November 27, 2017
These General Terms and Conditions of Sale are concluded between, on the one hand, the company NEJMA, a public limited company with a capital of CHF 100,000, registered in the Bas-Valais Trade Register under number 113.271.879, whose registered office is located at Place de l 'Eglise 2, 1870 Monthey, Switzerland (hereinafter "NEJMA") and on the other hand individuals wishing to make a purchase via the website http://www.koeptys.com or its derived addresses (hereinafter " the Site ”), hereinafter referred to as the“ Consumer ”.
The Site allows NEJMA to offer for sale to natural persons browsing the Site products of the KoEptYs brand (hereinafter referred to as the “Products”).
For the application of the present, it is agreed that the Consumer and NEJMA will be collectively designated by the “Parties” and individually designated by “Party”.
It is specified that the Products are intended exclusively for the personal use of the Consumer. As such, the consumer's attention is particularly drawn to the fact that the same user can only order a maximum of three (3) Products of the same reference.
By ordering a Product on the Site, the Consumer acknowledges having read these General Conditions of Sale and accepted them without restriction. This acceptance is in no way conditioned by a handwritten signature from the Consumer.
It is specified that the Consumer can save or print these General Conditions of Sale, provided however that they do not modify them.
Any special condition contained in particular in documents from the Consumer (including the order) cannot prevail over these General Conditions of Sale without the prior express written consent of NEJMA.
ARTICLE 1: OBJECT
These General Conditions of Sale define the terms of sale of KoEptYs Products by NEJMA to the Consumer, as well as the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.
They determine all the steps necessary for placing the order and ensure the follow-up of this order between the Parties.
ARTICLE 2: PRODUCTS
2.1. PRODUCT DESCRIPTION:
NEJMA presents on the Site the KoEptYs Products for sale as well as their descriptions, in Product sheets.
NEJMA will make its best efforts to ensure that the photos of the Products whose photos are displayed on the Site are faithful to the original products. However, NEJMA does not master the technical limitations of color rendering of the consumer's computer equipment, NEJMA cannot be held responsible for the inaccuracy of the photographs appearing on the Site.
Perfumes should not be applied to recently shaved skin.
2.2.1. The KoEptYs Products offered for sale by NEJMA are those which appear on the Site, on the day of consultation of the Site by the Consumer and within the limits of available stocks.
2.2.2. In the event of unavailability of a Product, NEJMA will inform the Consumer as soon as possible by email of the delivery of a partial order or of the cancellation of his order.
This information may be provided when placing the order or following confirmation of the order before delivery. The Consumer will then have 48 working hours (excluding weekends and public holidays) to request the cancellation or sending under special conditions (partial delivery) of his order, by contacting Customer Service. via the Contact page. After this 48 hour period, and if no request from the Consumer was sent to NEJMA, the partial order will be shipped for delivery to the Consumer.
If the Consumer's bank account has already been debited at the time of the aforementioned information to the Consumer, NEJMA undertakes to reimburse the Consumer as soon as possible the price of the unavailable Product (s). ) to the bank account debited when ordering.
In the event of a request by the Consumer to cancel their entire order, NEJMA undertakes to reimburse the Consumer for the sums paid within thirty (14) working days (excluding weekends and public holidays) after their withdrawal. .
2.2.3. At any time, NEJMA reserves the right to modify or no longer market the KoEptYs Products offered on the Site, these modifications having no impact on the orders that NEJMA will have accepted before the entry into force of these modifications. .
2.3.1. All prices are indicated in euros. The applicable prices are those indicated on the Site when the Consumer places his order, except for typographical errors. These prices are inclusive of all taxes, with the exception of costs and duties related to transport which will be invoiced in addition, and which will be indicated specifically on the order summary and the order confirmation email and added to the total price. of the order. The total price indicated on the order summary and the order confirmation email will represent the total amount that will be invoiced, all duties or taxes and costs included.
Prices are subject to French VAT and any change in the legal rate of this VAT will be reflected in the price of the Products presented on the Site, on the date stipulated by the relevant implementing decree.
In the event that the Consumer uses a bank card attached to an account located outside the Euro zone, the Consumer may be charged by his bank exchange fees and bank commission which will remain the responsibility of the Consumer.
2.3.2. At any time and without notice, NEJMA reserves the right to modify its prices. However, these modifications will not affect the orders that NEJMA will have accepted before the entry into force of these modifications, subject to the availability of the Products ordered.
ARTICLE 3: ORDER
3.1. ORDER TERMS:
By browsing the Site, the Consumer has the opportunity to learn about the different KoEptYs Products offered for sale on the day of viewing the Site.
Browsing the various pages of the Site does not in any way commit the Consumer under an order.
While browsing the Site, the Consumer wishing to place an order can do so by simply clicking on the “Add to basket” button, which appears below each Product viewed.
As soon as this operation has been carried out, the Consumer will be offered to "See the basket", then displaying a summary on the right of the screen. This summary includes all the elements of the order and in particular the total amount, the nature of the Products. ordered and their quantity. The Consumer can go back to this order, complete it, modify it, cancel it as long as he has not validated it, simply by clicking on the cross at the top right of the summary (or on the left of the summary), being assured that the Product (s) he has just selected is / are well preserved in the "Basket" section.
The Consumer is informed that he has at any time during the order process, namely until the actual payment of the latter under the conditions provided for in article 4, the possibility of returning to this order, supplementing it or modifying it. , cancel it, and this as long as it has not validated it definitively.
Once the selection of the Products is complete, the Consumer can order them from his basket by clicking on the "Proceed to payment" button. The Consumer will therefore be invited in a new screen to provide his contact details by accurately filling in the form made available to him. In particular, he undertakes to indicate an address to which delivery can be made during working hours from Monday to Friday for mainland France, as well as his name (s), first name (s) and e-mail address.
On the right side of the screen, an order summary contains all the information relating to this order, namely the nature, quantity and price of the Products.
After entering their contact details, the Consumer will be invited:
- to click on the button "Choose the mode of delivery" in order to finalize the entry of the information related to his order then to click on "Continue towards the method of payment" in order to proceed to the payment, under the conditions of article 4 of the these General Conditions of Sale,
- to click on the text "Return to basket" in order to modify the characteristics of his order.
Before clicking on the "Place my order" button during the ordering process, the Consumer must first read these General Terms and Conditions of Sale, then secondly, tick a box opposite the message. "I declare that I have read and fully and unreservedly accept the General Conditions of Sale".
Once these General Conditions of Sale have been accepted and the "Place my order" button clicked, an order registration confirmation page will be displayed.
The data recorded by NEJMA constitute proof of all transactions between NEJMA and the Consumer.
3.2. ORDER CONFIRMATION :
3.2.1. Once the order has been confirmed and its payment validated in accordance with the terms set out in article 4 below (supply of the bank card number, its expiration date and, if applicable, the visual cryptogram), a confirmation message from the Consumer's order will be displayed and will mention in particular the references of the order.
The Consumer is also informed that an email confirming his order will be sent to him by NEJMA as soon as possible. The Consumer is deemed to have read this confirmation within fifteen (15) minutes of sending it by NEJMA.
This order confirmation email sent by NEJMA will include the following information:
- the order number determined by NEJMA at the time of the order by the Consumer,
- the summary of the order (description of the Product (s) ordered, quantity, price),
- the total amount of the order, all taxes included,
- shipping charges,
- confirmation of payment,
- the conditions and procedures for exercising the right of withdrawal, in accordance with the provisions of Articles L.121-20 of the French Consumer Code,
- the terms relating to the delivery of the Product (s) ordered (expected shipping time - 30 days maximum from the validation of the order).
3.2.2. NEJMA retains ownership of the Product (s) ordered until full payment of the price and its accessories, including shipping costs.
3.2.3. In order to protect NEJMA from abusive practices operated by fraudsters, in the event that NEJMA suspects the fraudulent nature of an order, NEJMA reserves the right to ask the Consumer for additional documents (proof of address and debit in the name of the Consumer, photocopy of the consumer's identity card, photocopy of the consumer's bank card, etc.) in order to verify that it is not fraudulent.
In the absence of a response from the Consumer within fifteen (15) days of sending the request by NEJMA, the order will be canceled and NEJMA will proceed as soon as possible to refund it to the bank account. debited when ordering.
3.3. PROOF OF ORDER:
In general, it is provided by express agreement between NEJMA and the Consumer that e-mails will prevail between the Parties as well as the automatic registration systems used on the Site, in particular as to the nature and date of the order. .
The Consumer can access, if necessary in accordance with the rules of common law, the electronic contract concluded between the Consumer and NEJMA. To do this, they contact Customer Service. via the Contact page, to which he will provide all the information necessary to do so, in particular the order number and contact details.
ARTICLE 4: PAYMENT:
4.1. Payment must be made immediately on the Internet when ordering in euros exclusively by credit card (CB, Visa, Mastercard), to the exclusion of any other means of payment.
4.2. NEJMA reserves the right to refuse any order or any delivery in the event of exceeding the ceilings indicated in the preamble hereof, of an existing dispute with the Consumer, of total or partial non-payment of a previous order by the Consumer, of refusal of 'authorization of payment by bank card from banking organizations, non-payment or partial payment.
4.3. The Consumer guarantees NEJMA that he has the necessary authorizations to use the payment method chosen at the time of validation of the order. In case of refusal by the bank, the order will be automatically canceled and the Consumer notified by sending an email.
4.4. NEJMA uses the Stripe secure payment platform and guarantees the Consumer that he never has access to confidential information relating to the means of payment used by the latter to pay for his order. Only Stripe remains in possession of this information.
ARTICLE 5: DELIVERY AND RECEPTION
5.1. DELIVERY TERMS:
Once the order has been prepared, it will be sent to the postal address provided by the Consumer when ordering.
Products ordered according to the Consumer's specifications will be delivered to the delivery address indicated in the delivery note.
The Products are delivered by La Poste in mainland France. In the absence of the Consumer, the Products deposited at the Post office on which the delivery address mentioned by the Consumer depends. A calling card is then left in the Consumer's letterbox allowing the parcel to be collected during working hours from the post office within fifteen days.
As delivery is provided by a third-party service provider, the Consumer is informed that NEJMA cannot be held liable in any way if the non-performance or poor performance of this obligation is attributable to the Consumer or to the unforeseeable or insurmountable fact of a third party to the contract or to a case of force majeure.
The amount of shipping costs is € 9, excluding the promotional offer for free of these costs.
The Products purchased will be sent by the usual postal services which undertake to deliver the packages within the following average times: 2 to 5 working days from dispatch for delivery in mainland France.
Sundays and public holidays are not considered to be working days.
In any event, and in accordance with the provisions of Article L. 121-20-3 of the French Consumer Code, the order will be executed within a maximum period of thirty (30) days from the day following that on which the Consumer has sent his order, subject to full payment of the price.
In the absence of delivery at the end of this period, the Consumer will have the possibility of canceling his order under the conditions provided for in Article 5.3 below. The sums paid by the Consumer will then be returned to him, to the exclusion of any other compensation.
5.3. LATE DELIVERY :
If the maximum delivery time of thirty (30) days is exceeded and the Product (s) ordered have not yet been shipped, the Consumer may exercise his right to terminate the order. , by contacting Customer Service via the Contact page.
As from the exercise of the right of denunciation, NEJMA makes a refund, on the bank account debited during the order, within a maximum period of fourteen (14) working days (excluding weekends and public holidays), at the exclusion of any other compensation.
In the event of partial delivery, delivery may be made in several installments, and this right will only concern the undelivered balance of the order.
Any delay in delivery must be reported as quickly as possible by the Consumer by contacting Customer Service. via the Contact page, so that NEJMA can have an investigation carried out with the delivery service.
The Consumer must be informed that the duration of a survey is random, NEJMA not controlling its implementation. If during this investigation, the package is found, it will be immediately forwarded to the delivery location designated in the delivery note.
However, if at the end of this investigation the loss of the package containing the Product (s) was confirmed, NEJMA will, at its expense, reship the Product (s) to the Consumer or in the event of unavailability. definitively, will reimburse, to the bank account debited when ordering, the Consumer for the sums collected in accordance with the terms of these General Terms and Conditions of Sale.
Each delivery is deemed to have been made as soon as the Product (s) is made available to the Consumer by the carrier, as evidenced by the control system used by this carrier.
It is up to the Consumer to check immediately upon receipt of the Product (s) the conformity and integrity of the Product (s) shipped.
In the event of delay, breakage or missing, the Consumer must make full and precise reservations on the delivery slip. In any event, the Consumer can only exercise his recourse against the carrier to whom he must formulate his reservations. In accordance with article L.133-3 of the French Commercial Code, any reservation must be confirmed by registered letter to the carrier within three (3) days of receipt.
Any such reservation must also be notified to NEJMA Customer Service within the same timeframe. via the Contact page. A copy of the complaint addressed to the carrier must be attached.
Any complaint made after this deadline or without respecting the required form will be rejected and NEJMA will be released from any liability.
ARTICLE 6: RIGHT OF WITHDRAWAL AND RIGHT OF RETURN
6.1. In accordance with the provisions of article L.121-20 of the French Consumer Code, the Consumer has a cooling-off period of fourteen (14) working days (excluding weekends and public holidays), from the day of delivery of the order, to return the Product (s) ordered which does not give satisfaction.
The Product (s) must be returned complete (s), in perfect condition (the product must not have been used) and in their original packaging accompanied by the delivery slip. , the invoice and an accompanying letter to the following address:
NEJMA / SUNTRANS
72, route de Grenoble
NEJMA undertakes to reimburse the consumer for the totality of the sums paid. The consumer only bears the direct costs of returning the goods. The refund is made to the account debited when ordering, within a maximum period of fourteen (14) working days (excluding weekends and public holidays), after the exercise of the right of withdrawal by the consumer, subject to the compliance with the above-mentioned conditions.
6.2. In addition, for any non-conforming Product, the Consumer must contact Customer Service. via the Contact page. Customer Service will then inform the Consumer of the procedure to follow.
The Products must be returned in their original packaging and packaging with a copy of the invoice.
NEJMA does not accept packages sent postage due.
Any risk associated with the return of the Product (s) is the responsibility of the Consumer.
Upon receipt of the presumed non-conforming Product (s), NEJMA will carry out an inspection of the Product (s) as quickly as possible. If the non-conforming nature of the Product (s) was confirmed, NEJMA will then refund, to the bank account debited when ordering, the non-conforming Product (s) within thirty (30) days after receipt of the non-conforming Product (s).
ARTICLE 7: RIGHT OF CONFORMITY AND GUARANTEE
NEJMA as a professional seller guarantees that the KoEptYs Products comply with the intended use, and do not present any defects or hidden defects making them dangerous or unfit for their normal use.
In the event of Product (s) not conforming to the information given during the presentation of the Product (s) on the Site, and in accordance with Article L.211-5 of the French Consumer Code, or if these Products present hidden defects referred to in article 1641 of the French Civil Code, they will be reimbursed to the Consumer.
NEJMA undertakes to reimburse the Consumer within a maximum period of fourteen (14) working days (excluding weekends and public holidays), subject to compliance with the conditions mentioned above.
In the event that the Consumer receives non-compliant Product (s) or contains a hidden defect, the provisions of article 6.2 above will apply.
ARTICLE 8: RESPONSIBILITY
NEJMA cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
Without limiting the scope of the foregoing provisions, NEJMA's liability hereunder may not exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability, whatever the cause or form of the liability. action concerned.
NEJMA is not responsible for any breach of its obligations, as defined herein, resulting from a case of force majeure.
ARTICLE 9: LEGAL NOTICE AND LEGAL CLAUSES
9.1. COMPUTING AND FREEDOM :
The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential, it will only be used by NEJMA or its subcontractors, subject to the same obligations, for the processing of orders made. The lack of information results in the automatic rejection of the order.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal information collected on the Site has been declared to the National Commission for 'Computing and Freedoms. The Consumer has the right to access, modify, rectify and delete personal information collected by NEJMA concerning him.
To exercise this right, the Consumer can contact Customer Service via the Contact page. NEJMA undertakes not to resell the Consumer's contact details to third-party companies without their prior consent.
The Consumer may receive e-mails from NEJMA with information on NEJMA's products and activities. The Consumer retains the right to refuse a posteriori such communication either by not giving his consent at the time of the validation of the order, or by expressing his refusal by email.
9.2. FORCE MAJEURE:
No Party may be held responsible for the total or partial non-performance of its obligations, if this non-performance is due to the fortuitous event or the occurrence of an element constituting force majeure such as in particular, and without this list either limiting, flood, fire, storm, lack of raw materials, transport strike, partial or total strike, or lockout. The Party having been affected by such events must inform the other party as soon as possible and at the latest within five (5) working days of the occurrence of this event.
The Parties agree that they must consult each other as soon as possible in order to jointly determine the terms of execution of the order for the duration of the case of force majeure.
If the case of force majeure lasts longer than one (1) month, NEJMA may not honor the order, with NEJMA responsible for reimbursing the Consumer, if applicable, for the sums paid by him for the order concerned. .
9.3. MODIFICATION OF THE GENERAL CONDITIONS OF SALE:
NEJMA reserves the right to modify these General Conditions of Sale. Any new version of these will be posted on the Site.
The online version on the Site will prevail, where applicable, over any other version of these General Terms and Conditions of Sale.
9.4. APPLICABLE LAW - DISPUTES:
The law applicable to these General Conditions of Sale and to the related orders is French law.
Any dispute which may arise on the occasion of their validity, interpretation or execution and which has not been settled amicably by the Parties, will be submitted to the courts within the jurisdiction of Paris or to the courts whose jurisdiction will be determined by application of common law.