: Right of Withdrawal
The Customer has a withdrawal period of 14 days, from the day after receipt of the Products by the Customer (or a third party, other than the carrier, designated by the Customer), takes physical possession of the goods, in which to notify their decision to withdraw (Article L. 221-18 of the French Consumer Code).
If this period expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the next working day.
To exercise this right of withdrawal, the Customer must notify their decision to withdraw, without having to give reasons, by means of an unequivocal statement (for example, a letter sent by post, fax or email) to the following contact details: postal address NAGOYA, 44 rue de Rouen, 49400 Saumur, or by email to sav@nagoya.paris
The Customer may use the model withdrawal form set out at the end of these Terms of Sale and on the delivery note, but this is not mandatory.
If the withdrawal is sent by email, NAGOYA will send an acknowledgment of receipt of the withdrawal by email without delay.
To meet the withdrawal deadline, it is sufficient for the Customer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must send back or hand over the goods to NAGOYA, 44 rue de Rouen, 49400 Saumur, without undue delay and in any event no later than fourteen days after communicating their decision to withdraw. This deadline is met if the Customer sends back the goods before the period of fourteen days has expired.
In the event of withdrawal, the Customer bears the cost of returning the products, up to the rates charged by La Poste for declared-value shipping.
In the event of withdrawal, the Customer bears the cost of returning the products by La Poste with declared value. It is absolutely necessary for the Customer to be vigilant regarding the loss of parcels.
The products must not have suffered any depreciation and must not have been damaged. Otherwise, the Customer may not invoke the right of withdrawal.
NAGOYA will reimburse all payments received from the Customer, including delivery costs (with the exception of any additional costs resulting from the Customer's choice, where applicable, of a delivery method other than the least expensive standard delivery method offered on the Site), without undue delay and in any event no later than fourteen days from the day on which NAGOYA is informed of the decision to withdraw from this contract. NAGOYA may withhold reimbursement until it has received the goods back or until the Customer has supplied evidence of having sent back the goods, whichever is the earlier.
NAGOYA will make the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement.
In accordance with Article L221-28 of the French Consumer Code, the customer is informed that the right of withdrawal does not apply to Products made at your request or clearly personalized, the making of which requires specific adaptations to meet very precise technical and aesthetic requirements. In this case, this means engraved Products.
|
ORDER CANCELLATION (Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of NAGOYA, 44 rue de Rouen, 49400 Saumur. Email: sav@nagoya.paris
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): Ordered on (*)/received on (*):............................................... Name of consumer(s):................................................. Address of consumer(s):.............................................. Signature of consumer(s) (only if this form is notified on paper): ............................................ Date:..............................
(*) Delete as appropriate |
