Terms of Sales
1 – The seller. The site www.naklis-home.com is published by the company NAKLIS HOME SAS, a simplified joint-stock company with capital of € 1,000, whose head office is located at 3565 Route de la Valloire 26140 Anneyron (France) registered under the number Siret 841 616 360 000 19 and intra-community VAT FR 08 841616360.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
2 – The parties. These General Conditions of Sale apply between NAKLIS HOME SAS and the Customer of the Website www.naklis-home.com.
3 - Conditions. The General Conditions of Sale, as well as the order form and the order confirmation constitute the sales contract between the Customer and NAKLIS HOME SAS relating to the sale of the products ordered. Any order made on the Website requires that the Customer first and unreservedly accepts the General Conditions of Sale in their entirety. In case of disagreement with the terms and conditions of the General Conditions of Sale, the Customer must not use the Website. The contract is simply concluded between the seller and the Internet user.
4 – Rights and obligations. These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller. The contract defines the obligations of the parties (seller: deliver the goods, buyer: pay the price) - information obligation imposed by art. L111-1 c. conso.
5 - Provisions. General Provisions These General Conditions of Sale (GTC) apply to all sales of Products, made through the Company's websites which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T & Cs can be viewed on the Company's website at the following address: www.naklis-home.com.
6 – The client. The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or to validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
7 – Price. The prices of the products sold through the Internet sites are indicated in Euros All Taxes included and precisely determined on the product description pages. They can also be indicated in euros excluding taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to obtain information on these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.
8 - Terms of the contract. Conclusion of the online contract The Customer must follow a series of steps specific to each Product offered by the Seller in order to be able to place his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if applicable of its options and indication of the essential data of the Customer (identification, address…); ➢ Acceptance of these General Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors.➢ Follow-up of instructions for payment, and payment of products. ➢ Product delivery. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
9 - Products and services. The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Product offer as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions on compliance and hidden defects, the Seller refunds or exchanges defective products or products not corresponding to the order. Reimbursement can be requested by email to this address: firstname.lastname@example.org
10 - Retention of title clause. The products remain the property of the Company until full payment of the price.
11 - Terms of delivery. The products are delivered to the delivery address that was indicated when ordering and the time indicated. This time does not take into account the time taken to prepare the order. When the delivery requires an appointment with the Customer, the latter must contact the Company by email at email@example.com. When the Customer orders several products at the same time, they may have different delivery times, depending on the shipping and storage methods. In all cases, the Customer will be notified by email. In the event of late shipment, the Customer will be notified in advance by email. In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the "outbound" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered.
12 - Availability and presentation. Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event that an item is unavailable for a period exceeding 5 weeks, you will be immediately notified of the foreseeable delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its refund.
13 - Payment. Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by Paypal account, by bank card (CB) via secure bank payment terminal and by bank transfer. Payment by Paypal account is made and secured by the online payment site Paypal. Payment by bank transfer is made through the bank account of the NAKLIS HOME SAS Company described in the payment information. After confirmation of the perfect receipt of payment, the order will be validated and shipped according to the deadlines communicated on the website.
14 - Withdrawal period In accordance with article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties , with the exception, where applicable, of return costs ”. "The period mentioned in the previous paragraph runs from receipt for the goods or from the acceptance of the offer for the provision of services". The right of withdrawal can be exercised by contacting the Company as follows: mail firstname.lastname@example.org or at the address NAKLIS HOME SAS 3565 Route de la Valloire 26140 Anneyron. If the right of withdrawal is exercised within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Product returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be re-marketed in new condition; if possible, they should be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you will find below the standard withdrawal form to be sent to us at the following address: NAKLIS HOME SAS - 3565 route de la Valloire 26140 Anneyron.
15 - Guarantees. In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The request for reimbursement must be made as follows: The reimbursement will be made, at the latest, within fourteen days from the date on which the Company NAKLIS HOME SAS is informed of the Customer's decision to withdraw. The refund may be deferred until the Product is collected by the Returns department of NAKLIS HOME SAS or until the Customer has provided proof of shipment of the Product, the date selected being the date of the first of these facts. The refund will be made according to the payment method used for the Order. The Seller reminds that the consumer: - has a period of 2 years from the delivery of the good to act with the Seller - that he can choose between replacement and repair of the good subject to the conditions provided by the art. apparently defective or not corresponding - that he is exempt from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the good. - that, except second-hand goods, this period will be extended to 24 months from March 18, 2016 - that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code). Before shipment, the Products delivered to the Customer are checked to ensure that they comply with the description made on the Website. However, it is specified that, for technical (photographic and / or IT) reasons, the actual rendering or the colors of the Products may sometimes differ slightly from that of the photographs presented on the Website.
16 - Complaints. Where applicable, the Purchaser may submit any complaint by contacting the company using the following contact details: NAKLIS HOME SAS - 3565 Route de la Valloire 26140 Anneyron or by email at: email@example.com.
17 - Intellectual property rights. Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
18 - Force majeure. The fulfillment of the seller's obligations at the end of these presents is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent their execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
19 - Nullity and modification of the contract. If one of the provisions of this contract were canceled, this nullity would not result in the nullity of the other provisions which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
20 - Protection of personal data. In accordance with the Data Protection Act of January 6, 1978, you have the rights to query, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you agree that we collect and use this data for the performance of this contract.
21 – Liability. The products presented on the Website comply with the French legislation in force and the standards applicable in France. The Customer is solely responsible for compliance with the regulations applicable in his country of residence or in the country of destination of the Products. It is up to him to find out from the local authorities concerned about any restrictions on the import, export or use of the Products that he intends to order on the Website. The liability of Naklis SAS is limited to direct and foreseeable damage that may result from the use by the Customer of the Website and the Products. Naklis SAS is not liable for damages resulting from the fault of the Customer for the use of the Products.
22 – Conditions of use of the products. The Customer undertakes to systematically comply with the advice for use indicated by the Company NAKLIS HOME SAS on the packaging and on the product assembly instructions before any use. For any additional information concerning the characteristics of the Products, the Customer can contact the Seller by email at the following address: firstname.lastname@example.org. The liability of NAKLIS HOME SAS is limited to direct and foreseeable damage that may result from the use by the Customer of the Website and the Products. The company NAKLIS HOME SAS does not engage its responsibility for damages resulting from a fault of the Customer for the use of the Products. In general, in the event of misuse other than the recommendations and instructions provided by the seller, NAKLIS HOME SAS cannot be held responsible for any direct and indirect material and physical damage caused by failure to comply with the provided information.
23 - Applicable law. All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to therein, will be subject to French law.