General conditions
General conditions of use of the site (CGU)
Article 1: Definitions and scope of application
“User” or “you” means any user of the Site, professional or non-professional;
“CGU” means these general conditions of use;
“Site” means the website published by NACH, available at the address https://www.nachbijoux.com;
“NACH” means NACH, a limited liability company with capital of 15,000 euros, whose registered office is located in Toulouse (31300) – 125 Chemin de Tournefeuille, and registered with the RCS of Toulouse under number 534 503 958, represented by its legal representative.
“Host” means OVH, a simplified joint stock company with capital of €10,069,020, whose registered office is located at 2 rue Kellermann 59100 Roubaix, registered with the Lille Trade and Companies Register under number 424 761 419, represented by its Chairman.
The purpose of the T&Cs is to define the conditions under which you can consult the Site. By browsing the Site, you acknowledge having read and accepted these T&Cs.
NACH may be required to modify these T&Cs in order to adapt to the technological environment or to comply with current regulations. The user must therefore regularly check the site to stay informed of any changes or updates to the T&Cs.
Article 2: Access to the site
Access to the site is reserved for adults. The publisher reserves the right to request proof of your age.
Access to and use of the site are reserved for strictly personal use. You agree not to use this site and the information or data contained therein for commercial, political, advertising purposes or for any form of commercial solicitation, including the sending of unsolicited e-mails.
Article 3: Content of the site
All brands, photographs, texts, comments, illustrations, images, animated or not, video sequences, sounds, as well as all computer applications which could be used to operate this site and more generally all elements reproduced or used on the site are protected by the laws in force under intellectual property.
They are the full and entire property of the publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The fact that the publisher does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution.
Article 4: Site management
For the proper management of the site, the publisher may at any time:
- suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user;
- delete any information that may disrupt its operation or contravene national, international or European laws;
- suspend the site in order to carry out updates.
Article 5: Responsibilities
The publisher cannot be held liable in the event of failure, breakdown, difficulty or interruption of operation, preventing access to the site or to one of its functionalities.
The equipment you use to connect to the site is your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, particularly from virus attacks via the Internet. You are also solely responsible for the sites and data you consult.
The publisher cannot be held responsible in the event of legal proceedings against you:
- due to the use of the site or any service accessible via the Internet;
- due to your failure to comply with these general conditions of use.
The publisher is not responsible for any damage caused to yourself, third parties and/or your equipment as a result of your connection or use of the site and you waive any action against it as a result.
If the publisher were to be subject to amicable or legal proceedings as a result of your use of the site, it may take action against you to obtain compensation for all damages, sums, convictions and costs which could arise from these proceedings.
Article 6: Hypertext links
The establishment by the user of any hypertext links to all or part of the site is strictly prohibited, except with the prior written authorization of the publisher, requested by email to the following address: shop@nachbijoux.com.
The publisher is free to refuse this authorization without having to justify its decision in any way. In the event that the publisher grants its authorization, it is in all cases only temporary and may be withdrawn at any time, without any obligation for the publisher to provide justification.
In any case, any link must be removed upon simple request from the publisher.
Any information accessible via a link to other sites is not under the control of the publisher, who declines all responsibility for their content.
Article 7: Privacy Policy
This privacy policy is intended to inform you how personal data concerning you (hereinafter the “Personal Data”) is collected, processed and stored by NACH.
NACH is very concerned about respecting your privacy and the confidentiality of your Personal Data, and therefore undertakes to process your Personal Data in compliance with applicable laws and regulations, and in particular Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter together the "Applicable Regulations").
7.1 Data collected
NACH may collect Personal Data in the following situations:
Your email address, when you subscribe to the Newsletter or when you create a personal login account; your contact details, if you wish to order on the Site.
7.2 Purposes
NACH processes your Personal Data for the following purposes:
If you have given your consent, the communication of news, inspirations or purchase recommendations concerning products marketed by NACH. You have the right to withdraw your consent at any time;
Processing your questions and requests.
The legal basis for these treatments is NACH's legitimate interest in learning about your orders, responding to your requests, and managing and organizing its delivery process for the items ordered.
Your data may be transmitted to NACH subcontractors and service providers (in particular IT service providers, email service providers, logistics service providers, etc.).
7.3 Data retention
As part of your requests for newsletters and information, and unless you object, NACH retains your Personal Data for a period of three (3) years from your last purchase. NACH reserves the right to retain your Personal Data in an intermediate archive database for the legal limitation periods.
The Personal Data that you communicate to us as part of our recruitment process may be kept for a maximum period of two (2) years from your last contact. However, NACH reserves the right to keep them in intermediate archives for the limitation periods applicable in civil or criminal matters.
7.4 Exercising your rights
In accordance with the Applicable Regulations, you have the right to access, rectify and erase your Personal Data. Under the conditions provided for by the Applicable Regulations, you also have the right to request the limitation of processing, and the right to object to it for reasons relating to your particular situation. You may also give instructions on the processing of your Personal Data in the event of death.
You may also, at any time and without reason, object to the processing of your Personal Data for commercial prospecting purposes.
These rights can be exercised with NACH, by sending your request accompanied by a copy of an identity document by email to the following address: shop@nachbijoux.com.
You are informed that you can file a complaint with the CNIL at any time.
7.5 Guarantees
In accordance with its legal obligations, NACH undertakes to take all reasonable technical and organizational measures, and imposes on its subcontractors all obligations necessary to ensure the security and confidentiality of your Personal Data.
NACH also guarantees that it will use your Personal Data only for the purposes of which you have been informed in this Privacy Policy, and will not communicate, transfer or sell your Personal Data to third parties.
Article 8: Cookies
The Site may collect standard information automatically. Any information collected indirectly will only be used to monitor the volume, type and configuration of traffic using this Site, to develop the design and layout of the Site and for other administrative and planning purposes and more generally to improve the service we offer to you.
Article 9: Photographs and representation of products
The product photographs accompanying their description are not contractual and do not bind the publisher.
Article 10: Applicable law
These conditions of use of the site are governed by French law and subject to the jurisdiction of the courts of the jurisdiction of the place of the registered office, subject to a specific attribution of jurisdiction arising from a particular law or regulation.
Article 11: Contact us
For any questions, information on the products presented on the site, or concerning the site itself, you can leave a message at the following address: shop@nachbijoux.com
GENERAL CONDITIONS OF SALE (CGV)
Article 1: Definitions and scope of application
“GTC” means these general terms and conditions of sale;
“NACH” or “Supplier” means the seller, namely the company NACH, a limited liability company with capital of 15,000 euros, whose registered office is located in Toulouse (31300) – 125 Chemin de Tournefeuille, and registered with the RCS of Toulouse under number 534 503 958, represented by its legal representative;
“Client” means the non-professional consumer user of the Site;
“Products” means the products listed in Article 2 of these T&Cs;
“Site” means the website published by NACH, available at the address https://www.nachbijoux.com.
These General Terms and Conditions apply, without restriction or reservation, to all sales concluded by NACH with Customers wishing to acquire the Products offered for sale by the Supplier on the website www.nachbijoux.com.
They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
These T&Cs may be supplemented by specific conditions, stated on the Site, before any transaction with the Customer.
These General Terms and Conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document.
These T&Cs may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the Site on the date the order is placed.
Article 2: Products offered for sale
The Products offered for sale on the Site are jewelry, accessories, leather goods, office accessories, ready-to-wear, and more broadly all products appearing on the Site.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the Site.
The Customer is required to read this before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of NACH.
The Customer is required to refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
Article 3: Duration of validity of the product offer
Product offers are subject to availability of stock, as specified when the order is placed.
Article 4: Orders
4.1 Placing the order
It is up to the Customer to select on the Site the Products that he wishes to order, according to the following terms:
Before any order, the Customer must connect to the Site, create an account or order via a “visitor” profile.
While browsing the Site, the Customer wishing to place an order can do so by simply clicking on the button intended to add the Product to the shopping cart.
Once this operation has been carried out, the Customer will see the number of Products in their basket displayed. NACH may apply an expiration period to the contents of the basket.
The Customer may continue their visit or click on their shopping cart to see the contents of their cart displayed on the screen, including all the elements of the order and in particular the essential characteristics of the Products, their price, the total amount of the order, the billing and delivery details, the delivery times, costs and possible delivery restrictions as well as the legal rights and guarantees available to the Customer.
The Customer may return to this order, complete it, modify it, cancel it as long as he has not definitively validated it. If the Customer wishes to choose other Product(s), he can continue browsing the Site, being assured that the Product(s) he has just selected is/are well kept in his shopping cart.
Once the selection of Products is complete, the Customer can order them by confirming the order via the button provided for this purpose.
The Customer undertakes to complete the form made available to him in good faith. He acknowledges that the data he communicates to NACH and which are stored in the information systems of NACH and/or its subcontractors are accurate and constitute proof of his identity.
The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to check the accuracy of the order and to immediately report or rectify any errors.
The registration of an order on the Site is carried out when the Customer accepts these General Terms and Conditions by checking the box provided for this purpose and validates his order. This validation implies acceptance of all of these General Terms and Conditions of Sale and Use of the Site.
The sale is only final after the sending to the Customer of confirmation of acceptance of the order by NACH by e-mail, which must be sent without delay and after receipt by the latter of the full price.
Any order placed, validated by the Customer and confirmed by NACH, under the conditions and according to the terms described above, on the Site constitutes the formation of a contract concluded remotely between the Customer and NACH.
Unless proven otherwise, the data recorded in the NACH computer system constitutes proof of all transactions concluded with the Client.
NACH 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.
The Customer will be able to follow the progress of his order on the Site.
4.2 Modification of the order
Once confirmed and accepted by NACH, under the conditions described above, the order cannot be modified.
Article 5: Rates
The Products are supplied at the current prices appearing on the Site, when the order is registered by NACH. Prices are expressed in Euros, excluding and including VAT or dollars depending on the country concerned.
The prices take into account any reductions that may be granted by NACH on the Site.
These prices are firm and not revisable during their period of validity, as indicated on the Site, NACH reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the Site and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are entirely at the Customer's expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Article 6: Payment conditions
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:
- by bank cards: Carte Bancaire, Visa, MasterCard, and other bank and credit cards;
- by Giropay for Germany
- by Bancontact for Belgium
- by iDEAL for the Netherlands
- with a PAYPAL account. By choosing payment via PayPal, the Customer will be automatically directed to his PayPal account. Once the PayPal payment has been validated, he will be able to complete his order on the Site.
- with a PayLib or Lydia account compatible with the browser and device from which the order is made.
- with an Apple Pay account
- with a Klarna account: Pay Now
- with a Klarna account: Payment in 3 installments without fees
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and the return of the corresponding amounts.
It is specified that by choosing to pay by bank card, the Customer will then be automatically transferred to the payment service provider's electronic payment server. The payment service provider's server is secured by SSL (Secure Socket Layer) encryption in order to protect all data relating to payment methods as effectively as possible, and that at no time will the Customer's banking data pass through the NACH computer system. Its liability is therefore released.
Article 7: Deliveries
The Products ordered by the Customer will be delivered in mainland France and throughout the world within the shipping time indicated on the Product sheet, to which is added the processing and delivery time to the address indicated by the Customer when ordering on the Site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or in the unavailability of one or more Products, the Products ordered will be delivered in one go.
NACH undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified on the order summary, sent by email. However, these deadlines are provided for information purposes only. If the Products ordered have not been delivered after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions set out in Articles L. 216-2, L. 216-3 and L. 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
In the event of non-conformity of the Product delivered, NACH undertakes to remedy this or to reimburse the Customer, as indicated in article 10 “NACH’s Liability – Guarantee”.
NACH assumes the risks of transport and is required to reimburse the Customer in the event of damage caused during transport.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by NACH, the costs related thereto will be subject to specific additional invoicing, on a quote previously accepted in writing by the Buyer.
The Customer is required to check the condition of the delivered products. The Customer has a period of five (5) days from delivery to make a complaint in writing, by email containing all the supporting documents relating thereto (photos in particular). After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no complaint may be validly accepted by NACH.
NACH will reimburse or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L. 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.
Article 8: Transfer of ownership - Transfer of risks
The transfer of ownership of NACH Products to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only be carried out at the time when the Customer physically takes possession of the Products. The Products therefore travel at the risk and peril of NACH.
Article 9: Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Supplier, without having to provide reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following notification to the Supplier of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the Site, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by NACH, or any other declaration, free from ambiguity, expressing the desire to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded. The return costs are the responsibility of the Supplier, only in Metropolitan France.
The refund will be made within fifteen (15) days from receipt by NACH of the package relating to the Customer's decision to withdraw.
Article 10: Liability of NACH - Guarantee
The Products sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by NACH benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use, under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity, the Customer
- has a period of two years from delivery of the goods to take action against the seller;
- may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.
The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the Product.
The Customer may decide to implement the warranty against hidden defects of the product in accordance with Article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert its rights, the Customer must inform NACH of the non-conformity of the Products within a maximum period of five (5) days from the delivery of the Products or of the discovery of hidden defects within the time limits referred to above via the contact form on the website, "Contact us" tab, before being invited, where applicable, to return the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
NACH will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within thirty (30) days following NACH's discovery of the lack of conformity or hidden defect.
The refund will be made by credit to the Customer's bank account.
NACH cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
NACH's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
Article 11: Protection of personal data
In application of law 78-17 of January 6, 1978 amended by law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any NACH partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Site meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her.
This right may be exercised under the conditions and according to the methods defined on the Site.
Article 12: Intellectual property
The content of the Site is the property of NACH and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Article 13: Unforeseen circumstances
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.
Article 14: Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
Article 15: Applicable law - Language
These General Terms and Conditions and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.
Article 16: Disputes
All disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions may give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between NACH and the Client will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (art. L.612-1 of the Consumer Code) or to any alternative dispute resolution method in the event of a dispute.
Article 17 - Pre-contractual information - Customer acceptance
The fact for a natural person (or legal entity) to order on the website www.nachbijoux.com implies full and complete adherence to and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against NACH.
Article 18 – NACH contact details
NACH's contact details are:
NACH, a limited liability company with capital of 15,000 euros, whose registered office is located in Toulouse (31300) – 125 Chemin de Tournefeuille, and registered with the Toulouse Trade and Companies Register under number 534 503 958, represented by its legal representative.
Email: shop@nachbijoux.com
Phone: 05 31 61 94 19
In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Client has, at any time, a right of access, rectification, opposition, erasure and portability of all of his personal data by writing, by post and providing proof of identity, to the address of NACH, mentioned above.
Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site.
