General conditions of sale

These General Conditions of Sale apply in their entirety from 09/01/2019
Any order for products from Nodie's implies unreserved acceptance of these General Conditions.
They are written in French in their original version, which alone is authentic, taking precedence over any other version translated into a foreign language.
No special condition may, without formal and written acceptance from Nodie's, prevail over these General Conditions.
Any contrary conditions set by the Client will therefore, in the absence of express acceptance, be unenforceable against SASU Nodie's.
If any provision of these General Conditions is declared null and void by a Court or any other administration or authority, such decision will in no way affect the validity of the other provisions.
The failure to exercise, at any time, a prerogative recognized by these General Conditions, or to require the execution of any stipulation of the agreement arising from said conditions may not under any circumstances be interpreted, either as a modification of the contract, or as an express or tacit waiver of the right to exercise said prerogative in the future, or of the right to require the scrupulous execution of the commitments entered into herein.

1. Scope of application

These general conditions apply to all sales of products intended for end-user consumers, concluded from the website http://www.nodiesofficiel.fr, and generally by any other means of distance communication, but excluding sales to professional customers.

2. Applicable Law – Disputes

Any question relating to these General Conditions, as well as to the services and sales which they govern, which is not dealt with herein, will be subject to the provisions of French law, excluding the Vienna Convention of 1980 on the International Sale of Goods.
In the event of a dispute, the French courts will have sole jurisdiction.

MEDIATOR

In accordance with Article L. 612-1 of the Consumer Code, the
consumer, subject to article L.612.2 of the French Code of
consumption, has the right to submit a request for amicable resolution
by mediation, within a period of less than one year from its
written complaint to the professional.
NODIE'S has designated, by membership registered under number
53459/VM/2408 SAS Médiation Solution as an entity of
consumer mediation.
To contact the mediator, the consumer must formulate their request:
- Either in writing to: Sas Médiation Solution - 222 chemin de la bergerie 01800
Saint John of Niost
- Either by email to: contact@sasmediationsolution-conso.fr
- Either by completing the online form entitled “Contact the mediator”
on the website https://www.sasmediationsolution-conso.fr
Whatever the means of referral used, the request must imperatively
contain :
- The applicant's postal, telephone and electronic contact details,
- The name, address and registration number at Sas Médiation
Solution, from the professional concerned,
- A brief statement of the facts,
- Copy of the prior complaint,
- All documents allowing the processing of the request (delivery order
order, invoice, proof of payment, etc.)

3. Identity of the Seller

The sales offers appearing on the website http://www.nodiesofficiel.fr are issued by the company Nodie's, a simplified joint-stock company with a single shareholder and share capital of 5,000.00 euros, domiciled at 1D rue Danielle Casanova 26100 Romans sur Isère.

4. Purpose

Nodie's offers for sale products precisely described on the website which can be viewed at the following address: http://www.nodiesofficiel.fr
Although Nodie's makes every effort to ensure that the product photographs appearing on its website are faithful reproductions, variations may occur due in particular to the components of each product and their technical characteristics, as well as the resolution of any photographs representing the products.
Nodie's cannot therefore be held responsible for the inadequacies of certain graphic representations of the products displayed on its website.

In addition, as Nodie's uses downgraded leathers from large French tanneries, each skin with an identical color may have differences in shade or grain.

Consequently Nodie's would not incur the request for reimbursement of the item for this reason.
The products comply with the French provisions in force relating to safety, personal health and consumer protection at the time they are placed on the market.

5. Product Orders

The Customer can view the products offered for sale on the website.
If the Customer wishes to place an order, he must follow the following steps:

Follow the instructions on the Site and in particular, the instructions necessary for opening a customer account.
Complete, according to the instructions provided online, an order form made available to him where he will include the information necessary for his identification and in particular his surname, first name, email address, postal address and delivery address.
Check order items, identify and correct errors.
Validate the order, the total price including all taxes, as well as the total price plus all processing and delivery costs.
Use your voucher if applicable
Follow the instructions on the online payment server to pay the price including all taxes.

The Customer then receives electronically at the email address provided and without delay a confirmation of acceptance of payment of the order.

At the end of the purchasing process, the Customer is recommended to download, save or print the general terms and conditions of sale applicable at the time of the order, as well as the information relating to the order.

An order confirmation email will be sent to the Customer at the address mentioned in the purchase form.
The Customer who has chosen to purchase the products presented on the site will definitively validate his order, in view of a summary displayed on the screen, by clicking on the “confirm” tab to demonstrate his commitment, his knowledge and his acceptance of these general conditions of sale and his agreement concerning the purchase concerned.

Unless otherwise provided, once validated, the order will be submitted to Nodie's for processing and cannot be modified or cancelled.

6. Availability of products

Product offers and prices proposed by Nodie's are valid as long as they are accessible on the website and only while stocks last.
Unavailable products are mentioned on the site. In the event of damage, if they still appear to be available, the Customer will be informed by email or regular mail upon receipt of the order.
The Customer may then, at his choice, request a refund of the price paid or the delivery of an equivalent or similar product, in return for the price he has paid.
The difference between the price initially paid by the Customer and the price of the replacement product will either be refunded to the Customer when this difference is in his favor, or will give rise to the payment of a price supplement by the Customer.

7. Price

Product prices are indicated in Euros and include all taxes.
Processing and shipping costs are the responsibility of the Customer for an order less than 49 Euros including tax and are expressly indicated before the order is placed.
You will find the costs relating to delivery in our “delivery” section, it is specified here that:

Nodie's cannot be held liable in any way in the event of non-compliance with delivery times, this being attributable to the postal services, and does not give rise to any right to compensation or compensation provided that the company has properly deposited the package within 72 hours of the order for normal shipping, or within three working days for Colissimo or Chronopost.

The prices displayed do not include any customs duties, taxes, fees, or other charges for the importation of goods payable by the buyer or recipient upon receipt of the order. To find out about these possible charges, Nodie's recommends that the buyer inquire with the relevant authorities in their country or territory.

Nodie's ensures that its prices are consistent and accessible to as many people as possible by reducing its margins. It is therefore agreed that the prices displayed may change, in particular depending on the price of silver, the origin of the leathers or the cost of manufacturing. Thus, Nodie's reserves the right to modify the prices appearing on its website at any time. However, products will only be invoiced on the basis of the prices in effect at the time each order is recorded, as they will appear on the website.

8. Discounts and reductions

A temporary promotion may be granted in the form of “discount vouchers” giving the right, depending on the case, to a reduction in value or percentage and applying to eligible products.
The user must enter the code allocated to them in the shopping cart area provided for this purpose and then validate the entry. The order amount will be automatically recalculated to take this discount voucher into account. It is hereby specified that several discounts cannot be combined (several vouchers, and general discount, etc.) and that these are in no way exchangeable or refundable. Similarly, a discount voucher whose code has been lost cannot be replaced or give rise to any compensation.

9. Payment

The price is payable in Euros at the head office of Nodie's by credit card, or by PayPal, at the time of validation of the order for products ordered from the website or by bank transfer for any order of specific products subject to a prior quote.

No discount for early payment will be granted.

When payment is made by bank card, the transaction is immediately debited from the Customer's bank card after verification of the card details, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.

In accordance with legal provisions, the payment commitment given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes Nodie's to debit his bank card with the amount corresponding to the total price including all taxes plus all fees payable.

To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer provides the sixteen digits and the expiry date of his bank card as well as, where applicable, the numbers of the visual cryptogram.

In the event that the debit of the price including all taxes plus delivery costs is not possible, the online sale will be immediately terminated and the order will be cancelled.

10. Right of withdrawal

In accordance with the provisions of Article L.121-5 of the French Consumer Code, when a sales contract for products has been concluded by the Customer from the Nodie's website, the Customer will have a withdrawal period of fourteen (14) clear days from receipt of the products ordered. This period begins upon receipt of the items, the postmark being proof.

When the 14-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
For any withdrawal of an order of products, the customer will be given a free return voucher upon simple request by email to nodiesofficiel@gmail.com stating the order number and the shipment will be made to the address indicated:

SASU Nodie's
1D rue Danielle Casanova

26100 Romans sur Isère
France

Email: nodiesofficiel@gmail.com

Except for the possibility given to the Customer to withdraw within the time limit and according to the aforementioned conditions, the contract is firm and definitive from its acceptance by the customer.

Notwithstanding the preceding provisions, products that have been used by the customer, or damaged, cannot be returned by the customer and will not be taken back.

Once the product has been returned and has not been damaged, the refund will be made directly to the payment method used by the customer to make the purchase.

WITHDRAWAL FORM

Declaration of withdrawal from the contract:

- Address: [Name], whose registered office is [address], tel: [tel], e-mail: [email]

- I/We declare (*) that I/we terminate (*) the contract for the purchase of this product (*)/for the provision of these services (*).

- Date of order or pre-order (*)/date of receipt (*)

- First and last name of the consumer

- Consumer's address

- Signature of the consumer (only if this form is sent in paper format)

- Date

11. Delivery of Products

The products are delivered to the address expressly provided by the Customer at the time of conclusion of the contract.
The delivery costs communicated to the Customer before acceptance of the order on the website will be the exclusive responsibility of the Customer below 49 euros.
The transfer of risks on the products takes place upon their receipt by the Customer.
Except in cases of force majeure, the products will be delivered within ten (10) working days from the effective payment of the price corresponding to each order validated by the Customer.
Nodie's may split an order into multiple shipments depending on product availability. In this case, the Customer will be informed by email.
Any modification to the order during the execution of the contract, accepted by the company, will necessarily result in an extension of delivery times.
The Customer is required to check the condition of the packaging and the products upon delivery.
It is up to the Customer to issue any reservations and complaints he deems necessary, or even to refuse the package, if he notices an anomaly such as a damaged package or packaging, a product missing from the documents included with the delivery, etc.

In the event of a return due to an order error, the return costs will be borne by the customer.

The Customer must ensure that the products delivered to them correspond to the order. In the event of non-conformity of the products in nature or quality with the specifications mentioned in the delivery note, the Customer must inform the company at the email address nodiesofficiel@gmail.com or at the head office at 1d Rue Danielle Casanova 26100 Romans sur Isère.

12. Legal guarantee

The Customer benefits in any event from the legal guarantees of conformity of the goods to the contract and of hidden defects, in accordance with the provisions reproduced below of the Consumer Code and the Civil Code.
However, when the repair of the product would incur costs greater than the price of the delivered product, Nodie's may decide to replace the product with an identical product.

Article L.211-4 Consumer Code
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been assigned to him by the contract or has been carried out under his responsibility.

Article L.211-5 Consumer Code
To comply with the contract, the property must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
– present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L.211-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

Except in proven cases of non-conformity of the product and/or hidden defect, Nodie's shall not be liable for any deterioration of the item occurring after the legal withdrawal period, i.e. 14 days after delivery or collection of the items, due to the very nature of the product. Certain variables (careful handling of certain parts, storage conditions, conservation, activities carried out, etc.) cannot be qualified and quantified by Nodie's and therefore cannot be attributed to it. Nevertheless, and always with a view to customer satisfaction, Nodie's undertakes to examine any request concerning the deterioration of an item within one month of its purchase and reserves the right, depending on the case, to respond favorably to this request.

13. Return Policy

If you'd like to return or exchange your order for any reason, we're here to help! We offer free returns and exchanges within 14 days of purchase in mainland France. You can return your product for a credit note, a replacement product, or a refund using the same payment method used for your purchase.

Exceptions:

Items must be returned with their tags and in their original packaging,
Returned items must show no signs of wear
No exchanges or refunds will be accepted on personalized, engraved or custom-made products.
Returns from outside mainland France are the customer's responsibility.

In the event of a product return, please contact us using the form below.

For the procedure , please contact us here

14. Intellectual Property

Nodie's expressly reserves ownership and exclusive enjoyment of all intellectual and industrial property rights belonging to it and of which the Customer may become aware or use in the context of any sales contract.

The Client is prohibited from using, exploiting or reproducing the intellectual or industrial property rights belonging to Nodie's without its prior written authorization.

The Client is prohibited from filing any industrial property title relating to creations, inventions, designs and models, trademarks, plans, processes belonging to the company and protecting the products.

1. Personal information
The information concerning the Customer, collected as part of any order of products from the website, is necessary for the company Nodie's to process these orders.
They are recorded in the company's customer file and may give rise to the Client exercising the right of access and rectification with the customer service of the company Nodie's, in accordance with the provisions of the "Informatique et Libertés" law of January 6, 1978.

Article L.223-2 of the Consumer Code requires: "when a professional is required to collect telephone data from a consumer, he informs him of his right to register on the telephone canvassing opposition list."

1. Evidence and archiving
The archiving of purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy.
These purchase orders and invoices may be produced as proof of the contract.