ARTICLE 1 – Field of application
These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Customer”), wishing to acquire the products offered for sale (“the Products”) by the Seller on the website www.nym.fr. The Products offered for sale on the site are the following
Basic Skin Care Oil
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 www.nym.fr, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are subject to availability, as specified when the order is placed. These GTC are accessible at any time on the website www.nym.fr and shall prevail over any other document.
The Customer declares that he/she has read these GTC and has accepted them by ticking the box provided for this purpose before placing an order online at www.nym.fr. In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
The Vendor’s contact details are as follows
Laboratoires NYM, SAS
Share capital of 5000 euros
Registered at the RCS of Nanterre, under the
number 820 241 081
114 Rue D’Aguesseau 92200 Boulogne-Billancourt
mail : info@nym.fr
The Products presented on the www.nym.fr website are offered for sale in the following territories:
Europe, Asia, North America, Africa.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be paid by the Customer and are their sole responsibility.
ARTICLE 2 – Prices
The Products are supplied at the prices in force on the site www.nym.fr, at the time the order is registered by the Seller.
The prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account any discounts that may be granted by the Seller on the www.nym.fr website.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is the Customer’s responsibility to select the Products he/she wishes to order on the www.nym.fr website, according to the following procedures:
The Customer chooses a Product and places it in his/her shopping basket, which he/she may delete or modify before validating his/her order and accepting the present general conditions of sale. He will then enter his details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment by the Customer according to the terms and conditions provided.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and to immediately report any error.
Any order placed on the www.nym.fr website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller 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 may follow the progress of his order on the site.
ARTICLE 4 – Terms of payment
The price is paid by secure payment, according to the following methods:
Payment by credit card
The price is payable in full by the Customer on the day the order is placed.
The payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the www.nym.fr website.
Payments made by the Customer shall not be considered final until the Seller has actually collected the sums due.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in Metropolitan France or in the following zones
Europe, Asia, North America, Africa.
Deliveries are made within 10 days 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 the case of special circumstances or the unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to make their best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are given as an indication.
If the Products ordered have not been delivered within a period of 1 month after the indicative delivery date, for any other reason than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.
Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access.
When the Customer has himself/herself called upon a carrier that he/she chooses, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Seller in the event of a failure to deliver the goods transported.
The Seller also offers free delivery to one of its shops accessible via the following link or locations: www.nym.fr
In the event of a particular request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs shall be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. The Customer has a period of 3 days from the date of delivery to make complaints by post or email, accompanied by all relevant evidence (in particular photos). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no complaint can be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity or the 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 French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of handing over the goods to the carrier.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Seller’s Products will only take place after full payment of the price by the Seller, regardless of the date of delivery of said Products.
ARTICLE 7 – Right of withdrawal
Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the Customer places the order in accordance with the terms and conditions set out in these GTC.
ARTICLE 8 – Seller’s liability – Guarantees
The Products supplied by the Seller benefit from :
the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
“The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where applicable :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
– if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code.
“The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer’s request for service or from the date the goods in question are made available for repair, if this is after the request for service.
In order to assert his rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects from the moment of their discovery.
The Seller shall refund, replace or repair the Products or parts under warranty that are found to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller’s finding of the non-conformity or hidden defect. This refund may be made by bank transfer or cheque.
The Seller shall not be held liable in the following cases
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and shall not engage the responsibility of the Seller.
The Seller’s guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 9 – Data processing and liberties
In application of the law 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer is necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any of the Vendor’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the www.nym.fr website has been declared to the CNIL, number axM2082365J.
In accordance with national and European regulations in force, the Customer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her.
This right may be exercised in accordance with the procedures described in the “legal notice” section of the www.nym.fr website.
ARTICLE 10 – Intellectual property
The content of the site www.nym.fr is the property of the Seller 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 forbidden and is likely to constitute an infringement of copyright.
ARTICLE 11 – Applicable law – Language
These GTC and the operations arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 – Disputes
For any complaint, please contact the customer service department at the Seller’s postal or e-mail address indicated in ARTICLE 1 of these GTC.
The Customer is informed that he may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is
MEDICYS
73 Boulevard de Clichy 75009 Paris
www.medicys.fr
E-mail: contact@medicys.fr.
The Customer is also informed that he/she may also have recourse to the Online Dispute Resolution platform (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale operations concluded in application of these GTC and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.[/vc_column_text]
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