NEDGIS TERMS AND CONDITIONS OF SALE
1 - The website www.nedgis.com is owned and operated by NEDGIS SAS, a public limited company with a registered capital of 2,000€, based in Paris at 40 rue du Vertbois, 75003, registered under the number 804 984 144 RCS Paris (Nedgis). The French VAT number is FR92804984144. For further inquiries: +33 1 40 37 09 05.
Mr. Frédéric Gérard is the designated Chairman.
All Products for sale on the Internet Site (www.nedgis.com) are offers proposed by Nedgis.
The Internet Site is hosted on the servers of Toxicode located at 28 Avenue des Fusillés de Châteaubriant, 94100 Saint-Maur-des-Fossés, France.
2 - These Terms and Conditions of Sale set out the rights and obligations of Nedgis and the Internet Site Customer.
The Terms and Conditions of Sale, as well as the Order confirmation issued by Nedgis, comprise the contractual sales agreement between the Customer and Nedgis for all Products ordered on the site.
Prior to placing any order, the Customer must fully accept these Terms and Conditions. In the case of disagreement, the Customer should not use the Internet Site.
Nedgis reserves the right to amend or modify the Terms and Conditions of Sale, which will be applied to all subsequent orders.
In the case of modification, the Terms and Conditions of Sale online and accepted at the time of the Customer order, will be applicable.
ARTICLE 1 - DEFINITIONS
The terms indicated with a capital letter in the Terms and Conditions of Sale mean the following :
- “Terms and Conditions of Sale”: refers to the terms and conditions in this document applicable to relations between Nedgis and the Customer
- “Order(s)” : refers to the Customer purchase of Product(s) on the Internet Site or through Customer Service.
- “Internet Site”: refers to the website accessible at the following URL address www.nedgis.com, including any other extension or replacement thereof.
- “Product(s)”: refers to the Internet Site offer(s) for sale.
- “Customer(s)”: refers to the individual desiring to make a purchase on the Internet Site for either personal or professional reasons, having previously agreed to the Terms and Conditions of Sale.
ARTICLE 2 - OBJECTIVEe
The aim of the Terms and Conditions of Sale is to define the binding rights and obligations of both parties (Nedgis and the Customer) in regards to all Product purchases on the Internet Site.
Prior to all Orders on the Internet Site of one or more Products, the Terms and Conditions of Sale must be fully accepted.
Direct access to the Terms and Conditions of Sale is found at: www.nedgis.com/cgv.
All Customers desiring to make a purchase on the Internet Site must be of age to enter into a legal contractual agreement in order to accept the Terms and Conditions of Sale and make a subsequent purchase.
ARTICLE 3 - CREATE AN ACCOUNT
In order to purchase Products on the Internet Site, the Customer must first create an account by completing the requested information (email, full name, birthdate and choose a password).
In so doing, the Customer attests to the accuracy of the information provided and thereby facilitates Customer identification under all circumstances while using the Internet Site. Furthermore, the Customer agrees to keep his/her personal information updated. Anyone providing misleading, disturbing or false information will engender the prompt closing of their Customer account along with the cancelation of their Order.
During the creation of the account, the Customer will choose a login and password that will allow personal access, and it should be kept confidential by the user.
Once the Customer has logged in, he/she will be held responsible for all activity on the Internet Site, notably, for all Orders placed during his/her visit, subject to the right to cancel in accordance with Article 9.3. Without limiting the foregoing, the Customer will inform Nedgis immediately as to all unauthorized use of his/her Customer account or login information.
ARTICLE 4 - PRODUCT ORDERS
4.1. The Customer may place an Order, in English, directly on the Internet Site after having signed in, in accordance with Article 3.
4.2. While browsing the Internet Site, the Customer may add Products to his/her shopping cart by clicking on the “add to cart” icon. At any moment during the ordering process before the final confirmation, the Customer may reconsider, modify quantities or eliminate any selected Product in his/her cart.
The ordering process follows these steps:
- Place desired Product(s) in the shopping cart
- Open an account or sign into an existing one
- Provide shipping and billing information (if different)
- Choose payment method and review Order details
- Accept and validate the Terms and Conditions of Sale
- Complete payment information and validate
- Payment confirmation sent by email
The order is finalized once Nedgis has sent out the Order confirmation, which includes a link to the Terms and Conditions of Sale.
4.3. In accordance with the provisions of Article L. 1369-5 of French commercial code, the Customer will have the opportunity to verify the Order details and total price as well as correct or modify the Order if so desired before validating the final confirmation.
Nedgis will not be held liable for any information erroneously entered by the Customer; therefore, all eventual consequences such as late or erroneous deliveries and the ensuing costs will be at the Customer’s expense.
4.4. Once the shopping cart contents have been validated, the Customer must confirm their Order by:
- providing all information requested;
- fully accepting the Terms and Conditions of Sale;
- validating payment.
The Customer “click” validates the order and constitutes agreement to pay the price indicated as well as acceptance of the Product features.
ARTICLE 5 - ORDER CONFIRMATION
5.1. Once the Order is validated by the Customer in accordance with Article 4.4, an email acknowledging receipt of the Order as well as the details of the purchase will be sent to the Customer by Nedgis shortly thereafter.
5.2. The Order will be considered definitive when Nedgis sends an email of confirmation to the Customer as referred to in Article 5.1; moreover, the sale of the Product(s) will be considered final at the moment of payment corresponding to the Product price.
5.3. The Product offers and corresponding prices displayed on the Internet Site, which is updated daily, are considered current and valid within the limits of available stock. In the case of unavailability of the Product, notably out of stock, Nedgis will remove the Product from the Internet Site or update the Product with a new availability date.
All Internet Site special sales promotions will be clearly identified as such and will include the period of validity.
5.4. In the case of Product unavailability due to manufacturer or distributor discontinued Products, Nedgis will inform the Customer by email. Nedgis will also inform the Customer of new availability dates if determined, or propose a similar replacement Product if possible.
If the Customer declines the waiting period and declines the similar Product, the Customer will be reimbursed the price of the Product in the event that his/her bank account has already been debited, within a timeframe of 15 days following Customer Order cancelation.
5.5. In accordance with Article L.122-1 of French commercial code, Nedgis has the right to refuse any Order for legitimate reasons, notably due to payment or delivery problems, abnormal or false Order pretenses. Nedgis also reserves the right to request proof of identification by email and/or by telephone, and in this case allows the Customer the possibility of canceling the Order.
Furthermore, Nedgis maintains the right to refuse an Order in such cases where the prices on the Internet Site or displayed in the Order details are erroneous, due to technical problems or bugs, and do not concur with the actual selling price of the Product.
ARTICLE 6 - PRODUCT PRICES
6.1. The Product price indicated on the Internet Site is in the currency of euros, VAT included.
Added costs for Product preparation and shipping are at the charge of the Customer. The total of these additional expenses, if not previously determined, will be stipulated before the Customer validates the Order.
6.2. For all Product shipping outside of France, the general tax code concerning VAT will be applicable. For deliveries outside of the European Union, the Customer will be held responsible for customs duties, VAT or any other tax due on imports in the country of destination.
All formalities, declarations and payments, if required, will be the responsibility of the Customer unless otherwise indicated. Knowledge of domestic laws on imports in the country of destination is solely the responsibility of the Customer.
6.3. Nedgis maintains the right to modify Product prices; however, the Order price as stated in the Customer shopping cart will not be modified during the purchasing process and validation. The Internet Site and Order details display the correct prices, except in case of error due to technical problems or bugs.
ARTICLE 7 - PAYMENT
7.1. Payment scope The Product price, preparation and shipping costs are to be paid in full at the moment of placing the Order. As per French law in Article L 131-1, a down payment will not be accepted as payment.
The Customer undertakes to pay, or have paid, all customs duties, VAT or other taxes due on imports in the country of destination, and as required, to settle the costs directly with the delivery service or customs agent.
7.2. Payment method The Order can be purchased via secure online bank card payment in concordance with the proposed Internet Site methods.
The bank card payment for the Order cannot be canceled by the Customer. All purchases are definitive, without limiting Customer privilege to exert the right to retraction.
The Customer ensures that he/she is the bank card holder and that there are sufficient funds available to cover the Order amount.
The Customer bank account will be debited after the Order confirmation has been issued.
The Customer also has the option to pay the Order by:
- PayPal. The Customer ensures Nedgis that he/she has a current and updated PayPal account at the moment of purchasing the Order.
The Internet Site has a secure payment system that protects all data collected during the payment process. Furthermore, Nedgis does not have access to payment data and that explains why the Customer will be asked to complete this information for every subsequent Customer Order.
7.3. Defaulting on payment and the title of goods Nedgis retains title to goods until they are fully paid.
In the case of a default on payment, Nedgis is entitled to reclaim the Products purchased; correspondingly, the customer is responsible for the return of any unpaid Products and the costs of doing so are at the expense of the Customer.
Notwithstanding, the transfer of risk occurs upon delivery, thus the risk of loss or damage to the Product will have been transferred to the Customer.
7.4. Secure payment All information provided during the payment process is encrypted thanks to protocol SSL (Secure Socket Layer), which is the international standard for secure transaction.
For all Orders paid by bank card, Nedgis has opted for the Paybox secure payment solution, ensuring the confidentiality of all information provided. Paybox offers a PCI-DSS certified multi-channel platform for Visa and Mastercard with high-level controls to protect your personal data during the financial transaction. No bank card number is stored by Nedgis.
ARTICLE 8 - DELIVERY
8.1. Delivery destination As a general rule, delivery of Products is effectuated after full payment of the Order, to the address indicated by the Customer during the ordering process.
Nedgis guarantees delivery of all Orders to the countries and territories mentioned on a separate page (< click vers Page Livraison)>).
8.2. Preparation/shipping costs The cost of preparation and delivery including all taxes (in particular VAT) will be indicated in the Order details during processing and before final validation.
8.3. Delivery dates The delivery dates will be indicated during the processing of the Order before Customer validation and prior to payment.
As a general rule, the delivery period will not exceed 60 working days from the moment of Product Order confirmation, except if otherwise specified during Order processing and indicated as such on the Order confirmation.
In the eventuality of delivery delays, the customer can send a formal request for delivery to Nedgis, and if preferred, cancel the sale according to Articles L.1138-2 and 3 of French consumer code, provided that the delay is not the fault of the Customer for reasons such as repeated unavailability to reception the delivery. If the Customer prefers to cancel his/her Order, Nedgis guarantees reimbursement within the timeframe of 14 days.
8.4. Delivery destination The delivery will be considered final as soon as the Product has been delivered to the specified destination indicated on the Order, and if required, at the hands of the deliveryman.
8.5. In case of absence If the Customer is not present at the destination, the deliveryman will leave a delivery notice at the specified destination address. Depending on the delivery service employed by Nedgis, the Customer should either proceed to a specified destination to retrieve the Product or make an appointment for another delivery date.
If the Customer does not retrieve the delivery before the deadline stated on the notice, the Product will be returned to Nedgis, who reserves the right to refund the Product price to the Customer, although the shipping costs will be at the expense of the Customer.
8.6. Upon delivery The transfer of risk occurs upon delivery of the Products to the Customer destination address, or at the moment the Customer retrieves the Products directly from the delivery service.
Without limiting the Customer’s right to retraction, let it be clearly stated that upon reception of all Products, at that precise moment, full responsibility is transferred to the Customer or any other acquiring party at the destination, and it becomes the Customer’s responsibility to verify that the delivery corresponds with his/her Product Order and that the Products are not damaged or missing.
If the outer package has been damaged during the delivery process, the Customer or responsible party at the destination should open the delivery in the presence of the deliveryman and verify the Product within. The customer should refuse the delivery if the Product is considered to have been damaged during delivery and specify “refusal due to damages” on the return voucher.
Without violating any Customer guarantees stated in Article 9, it is imperative that the Customer brings to the attention of Nedgis, in a timely manner, the problem of damaged goods during delivery so as to retain Customer rights in regards to Nedgis and the shipping company. If at that time, the Product is still in Customer possession, it would be necessary to begin the return procedure as stated under the conditions of Article 9.4.
If the Customer refuses the delivery or returns the Product because of the aforementioned reasons, the Customer can request a new delivery or cancel the Order under the conditions of Article 9.1.3.
ARTICLE 9 - PRODUCT CONFORMANCE - GUARANTIES – CANCELATIONS - MEDIATION
9.1. Product conformance
9.1.1. The information and description provided on each Product page, including photos, technical specifications and descriptions concur with the information received by Nedgis from the supplier.
In accordance with Article L.111-1 of French commercial code, Nedgis will present all Products with essential specifications and descriptions for Customer consultation.
Before shipment, the Products are examined for concordance to the description posted on the Internet Site.
However, due to technical reasons, the Product presentation (photographs and computer displays) on the Internet Site may differ slightly from the actual Product.
9.1.2. Beyond the specific warranties offered with each Product, the Customer is also entitled to legal consumer protection.
Article L.211-4 of French consumer code:
"The seller is expected to deliver goods in concordance with the contractual terms of the sale and repossess all defected goods at the time of delivery, or when there are defects in packaging, assembly or installation instructions which fall under the responsibility of the seller.”
Article L.211-8 of French consumer code:
"The buyer has the right to demand that the contractual terms of sale be upheld.”
Article L.211-5 of French consumer code:
"To comply with the contractual sale, the article must:
1 – Be suitable for the use ordinarily expected of similar goods and,
2 – Correspond to the description given by the seller and have the qualities shown to the buyer in the form of a sample or model;
3 – Have the qualities that a buyer might legitimately expect in view of the statements made public by the seller, manufacturer or intermediary via advertising or labeling (…).”
Article 1641 as per French law:
The seller is liable for hidden defects that prevent the product from being suitable for its intended use, or that reduce considerably this use to the point that the buyer would not have purchased it, or would have paid a lower price if he/she had known.
9.1.3. In accordance with Articles L.211-9 and L.211-10 of French consumer code, the remediation of the consequences due to damaged/malfunctioning goods, duly confirmed by Nedgis, provides the options of repairing or replacing the Product, unless the request leads to disproportionate costs in relation to the value of the goods or the damage/malfunction.
In the case that the repair or replacement of the article is impossible, the Customer can return the article and get a partial Order refund for the specific Product.
Whatever the Customer choice may be, the Customer should contact Nedgis to come to an agreement on the return of the said Product.
As long as the request is based on reasonable and objective grounds, the application of Articles L. 211-9 and L. 211-10 of French consumer code will proceed with no added costs to the buyer.
9.2. Right to retraction
9.2.1. All persons whose intentions are not to further commercial, industrial, craftsman or other professional purposes, and who are unsatisfied with the Product purchased, have the right to exert the right to retraction in the best circumstances and without penalties.
In accordance with Articles L.121-21 of French consumer code, the legal delay during which the buyer can exert the right to retraction is 14 days from the day of delivery or, in the case of multiple goods ordered, from the day of the delivery of the last Product figuring on the Order.
The Customer returning the Product in the framework of the right to retraction will be entitled to a refund for the price of the Products ordered; however, the costs incurred returning the Product will be at the charge of the Customer. The majority of the Products will not be accepted by standard postal service, while the return by a delivery service may cost as much as 100 euro, maximum. In the case of the latter, payment should be carried out directly to the delivery service when he/she arrives to retrieve the Product to be returned.
9.2.2. To set in motion the right to retraction, the Customer should notify Nedgis in a clear, precise and unequivocal manner using the following model as an example, to be sent by postal service, fax, or email to [email protected]
MODEL CANCELATION FORM
(Please complete the following form if you intend to exert your right to retraction.)
To the attention of NEDGIS:
I hereby notify you that I would like to cancel the sales Order for the following article:
Product (description, reference number): __________________________________
Order number: _________________________________________________
Date of the Product Order: ___________________________________________
Product received (date): ___________________________________________
Reason for cancelation (e.g.: retraction within the 14-day period, return, etc.): ______________________________________________________________________
Customer name: ________________________________________________________
Customer Address: _________________________________ _____________
Customer Signature (only if sending a paper copy): ______________________________________________________________
Date of cancelation: ___________________________________________________
Please address this cancelation letter to Nedgis, 40 rue du Vertbois, 75003 Paris, France. Please be aware that you should ship the product you wish to cancel to the following address : Nedgis, 37 rue Notre Dame de Nazareth (backyard), France.
Nedgis will acknowledge reception of your cancelation request in a prompt manner by email.
Customer service will then handle your request by sending you an authorization number for your return voucher, which must be included with the goods to be returned. Without this number, neither the refund nor the exchange can proceed.
Only those Products wrapped in the original packaging (complete with accessories, manuals, etc.) will qualify as a return or towards exchange. The Customer will be held liable for any decrease in value inflicted upon the Product resulting from unnecessary over-handling.
The costs incurred in returning the Product are at the expense of the Customer, except in the case of damaged/malfunctioning goods or hidden defects of the Product.
In the case of retraction, Nedgis will reimburse the sum of the related purchase, including delivery costs (with the exception of additional delivery expenses incurred because the Customer chose a delivery method exceeding the standard delivery solution proposed by Nedgis), as soon as the Product has been received. In case of contention, the refund may be withheld until the Customer furnishes valid delivery receipts.
Customer service will proceed with the payment of the refund in accordance with the original method of payment unless stipulated otherwise. Under no circumstances will the refund engender added costs to the Customer.
9.2.3. In the case of a cancelation of part of an Order, only the article being returned will be refunded.
9.2.4. The right to retraction will not be applicable, in accordance with Article L.121-21-8 of French consumer code, to all very customized and personalized Products due to specific Customer requests, or to Products that by nature cannot be returned rapidly without considerable deterioration or are about to arrive at the expiry date.
9.3. Return procedure
The Products deemed damaged or faulty by the Customer should be returned to Nedgis at the following address: Nedgis - Service Retours, 40 rue du Vertbois, 75003 Paris, France.
Before doing so, the Customer must contact Nedgis by postal service, fax, or email to the following address: [email protected], indicating the damages/malfunctions of the Product. A photo should be sent for a better visualization of the said issue.
The request will be evaluated by Customer service, which will send an authorization number by email. This number must be included with the articles to be returned for refund whether partial or total or an exchange (with the final decision being up to Nedgis), otherwise the refund will not be processed.
The Products must be placed in their original containers/packaging and correctly protected. They should be sent back in perfect condition, besides the said fault or damage. All returns that are incomplete, destroyed or damaged, devalued, dirty, even partially, will not be refunded or exchanged.
The Customer should then proceed with the Product return by indicating the malfunction or damage. We recommend that the Customer retain proof of shipment so as to facilitate procedures in case a problem arises during the transport.
9.4. Mechanism for mediating consumer disputes
In accordance with articles L.611-1 et seq. and R.612-1 et seq. of the French Consumer Code, it is provided that for any dispute of a contractual nature relating to the performance of the sales contract and/or the service agreement that could not be settled in connection with a claim previously filed with our customer service department, the Consumer can use a free mediation service. The Consumer shall contact the Association Nationale des Médiateurs (ANM), (National Association of Mediators), either by letter to 62 rue Tiquetonne, 75002 Paris, or by email, by completing the online referral form available on the website www.anm-conso.com.
The Consumer may also consult the European online dispute resolution platform website.
The following website www.economie.gouv.fr/mediation-conso also comprises all necessary information in the event of cross-border litigation.
ARTICLE 10 - PRODUCT USE
10.1. Before placing any Order, the Customer should read carefully all the information concerning Product use available on the Internet Site, including the features, characteristics and components and thereby verify the compatibility to intended use.
The Product price excludes costs of preparation (logistics and handling) and shipping, which are at the expense of the Customer. These total costs will be specified on the Internet Site (the standard procedure for calculating costs may be applied unless otherwise specified) or by phone with Customer service, prior to the validation of your Order.
10.2. The Customer is expected to follow the manufacturer directions for Product use printed on the packaging and in the user manual. For complementary information concerning Product characteristics, please feel free to contact Nedgis directly.
ARTICLE 11 - LIABILITY
11.1. The Products presented on the Internet Site are fully compliant to French law and standards applicable in France.
Nedgis’ offers fully comply with the legal regulations effective in France. The Customer alone is liable for any other legal regulations in effect in his/her country of residence or in the country of Product destination. The Customer is considered responsible to be knowledgeable and comply with any eventual limits on imports, exports or use of the Product purchased on the Internet Site.
11.2. The liability of Nedgis is limited to Product offers and conditions hereby stated in the Terms and Conditions of Sale. In no manner can Nedgis be held responsible for Product advice, recommendations or use of Product furnished by the manufacturers and posted on the Internet Site.
11.3. The liability of Nedgis is limited to damages, visible or hidden, which may concern any Product ordered on the Internet Site. Nedgis will not be held liable for any damages caused by the Customer due to misuse of the Product.
Nedgis cannot be held liable by Customers purchasing Products with the intended industrial, commercial, craftsman or other professional purposes, which may result in consequential damages or loss of profit, gains, opportunity or reputation. In the case of proven liability, only the total amount of the Order including VAT will be the reference of restitution.
If the Product is faulty or damaged, due to incompatibility with other materials, aborted installation or improper connection to electrical current, all compensation, refund or Nedgis liability will be excluded.
Nedgis further refuses liability for Customer non-fulfillment or improper means employed in assuming his/her obligations, equally so for unforeseeable, unavoidable damages attributable to a third party during delivery in another country, and in any case of unforeseeable, unavoidable force majeure or other external event.
As a general rule, Nedgis will not be held responsible for unforeseen or unavoidable damages to a Product purchased on the Internet Site.
11.4. Nedgis will not be held liable under any circumstance for 1) content proposed on any other website or Internet source where a link may be established to the Internet Site (advertisements, products, services or any other information), nor for 2) any damages incurred by the Customer during his/her visit to these websites.
Internet Site users should be aware and accept the characteristics and limits associated with the Internet and its technology.
Nedgis, in its own right, is dependent on the quality of the Internet network and cannot guarantee the continuity of an Internet connection to Internet Site users, nor can Nedgis assure the correction of any lack of access encountered. Therefore, Nedgis cannot be held liable for any interruptions or lack of access to the Internet Site (server, telephone or other form of access malfunction) during user visits to the Internet Site, including general network breakdowns. Furthermore and for the same reasons, Nedgis cannot be held responsible for any forms sent to a wrong or incomplete address or any other computer errors or abnormalities visible on the Internet Site.
11.5. Unless expressly stated otherwise, the Internet Site can be accessed from all locations within the limitation of technical requirements, notably with regards to Internet access, cell phones and the compatibility of Customer technical material.
As the scope of the Internet is worldwide, the Customer is expected to be aware of and comply with Internet regulations and demonstrate the proper public behavior applicable in his/her country while visiting the Internet Site.
ARTICLE 12 - ELECTRONIC FILES - PROTECTION OF PERSONAL DATA
12.1. Stored data In order to complete all Orders, Nedgis must process certain personal data concerning the Customer, notably as required on the Internet Site during the purchasing process. Nedgis does store Customer personal information that has been gathered during this process as well as during other Customer procedures such as creating an account, signing up for automatic electronic alerts from Nedgis (newsletters, promotions, etc.) or participating in contests or polls.
12.2. Conserve/ Convey Customer information Nedgis pledges to maintain the confidentiality of all personal data supplied by Customers on the Internet Site in accordance with the data protection legislation dated 6 January 1978, amended on 6 August 2004 and in effect at this time. The data base accumulated by Nedgis has been declared at the CNIL (National Commission for Computing and Liberties -France) in compliance with the data protection act.
Nedgis pledges to not disclose personal data without the expressed authorization of the Customer, excepting under particular circumstances. This allows Nedgis to transmit your personal data as required for processing Orders or deliveries by a third party service, to after-sales service or satisfaction surveys. Furthermore, Nedgis may be demanded to convey personal information in the case of administrative or judicial order.
12.3. Processing liability The processing of personal information as gathered from Customers by Nedgis falls under the exclusive responsibility of Nedgis.
12.4 Right to access and rectify Customers have the right to access, modify, rectify and delete all their personal information (data protection act of 6 January 1978). The customer can exert his/her right by either modifying personal data in “My Account” or by emailing Nedgis (indicating email address, full name and address) : [email protected] or by postal service to the following address : Nedgis - Service Client – 40 rue du Vertbois, 75003 Paris, France.
Nedgis has allowed cookies from the following partners:
- Google Analytics: to know more about Google policies concerning personal data: https://www.google.com/intl/fr/policies/privacy/,
- Selected partners working with targeted advertising.
It is also possible to select those partners with whom you have confidence at this specialized cookie site: http://www.youronlinechoices.com/fr/
ARTICLE 13 - DISCONTINUATION - CANCELATION
The Customer can cancel his/her account at any moment on the Internet Site and also close it definitively. The Customer should send the request to Customer service.
If the Customer should default on payment or not uphold the contractual sales agreement, Nedgis maintains the right to discontinue Customer access to the Internet Site as well as other services offered by Nedgis. Depending on the gravity of Customer fault, Nedgis may proceed with the cancelation of the Customer account and may refuse all Orders placed by the Customer with whom there is a dispute.
ARTICLE 14 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Internet Site and all the elements such as sounds, images, photographs, videos, written texts, animations, programs, graphic charts, databases, software applications and any other related technology are protected by the code of Intellectual Property and belong to Nedgis or Nedgis affiliates.
The Nedgis trademark, as well as all trademarks, figurative or otherwise, and more generally all other trademarks, illustrations, images and logos, accessories or packaging, whether they are registered or not, are and continue to be the exclusive property of Nedgis, with the exception of the product visuals, trademarks and logos of the Product suppliers presented on the Internet Site.
Any full or partial reproduction, modification or use of these trademarks, illustrations, images and logos for any reason or for any form of reproduction without prior permission from Nedgis, is strictly forbidden.
Without prior agreement from Nedgis, all hypertext links to the Internet Site are strictly unauthorized. A Customer desiring a direct link to the homepage of the Internet Site from his/her own website is required to request authorization from Nedgis beforehand.
ARTICLE 15 - MISCELLANEOUS
15.1. Partially invalid In the event that one or more clauses of the Terms and Conditions of Sale are considered invalid or nonviable by the governing court, the remaining clauses will remain in full force and effect.
15.2. Proof Computerized records stored in the computer systems of Nedgis under reasonable and secure conditions will be considered proof of exchange, order and payment made via the Internet Site or email, unless the Customer can prove otherwise.
It is expressly agreed that Nedgis and the Customer will communicate by means of electronic communication or by telephone; the phone number is listed on the Internet Site.
Nedgis and the Customer agree that email exchanges define the subject matter and the extent of authorized exchanges, and in some cases uphold Customer liability, notably when placing and validating Orders.
15.3. Conservation and archiving Contractual documents are archived on a reliable, durable medium corresponding to a true and enduring copy, and can be presented when proof is requested.
15.4. Waivers If Nedgis does not exert any of its rights outlined in the Terms and Conditions of Sale, this does not amount to a waiver of any privilege attached to the document, now or in a future period of time. Such waivers can only become effective when expressly declared.
15.5. Force majeure If Nedgis is unable to meet a part or all of its obligations, notably during the delivery process, due to unforeseeable circumstances or force majeure, the Customer transaction will be suspended.
This includes, but is not limited to, war, riots, rebellions, social disturbances or strikes of any nature.
Nedgis undertakes to inform its Customers in the case of unforeseeable circumstances or force majeure within seven days of the initial incident. If the suspension extends beyond fifteen days, the Customer has the possibility to cancel the existing Order, and Nedgis will proceed with the refund of the Product price as well as any paid shipping costs.
ARTICLE 16 - DISCONTINUATION - CANCELATION
The Terms and Conditions of Sale are subject to French law in effect. Only the French version of the Terms and Conditions of Sale will prevail.
If difficulty arises during the Order, during the delivery process of the purchased Products, or in a more general manner during the entire purchasing process, the Customer, prior to all legal action, will have the possibility to seek an amicable solution, notably with the assistance of a consumer group or any other counsel of his/her choice.
All legal contentions may result in the interpretation or compliance with the Terms and Conditions of Sale if the case is brought before the governing courts.
The Terms and Conditions of Sale are applicable to all Internet Site user relations even when no Order has been placed, in accordance with Articles 11-15.
V.1.3 – As of 29/07/2019