Terms and conditions of sale
Last update date: 24-10-2022
Last update date: 24-10-2022
Article 1 – LEGAL NOTICE
This site, accessible at the URL www.nune.fr (the “Site”), is published by :
Nune, S.A.S. with a capital of €10,000, registered with the RCS of Laval, SIREN 919.439.836, APE : 3213Z, whose head office is located at 2 rue de Babenhausen in ARGENTRE, FRANCE,
(hereinafter referred to as the ” Operator “).
The Site is hosted by SHOPIFY INC, a Canadian company registered with the TSX and NYSE No. 426160-7, 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4 Canada.
The Site’s Publishing Director is Céline Wibault.
The Operator can be contacted at the following e-mail address contact@nune.fr.
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general conditions of sale (the ” General Conditions of Sale “, or the ” GCS “) apply exclusively to the online sale of products offered by the Operator on the Website.
The GCS are made available to customers on the Site, where they can be consulted directly, and can also be communicated to them on request by any means.
By checking a box or clicking on the button provided for this purpose, the customer acknowledges that he/she has read and accepted these terms and conditions before placing an order. Validation of the order by its confirmation implies acceptance by the buyer of the GCS in force on the day of the order, which are kept and reproduced by the Operator.
Article 3 – DESCRIPTION OF PRODUCTS
The Site is an online sales site for costume jewelry (hereinafter the ” Product(s)”) open to any individual or legal entity using the Site (the ” Customer “).
The Products presented on the Site are each the subject of a description, accessible on the Site on the corresponding product pages, mentioning their essential characteristics. Any photographs illustrating the Products do not constitute a contractual document. The Products comply with the requirements of current French law.
The Customer remains responsible for the methods and consequences of accessing the Site, in particular via the Internet. Such access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the Customer. In addition, the Customer must provide and be entirely responsible for the equipment required to connect to the Site.
The customer acknowledges that he has checked that the computer configuration he is using is secure and in working order.
Article 4 – CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer must first create a personal customer area. Once created, to access it, the Customer must identify himself using his secret, personal and confidential identifier and password. It is the Customer’s responsibility not to communicate his/her login and password in accordance with the provisions of article PERSONAL DATA of the present General Terms and Conditions. Each Customer undertakes to maintain strict confidentiality with regard to data, in particular login and password, enabling him/her to access his/her customer area. The Customer acknowledges that he/she is solely responsible for accessing the Service using his/her login and password, unless fraud has been proven. Customers also undertake to inform the Operator immediately in the event of loss, misappropriation or fraudulent use of their login and/or password.
After the creation of his personal customer area, the Customer will receive an email confirming the creation of his customer area.
When registering, the Customer undertakes to :
The Customer further undertakes not to make available or distribute any illicit or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Should this not be the case, the Operator may suspend or terminate the Customer’s access to the Site at its sole discretion.
Article 5 – ORDERS
The Operator endeavours to guarantee optimum availability of its Products. Product offers are valid while stocks last.
If, despite the best efforts of the Operator, a Product proves to be unavailable subsequent to the Customer’s order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between :
It is agreed that apart from reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation indemnity, unless the non-performance of the contract is personally attributable to the Operator.
With the exception of any mention to the contrary in these General Terms and Conditions, and without prejudice to the right of withdrawal provided for by applicable law, customer orders are firm and final.
When placing an order, the Customer must select the Products chosen and add them to his/her basket, indicating the Products selected and the quantities required. Customers can check the details of their order and its total price, and return to previous pages to correct the contents of their basket if necessary, before validating it.
The customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. Confirmation of the order implies acceptance of the GCS and forms the contract.
Contractual information relating to the order (in particular the order number) will be confirmed by e-mail in due course and at the latest at the time of delivery. The Operator strongly advises the customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the customer in the order confirmation e-mail. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email sent to the Customer in connection with an order will be sent to the email address used by the Customer to log on to the Customer Area.
The Operator reserves the right not to validate the Customer’s order for any legitimate reason, in particular in the event that :
The Operator archives contracts for the sale of Products in accordance with applicable legislation. By sending a request to the following address contact@nune.fr, the Operator will provide the Customer with a copy of the contract which is the subject of the request.
Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.
The information provided by the customer when placing an order (in particular name and delivery address) is binding. Therefore, the Operator cannot be held liable in the event that an error in placing the order prevents or delays delivery.
The Customer declares that he/she has full legal capacity to enter into the present Terms and Conditions.
Registration is open to adults of legal age and to minors, provided they are acting under the supervision of a parent or guardian with parental authority. Under no circumstances is registration authorized on behalf of a third party unless the third party is validly authorized to represent it (e.g. a legal entity). Registration is strictly personal to each Customer.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer’s account without notice.
Article 6 – PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order subject to payment, which requires the payment of a price in exchange for the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before dispatching the order, by any means necessary.
Orders can be paid for using the following payment methods:
The customer’s order is recorded and validated as soon as the bank accepts payment.
The customer’s account will only be debited for the corresponding amount once the details of the credit card used have been verified and the debit has been accepted by the bank that issued the credit card.
Failure to debit the sums due will result in the immediate nullity of the sale.
In particular, the credit card may be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled, or if the data entered is incorrect.
The customer may pay for his or her order using Nune gift e-cards issued in advance by the Operator. These are valid for one (1) year from the date of purchase, and can be used in one (1) or more transactions. If the balance on the gift card is not sufficient to pay for the order, the customer may finalize the order by making an additional payment via credit card or Paypal. If the balance on the gift card exceeds the amount of the order, the remainder will be retained on the gift card for the duration of its validity.
Article 7 – PRICE PAYMENT
The price of the Products in force at the time of the order is indicated in euros, all taxes included (VAT included), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to all orders placed during the promotional advertising period.
The Operator reserves the right to modify its prices at any time, it being understood however that the price appearing on the Site on the day of the order will be the only one applicable to the Customer.
Prices are payable exclusively in euros (€). The price is payable in full once the order has been confirmed. The prices quoted include any discounts and rebates that the Operator may grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the order is validated by the Customer. The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 8 – FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends confirmation of his order.
The Customer’s attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places an order, he/she must confirm it using the “double-click” technique, i.e. after selecting the Products added to the basket, the Customer must check and, if necessary, correct the contents of his/her basket (identification, quantity of Products selected, price, delivery terms and charges) before validating it by clicking on “I confirm my delivery”, then he/she acknowledges acceptance of these GTC before clicking on the “I pay” button, and finally he/she validates his/her order after filling in his/her bank details. The “double click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.
Communications, order forms and invoices are archived by the Operator on a reliable and durable medium so as to constitute a true and durable copy. These communications, order forms and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
The order may be cancelled by the Customer by registered letter with acknowledgement of receipt or in writing on another durable medium in the event of :
In all these cases, the Customer may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.
The order may be cancelled by the Operator in the event of :
Article 9 – RESERVATION OF TITLE
The Operator remains the sole owner of the Products ordered on the Site until full payment has been received, including any shipping costs.
Article 10 – SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in Metropolitan France and Overseas (Guadeloupe, Guyana, Martinique, Reunion, Mayotte, St Pierre et Miquelon, St Martin, St Barthélémy), or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
Shipping and handling :
The operator prepares orders with care, wrapping each product in a gift box in a bubble envelope, and offers the following delivery methods:
– Green letter with La Poste tracking: €2.90 postage for orders under €50. Free delivery for orders over €50. Delivery in D+3 to D+8 (indicative times).
– Delivery by Colissimo La Poste: €5.25 for orders under €100. Free Colissimo delivery for orders over €100. Delivery in 48 hours (2 working days).
– Delivery by Colissimo La Poste with signature: delivery charge €7.90. Delivery in 48H, i.e. 2 working days. Delivery against signature.
– Green letter with La Poste tracking: shipping costs €8.50. Delivery in D+5 to D+12 (indicative times).
– Shipment by Colissimo La Poste: shipping costs €12.65.
– Shipment by Colissimo La Poste with signature: shipping costs €15.55.
– Green letter with La Poste tracking: shipping costs €8.25. Delivery in D+3 to D+10 (indicative times).
– Shipment by Colissimo La Poste with signature: postage €14.85. Delivery in D+3 to D+15 (indicative times).
All orders are sent by post. The tracking number is sent to the customer by email (and by SMS if the customer has selected this option).
Shipping costs are specified when the order is finalized and are accepted when the order is validated.
Manufacturing and delivery times :
Except for vacation periods (announced on the 1st page of the site, where applicable), products are manufactured and dispatched within 1 to 3 working days, then delivered by La Poste within 2 to 8 working days on average. Customers therefore receive their orders within 3 to 11 working days.
The Operator undertakes to dispatch the Products in accordance with the announced deadlines, provided that payment for the order has not been previously refused.
However, if one or more Products cannot be delivered within the period initially announced, the Operator will send the Customer an e-mail indicating the new estimated shipping and delivery date.
The Products will be delivered to the address indicated by the Customer at the time of ordering. It is the Customer’s responsibility to check that this address is correct. The Operator cannot be held responsible if the address communicated by the Customer is incorrect, thus preventing or delaying delivery.
No delivery will be made to a P.O. Box.
The Operator cannot be held responsible for any damage to products during transport.
On delivery, it is the Customer’s responsibility to check that the Products delivered conform to the order and that the package is sealed and undamaged. If this is not the case, the Customer must, before opening the parcel, have the letter carrier or the Post Office draw up a report of spoliation. No claim concerning the quantity or condition of the Product will be accepted if the claim has not been recorded on the report. This document is essential for any claim against the Post Office. If the parcel is badly damaged, we recommend that you check its contents in the presence of the delivery person, and refuse it if the contents are damaged so that the Operator can make a claim with the Post Office.
In such cases,
the customer must notify the Operator within 24 hours of receipt of the parcel, by e-mail or letter, of the nature of the damage, with supporting photos, a description of the facts and indicating the order number, delivery date and full contact details.
A parcel whose contents have been damaged in transit must be refused by the delivery service for return to the Operator. If the parcel is opened, the cost of return shipment is at the customer’s expense. If the parcel is not opened, the cost of return shipment is borne by La Poste. All risks associated with the return of the product are at the customer’s expense.
Article 11 – RIGHT OF WITHDRAWAL
If the Customer is not completely satisfied with a delivered Product, he may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
However, the exceptions set out in article L.221-28 of the French Consumer Code apply and preclude the exercise of the right of withdrawal: the Operator draws the customer’s attention to the fact that all items personalized by the purchaser, made to his/her specifications, will not benefit from any right of withdrawal. Similarly, there is no right of withdrawal for gift cards.
Apart from these exceptions, in accordance with Article L.221-21 of the French Consumer Code and in order to exercise this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below: https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397.
The Operator will acknowledge receipt of the Customer’s withdrawal request by e-mail.
Where applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:
Return shipping costs are at the Customer’s expense.
The Product must be returned in its original packaging, in perfect condition, fit for resale, unused and with all accessories.
In addition to the returned Product, the return parcel must also contain a letter specifying the Customer’s exact and complete contact details (surname, first name, address), the order number and the original purchase invoice.
The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all the elements required to implement the Customer’s reimbursement. This refund will be made by the same means of payment as that used for the Customer. In this respect, Customers who have paid for their order in the form of gift vouchers may be reimbursed by gift vouchers at the discretion of the Operator.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges that he has been informed of the terms and conditions of withdrawal.
Article 12 – CUSTOMER SERVICE
The Customer may contact the Operator by email at contact@nune.fr indicating his name, telephone number, the subject of his request and the number of the order concerned.
Article 13 – INTELLECTUAL PROPERTY AND SITE USE LICENSE
The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the ” Elements “) which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Site Elements may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or in return for payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer shall be solely liable for any unauthorized use and/or exploitation.
ARTICLE 14 – LIABILITY AND WARRANTY
The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts, or due to the unforeseeable and insurmountable act of any third party to the present contract.
The Customer acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet. Accordingly, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and/or presentation.
The Operator may not be held liable for the use of the Site and its services by Customers in breach of these General Terms and Conditions, nor for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Operator may not be held liable for false declarations made by a Customer or for his or her behaviour towards third parties. In the event of the Operator being held liable for such conduct on the part of one of its Customers, the latter undertakes to indemnify the Operator against any judgement against it, and to reimburse the Operator for all costs incurred in its defense, in particular legal fees.
Independently of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the warranty against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
When you are acting under the legal warranty of conformity :
You may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, you may choose between rescinding the sale or reducing the purchase price in accordance with article 1644 of the French Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the French Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the French Civil Code, as in force on the date of these General Terms and Conditions of Sale:
Art. L.217-4 of the French Consumer Code:
“The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility.”
Art. L.217-5 of the French Consumer Code:
“The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
– 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;
– it has the qualities that a purchaser may legitimately expect in the light of 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 seller’s attention and accepted by the latter.”
Art. L.217-7 of the French Consumer Code:
“Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For used goods, this period is six months.
The seller may rebut this presumption if it is not compatible with the nature of the good or the lack of conformity claimed.”
Art. L.217-9 of the French Consumer Code:
“In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer”.
Art. L.217-12 of the French Consumer Code:
“Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Art. 1641 of the French Civil Code:
“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Art. 1644 of the French Civil Code:
“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.”
Art. 1648 paragraph 1 of the French Civil Code :
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
We remind you that the search for amicable solutions prior to any legal action does not interrupt the time limits for legal warranties or the duration of any contractual warranties.
The legal warranty of conformity does not apply in the following cases:
You were aware of the defect at the time of purchase.
You could not have been unaware of the defect at the time of purchase (for example, if the Site informed you of it).
The defect results from materials supplied or added by you.
The defect is not due to the Product, but to misuse.
The warranty is valid for 2 years and covers manufacturing and technical defects only. Breakage or damage resulting from accident or improper use of the Products is not covered by the warranty.
ARTICLE 15 – CUSTOMER SERVICE
Warranty claims must be sent to Customer Service by e-mail or post to the following address within ten days of delivery:
e-mail address : contact@nune.fr
Products covered by the warranties must be returned new, complete and in their original condition and packaging, after receipt and confirmation of the claim by Customer Service, and the Operator will refund or exchange the item.
The Customer will be reimbursed for the return postage costs within thirty (30) days of receipt of the product by the Operator.
ARTICLE 16 – PERSONAL DATA
For further information concerning the use of personal data by the Operator, please read the Privacy Policy (the ” Policy “) carefully. You can consult this Charter on the Site at any time by clicking on the link https://nune.fr/pages/charte-de-confidentialite.
Article 17 – HYPERTEXT LINKS
The hypertext links available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the Customer’s convenience, in order to facilitate use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and agree to use the third-party sites at his/her own risk or, where applicable, in accordance with the conditions governing them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
Furthermore, the Customer acknowledges that the Operator does not endorse, guarantee or take over all or part of the terms of use and/or content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to inform the Operator of any hypertext link present on the Site that would allow access to a third-party site offering content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link to the site without the prior written consent of the Operator on a case-by-case basis.
ARTICLE 18 – REFERENCES
The Customer authorizes the Operator to mention the Customer’s name and logo as a reference in its communication media (brochure, website, sales proposal, press relations, press release, press kit, internal communication, etc.).
ARTICLE 19 – GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing relations between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. Should one or more stipulations of these General Terms and Conditions be declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope. In addition, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be construed as a waiver on its part to invoke such a breach in the future.
CHANGES IN CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available therein, and/or to cease temporarily or permanently to operate all or part of the Site.
In addition, the Operator reserves the right to modify the location of the Site on the Internet, as well as these General Conditions, at any time and without prior notice. The Customer must therefore refer to these General Conditions before using the Site.
The Customer acknowledges that the Operator shall not be held liable in any way whatsoever to the Customer or any third party as a result of such modifications, suspensions or cessations.
The Operator advises the customer to save and/or print out these General Terms and Conditions for safe and durable storage, so that they can be invoked at any time during the performance of the contract if necessary.
CLAIMS – MEDIATION
In the event of a dispute, you should first contact Nune’s customer service department at the following address:
In the event of failure to submit a claim to the customer service department, or in the absence of a response from this department within ten (10) days, the customer may submit the dispute relating to the order form or these GCS opposing him to the Operator to the following mediator: Tribunal de Commerce de Laval 53000 – France.
The mediator will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
APPLICABLE LAW
These General Terms and Conditions are governed, interpreted and applied in accordance with French law.
The Operator may not be held liable for damages of any kind, whether material or immaterial, which may result from the malfunction or misuse of the products marketed.
The Operator’s liability shall in any event be limited to the amount of the order and may not under any circumstances give rise to damages or compensation.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read the present General Conditions.
By registering on the Site, the Customer confirms having read and accepted the General Terms and Conditions, thereby becoming contractually bound by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to that date may be provided to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any previous order, unless expressly agreed by the Customer at the origin of a given order.
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