Terms of sale
ARTICLE 1 - Application These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded between: The company NILAI, owner of the registered trademark Nilaï, a simplified joint-stock company with a capital of 350,000 euros, registered with the RCS of Nanterre under number 515 005 049 and having its registered office at: 45 bis avenue Foch 92420 VAUCRESSON, Email address: email@example.com / firstname.lastname@example.org Phone: +33 (0)1 84 16 17 63 VAT identification number: FR 32 515 005 049 Host: Shopify
hereinafter referred to as "Nilaï" or "the Seller"
AND individuals wishing to purchase the products offered for sale by the company Nilaï on the website www.nilai.fr,
hereinafter referred to as "the Client" or "the Clients"
These General Terms and Conditions of Sale govern the sale by the company Nilaï of all products presented on the website www.nilai.fr.
They specify in particular the conditions of order, payment, delivery, and management of any returns of the Products ordered by the Clients.
These General Terms and Conditions of Sale may be supplemented by specific conditions, stated on the website, before any transaction with the Client.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website www.nilai.fr and shall prevail, where applicable, over any other version or contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent modifications, and the version applicable to the Client's purchase is the one in effect on the website at the time of placing the order.
ARTICLE 2 - Products offered for sale The Products offered for sale on the website www.nilai.fr are "costume jewelry items and similar articles, fashion accessories, textile articles, and small decorations". The Nilai Paris brand and other partner brands are sold on nilai.fr and also distributed in physical Nilai Store stores.
The main characteristics of the Products, in particular the specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website www.nilai.fr. The Client is required to refer to the description of each Product in order to know its properties, essential characteristics, and delivery times.
The Client is required to review this information before placing any order.
The choice and purchase of a Product are the sole responsibility of the Client.
The photographs, graphics, descriptive texts, and technical specifications presented on the website www.nilai.fr are not contractual and shall not engage the responsibility of the Seller. However, Nilaï endeavors, in the production of the products sold on the website www.nilai.fr, to be as faithful to reality as possible, but the stones used are natural stones and therefore, they are unique.
Contractual information is presented in French or English and will be confirmed at the latest when the Client validates the order.
In the case of an order to a country other than metropolitan France, the Client is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and overseas departments and territories, the price will be automatically calculated excluding taxes on the invoice.
Customs duties or other local taxes or import duties or state taxes may be applicable. They shall be borne and are the sole responsibility of the Client.
ARTICLE 3 - Validity period of the Product offer Product offers are subject to the availability of stocks, as specified at the time of placing the order.
ARTICLE 4 - Seller's Contact Information
The Seller's contact information is as follows:
Registered office address: 45 bis avenue Foch - 92420 VAUCRESSON
Registration: RCS NANTERRE 515 005 049 00017
VAT identification number: FR 32 515 005 049
Email address: email@example.com / firstname.lastname@example.org
Phone: +33 (0)1 84 16 17 63
Host: DAG Technologies
Z.A. du Grand Verger
89 rue Amiral Gérard Daille 73000 Chambéry
Phone: +33 982 570 832
In accordance with the French Data Protection Act of January 6, 1978, as amended and supplemented by the GDPR (General Data Protection Regulation) which came into effect on May 25, 2018, the Client has the right to access, rectify, object to, erase, and port all of their personal data at any time by writing, by mail and providing proof of identity, to the Seller's address mentioned above.
The validation of the order by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Client acknowledges having the required capacity to enter into contracts and purchase the Products offered on the website www.nilai.fr.
ARTICLE 5 - Orders on the website: www.nilai.fr
5-1. Placing and validating the order
It is the Client's responsibility to select the Products they wish to order on the website www.nilai.fr.
The Client has the option to verify the details of their order, the total price, and correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and immediately report or rectify any errors.
The sale is only final after the Seller sends the Client a confirmation of order acceptance by email, which must be sent without delay and after the Seller receives full payment and full deposit payment.
Any order placed, validated by the Client, and confirmed by the Seller, under the conditions and according to the above-mentioned terms, on the website www.nilai.fr constitutes the formation of a distance contract between the Client and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the payment of a previous order.
The Client can track the progress of their order on the website www.nilai.fr.
The Seller is not intended to sell the Products on the website www.nilai.fr to professionals, but only to consumers or non-professionals for their personal needs.
Therefore, the Seller reserves the right to refuse orders for the same Product in large quantities.
5-2. Modification of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3. Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except in the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 6 - Prices
The Products are provided at the prices in effect as displayed on the website www.nilai.fr at the time of order registration by the Seller. The prices are stated in Euros, excluding and including taxes.
The prices take into account any discounts granted by the Seller on the website www.nilai.fr.
These prices are firm and non-revisable during their validity period, as indicated on the website www.nilai.fr. The Seller reserves the right to modify the prices at any time outside of this validity period. They do not include processing, shipping, transport, and delivery fees, which are invoiced separately, as indicated on the website www.nilai.fr and calculated prior to placing the order.
If the Client requests a faster or more expensive shipping method than the standard shipping, the additional delivery fees, as they appear at the time of order validation by the Client, are fully borne by the Client.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
ARTICLE 7 - Payment Conditions
The price is payable in full at the time of order placement by the Client, according to the following methods:
- By credit cards: Carte Bancaire, Visa, MasterCard, American Express, other credit cards.
- By PayPal for Clients who have a PayPal account.
Payment by credit card is irrevocable, except in cases of fraudulent use of the card. In such cases, the Client may request the cancellation of the payment and the corresponding refund.
The debit of the credit card is made at the time of order registration. In the case of a declined credit card transaction, Nilaï encourages the Client to contact their bank, as Nilaï cannot be held responsible.
ARTICLE 8 - Deliveries
The Products ordered by the Client are shipped as soon as the payment has been processed, within an average period of three (3) to five (5) business days (except in cases of force majeure) from the order. Exceptionally, due to unavailability during a specific period, Nilaï may modify these deadlines, provided it is stipulated at the time of the order.
The Products ordered by the Client will be delivered in metropolitan France within a period of three (3) to five (5) business days, and internationally according to the delivery terms of the country, starting from the shipment of the order to the address indicated by the Client during the order on the website www.nilai.fr.
Unless otherwise specified or if a Product is unavailable, the ordered Products will be delivered in a single shipment.
Delivery fees are always in addition to the price of the products and are as follows:
-Colissimo without signature
-Colissimo with signature
-Click and collect
5.9 € (Free delivery for orders over 100 €)
9 € (Free delivery for orders over 100 €)
Only in Paris 6th (free)
Delivery is considered complete when the Client has physical possession or control of the Product.
The Seller undertakes to make its best efforts to deliver the ordered products to the Client within the specified deadlines. However, these deadlines are provided for informational purposes only. If the ordered Products have not been delivered within a period of 5 business days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be canceled at the written request of the Client under the conditions provided for in articles L.216-2, L.216-3, and L241-4 of the French Consumer Code. The amounts paid by the Client will be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
ARTICLE 9 - Non-conformity of the delivered goods
In the event of non-conformity of the delivered goods with the order (with the order confirmation email as proof), it is the responsibility of the Client to inform Nilaï within a maximum period of seven (7) calendar days from the date of receipt of the package.
In the event of non-conformity of the delivered Product, the Seller undertakes to remedy the situation or refund the Client, as indicated in the "Seller's Liability - Warranty" section.
The Seller bears the risks of transportation and is obligated to reimburse the Client in the event of damage caused during transport.
ARTICLE 10 - Transfer of Ownership - Transfer of Risks
The transfer of ownership of the Seller's Products will be carried out upon acceptance of the order by the Seller, representing the agreement of the parties on the item and the price, regardless of the date of payment and delivery.
As Nilaï is responsible for the shipment of the sold goods, the risk of loss or damage to these goods will only be transferred to the Client when they physically take possession of them (Consumer Code, Article L 216-4).
ARTICLE 11 - Withdrawal and Refund
In accordance with the applicable legal provisions (Article L.221-18 of the Consumer Code), the Client has a period of fourteen (14) days from the receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay penalties, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following the notification to the Seller of the Client's decision to withdraw, accompanied by the delivery slip, to the following address, by registered mail with tracking number:
NILAÏ STORE - Customer Service
4 rue du vieux colombier
75006 PARIS France
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products will not be accepted for return.
The right of withdrawal can be exercised online using the withdrawal form attached hereto and available on the website www.nilai.fr, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Client by the Seller, or by any other unambiguous statement expressing the intention to withdraw.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the purchased product(s) will be refunded. The return costs are borne by the Client, except in the case of non-compliant products or products with manufacturing errors.
The refund will be made within a period of fourteen (14) business days from the receipt of the returned product by the Client. The Seller will make the refund using the same means of payment used by the consumer for the initial transaction unless the consumer expressly agrees to another means of payment.
Items returned incomplete, damaged, or soiled by the Client will not be accepted for return and therefore cannot be exchanged, credited, or refunded.
ARTICLE 12 - Customer Service
In accordance with the current legal provisions, you have a two (2) year warranty that allows you to request the repair or replacement of the Product in the event of a conformity defect observed from the date of purchase of your Products (except for any deterioration due to natural wear and tear or possible impacts). If replacement or repair of the Product appears to be impossible, you have the option to return the item and receive a refund or keep the item and receive a partial refund (the resolution of the sale cannot occur when the conformity defect is minor). If, despite all our efforts, your Nilaï Paris jewelry does not fully satisfy you, our teams remain at your disposal within the three Parisian boutiques:
Nilaï Store St-Germain-des-Prés: 4 rue du Vieux Colombier - 75006 Paris
Nilaï Store Le Marais: 2 rue des Rosiers - 75004 Paris
Nilaï Store St-Honoré: 3 rue du 29 Juillet - 75001 Paris
For any information or questions, Nilaï is available to the Client at the following contact details:
Email address: email@example.com
4 rue du vieux colombier
ARTICLE 13 - Intellectual Property
The content of the website www.nilai.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 prohibited and may constitute an infringement offense.
ARTICLE 14 - Seller's Liability - Warranty
The Products sold on the website www.nilai.fr comply with the regulations in force in France and have performance compatible with non-professional use.
The Products provided by Nilaï benefit from the legal warranty of conformity, without any additional payment, independent of the right of withdrawal, in accordance with the legal provisions, in case of apparent defects, damage, or non-compliance with the order.
They also benefit from the legal warranty against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and making them unfit for use, under the conditions and according to the terms set out in the enclosure below and defined in the appendix to these General Terms and Conditions of Sale (Conformity Warranty / Warranty for Hidden Defects).
It is reminded that within the framework of the legal warranty of conformity, the Client has a period of two years from the delivery of the goods to take action against the Seller; the Client may choose between repair or replacement of the ordered Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; and is exempt from providing proof of the existence of the conformity defect of the Product during the twenty-four months following the delivery of the Product.
The legal warranty of conformity applies regardless of any commercial warranty that may cover the Product. The Client may decide to enforce the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, the Client can choose between canceling the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
To exercise their rights, the Client must inform the Seller in writing of the non-compliance of the Products within a maximum period of seven (7) days from the receipt of the Products or the discovery of hidden defects within the aforementioned periods and return or bring the defective Products to the store in the condition in which they were received, with all the elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace, or repair the non-conforming or defective Products or parts under warranty.
Shipping costs will not be refunded for returns.
Refunds for non-conforming or defective Products will be made as soon as possible and no later than seven (7) to fourteen (14) days following the Seller's identification of the conformity defect or hidden defect.
The refund will be made by crediting the Client's bank account or by bank check sent to the Client.
The Seller's liability cannot be invoked in the following cases:
Non-compliance with the legislation of the country to which the products are delivered, which it is the Client's responsibility to verify.
In the event of improper use, professional use, negligence, or failure to maintain by the Client, as well as in the case of normal wear and tear of the Product, accident, or force majeure.
The Seller's warranty is, in any case, limited to the replacement or refund of non-conforming or defective Products.
If applicable, the acquired Product also benefits from a manufacturer's commercial warranty (refer to the manufacturer's warranty conditions provided in the packaging of said Product).
In the event of unavailability of a pearl or a component of the jewelry recognized as subject to the warranty of conformity, Nilaï reserves the right to replace it in such a way that its overall appearance closely matches its representation and photograph on the website www.nilai.fr.
ARTICLE 15 - Protection of Personal Data
The information and data concerning Clients are necessary for the management of orders and commercial relations between Nilaï and the Clients.
In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Client is necessary for the processing of their order and the establishment of invoices, in particular.
This data may be communicated to the Seller's potential partners responsible for the execution, processing, management, and payment of orders.
The processing of the information provided through the website www.nilai.fr complies with the legal requirements regarding the protection of personal data, and the information system used ensures optimal protection of this data.
In accordance with the current national and European regulations, the Client has a permanent right of access, modification, rectification, opposition, portability, and limitation of the processing of the information transmitted to Nilaï, which the Client can exercise directly online via the contact form or by mail to SAS Nilaï, 4 rue du vieux colombier - 75006 PARIS, indicating their name, first name, email address, and postal address.
This right can be exercised under the conditions and according to the procedures defined on the website www.nilai.fr.
Based on the choices made by the Client when placing the order, the Client may receive offers from Nilaï, as indicated on the order form. If the Client no longer wishes to receive such offers, the Client can unsubscribe at any time and no longer receive offers from Nilaï.
ARTICLE 16 - Unforeseen Circumstances - Force Majeure
In the event of unforeseen circumstances at the time of contract conclusion, in accordance with the provisions of Article 1195 of the Civil Code, the Party who has not accepted to assume an excessively burdensome performance risk may request a renegotiation of the contract with the other party.
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure, as defined in Article 1218 of the Civil Code, the occurrence of an event attributable to the Client, or any unforeseeable and insurmountable event, as well as damage inherent to the use of the Internet.
ARTICLE 17 - Applicable Law - Language - Disputes
These General Terms and Conditions of Sale and the operations arising from them are governed by French law.
They are written in the French language. In the event of translation into one or more languages, only the French text shall prevail in case of disputes.
All disputes arising from the purchase and sale transactions conducted under these general terms and conditions of sale, concerning their validity, interpretation, performance, termination, consequences, and consequences, which could not be resolved between the seller and the client, shall be submitted to the competent courts under the conditions of common law.
In the event of a dispute, the consumer has the option of using the consumer mediation procedure under the conditions provided for in Title I of Book VI, in case of dispute (Consumer Code, Article L 211-3). The list of consumer mediators referenced by the Evaluation and Control Commission for Consumer Mediation (CECMC) can be consulted on the website of the Ministry of Economy at the following address: https://www.economie.gouv.fr/mediation-conso
The client, upon finding a violation of the General Data Protection Regulation, has the option of appointing an association or organization mentioned in Article 43 ter IV of the Data Protection Act of 1978, in order to obtain redress against the data controller or data processor, before a civil or administrative court or before the National Commission on Informatics and Liberties.
ARTICLE 18 - Pre-contractual Information - Client's Acceptance
By placing an order on the website www.nilai.fr, an individual (or legal entity) fully and unconditionally accepts these General Terms and Conditions of Sale and is obligated to pay for the ordered Products. This is expressly acknowledged by the Client, who waives the right to rely on any contradictory document that would be unenforceable against the Seller.
ANNEX 1 - PROVISIONS RELATING TO LEGAL WARRANTIES
Article L.217-4 of the Consumer Code
The seller is required to deliver goods that are in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when it was their responsibility under the contract or carried out under their supervision.
Article L.217-5 of the Consumer Code
To be in conformity with the contract, the goods must:
- Be fit for the usual purpose of such goods, and where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer as a sample or model;
- have the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
- Or have the characteristics agreed upon by the parties or be fit for any special purpose sought by the buyer, made known to the seller, and accepted by them.
Article L.217-9 of the Consumer Code
In case of non-conformity, the buyer may choose between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if it entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. They are then required to proceed with the alternative method chosen by the buyer, unless it is impossible.
Article L.217-10 of the Consumer Code
If repair and replacement of the goods are impossible, the buyer may return the goods and be refunded the price or keep the goods and be refunded part of the price.
The same option is available to the buyer:
- If the requested solution, proposed, or agreed upon in accordance with Article L.217-9 cannot be implemented within one month following the buyer's claim;
- Or if this solution cannot be implemented without major inconvenience to the buyer, given the nature of the goods and the intended use.
However, the sale may not be rescinded if the lack of conformity is minor.
Article L.217-12 of the Consumer Code
Legal action for lack of conformity is subject to a two-year limitation period starting from the delivery of the goods.
Article L.217-16 of the Consumer Code
When the buyer requests the seller, during the course of the commercial guarantee granted to them upon purchase or repair of a movable property, to carry out repairs covered by the guarantee, any period of immobilization of at least seven days is added to the remaining duration of the guarantee. This period runs from the buyer's request for intervention or from the date the goods in question are made available for repair, if the latter is later than the request for intervention.
Article 1641 of the Civil Code
The seller is bound to a warranty on account of hidden defects in the thing sold that render it unfit for its intended use or that so impair its use that the buyer would not have acquired it or would have given a lower price for it if they had known of the defects.
Article 1648, paragraph 1, of the Civil Code
Legal action for redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
ANNEX 2 - WITHDRAWAL FORM
This form must be completed and returned to firstname.lastname@example.org or to the postal address below only if the Client wishes to withdraw from the order placed on www.nilai.fr, except for exclusions or limitations to the exercise of the right of withdrawal as specified in the applicable General Terms and Conditions of Sale.
To the attention of:
NILAÏ STORE - SAV
4 rue du vieux colombier
75006 PARIS, France
- Order date: ......................................
- Order number: ...........................................
- Client's name: .................................................
- Client's address: ...............................................
Client's signature (only if this form is notified on paper):