TERMS & CONDITIONS
Preamble
The present general terms and conditions of sale, governed by articles L.111-1 et seq. of the French Consumer Code, determine the rights and obligations of the parties. By validating an order on the website accessible at https://www.nabenia.com, the user declares that he/she has read and accepted the terms and conditions prior to placing the order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.
1 - COMPANY PRESENTATION
The NABENÏA brand is operated by the company:
Nom : KALSOUBE NANCY DARGUEL
Siège social : 32 rue de Paris, 92100 Boulogne-Billancourt, Île-de-France, France
RCS NANTERRE 928712678
Website : www.nabenia.com
2 - PURPOSE OF THE TERMS AND CONDITIONS
The general terms and conditions of sale described below detail the rights and obligations of NABENÏA and its customer in the context of the sale of any product presented on the www.nabenia.com website. They aim to define the reciprocal obligations between the seller and the customer. NABENÏA reserves the right to modify these General Sales Conditions, hereinafter referred to as GSC, at any time. Nevertheless, the General Terms and Conditions of Sale applicable to the order are those accepted by the customer at the time the order is placed. The parties agree that their relationship will be exclusively governed by the present contract, to the exclusion of any other condition. The items offered for sale may not be transferred in any way whatsoever.
All users of the site undertake to respect, without restriction or reservation, the present terms and conditions, whether they visit the site or place an order. The customer must read them before placing an order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.
3 - PRODUCTS
Items displayed on the www.nabenia.com website can only be delivered while stocks last. If a product is not available, NABENÏA will inform the buyer by e-mail as soon as possible. The buyer will then be able to choose another article or cancel the order and be reimbursed.
Any customer complaint concerning the ordering or delivery of an unavailable item will be considered unfounded.
NABENÏA makes every effort to describe the products offered for sale as accurately as possible. However, NABENÏA cannot be held responsible for any errors in this presentation.
Users wishing to receive further information about a Product are invited to contact Customer Service at the following address: customercare@nabenia.com
Illustrations and photos of the Products in support of the text are not contractual. NABENÏA tries its best to ensure that the photographs of the Products conform as closely as possible to the Products actually delivered to the Customer. Under no circumstances may NABENÏA be held liable on the basis of said illustrations/photos.
4 - PRICES
The prices of products listed online on the NABENÏA website, indicated in euros, and including VAT, are those set at the time the order is placed by the customer. The sale prices of products may be modified by NABENÏA at any time. The customer will be informed of any such modification prior to placing an order.
These prices do not include shipping costs, which are invoiced in addition to the price of the products purchased. Shipping costs will be indicated before the customer registers the order. The various shipping methods are shown on the Site; they may be modified at any time by NABENÏA.
Prices include the value added tax (VAT) applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of products sold by NABENÏA on its website.
5 - ORDERING
Any Order constitutes acceptance of these General Terms and Conditions of Sale, without prejudice to any specific contractual terms agreed between the Parties. The contractual information is provided in French and English. Before confirming the Order, the customer has the opportunity to review the details of the proposed Order and correct any errors.
The distance selling contract is concluded from the moment the buyer confirms his order by validating payment. The customer is deemed to have accepted, with full knowledge of the facts, the content and conditions of the order in question, and in particular these General Terms and Conditions of Sale, the fact that the order implies an obligation to pay on his/her part, and the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the customer. The Buyer's credit card will be debited immediately upon validation of the order.
Once this stage has been validated, the customer will no longer be able to cancel the order. The sale will be considered as final if the customer does not exercise his/her right of withdrawal under the conditions set out in article 8 of these General Terms and Conditions of Sale. The Order will be confirmed to the customer by any appropriate means, and an e-mail will be sent to the customer when the Order is dispatched.
If one or more products are unavailable after an order has been placed, the customer will be notified by email.
The customer will have the option of receiving a refund for the unavailable products or receiving delivery when the products in question are back in stock (unless the product has been permanently withdrawn from the catalog).
6 - TERMS OF PAYMENT
The price is payable in cash, in full, on the day the order is placed by the customer, by secure payment, in accordance with the following terms and conditions:
-
By credit card: Visa, MasterCard
-
Or via the Paypal secure payment platform.
Payment data is exchanged in encrypted mode using Stripe.
Bank details circulate on the Internet only in encrypted form and are never stored by NABENÏA. Customer orders may be subject to 3D Secure verification. 3D Secure is an authentication-based payment system that guarantees optimum security for online purchases. During payment, the customer's bank verifies the identity of the credit card holder before validating the transaction. In order to protect itself against certain abusive practices on the part of fraudsters, NABENÏA checks the orders that have been validated on its site. As part of this control, NABENÏA’s customer service department may ask the customer to provide certain supporting documents, such as proof of address or the name of the person given as the delivery address, etc.
NABENÏA 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.
Payments made by the customer will not be considered final until the Seller has received the sums due.
Late payment will result in the immediate payment of all sums due by the customer, without prejudice to any other action that the Vendor may be entitled to take against the customer in this respect.
Payments made by the customer will not be considered final until NABENÏA has received the sums due. Furthermore, NABENÏA reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of current orders placed by the customer.
The customer shall not be charged any additional costs in excess of those incurred by NABENÏA for the use of a means of payment.
7 - DELIVERY
Orders are shipped directly from France or Portugal.
Delivery charges will be specified on the official website, inclusive of all taxes, during the order process and must be accepted by the customer at the time of order validation. They will appear on a separate line from the price of the products.
It is specified that the amount of delivery charges may vary according to the territory in which the products are delivered, which the customer expressly acknowledges and accepts.
Delivery times are indicated on the official website and depend on the delivery method chosen by the customer. Delivery times apply to working days. In application of article L. 216-1 of the French Consumer Code, the Parties agree that the products will be delivered within the timeframe specified during the product order process and prior to the validation of said Order.
Please note that delivery times may vary depending on the destination. In the event of a delay in the dispatch of an order, NABENÏA will inform the consumer of a new delivery date. In accordance with article L. 216-1, paragraph 2 of the French Consumer Code, NABENÏA undertakes to respect the maximum delivery time of 30 days from the conclusion of the contract. Delays in delivery within the legal 30-day limit may not give rise to any penalty or indemnity, nor be grounds for cancellation of the order.
The Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. If this is not the case, the customer undertakes to refuse to accept the order and to sign any supporting documents. Any order received against the customer's signature shall be deemed to be in conformity, complete and in perfect condition at the time of delivery.
France Delivery options
DPD Shipping
Europe Delivery options
DPD Shipping
For deliveries to a pickup point, the pickup point must be selected after payment via the designated interface. Many users overlook this step.
If no pickup point has been selected, NABENÏA reserves the right to automatically ship the order to the nearest available pickup point to the delivery address provided by the customer.
By confirming their order, the customer expressly accepts this rule, which will not give rise to any refund, dispute, or early reshipment.
An automatic order tracking email will be sent to the customer upon shipment, specifying the pickup point where the order will be available.
If the customer does not collect their order from the pickup point within the due time, the package will be returned to NABENÏA. In this case, a refund or reshipment of the order can only be processed after the carrier has received the returned package, and only if it has not been opened, damaged, or altered.
The customer undertakes to check, at the time of delivery, that the order delivered is complete, compliant and has not been damaged. If this is not the case, the customer undertakes to refuse to accept the order and to sign any supporting documents. Any order received against the customer's signature shall be deemed to be in conformity, complete and in perfect condition at the time of delivery.
8 - RETURN / EXCHANGE
In accordance with article L221-24 of the French Consumer Code, the buyer has 14 days in which to exercise his/her right of withdrawal. Within 14 days of receipt of the goods ordered, the buyer may therefore request an exchange or refund of the item(s) purchased, without having to give any reason or pay any penalty, provided that the products are returned in their original packaging and in perfect condition to enable them to be put back on the market, accompanied by the purchase invoice.
After the 14-day period, NABENIA will be free to refuse the exchange, credit note or refund.
To exercise the right of withdrawal, the customer must send an email within this 14-day period to customercare@nabenia.com specifying the order number, the product(s) returned, the reason(s) for the return, and a request for an exchange, voucher, or refund.
This ensures the customer's request is processed correctly and more quickly.
Products must be sent to the following address with a copy of the invoice:
NABENÏA
5 rue des retours
92100 Boulogne-Billancourt
If you exercise your right of withdrawal within the 14 days period, only the price of the purchased product(s) and the initial delivery charges will be refunded; return shipping costs remain the responsibility of the customer.
We advise all customers to select a shipping method with tracking. Without a tracking number, NABENÏA will not accept any claims.
Furthermore, to ensure your return is processed as quickly as possible, we also recommend notifying the tracking number by email to customercare@nabenia.com.
If the item is refused by NABENIA, it will be returned to the customer at NABENIA's expense, without the customer being entitled to any compensation. If the return has not been announced by the customer via email specifying a refund request, a voucher will be automatically generated and sent to the customer.
The return of the product is the responsibility of the customer.
If the package is lost, stolen, or damaged during the return shipment, NABENIA reserves the right to refuse a refund for the returned product(s).
The exchange (subject to availability) or refund will be made within 14 days of receipt by NABENÏA of the products returned by the customer under the conditions set out in this article.
9 - CONFIDENTIALITY
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978 as amended, the processing of the Customer's personal data is governed by the CNIL and the Customer has the right to access, modify, rectify and delete data concerning him/her by contacting NABENÏA by email at the address: contact@nabenia.com.
The customer may subscribe to the NABENÏA newsletter and thus choose to be regularly informed of offers. They may unsubscribe at any time by clicking on the appropriate link on each newsletter.
10 - INTELLECTUAL PROPERTY
The NABENÏA website and all its visual, textual and sound elements are the exclusive property of NABENÏA. Reproduction in whole or in part without permission is prohibited and punishable by law.
11 - RESPONSIBILITIES
NABENÏA cannot be held liable for any events, inconveniences or damage inherent in the use of the Internet network, particularly in the event of service interruption, external intrusion or the presence of computer viruses.
Furthermore, NABENÏA cannot be held responsible for non-performance of the contract in the event of unforeseen circumstances, force majeure, disruption or total or partial strike, notably of postal services and means of transport and/or communications, flooding or fire. NABENÏA shall not be held liable for any indirect damage, operating loss, loss of profit, damages or expenses that may arise as a result of the present contract.
12 - LEGAL WARRANTIES
Products sold on the www.nabenia.com website are subject to the legal guarantee of conformity set out in articles L.217-4 et seq. of the French Consumer Code, and to the guarantee against hidden defects set out in articles 1641 et seq. of the French Civil Code.
Description of legal warranties
Legal warranty of conformity - In accordance with articles L. 217-3 et seq. of the French Consumer Code, the Vendor is obliged to deliver a Product which conforms to the order placed by the Buyer, and is liable for any defects in conformity existing at the time of delivery of said Product, appearing within a period of two (2) years from the date of delivery.
The Vendor is also liable, during the same period, for defects in conformity resulting from packaging.
This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point for the prescription of the Buyer's action is the day on which the Buyer becomes aware of the lack of conformity.
Under the legal warranty of conformity, the Product must, in particular, in order to conform to the contract:
1° Correspond to the description, type, quantity and quality or any other characteristic provided for in the contract;
2° Be fit for any special purpose intended by the Buyer, made known to the Seller at the latest at the time of conclusion of the contract and accepted by the latter;
3° Be delivered with all accessories to be supplied in accordance with the contract.
In addition to the criteria of conformity to the contract, the Product is in conformity if it meets the following criteria:
1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it possesses the qualities which the Seller has presented to the Buyer in the form of a sample or model, prior to the conclusion of the contract;
3° If applicable, it is delivered with all the accessories, including packaging, that the Buyer may legitimately expect;
4° It corresponds to the quantity, quality and other characteristics, including in particular in terms of durability and safety, that the Buyer may legitimately expect for goods of the same type, having regard to the nature of the Product as well as to public statements made by the Seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
However, the Seller shall not be bound by any public statements mentioned in the preceding paragraph if he demonstrates:
1° That he was not aware of them and could not legitimately have been aware of them ;
2° that, at the time the contract was concluded, the public declarations had been rectified in conditions comparable to the initial declarations; or
3° That the public statements could not have influenced the purchasing decision.
The customer may not contest conformity by invoking a defect concerning one or more particular characteristics of the Product, which he was specifically informed deviated from the conformity criteria set out above, a deviation to which he expressly and separately consented when the contract was concluded.
With the express exception of specific products, the Vendor does not provide any commercial warranty within the meaning of Article L. 217-21 of the French Consumer Code.
Legal warranty against latent defects - Likewise, in accordance with article 1641 of the French Civil Code, the Vendor is bound by a warranty against latent defects in the item sold, which render it unfit for its intended use, or which impair this use to such an extent that the customer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them.
The action resulting from redhibitory defects must be brought by the Buyer within two (2) years of the discovery of the defect.
If the Products delivered do not conform to the Products ordered by the Buyer, or if they have hidden defects, the Buyer must send an e-mail to the Seller's Customer Service Department here to notify it of the non-conformity or hidden defects of his Product(s).
The Seller's Customer Service will acknowledge receipt of the Buyer's request and confirm the procedure to be followed. Upon receipt of the instructions from the Vendor's Customer Service, the Buyer shall return the non-conforming or damaged Product(s) to the Vendor at the following address:
NABENÏA
5 rue des retours
92100 Boulogne-Billancourt
The Product(s) must be (i) returned, at the Vendor's expense, complete, unused (except in the case of a hidden defect), in its (their) original, undamaged packaging and (ii) as far as possible, accompanied by its (their) original packaging as well as the return slip and a photocopy of the invoice.
Moreover, the Vendor does not accept packages sent carriage forward. All risks associated with the return of the Product(s) are the responsibility of the Vendor.
On receipt of the Product(s) presumed to be non-conforming or affected by a hidden defect, the Vendor will carry out an inspection of the Product(s) to ascertain whether or not they are in conformity. Similarly, the Vendor may carry out a quality test on the Product(s) returned by the Buyer to verify that the Product(s) returned are indeed original Product(s). It is understood that these checks are carried out as quickly as possible and within a maximum period of one (1) month.
If the non-conformity of the Product(s) is confirmed or the defect is proven: the Buyer may choose between repairing or replacing the Product, subject to the cost conditions set out in article L. 217-12 of the French Consumer Code. It should be noted that the Buyer (i) has a period of two (2) years from delivery of the Product in which to take action, and (ii) is exempt from proving the existence of the Product's lack of conformity during the twenty-four (24) months following delivery of the Product.
In the event of the Buyer invoking the warranty against hidden defects in the item sold under article 1641 of the French Civil Code, he/she may choose between rescission of the contract or cancellation of the Product.
13 - CUSTOMER SERVICE AND SUPPORT
You can contact Customer Service free of charge by e-mail at contact@nabenia.com if you have any questions about your order, shipping and tracking.