Terms of Sales
ARTICLE 1. GENERAL PROVISIONS
Nieller is a registered trademark of Taness Sarl, a limited liability company with a capital of 65,000 euros, whose registered office is located at 11, route de Capian, 33550 Langoiran, France, registered in the trade and companies register under the number 503930422 RCS BORDEAUX (hereinafter referred to as the "Company"), which designs and markets jewelry items (hereinafter referred to as the "Items").
The Company has set up an online distance selling shop on its website www.nieller.com, hereinafter referred to as the "Website."
Clients are considered to be natural persons who order Articles as consumers for strictly personal use, hereinafter referred to as "the Client," "the Clients," or "You."
Any order placed by a Client implies unconditional acceptance of the general terms and conditions of sale in effect on the day of the order. These general terms and conditions of sale are subject to change. The previous general terms and conditions of sale are no longer enforceable against the Company.
ARTICLE 2. IDENTIFICATION OF THE OFFEROR
Taness Sarl
Limited liability company with a capital of 65,000 euros.
Registered with the Bordeaux Trade and Companies Register under number 503 930 422 RCS BORDEAUX.
Head office: 11, route de Capian, 33550 Langoiran, France.
VAT identification number: FR 09503930422
ARTICLE 3. OFFER
The Articles available for sale on the Site are subject to technical descriptions. The Company cannot be held responsible for any errors contained in these descriptions.
The photographs on the site represent the Articles available for sale as accurately as possible. However, these photographs are for indicative purposes only and have no contractual value.
The Articles and prices are valid when they are visible on the site. The Company cannot be held responsible in case of unavailability of the ordered Articles. In the event of unavailability of an ordered Article, our customer service will contact you as soon as possible. If you choose to cancel your order and your bank account has been debited, you will be refunded the amount of your order within a maximum period of thirty (30) days.
ARTICLE 4. ORDER
To place an order on the site, the Client must be of legal age and hold a credit card.
The Client agrees that the information provided to the company at the time of the order is accurate and up to date. Otherwise, the Company reserves the right to cancel the order.
To validate their order, the Client must accept the general terms and conditions of sale and press the "Validate" button. The Company will then send the Client an order confirmation email.
No modification or cancellation can be made once the order is paid.
The Company will inform the customer by email of the shipping date of their order.
The Company reserves the right to request the Client to provide additional information using a form, as well as a copy of their identity card and a copy of the payment method used for the payment. These documents will be sent to the Company by email at the provided address.
The Company also reserves the right to cancel any order:
- considered abnormal, in accordance with the provisions of Article L.122-1 of the Consumer Code.
- carried out by a Client with whom the Company has a dispute regarding the payment of a previous order.
- not in accordance with the general terms and conditions of sale.
It is accepted by the Company and the Client that emails will be valid between the two parties, as well as the automatic recording systems used on the Site.
The Company will retain the elements related to any order equal to or greater than 20 euros for a period of 10 years. This information is available to the Client upon written request, after verification of the identity of the requester.
ARTICLE 5. PRICE
The prices of items on the site are displayed in euros and include all taxes.
If the Company finds an error in the price of an Item, it will contact the Customer to offer to reconfirm the order at the correct price or to cancel it.
ARTICLE 6. PAYMENT
Payment for purchases is made by credit card, PayPal, or bank transfer. The Client agrees to make the payment using a credit card that they own, providing their first and last name.
When making an online payment, the Customer accesses a secure server operating with SSL encryption.
By communicating his credit card number, the expiration date of his card, and the numbers of the visual cryptogram on the back of his card, the Client accepts in advance and unconditionally that the Company proceeds with the transaction and that his bank debits his account, even in the absence of an invoice signed by the cardholder.
ARTICLE 7. DELIVERY
The items ordered on the Site can only be delivered to Customers residing in the following countries:
France, Germany, Austria, Belgium, Cyprus, Spain, Estonia, Finland, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovakia, Slovenia.
Delivery is the responsibility of the Company for all orders.
The Client agrees to provide their complete address when placing the order, including any additional information necessary for the smooth delivery (building, floor, staircase, phone number ...).
No order with a cedex address or a P.O. box will be processed.
The Client must ensure to be present at the delivery times communicated by the Company's carrier. If the Client is not present at the time of delivery, they must contact the carrier to schedule a new delivery.
If delivery has not been successful after two attempts, the carrier will return the package to the Company.
Upon delivery, you must check the condition and compliance of the Items. In case of any anomalies (open or damaged package, missing or damaged item, etc.), you must indicate it on the delivery note before signing it. You will then need to inform the Company by email via the contact form, as soon as possible.
Return shipping costs will be borne by the Company if the anomalies are confirmed.
The Company will offer an exchange of the Article or, failing that, the Customer will be refunded the total amount of the returned Articles by bank transfer to their bank account, within a maximum period of thirty (30) days after the Company receives the returned Articles.
The average delivery times are indicated on the Website during the ordering process. However, these times depend on the ordered Items and the destination countries.
In accordance with Article L.121-20-3 of the Consumer Code, delivery will take place within the timeframes communicated to the Client by email.
The transfer of ownership of the Article ordered on the Website to the Client occurs after full payment of the price of the Article and its effective receipt by the Company.
The risk of loss, theft, or damage to the Article is transferred upon delivery of the Article.
ARTICLE 8. RIGHT OF WITHDRAWAL
In accordance with the provisions of articles L.121-20 and following of the Consumer Code, the Customer has a right of withdrawal, without justification, within a period of fourteen (14) days from the receipt of the items.
The Client can return the delivered Items within this period, in their original packaging, complete, in perfect condition, and accompanied by their return slip and a copy of the invoice.
The Client must organize the return of the item according to the instructions sent by the Company.
Refunds for returned items will be made by bank transfer to the Client's bank account according to the bank details provided on the Company's website at the time of the order. The refund will be processed within a maximum period of thirty (30) days following the Company's receipt of the returned items.
Items that are worn, incomplete, damaged, or soiled will not be refunded.
ARTICLE 9. LEGAL WARRANTIES
The Articles sold on the Site are subject to the following legal warranties:
Article L.211-4 of the Consumer Code
The seller is required to deliver a good that conforms to the contract and is liable for any defects in conformity existing at the time of delivery.
He is also responsible for any non-compliance resulting from packaging, assembly instructions, or installation when it has been charged to him by the contract or has been carried out under his responsibility.
Article L.211-5 of the Consumer Code
To comply with the contract, the product must:
1 ° Be suitable for the usual intended use of similar products and, where applicable:
Correspond to the description given by the seller and possess the qualities that he presented to the buyer in the form of a sample or model;
Present the qualities that a buyer can legitimately expect in light of the statements contained in the advertising or labeling;
2 ° Or present the characteristics defined by mutual agreement between the parties or be suitable for any particular use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L.211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article 1641 of the Civil Code
The seller is bound by the hidden defects of the sold item, which makes it unfit for the use for which it is intended, or which so diminishes its use that the buyer would not have acquired it or would have done so at a lower price had they known of them.
Article 1648 of the Civil Code
The action resulting from hidden defects must be brought by the buyer within a period of two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller can be released from apparent defects.
ARTICLE 10. INTELLECTUAL PROPERTY
The domain name and all trademarks, logos, images, and designs appearing on the Site are the exclusive property of the Company, whether registered or not.
Any use, modification, or even partial reproduction of these elements, on any medium whatsoever, without the prior written consent of the Company, is strictly prohibited.
ARTICLE 11. APPLICABLE LAW
These general terms and conditions of sale are subject to French law. In case of dispute, French courts will have jurisdiction.