These general conditions of sale are concluded between, on the one hand, the company CALITEX, SA with a capital of 2,500,000 euros, registered with the RCS of Douai B under number 329 682 058 and whose registered office is located at 70 rue de Douai, 59400 Cambrai, hereinafter referred to as "NYDEL", and on the other hand, persons, individuals or not, wishing to make a purchase via the online sales site boutique.nydel-france.fr hereinafter referred to as "Customers" or the "Customer" as an individual.
These general conditions are intended to define the terms and conditions of sale between the company NYDEL, owner of the boutique.nydel-france.fr site and its Customers, from the order to the delivery, including the use of the services made available by NYDEL and by payment. They regulate all the steps necessary for placing the order and ensure the follow-up of this order between the contracting parties.
The placing of an order implies full acceptance by the Customer and its full and complete adherence to these general conditions of sale which prevail over any other document of the Customer, except with the express derogatory agreement of our company.
The fact that NYDEL does not take advantage at a given moment of any of the general conditions of sale cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.
If a condition were to be lacking, it would be considered to be governed by the practices in force in the sector of distance selling with consumers.
NYDEL reserves the right to modify its general conditions of sale at any time, the modifications then being applicable to all orders subsequent to this modification.
NYDEL undertakes to honor orders received on the boutique.nydel-france.fr site only within the limits of available stocks. In the absence of availability of one or more item(s) ordered, NYDEL undertakes to inform the customer as soon as possible, and if necessary to reimburse him at the latest within 30 days of payment. sums paid.
The shipping times indicated in the product sheets are indicative times. They may therefore undergo variations for which the Customer will be informed by NYDEL by e-mail during the order follow-up.
NYDEL strives to present the essential characteristics of the latter, which the Customer must be aware of, on the technical data sheets of the products. The photographs illustrating the products do not enter into the contractual field. The difference in perception of shapes and colors between the photographs presented and the products cannot engage the responsibility of NYDEL.
When placing the Order, the Customer guarantees to have full legal capacity to adhere to these general conditions and to enter into a sales contract with NYDEL.
For any payment by card, the Customer guarantees that he is fully authorized to use the said card and that the latter gives access to sufficient funds to cover all the costs necessary for the payment of the Order. NYDEL reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order or who, in their view, presents any form of risk.
Acceptance of the Conditions by the Customer:
These general conditions of sale can be read directly on the boutique.nydel-france.fr website. At the Customer's request, they can also be sent by e-mail or by post. The fact for the Customer to tick the box "I have read the general conditions of sale and I adhere to them without reservation." before validating his order automatically entails the express acceptance by him and without restriction or reservation of these general conditions of sale. The Customer acknowledges by this act to have read and understood the present conditions and to accept them.
Personal informations :
When placing the Order, the Customer agrees to provide the information requested and agrees to the veracity of the latter:
- last name and first name,
- email address,
- the type of payment card, the card number, the expiry date and the cryptogram of the card.
Any Customer validly registered on the boutique.nydel-france.fr site will be bound by any Order which required the use of his e-mail address and his personal password (subject to the rights of withdrawal and return such as defined herein).
The Customer must verify all the information entered during his Order (Product ordered, delivery address, billing address, order summary, etc.). This information appears on the Order confirmation email.
If after validation of his Order the Customer realizes the need to rectify certain information, he can do so by contacting Customer Service as soon as possible so that the latter can best satisfy his request. NYDEL cannot be held responsible for any input errors by the Customer or for the consequences in terms of delay or delivery error. Thus, if the delivery cannot take place due to an input error by the Customer, the reshipping costs will be borne by the Customer. In this case, the Customer will refrain from any claim due to delivery times.
Confirmation email :
NYDEL sends an email confirming the Customer's Order in order to direct him to his personal space where he can find the contractual elements of the sale.
Orders are processed in the order in which they are actually received and upon confirmation of payment.
Deliveries are only made according to availability and in the order of arrival of the Orders. They may be carried out in whole or in part.
NYDEL cannot be held liable for non-performance of the contract in the event of out of stock or unavailability of the Product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport, communications (breakdown of the computer network etc.), flood, fire, etc.
The prices of the Products sold on boutique.nydel-france.fr are indicated in Euros, all taxes included, excluding shipping costs (see Delivery paragraph). They take into account the VAT applicable on the day of the order. Any change in the applicable rate may be passed on to the prices of the Products after the date of entry into force of the new applicable rate.
The prices displayed on the site are subject to change at any time. They are also subject to variations for reasons of introductory prices, promotions or sales.
Payment for purchases is made at the Customer's option:
by credit card: Visa, MasterCard, Carte Bleue, issued in France, or American Express
For the security of your payments, NYDEL uses "Monetico Payment". At no time will your card number be communicated to us. Exchanges are encrypted and secured using the SSL 3 (Secure Socket Layer) protocol on the Internet, a protocol which has become a worldwide standard and which can be used by the main browsers.
Payments made by credit card will be made through a secure system. NYDEL has no access to these contact details and does not store them on its servers.
The Customer's account will be debited upon validation of the order by the Customer, for the amount of the product ordered.
The "Prestashop Checkout" module allows payment via Paypal. NYDEL has no access at any time to the connection information for the Customer's Paypal account.
NYDEL checks the orders that have been validated on its boutique.nydel-france.fr site. These controls are intended to protect NYDEL from abusive practices operated by fraudsters.
The amount of the delivery differs according to the Customer's location.
In Metropolitan France, the amounts are as follows:
- For an order of a total amount less than 70€, the shipping costs amount to 7€.
- For an order of a total amount greater than or equal to 70€, shipping costs are offered.
Outside Metropolitan France, shipping costs vary according to the total weight of the order and the Customer's delivery address. The amount is usually more than 7€.
Delivery times differ depending on the Customer's location.
Orders placed online via the boutique.nydel-france.fr site are collected every morning from Monday to Friday. NYDEL processes during the day all orders registered the day before until the time of the statement.
The order preparation time is variable, and can last between 1 and 3 days. Deadlines do not include Saturdays, Sundays and public holidays.
Delivery by post:
In the vast majority of cases, parcels are sent by post via Colissimo Suivi. They are then delivered to your home within 48 hours (this period does not include Sundays and public holidays).
If it turns out that the shipping deadline cannot be met, a new deadline will then be communicated to the Customer by NYDEL. In this case, a cancellation and refund proposal will also be made to the Customer.
If the Customer cannot be present at the address he has indicated on the day of delivery, a delivery notice is left in the Customer's mailbox. It is then up to the Customer to collect his Order from his Post Office within 10 working days following the filing of the notice. After this period of 10 working days, the Product will be automatically returned to the sender. If the Customer decides to proceed with a new delivery, this is at his expense and must be paid before the reshipment by contacting Customer Service.
If the Customer has entered an incorrect address when ordering, the Post Office will be unable to deliver and the Product will be automatically returned to the sender. If the Customer decides to proceed with a new delivery, this is at his expense and must be paid for before the reshipment by contacting Customer Service.
Upon receipt of the goods, the Customer must immediately check the condition of the items delivered and their conformity with the order. If the package is damaged, the buyer must refuse it and have it verified by La Poste.
Any anomaly concerning the articles (damage, missing article compared to the order form, damaged or open package, ...) must be indicated within 3 days of delivery.
The Customer may at any time consult the status of his order by consulting his account on the boutique.nydel-france.fr website. This follow-up allows the Customer to know the follow-up status of his order. The Customer may at any time contact NYDEL's customer service to be informed of the status of his order.
8. Right to retract
The Customer has a legal period of fourteen clear days from the date of receipt of the Products (from the date of last receipt in the event of an order for several Products) to exercise his right of withdrawal without having to justify any reason or to pay penalties.
The postal costs of the returned Product are the responsibility of the Customer. The Product must be returned together with the delivery note or the original purchase invoice to the address of NYDEL's head office.
For all products returned from a country outside the European Union, potential customs fees are the responsibility of the Customer.
To be reimbursed, the Customer must return the Product unused and in perfect condition in its original packaging.
Any return will be refunded at the latest within fourteen days following the date on which the Customer will have informed NYDEL in writing of its decision to withdraw.
Any exchange or return must be the subject of a request for exchange or return by e-mail to firstname.lastname@example.org or via the form available on the "Order details" page in the "My account" section on the boutique.nydel-france.fr website.
The customer must keep the proof of deposit of the package which will be given to him by La Poste. In case of loss of the package, no refund will be made without this proof of deposit.
In the event of exercise of the right of return in compliance with the conditions stipulated herein, the Customer will be offered a refund of the amount of the purchase, excluding the amount of the return postage paid by the Customer.
The only case where the return shipping costs of the Product are reimbursed to the Customer is when the return originates from an error on the part of NYDEL.
NYDEL cannot be held liable for the non-performance or poor performance of the contract concluded in the event of force majeure, the occurrence of an event attributable to the Customer, any inconvenience, unforeseeable and insurmountable damage inherent in the use of the network. Internet, in particular a break in service, an external intrusion or the presence of computer viruses.
The photographs and illustrations accompanying the products on the boutique.nydel-france.fr website have no contractual value and therefore cannot engage NYDEL's liability.
10. Protection of personal data
In accordance with article 34 of the law "Informatique et Libertés" of January 6, 1978, visitors or customers of the boutique.nydel-france.fr site have at any time a right of access, modification, rectification and deletion of data concerning them.
To exercise this right, the Internet user must send an e-mail to NYDEL via the contact form present in the "Contact us" section or to the address email@example.com or a letter to the following address: 70 rue of Douai, 59400 Cambrai.
During the registration of a Visitor or an order from a Customer, or in the context of other specific operations on the boutique.nydel-france.fr site, NYDEL is required to collect personal data. personal, i.e. information allowing the individual to be identified, in particular his first name, last name, e-mail address, date of birth, postal address. When the Visitor or the Customer decides to communicate this personal data on the boutique.nydel-france.fr site, he expressly gives his consent for the collection and use of his data in accordance with the legislation. The Visitor or Customer may at any time modify his subscription through the hypertext link at the bottom of the offers received by e-mail.
The data collected is intended solely for the use of NYDEL. They are necessary for the processing and management of the Customer's orders as well as for the commercial relations between NYDEL and the Customer. They also allow NYDEL to provide the Customer with personalized services and to improve the relevance of the information offered to him.
NYDEL undertakes to effectively take into account changes to subscriptions and unsubscriptions to commercial e-mails distributed by it on behalf of boutique.nydel-france.fr as soon as possible according to the necessary processing.
11. Intellectual property
All elements of the boutique.nydel-france.fr site, whether visual, graphic, video or sound, including the underlying technology used, are protected by current legislation on intellectual property, in particular by the right copyright, trademark or patent law and image rights. They are the exclusive property of NYDEL.
Anyone with an Internet site wishing to place a simple link on their site directly to the boutique.nydel-france.fr site must request authorization from NYDEL. An authorization given by NYDEL will in no way constitute an implicit agreement of affiliation and will in no case be given definitively. In any case, any link, even tacitly authorized, must be removed upon simple request from NYDEL. Any hypertext link to the boutique.nydel-france.fr site and using in particular the technique of framing, deep-linking, in-line linking or any other deep linking technique is strictly prohibited.
In the event that one of the clauses of this contract would be null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and respect of these general conditions of sale.
These conditions apply for the entire duration of the boutique.nydel-france.fr website.
14. Applicable law, disputes
These general conditions of sale are subject to French law.
In the event that a dispute arises from this contractual relationship, the Internet user and NYDEL undertake before any legal action to seek an amicable solution.
In the event of a dispute, only the French courts will be competent.