General Terms and Conditions of Sale

PREAMBLE

The Seller is a publisher of textile products for consumers, marketed through its websites (https://nabou-paris.com). The list and description of the goods and services offered by the Company can be viewed on the above-mentioned websites.

ARTICLE 1: PURPOSE

These General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products or Services offered by the Seller.

ARTICLE 2: GENERAL PROVISIONS

These General Terms and Conditions of Sale (GTC) govern the sale of Products or Services carried out through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Seller reserves the right to modify these at any time by publishing a new version on its website. The GTC applicable at that time are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC can be viewed on the Company's website at the following address: https://nabou-paris.com .
The Company also ensures that their acceptance is clear and without reservation by implementing a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and where applicable, the Particular Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that they have received the necessary advice and information to ensure the suitability of the offer to their needs.
The Customer declares to be legally able to contract under French law or to validly represent the natural or legal person for whom they are committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

ARTICLE 3: PRICES & ORDERS

The prices of the products sold through the websites are indicated in Euros including VAT and precisely determined on the Product description pages.
For all products shipped outside the European Union and/or French overseas departments and territories, customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be borne by the buyer and fall under their responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future.
Orders can be placed by Buyers via the website. Once the Buyer has placed an order, they receive a confirmation email at the address indicated during purchase. If for any reason the Seller cannot process the order, the Buyer will be informed directly at the email indicated during purchase.

ARTICLE 4: CONCLUSION OF THE ONLINE CONTRACT

In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place their order:

• Information on the essential characteristics of the Product;
• Choice of the Product, and where applicable, its options; - Indication of the Customer's essential contact details (identification, email, address, etc.);
• Acceptance of these General Terms and Conditions of Sale
• Verification of the order details (double-click formality) and, where applicable, correction of errors.

Before confirming, the Buyer has the opportunity to check the details of their order, its price, and to correct any errors, or cancel their order. The confirmation of the order will result in the formation of this contract. Then, follow the payment instructions, payment for the products, and finally delivery of the order. The Customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it.
During the ordering process, the customer will have the opportunity to identify any errors made in entering the data and to correct them. The language offered for concluding the contract is French.
For delivered products, delivery will be made to the address indicated by the Customer. For the proper fulfillment of the order, the Customer agrees to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

ARTICLE 5: PRODUCTS AND SERVICES

The essential characteristics of the goods, the services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the method of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by marking, labeling, display or by any other appropriate method, of the prices and particular conditions of the sale and the performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in force indicated on the day of the order, which does not include shipping costs charged separately. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not performed immediately, clear information is given on the product presentation page regarding the delivery dates of the products or services. The customer certifies having received a breakdown of the delivery costs as well as the terms of payment, delivery and performance of the contract, as well as detailed information regarding the identity of the seller, their postal, telephone and electronic contact details, and their activities in the context of this sale. The Seller undertakes to honor the Customer's order only within the limits of the available Product stocks. Failing this, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller refunds the customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period 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 they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted under these terms are only granted to the natural person who signed the order (or the person who holds the provided email address).

ARTICLE 6: CONFORMITY

In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these GTC meet the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for non-conformity defects and hidden defects of the product.
In accordance with article L.217-4, the seller delivers a good conforming to the contract and is liable for non-conformity defects existing at the time of delivery. They are also liable for non-conformity defects resulting from packaging, assembly instructions or installation when it has been made their responsibility by the contract or has been carried out under their responsibility.
In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 Civil Code), the Seller refunds or exchanges defective products or those not corresponding to the order. The refund can be requested as follows:

• Send an email to contact@nabou-paris.com;
• Return the product or products to the indicated address and in accordance with the return terms (see ARTICLE 11);
• The refund takes place upon receipt of the return, after verification, and within a maximum period of 14 days using the same payment method used during the order once the items have been received and verified

ARTICLE 7: RETENTION OF TITLE CLAUSE

The products remain the property of the Company until full payment of the price.

ARTICLE 8: DELIVERY TERMS

The products are delivered to the delivery address indicated during the order and within the indicated timeframes. These timeframes do not include the order preparation time. In the event of a delivery delay, the Customer has the option to terminate the contract under the conditions and terms defined in Article L 216-2 of the Consumer Code. The Seller then proceeds with the refund of the product and the "outbound" costs under the conditions of the provisions of articles L216-3 and L241-4 of the Consumer Code. The Seller reminds that at the time the Customer physically takes possession of the products, the risks of loss or damage to the products are transferred to them. It is up to the Customer to notify the carrier of any reservation regarding the delivered product.

For delivery in France, we offer you 3 methods to receive your products

• Delivery to a pickup point (Mondial Relay), free
• Home delivery (La Poste / Colissimo): €6 without signature or €8 with signature

Delivery to a Mondial Relay pickup point is free. For La Poste / Colissimo deliveries, you have the option at the time of payment to choose delivery with or without a signature.

You can track your shipment by using your tracking number and clicking on one of the links below:

• Mondial Relay tracking
• Colissimo tracking

If you want international delivery, we will deliver your order via La Poste / Colissimo at the price of €12.

We deliver to the countries of the European Union as well as Switzerland and the United Kingdom. Here is the list of EU countries covered by delivery: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Czech Republic, Slovakia, Slovenia, Sweden.

Any customs duties for these destinations are the responsibility of the Buyer.

The delivery times remain indicative and do not take into account any unforeseen events.

The Seller is in no way responsible for any problems that may occur during delivery.

ARTICLE 9: PAYMENT

Payment is due immediately upon ordering.
Two methods are available to the Buyer: Stripe and PayPal.
Cards issued by banks located outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment provider. The transmitted information is properly encrypted and cannot be read during transmission over the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the indicated price. The Customer confirms that they are indeed the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or inability to debit the card, the Sale is immediately terminated by operation of law and the order canceled.

ARTICLE 10: RIGHT OF WITHDRAWAL

In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving a reason, within a period of fourteen (14) days from the date of receipt of their order. The right of withdrawal can be exercised by contacting the Company in the following way:

• Send an email to contact@nabou-paris.com;
• Return the product or products to the indicated address and in accordance with the return terms

In the event of exercising the right of withdrawal within the above period, the price of the product or products purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer. Product returns must be made in their original and complete condition and must not have been worn; they should, if possible, be accompanied by a copy of the proof of purchase.
In accordance with legal provisions, you will find below the standard withdrawal form to send to us at the following address: (address). Refund procedure: (precisely describe the refund procedure – especially for large purchases)

ARTICLE 11: WARRANTIES

In accordance with the law, the Seller assumes the conformity and hidden defects warranties of the products. The Seller refunds the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made as follows:

• Send an email to contact@nabou-paris.com;
• Return the product or products to the indicated address and in accordance with the return terms

The Seller reminds that the consumer:

• has a period of 2 years from the delivery of the good to take action against the Seller
• can choose between the replacement and repair of the good subject to the conditions provided by the above provisions
• is exempt from having to prove the existence of the non-conformity defect of the good during the six months following the delivery of the good.
• the consumer can also invoke the warranty against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, they can choose between the rescission of the sale or a reduction of the selling price (provisions of articles 1644 of the Civil Code).

ARTICLE 12: COMPLAINTS AND MEDIATION

If applicable, the Buyer can submit any complaint by contacting the company using the following contact details: contact@nabou-paris.com
In accordance with the provisions of articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they can resort to a consumer mediator under the conditions provided by Title I of Book VI of the consumer code.
In the event of failure of the complaint request with the Seller's customer service, or in the absence of a response within two months, the consumer can submit the dispute to a mediator who will try independently to bring the parties together with a view to obtaining an amicable solution.

ARTICLE 13: RESCISSION OF THE CONTRACT

The order can be rescinded by the buyer by registered letter with acknowledgment of receipt in the following cases: — delivery of a product not conforming to the characteristics of the order; — delivery exceeding the deadline set at the time of the order or, in the absence of a date, within thirty days following payment; — unjustified price increase or modification of the product. In these cases, the buyer can demand the refund of the advance payment made plus interest calculated at the legal rate from the date the advance payment was collected.
Article 15: 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 transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

ARTICLE 14: FORCE MAJEURE

The performance of the seller's obligations under these terms is suspended in the event of an act of God or force majeure that prevents its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

ARTICLE 15: NULLITY AND MODIFICATION OF THE CONTRACT

If any of the stipulations of this contract were annulled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement by the parties.

ARTICLE 16: LIABILITY

The Seller's liability can only be engaged in the event of gross, intentional or fraudulent misconduct. In all other cases, the Seller's liability can never be sought or engaged by the Buyers.

ARTICLE 17: PERSONAL DATA PROTECTION

In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Seller processes personal data for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following: the identity and contact details of the data controller and, where applicable, the controller’s representative: the Seller, as indicated at the top of these General Terms and Conditions; - the contact details of the data protection officer: Hélène Cheng, contact@nabou-paris.com - the legal basis for processing: performance of the contract - the recipients or categories of recipients of personal data, if any: the data controller, its marketing departments, its IT security departments, its sales, delivery and order processing department, the subcontractors involved in delivery and sales operations, and any authority legally authorized to access the personal data in question - no transfers outside the EU are planned - the data retention period: the period of limitation for commercial claims - the data subject has the right to request from the data controller access to their personal data, rectification or erasure of such data, or restriction of processing relating to them, as well as the right to object to processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - The information requested when placing an order is necessary to issue the invoice (legal obligation) and deliver the ordered goods; otherwise, the order cannot be placed. No automated decision-making or profiling is used in the ordering process.

ARTICLE 18: GOVERNING LAW AND CLAUSES

All clauses in these General Terms and Conditions, as well as all purchase and sale transactions covered by them, shall be governed by French law.

The invalidity of a contractual clause does not entail the invalidity of these conditions.

ARTICLE 19: CONSUMER INFORMATION

For the purpose of informing consumers, the provisions of the French Civil Code and the French Consumer Code are reproduced below:

Article 1641 of the Civil Code: The Seller is liable for latent defects in the sold item that make it unfit for the purpose for which it is intended, or that so diminish its usefulness that the Buyer would not have purchased it, or would have paid a lower price for it, had they known of them.

Article 1648 of the Civil Code: An action for latent defects must be brought by the purchaser within two years (14 days in the case of second-hand goods) from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, or it will be time-barred, within one year from the date on which the Seller can be discharged from liability for latent defects or apparent lack of conformity.

Article L. 217-4 of the Consumer Code: The Seller delivers an item that conforms to the contract and is liable for any lack of conformity existing at the time of delivery. The Seller is also liable for lack of conformity resulting from packaging, assembly instructions, or installation when the contract makes the Seller responsible for such installation or when it is carried out under the Seller's responsibility.

Article L. 217-5 of the Consumer Code: The item conforms to the contract if: 1° It is fit for the purpose normally expected of such an item and, where applicable:

• it matches 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;
• it has the qualities that a Buyer may legitimately expect based on public statements made by the Seller, the manufacturer, or their representative, particularly in advertising or labelling; 2° Or if it has the characteristics agreed upon by the parties or is fit for any special purpose sought by the Buyer, which was brought to the Seller's attention and accepted by the Seller.

Article L. 217-12 of the Consumer Code: An action for lack of conformity is time-barred after two years (14 days in the case of second-hand goods) from the delivery of the item.

Article L. 217-16 of the Consumer Code: If the Buyer requests the Seller, during the term of the commercial warranty granted to them upon the purchase or repair of a movable item, a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining term of the warranty. This period begins from the Buyer's request for intervention or from the date the item is made available for repair, if this latter date follows the request for intervention.