Terms and Conditions of Sale

General Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the company Noléa.

Hereinafter, we will refer to:

"Website": the website "https://noléa.com" and all its pages, exclusive property of the Company.

"Products" or "Services": all products (material) and services (benefits) that can be purchased or subscribed to on the Website.

"Seller": Noléa, a legal or natural person, offering its Products or Services on the Website.

"Customer": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Website.

"Consumer", in accordance with the definition in the preliminary article of the French Consumer Code: "any natural person who acts for purposes that are outside the scope of his commercial, industrial, craft, or liberal activity."

The internet user visiting the Website and interested in the Products and Services offered by the Seller is invited to carefully read these GTC, print them, and/or

save them on a durable medium, before placing an order on the Website.

The Customer acknowledges having read and fully accepted the GTC.

Article 2 – Application of the GTC and Purpose of the Website

The Seller reserves the right to modify the GTC at any time by publishing a new version thereof on the Website.

The GTC applicable to the Customer are those in force on the day of their order on the Website.

Legal information concerning the host and editor of the Website, the collection and processing of personal data, and the conditions of use of the Website are provided in the general terms of use, the legal notices, and the data policy of this Website.

This Website offers online sales of YOUR NICHE / SUB-NICHE products.

The Website is freely accessible to all Customers. The acquisition of a Product or Service implies the Customer's full acceptance of these GTC, by which they acknowledge having full knowledge of them. This acceptance may consist, for example, for the Customer, in checking the box corresponding to the acceptance phrase of these GTC, for example, stating "I acknowledge having read and accepted all the general conditions of the Website." Checking this box will be deemed to have the same value as a handwritten signature from the Customer.

Acceptance of these GTC implies that Customers have the necessary legal capacity to do so. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.

The Customer acknowledges the evidentiary value of the Seller's automatic registration systems and, unless they provide proof to the contrary, they waive the right to dispute them in the event of a dispute.

Any Order for Products implies the Customer's unreserved acceptance and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly agreed otherwise by the Company in advance.

Article 3 – Customer Service

The customer service of this Website is accessible by email at the following address: "contact@noléa.com", by form, or by postal mail at the address indicated in the legal notices. The Customer must indicate their first name, last name, the subject of their request, and their Order number in the email.

For any professional requests (partnership, media, contract proposal), the Company can only be contacted by email at contact@noléa.com.

Article 4 – Order Subscription Methods and Purchase Process Description

The Products and Services offered are those listed in the catalog published on the Website. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.

The photos on the Website are non-contractual and may vary slightly from the models photographed. These variations are due to the setting parameters of different screens and cameras, product lighting, viewing angle, etc.

Hereinafter, "Cart" refers to the intangible object grouping all the Products or Services selected by the Website Customer for purchase by clicking on these items. To place an order, the Customer chooses the Product(s) they wish to order by adding them to their "Cart," the content of which can be modified at any time.

The Customer places the Order via the Website: the Customer registers and validates the Order on the Website.
To place an Order on the Website, the Customer freely selects one or more Products from the Website catalog by clicking the "Add to Cart" button. On the "Cart" page, the Customer can review the details of their Order and correct any errors before confirming it.
On the "Information" page, the Customer must enter their contact information. They can opt for email tracking of their Order by checking the required box.
On the "Delivery" page, the Customer must choose their proposed shipping method.
On the "Confirmation" page, the Customer must enter their bank details and billing address. The Customer also has the option to enter a promotional code if they have one.
A complete summary of the Order appears. The Customer has the option to modify all elements of the Order before finalization. The Customer is responsible for any errors related to the Order, Products, and contact information.
The sale is validly formed when the Customer has confirmed the Order by clicking the "Finalize my order" button, accepted the General Terms and Conditions of Sale, and proceeded with payment according to their chosen method, subject to the exercise of the right of withdrawal.

The order validation date corresponds to the date of receipt of the full payment of the total price including taxes, duly confirmed.

Article 5 – Price and Payment Terms

Unless otherwise stated, the prices in the catalog are understood to be in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.

Noléa reserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer can place an order on this Website and pay by Credit Card, Bancontact, Apple Pay, or PayPal. Credit card payments are made via secure transactions provided by an online payment platform provider.

This Website does not have access to any data relating to the Customer's payment methods. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC will only begin to run from the actual date of receipt of payment by the Seller, who can provide proof thereof by any means. The availability of Products is indicated on the Website, in the descriptive sheet of each Product.

Noléa will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Customer before any payment. The Website has no geographical delivery limitations; orders can be shipped worldwide. The delivery times indicated during the order are for informational purposes only and remain dependent on possible delays from postal services or other special circumstances preventing delivery (demonstrations, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Departments and Territories, the Customer declares themselves the importer of the Product and accepts that, in such a case, the Seller may be materially unable to provide them with accurate information on the total cost of customs duties and formalities or import taxes applicable in the country where the Product delivery is requested.

Unless otherwise indicated on the Website during the order process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.

In the event of a hand delivery, the customer may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then imperatively be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. In the event of delivery to a mailbox, the customer undertakes to immediately check the package and contact Noléa support if they notice any anomaly. Failing to comply with these provisions, the Customer will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to the Customer's request to exercise the right of refusal.

If the Customer's package is returned to the Seller by La Poste or other postal providers, the Seller will contact the Customer upon receipt of the returned package to ask them what they wish to do with their order. If the Customer has mistakenly refused the package, they can request its reshipment by first paying the postage costs for the new shipment. Postage costs must be paid even for orders for which shipping was free at the time of the order.

In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Customer is a Consumer and the contract for acquiring the Product or Service allows withdrawal), any product to be exchanged or reimbursed must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Customer cannot be attributed to the Seller.

Any delay in delivery compared to the date or period indicated to the Consumer Customer at the time of their order or, in the absence of a date or period indication at the time of the order, exceeding thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Customer, upon written request from them by registered letter with acknowledgment of receipt, if, after having enjoined the Seller to make the delivery, the Seller has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for the totality of the sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

Specific case of a package whose tracking number indicates "delivered" but not received in the mailbox: if the Customer notices and informs the Seller that the package is not in their mailbox despite its tracking number indicating that it is "delivered," customer service may request additional information and an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to ensure Customer satisfaction, including, in particular, immediately re-sending the products at its own expense.

Article 7 – Right of Withdrawal and Withdrawal Form

The Consumer Customer has fourteen (14) working days from the date of receipt of the product of their order to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, with the exception of return costs, within fourteen days from Noléa's receipt of the refund request.

The Product must imperatively be returned in perfect condition, unopened in its original packaging, and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Website, to be sent to Noléa. It is understood that the Customer will bear the cost of returning the Product in case of withdrawal.

It is recommended that the Customer make the return using a solution that allows package tracking. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with postal services to request its location.

The refund will be made using the same payment method chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller uses another payment method, and provided that the refund does not incur costs for the Customer.

The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Customer has not demonstrated that they have shipped the Product, if such a demonstration has not been made previously.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Customer's liability may be engaged.

In accordance with Article L121-17 of the French Consumer Code ("Hamon Law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the website:

Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

To:

Noléa

I / we (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the following goods:

Order number:

Name / First name:

Phone number:

Email address:

Postal address:

Reason for the claim:

Exchange* (mention desired product)
Refund* (attach complete bank details with IBAN and BIC mentioned)

Signature of the Customer(s) (only in case of notification of this form on paper):

Date:

(*) Delete as appropriate.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The consumer may decide to implement the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any guarantee; in the event of the implementation of this guarantee, the buyer has the choice between the cancellation of the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the date of the birth of the right in accordance with Article 2232 of the Civil Code.

All articles purchased on this site benefit from the following legal guarantees, provided for by the Civil Code;

Legal guarantee of conformity

The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be responsible for any defects in conformity existing at the time of delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day the Product is taken possession of.

On the other hand, it will be up to the Client to prove that the defect did exist at the time of taking possession of the Product.

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then obliged to proceed, unless impossible, according to the method not chosen by the buyer.”

Legal guarantee against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will exchange it. If the Product cannot be exchanged (obsolete Product, out of stock, etc.), the Client will be reimbursed by cheque or bank transfer for the amount of their order. The costs of the exchange or reimbursement procedure (including the return shipping costs of the Product) are then borne by the Seller.

Article 9 – Liability

The Seller Noléa shall not be held liable for the non-performance of the contract concluded due to the occurrence of a force majeure event. With regard to purchased Products, the Seller shall not incur any liability for any indirect damages resulting from these presents, loss of operation, loss of profit, damages or expenses that may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial impossibility of using the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, reimbursement, or involvement of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows for withdrawal, according to article L 121-21 of the Consumer Code.

The Client expressly acknowledges using the Site at their own risk and under their exclusive responsibility. In any event, Noléa shall in no event be held liable for:

any direct or indirect damage, particularly with regard to loss of profits, loss of earnings, loss of clientele, or data that may result from the use of the Site, or conversely from the impossibility of its use;
a malfunction, unavailability of access, improper use, incorrect configuration of the Client's computer, or the use of an uncommon browser by the Client;
the content of advertisements and other links or external sources accessible by Clients from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals on the Site or if these are erroneous or incomplete.

Article 10 – Force majeure

In accordance with article 1218 of the Civil Code, cases of force majeure or fortuitous events are considered to be events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably have avoided or overcome, to the extent that their occurrence makes the performance of obligations totally impossible.

The occurrence of a force majeure event will automatically suspend the execution of the Order.

Beyond a period of ninety (90) calendar days, if the parties note the persistence of the force majeure event, the Order may be cancelled by either party, and the sales contract terminated. To this end, the most diligent party must send the other a registered letter with acknowledgement of receipt denouncing the said sales contract.

The effective date of termination will be the date of the first presentation of the letter. In this hypothesis, neither party may claim the award of damages, unless otherwise agreed by both parties.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly forbidden without the express written agreement of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.

Only private use of the Site is permitted, subject to different or more restrictive provisions of the Intellectual Property Code.

Any total or partial reproduction of the Company's catalogue is strictly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property law unless prior authorization is obtained.

Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.

Any Client who commits counterfeiting may have their account deleted without prior notice or compensation and without this deletion constituting damage to them, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or their agent.

The trademarks and logos contained on the Site may be registered by Noléa, or possibly by one of its partners. Any person who represents, reproduces, embeds, disseminates or redistributes them is liable to the penalties provided for in articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 – Processing of personal data

The Company collects Client data:
a) for the purpose of processing and tracking the Client's Order on its Site; (and/or)
b) for the purpose of contacting you about various events related to the Company, including updates to Products and customer relationship management; (and/or)
c) for the purpose of gathering information to help us improve the Site and our Products (including through cookies).

The collected data is processed by the Site's contractual service providers who are responsible for packaging and distributing the ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secured and protected by a firewall.

The collected data is retained by the Company only for the time corresponding to the purposes of the collection mentioned above and which shall in no case exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client has the right to access, modify, rectify, delete, or object for legitimate reasons to their data.

The Client can exercise their rights by e-mail at contact@noléa.com

Article 13 – Comments and other user proposals

If the Client submits ideas, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Client grants the Company the right, at all times, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comments the Client sends.

The Company is not and shall not be obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.

The Company may monitor, modify or delete content that it deems, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Client undertakes to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or proprietary rights. The Client undertakes not to write illegal, defamatory, offensive or obscene content in their comments, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Client undertakes not to use a false email address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of their comments.

The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all commitment with respect to comments published by the Client or third parties.

Article 14 – Independence of clauses

If any provision of the GTC is found to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.

These GTC supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Client themselves.

A printed version of the GTC and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be drafted in the French language.

Article 15 – Applicable law and mediation

The General Terms and Conditions of Sale are subject to French law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked, stolen or falsified credit card. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause in these General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and shall not exempt the Client from fulfilling their contractual obligations.

Indemnity

You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees harmless from any claim or demand, including reasonable attorney's fees and court costs, made by any third party due to or arising out of your use of the website or our products and services, your breach of the terms or your breach of your acknowledgements, agreements, representations, warranties and obligations hereunder.

National or cross-border disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract may be submitted to mediation at the Client's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a Mediator approved by the Commission d’Evaluation et de Contrôle de la Médiation de la Consommation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Clients, for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and allows Clients to submit a mediation request online with supporting documents.

The dispute cannot be examined by the Mediator if:

- the Client does not prove that they have previously attempted to resolve their dispute directly with the Company through a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has been previously examined or is being examined by another mediator or by a court,

- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,

- the dispute is outside its scope of competence.

Mediation is free for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of their choice or an expert to defend them, they alone will bear the costs.

The Mediator may not receive any instructions from the parties or be remunerated based on the outcome.

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent Estonian court.

Parts Warranty:

The warranty is limited to 30 days following the date of purchase under normal conditions of use and excluding a breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.

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