SAS Nilaï, 45 bis avenue Foch, 92420 Vaucresson. RCS Nanterre 51500504900017
It is beforehand specified that the present conditions govern sales, by Nilaï, registered trademark, of all the present products on the site www.nilai.fr
Article 1 – Application
These General Terms and Conditions define the conditions applicable to sales concluded between, on the one hand, persons making a purchase via the website www.nilai.fr hereinafter referred to as the "Customer" or "Customers" and, on the other hand, the company publishing the website, the company Nilaï, owner of the registered trademark Nilaï, registered in the Nanterre Trade and Companies Register, with its registered office at 35 bis avenue Foch, 92420 Vaucresson, hereinafter referred to as “Nilaï”.
Therefore, these General Terms and Conditions govern the sales, by Nilaï, of all products present on the website www.nilai.fr
Article 2 – Legal Notice
Share capital: 1 500 euros
Registered office address: 45 bis avenue Foch, 92420 Vaucresson
Phone: + 33 (0)1 84 16 17 63
Registration: Nanterre Trade and Companies Register 515 005 049 00017
VAT identification number: FR 32 515 005 49 00017
Web host: Prestashop, 12 rue d’Amsterdam, 75009 Paris
Article 3 – Prices
1 - The prices of our products are indicated in Euros, all taxes included, excluding processing and shipping costs. These prices are communicated in Euros. The processing fees (shipping costs) are visible before the validation of the order.
2 - Nilaï reserves the right to modify its prices at any time without notice but the products will be invoiced on the basis of the prices in force at the time of registration of the order by the Customer.
3 - The products remain the property of Nilaï until reception of the total amount of the order by Nilaï.
4 - The products and services sold on www.nilai.fr are reserved for private individuals.
Article 4 – Order on the Website: www.nilai.fr
The contractual information is presented in French (or English) and will be confirmed using this contractual information at the latest at the time of delivery. Nilaï reserves the right to cancel or refuse any order from a Customer with whom there is an unresolved dispute regarding the payment of a previous order.
Article 5 – Validation
The Customer acknowledges having read and accepted these General Terms and Conditions before placing the order. The validation of the order therefore implies acceptance of these General Terms and Conditions.
Unless proven otherwise, the data recorded by Nilaï constitute proof of all transactions entered into by Nilaï and its Clients.
Article 6 – Availability
Offers and products offered by Nilaï are valid as long as they are offered on the www.nilai.fr website and within the limits of available stocks.
In the event of unavailability of products after placing the order, Nilaï will inform customers by email or mail as soon as possible.
Customers will then be able to request cancellation and refund, or exchange the order with Nilaï.
Article 7 – Payment
The payment of the purchases of products by the Customers is carried out:
- Either by Paypal for Customers who have a Paypal account,
- Or by credit card.
The credit card is debited at the time the order is placed. In the case of a transaction by credit card refused, Nilaï invites the Customer to approach his banking establishment, Nilaï cannot be held responsible.
Orders are to be paid in full and in one go.
The products remain the property of Nilaï until full payment of their price.
Article 8 – Delivery
The products are sent as soon as the collection has been made, within an average of 3 to 5 working days after the order. Exceptionally, for reasons of unavailability over a given period, Nilaï may modify these deadlines provided that this is stipulated at the time of the order.
Products are always shipped at the Customer's risk.
Delivery costs are always to be paid in addition to the price of the products, and are as follows:
- Delivery costs in France:
*Followed Letter: 5 euros
*Colissimo: 9 euros(Free Colissimo delivery for an order over 80 Euros)
- Delivery costs abroad:
*Europe: 8 euros by Followed letter / 10 euros Colissimo
*Outside Europe: 10 euros by Followed letter / 20 euros Colissimo
In case of late delivery (more than 5 working days), the customer may cancel the order and request a refund of the product(s) as well as return shipping costs.
If the Client receives the product(s) after a cancellation duly notified and justified by the exceeding of the aforementioned period of 5 working days, Nilaï will refund the product(s) upon receipt, complete and in its original condition.
The Customer is solely responsible for verifying the import possibilities of the products ordered with regard to the rights of the territory of the country of delivery.
For all products sold duty free, depending on the country of delivery, it is the Customer's responsibility to pay any local taxes upon receipt.
In case of delivery outside the EU, customs duties, customs clearance fees and other taxes will be paid by the Client.
Nilaï is released from all obligations to deliver the products ordered in case of force majeure (war, riot, fire, flood, strikes, accidents, inability to obtain supplies, etc.)
Article 9 - Non-compliance of the delivered good.
In the event of non-compliance of the delivered good with the order (as evidenced by the confirmation e-mail), it is the Customer's responsibility to inform Nilaï within a maximum period of seven (7) clear days from the date of receipt of the package.
Article 10 – Withdrawal and refund
The customer has a period of Fourteen (14) clear days from the date of receipt of the package (the postmark being proof), to exercise his right of withdrawal. The product must be returned in its original packaging, new, unworn, and accompanied by the delivery note to the following address: SAS Nilaï, 4 rue du vieux colombier 75006 PARIS – France. All return costs are the responsibility of the Customer.
The Client can request:
- An exchange or a credit note. In this case, the Client must send an e-mail to firstname.lastname@example.org in order to use the credit note obtained or to exchange the product (the Customer must specify the order number, the surname and the nature of the exchange).
- A refund of the purchase price.
Refunds of products will be made within 15 working days after receipt of products by Nilaï.
The refund will be made by transfer to the bank account communicated by the Customer or by bank check made payable to the Customer who placed the order and to the billing address.
Only the price of the product(s) purchased will be refunded, the delivery costs remaining the responsibility of the Customer.
Goods returned incomplete, damaged or soiled by the Customer will not be taken back and cannot therefore be the subject of an exchange, a credit note or a refund.
Article 11 – Customer service
For any information or question, Nilaï is at the Customer's disposal at the following coordinates:
Phone: +33 (0)1 84 16 17 63
Postal address: SAS Nilaï 4 rue du vieux colombier 75006 PARIS
Article 12 – Intellectual Property
Intellectual and industrial property rights protecting all elements (texts, comments, pictures, photographs, logo, drawings, videos, etc.) on the website www.nilai.fr are the property of Nilaï. All the jewellery sold on the site www.nilaï.fr is created and designed by the designer herself and is the property of Nilaï.
Any total or partial reproduction of any of these elements without the express prior written authorisation of the owner of said intellectual and industrial property rights is strictly prohibited, in accordance with the laws governing intellectual and industrial property.
Article 13 – Guarantee
In accordance with Articles L.217-4 et seq. of the French Consumer Code, Nilaï may deal with a non-conformity defect that exists or is presumed to exist at the time of delivery of the product, for a period of twenty-four (24) months from the said delivery, unless proven otherwise by Nilaï.
Nilaï also provides a contractual guarantee for products for a period of one (1) year from the date of delivery.
In case of unavailability of a pearl or a component of the piece of jewellery recognised as subject to the guarantee of conformity, Nilaï reserves the right to replace it in such a way that its general aspect comes as close as possible to its representation and its photograph on the site www.nilai.fr.
The photographs on the www.nilai.fr site are provided for illustrative purposes. Nilaï invites the customer to refer to the description of each product to know its precise characteristics; and in case of doubt or if the Customer wishes to obtain additional information, it is up to him to contact Nilaï customer service.
The product pages visible on the www.nilai.fr site contain, in particular, photographs, descriptive texts and technical data sheets, which are non-contractual elements that in no way engage Nilaï's responsibility. Nilaï tries however, in the realisation of the products sold on the site www.nilai.fr, to be the most faithful to reality but the stones used remain natural stones and are thus unique.
Nilaï is only responsible for the content of the pages it publishes on the site www.nilai.fr.
In the event of a manifest error between the characteristics of the product and its representation and/or the conditions of sale, Nilaï cannot be held liable.
Any product used abnormally or not in accordance would be excluded from any warranty.
Article 14 – Packaging
All products ordered will be packed in a gift bag in the colours of the brand.
Article 15 – Personal information
The information and data concerning the Customers are necessary for the management of the orders and business relations between Nilaï and Customers. They can be transmitted to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment. Such information and data are also kept for security purposes, in order to comply with legal and regulatory obligations and to enable Nilaï to improve and personalise the services offered and the information addressed.
In accordance with the provisions of the law n°78-17 of 6th January 1978 relating to data processing, files and freedoms, Customers have a right of access, rectification and opposition to the transfer of information transmitted to Nilaï that Clients can exercise directly online via the contact form or by mail to SAS Nilaï, 4 rue du vieux colombier 75006 PARIS by indicating their first and last name, e-mail address and postal address.
According to the choices made by the Customer at the time of placing the order, the Customer may receive offers from Nilaï, as indicated on the order form. If the Customer no longer wishes, the Customer may at any time unsubscribe and no longer receive an offer from Nilaï.
Article 16 – Responsibility
Nilaï cannot be held responsible for any damage, loss or alteration of data, loss of profit, turnover or any other indirect, consecutive or non consecutive damage of any nature caused to visitors due to a malfunction of the www.nilai.fr website, whatever the cause. Nilaï cannot be held liable for the total or partial non-performance of the contract concluded with the Client, in the event of force majeure, the occurrence of an event attributable to the Client or any unforeseeable and insurmountable event. Any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, could thus not be blamed on Nilaï.
Article 17 – Applicable law – Dispute resolution
The present General Terms and Conditions are subject to the application of French law.
In case of dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which the present contract concluded between Nilaï and a Client on the basis of these General Terms and Conditions could lead, concerning its validity, interpretation, execution and realisation, its consequences and its consequences will be submitted to the Court of Paris, the only competent.
In any event, any damage and repairs, which could be attributed to the Customer, could not exceed three (3) times the value of the order placed by the Customer.