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© 2018 by Nokalune

Updated on 20 January 2019

General terms and conditions of sale

The Company lets the Customer discover our applicable General Sales Conditions, the Customer will find all the information to proceed with your order on our website.

Preamble

www.nokalune.com is a website published by the micro company Etienne LEGRAND and whose head office is located at 3 chemin du prieuré 63140 CHATELGUYON - FRANCE.

The purpose of these General Terms and Conditions of Sale (hereinafter referred to as the "GTC") is to define the conditions under which sales of products offered by Etienne Legrand (hereinafter referred to as the "Company") are made on www.nokalune.com (hereinafter referred to as the "Website").

The Company is registered in the Clermont-Ferrand Trade and Companies Register under number SIREN 801 839 663.

The company with a microenterprise scheme is exempt from VAT.

NOKALUNE is a registered trademark at the National Institute of Industrial Property (I.N.P.I) under number 4482374.

The content of the Website is the property of the Seller and its partners. As such, it is strictly reserved for copyright and intellectual property rights by their owners and for the whole world.

Consequently, any unauthorized reproduction, imitation or representation, in whole or in part, of these trademarks, logos, distinctive signs and contents constitutes a violation of copyright punishable by civil and criminal proceedings.

 

Any order placed by a Customer implies the formation of a distance selling contract resulting in the irrevocable acceptance of the General Terms and Conditions by the Customer.

Any person who has placed and paid for an order is considered a Customer, within the meaning of the GTC. Any person who does not meet this definition is not entitled to invoke the GTC against the Company. It is therefore understood that an order placed by a Client on behalf of a third party is subject to the legal relationships defined in the GTC between the Client and the Company, without recourse by third parties against the latter.

The Customer who places an order on the Website must meet the following conditions:

  • He has the legal capacity to contract

  • He does not buy the products and then resell them professionally

  • He is fully entitled to use the payment card or any other means of payment for the payment of his order and in particular has the necessary authorisations to use this method of payment during the validation of the order.

These GTC are written in French. Only this version is binding between the Company and its Customers. The Company reserves the right to modify these General Terms and Conditions at any time and without notice. Each new version of the GTC is applicable as from its publication on the Website, for orders placed after this publication.

If necessary, the GTC may be supplemented by specific specific conditions which are indicated on the Website.

How to place an order

For any first order, the Customer must first create a Customer account. As part of this registration, the latter enters two identifiers: email address and password.

NOTE: Your login details are personal and must remain confidential. You are responsible for their use.

If necessary, You may inform the Company in writing of any use of these identifiers made without your knowledge so that the Company can deactivate them. This contact can be made from the Contact page of the Website in the "Account Information" section, as well as via the email address "contact@nokalune.fr".

The Customer places his order on the Website by first selecting the desired products by clicking on "Add to Cart".

At the end of the purchase process, after validating the delivery method among the options offered by the Website, and after having verified the content of its "Basket" and, if necessary, having modified it, by clicking on the "Validate" button, the Customer declares that he fully and unconditionally accepts all the present GTC.

The order is only final once the payment has been validated. The Company confirms in real time on its Website that the payment has been received and therefore that the order is final. The Company will then be committed to prepare and ship the products as soon as your order has been definitively validated.

In the event of non-compliance by the Customer with the obligations entered into under these GTCs, and in particular with any problem relating to the payment of the price of an order, the Website may cancel the order and suspend access to the Website service.

Product prices

"Products": these are the products that the Customer can order through the Website.

The indicated selling prices are prices inclusive of all taxes in force on the day of placing your order but do not include shipping costs. Shipping costs will be indicated on the Website, during the purchasing process, before the final validation of the order.

The prices displayed on the Website are indicated in Euros (€). The Website allow international shipping.

In addition to the prices displayed on the Website, shipping costs may be added according to the following rules:

  • Standard delivery by Colissimo Suivie (usually within 48 hours) for all orders sent according to a defined weight (less than 100 g): 2.50 € TTC and less than or equal to 48.99 € TTC.

  • Standard delivery by Colissimo Suivie (usually within 48 hours) for all orders sent according to a defined weight (less than 250 g): 4.50 € including tax and less than or equal to 48.99 € including tax.

  • Standard delivery by Colissimo (usually within 48 hours): 6,55 € TTC for all orders less than or equal to 48,99 € TTC

  • Delivery by carrier for all furniture.

  • International delivery (usually 6 days without furniture) : 12,50 € TTC for all orders less than or equal to 120,00 € TTC

  • Customer withdrawal (on appointment): Free of charge

  • Shipping costs are offered to the Customer in the following case:

  • For any order over €48.99 including VAT excluding international.

 

The Company will endeavour to ensure that the reference price indicated is appropriate. If the reference price has varied, the Company will endeavour to give as the reference price the selling price recommended by the lowest supplier. It is understood that this reference price may not take into account any discounted or discounted prices.

Product Compliance and Availability

The Company undertakes to regularly update the availability of the Products. However, it is possible that Products displayed as available may not be available at the time of ordering.

If for any reason whatsoever, the product or service ordered is unavailable, the Customer will be informed by e-mail of the delivery of a partial order or the cancellation of his order.

In accordance with the provisions of Article L. 121-20-3 of the French Consumer Code, in the event of unavailability of the Product, the Customer shall then have the option:

  • To be delivered with a product or service identical to the one ordered, within the limits of available stocks.

  • To be refunded the price of the product or service ordered within 15 days of his request.

Upon receipt of the order. It is essential that the Customer checks the condition of the package(s) as well as the nature, quantity and conformity of the Products delivered with regard to his order.

This check must be carried out in the presence of the carrier or La Poste's agent.

 

The Customer will thus carry out all the necessary examinations to detect any damage, missing or non-compliant products.

The Customer shall also check the condition of the packaging, the number of packages and the Products in their quantities, references, conditions and characteristics.

The signature of the delivery note and/or the transport slip is equivalent to delivery of the Products ordered by the Customer.

In case of damage or deterioration and in case of non-conformity of the delivered Product. The Customer shall express all relevant reservations on the delivery note and/or transport slip in a precise and reasoned manner.

 
Right of withdrawal, return, exchange

The Customer may return the Product(s) to the Company in accordance with the following procedure:

 

Upon receipt of the package and within 14 days in accordance with the provisions of Articles L. 221-16 et seq. of the french Consumer Code. When the fourteen (14) day period expires on a Saturday, Sunday or statutory or non-working day, it is extended to the next business day. You can contact us to organize the return of one or more Products. To do so, you can contact us via the form on the Website under the Contact tab: "Right of withdrawal, return and exchange". 

 

In accordance with article L.221-23 of french the Consumer Code, the right is exercised by returning the Product, only the shipping costs remain the responsibility of the Customer.

 

In the context of a return request in the event of non-compliance of the Product, the return delivery costs and any reshipment are offered by the Company. The Company will send you by e-mail a prepaid label that will allow you to return the Product(s) concerned to us, without advancing any shipping costs. From abroad, the return costs are the responsibility of the Customer.

Use a standard parcel from the Post Office, or reuse the cardboard with which the Product was delivered to you. The returned Products must be packed in their original packaging, without having been worn, used or damaged. Attach the printed label to your package, the address of our Returns Department is indicated on it.


All returned products (product, original packaging, accessories, instructions...) must be returned perfectly intact. Upon receipt of the package, the company will judge the perfect condition of the returned merchandise. No returns will be accepted if the returned products have been visibly used or damaged by the Customer and such use or damage renders the products unfit for sale. If the return is refused by the Company, the Products will then be returned to the Customer at the Company's expense without the Customer being able to claim any compensation or right to reimbursement.
In the event of a return for non-compliance, the Client may request the Company to:

  • To be delivered with a product identical to the one ordered, within the limits of available stocks

  • To be refunded the price of the product ordered within 14 days of the Customer's request

 

The Customer has a period of 14 days from receipt of the order during which he may return the corresponding product to the Company, without having to justify his reasons or pay any penalties, the return costs being borne by the Customer.  At the end of this period, the right of withdrawal becomes irrevocably null and void.

The Company will reimburse the Client for the amount equal to the price of the product that was the subject of the retraction.

 

To exercise this right, the Customer must go to the Contact page of the Website and use the contact form, choose the subject "Right of withdrawal, return and exchange" or via the e-mail address "contact@nokalune.fr", indicating in the subject line Right of withdrawal, return and exchange.

He must indicate his intention of retraction by specifying:

Name of the Customer / Order number / Date of receipt of the order / Returned product(s).

 

Product return address :

NOKALUNE

3 chemin du Prieuré

63140 CHATELGUYON.

The Customer who exercises his right of withdrawal must be able to provide proof of the reshipment of the goods. This proof will be made by the presentation of a receipt of sending by registered mail (For example "Colissimo suivi"). No other form of evidence will be accepted.

It is understood that the Products must be returned intact, clean and complete (i.e. in perfect condition for resale, not modified or assembled in contradiction with the manufacturer's recommendations and not disassembled), accompanied by any instructions and accessories (batteries, chargers, cables, etc.).

 

The Customer may not exercise the right of withdrawal in the event of supply of Products made to your specifications or clearly personalised, in accordance with the provisions of Article L.221-28 of the french Consumer Code.

 

The right of withdrawal may also not be exercised if the returned Product is unfit for sale.

 

The Customer will be reimbursed by the same means of payment as the one used for the initial transaction. Unless expressly agreed by the Client.

Payment and security

Payment for purchases is made by credit card, PayPal account, bank transfer, cheque or cash. In the case of payment by credit card, the accepted cards are: CB, Visa and MasterCard.

 

Purchases are debited to the Customer's account when the order is processed.

 

For any payment by cash, bank transfer, or cheque, the order is sent once the payment has been received.

 

In accordance with regulations and in order to guarantee the security and confidentiality of its Customers' information, the Company does not store banking details.

 

The Company uses all necessary means to ensure the security and confidentiality of data transmitted online. To this end, the Website uses a secure TLS (Transport Layer Security) payment method that encrypts your bank details when they are transmitted over the network. This protects all of the Client's online financial transactions.

 

The Company reserves the right to suspend all order processing and delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. In particular, the Company reserves the right to refuse to make a delivery or to honour an order from a Customer who has not fully or only partially settled a previous order or with whom a payment dispute is being administered.

 

The Customer must guarantee that he is fully entitled to use the payment card or other means of payment in order to pay for his order. In this context, the Company may reserve the right to request proof from the Client in order to validate its identity. The order will be validated only after verification of the information received.

 

The invoice will be prepared online and sent by e-mail. The original will remain in the Customer's account.

Shipping detail
 

Delivery service:

The Products are delivered to the address indicated by the Customer when ordering. The Company cannot be held responsible for any input errors. The costs incurred for the reshipment of the order will be borne by the Customer. The company may not be held liable for delays in delivery due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike, in particular by postal services and means of transport).

Delivery area :

The products are delivered only in the Metropolitan France geographical area, the Company is authorized to send the products ordered by the Customer to the French overseas departments and territories and the rest of the world.

Shipping time :

The Company makes every effort to process and ship orders the same day for any order placed before 11am. The average preparation time is 1 to 2 working days.

The Company sends each Customer an e-mail notification of the shipment of the order including, among other information, the terms and address of delivery, as well as the parcel number for shipments via Colissimo. Provided that the e-mail address indicated in the form is correct.

Delivery time :

Delivery times depend on the chosen delivery choice. Shipping costs are calculated according to the delivery information entered by the Customer before the final validation of the order. Delivery times are announced in working days.

 

Means of delivery :

Standard delivery by Colissimo (usually within 48 hours):

This delivery method allows the Customer to receive his package within 48 hours from the date of shipment thanks to the Post Office and the Colissimo service (excluding processing and preparation time of the order which can take 1 to 2 days). Deliveries are made from Monday to Saturday morning, except on public holidays.
In the event of absence during delivery, a delivery notice is left at the delivery address indicated by the Customer, which allows the latter to collect his package at the nearest post office. Packages are kept pending at the Post Office for 15 calendar days. In the event of failure to collect within the time limits set by the carrier, the products will be returned to our Company, which reserves the right to refund the price of the products, the shipping costs remaining at the expense of the Customer.

 

Delivery by Carrier (20 working days):

This method of delivery is required for all furniture sold on the Website. The processing and delivery times for the order are 20 working days.

The carrier will make an appointment with you to ensure your presence at the time of delivery.

For deliveries on pallets (bulky products), this will be done on the ground floor.

In case of impossibility of delivery of the package, it will be returned to our warehouses. The shipping costs will then be borne by the Customer. 

 

Customer withdrawal (under appointment booking):
This delivery method allows the Customer to collect his package at our Company's address.

Nokalune

3 chemin du prieuré

63140 CHATELGUYON.

It is mandatory to make an appointment, by sending us the desired date to the email address "contact@nokalune.fr".

The Client may also make this appointment from the Website on the Contact page by completing the form by selecting the "Appointment booking" tab.

Delivery rate

  • Standard delivery by Colissimo Suivie (usually within 48 hours) for all orders sent according to a defined weight (less than 100 g): 2.50 € TTC and less than or equal to 48.99 € TTC.

  • Standard delivery by Colissimo Suivie (usually within 48 hours) for all orders sent according to a defined weight (less than 250 g): 4.50 € including tax and less than or equal to 48.99 € including tax.

  • Standard delivery by Colissimo (usually within 48 hours): 6,55 € TTC for all orders less than or equal to 48,99 € TTC

  • International delivery (usually 6 days without furniture) : 12,50 € TTC for all orders less than or equal to 120,00 € TTC

  • Delivery by carrier for all furniture.

  • Customer withdrawal (on appointment): Free of charge

  • Shipping costs are offered to the Customer in the following case:

  • For any order over €48.99 including VAT excluding international shipping.

 

Damaged packages

The package must be checked by the customer in front of the carrier and takes the necessary reserves on the delivery slip. In the absence of any reservation, the product is deemed to have been accepted by the Customer and may not be the subject of any dispute concerning its delivery.

In the case of findings of a damaged package, or if an anomaly is noted, the Customer must then refuse delivery of the package. And bring the mentions of this refusal on the delivery slip presented by the carrier, no complaint relating to the package can be accepted a posteriori.

The Client must inform the Company by e-mail as soon as possible, so that the Company can take the necessary measures as soon as possible. This contact can be made from the contact page of the Website in the section "Damaged packages", the contact can be made via the email address "contact@nokalune.fr" by indicating the following information:

Name of the Customer / Order number / Date of receipt of the order / Reason for refusal.

 

Upon receipt of the package refused by the Customer and after the Company has established that the deterioration of the goods is effective, the Company will exchange or refund the purchase and the transport costs incurred by the Customer.

Conditioning

The Company respects the shipping standards in force in order to have an optimal quality for the shipment of these packages. In the event of a product return, if the product returns damaged due to insufficient packaging quality, the Company may decide not to refund the product(s) only partially in the event that it is impossible to resell it in good condition.

Delay in delivery or failure to receive the package

The Customer must first contact the carrier in order to have the precise delivery tracking of the package. If necessary, the Customer may contact the Company in order to open a dispute and carry out a search for the package.

This contact can be made from the Internet Customer's contact page in the section "Delayed parcels or no receipt", the contact can be made via the email address "contact@nokalune.fr" by indicating the following information: Name of the Customer / Order number / Date of receipt of the order / Comment.

 

The time limits imposed by the carriers imply a declaration by the Client within 10 business days of receipt of the Company's shipping notice.

Any orders not received by the Customer within 3 weeks from the date of opening of the dispute, the order will be refunded in full to the Customer or the Customer may request the return of the same product at the Company's expense.

Garanties, Réclamation

Guarantees

The products offered under the Nokalune brand on the Website are subject to the legal guarantee of conformity (articles L. 217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the french Civil Code), allowing the Customer to return defective delivered products.

The Client is informed that the Company is not the manufacturer of the Products (other than the products entitled under the Nokalune brand) present on the Website, within the meaning of Law No. 98-389 of 19 May 1998 on liability for defective products.
Consequently, in the event of damage caused to a person or property by a defective product, only the manufacturer of the product may be held liable by the Customer, on the basis of the information on the packaging of the said product. The Company reminds that the information provided in no way substitutes for the constant vigilance of adults.


The Customer has a period of two years from the delivery of the goods to act as a legal guarantee of conformity, regardless of any commercial guarantee. In the event of non-conformity of the goods, he may choose between replacement or repair, unless the latter is manifestly excessive. Proof of the existence of the lack of conformity shall not be required within 24 months of delivery of the goods. If the consumer implements the guarantee against hidden defects (article 1641 of the french Civil Code), he can choose between cancelling the sale or reducing the sale price (article 1644 of the french Civil Code).

 

Complaints, Disputes

These GTC are subject to French law, unless otherwise required by mandatory provisions.

In the event of difficulties in the application of these General Terms and Conditions, the Client shall first contact the Company's customer service department.

Any complaint relating to an order must be submitted:


NOKALUNE
3 Chemin du Prieuré, 
63140
CHATELGUYON

ou par e-mail : « contact@nokalune.fr »

 

In the event of failure of the claim, the Client shall have the possibility, before any legal action, to seek an amicable solution in the settlement of any dispute that may arise during the performance of the contract by resorting to a consumer mediator under the conditions provided for in Title I of Book VI of the french Consumer Code.

The French courts shall have exclusive jurisdiction.

Responsibility

The Company may not be held liable in the event of non-performance or improper performance of the contract due either to the Customer's fault, or to the insurmountable and unforeseeable fault of a third party to the contract, or to a case of force majeure.

 

The Company cannot be held liable for damages relating to the use of the Internet network, such as a break in service, the presence of computer viruses, or redirection to malicious sites.

Force Majeure

Neither party shall have failed to fulfil its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure.


Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts.

Protection of personal data

The Company strictly applies the french law 78-17 of 6 January 1978 relating to "data processing, files and freedoms" as well as the ethical principles that result from it as regards the personal information that you may communicate to us in the context of an order placed on our Internet Site.

 

In accordance with the provisions of the French Data Protection Act of 6 January 1978, the Client has a full right of access, modification, rectification and deletion of personal data concerning him/her.


To exercise this right of access, the Customer may send an e-mail to the following address: "contact@nokalune.fr".

 

When the Client places his first order or registers, the Company will send an email to the Client proposing to subscribe to its newsletter.

The Customer may at any time modify his subscription through the hypertext link at the bottom of the newsletters received by e-mail.


The company undertakes to effectively take into account changes in subscriptions and unsubscriptions to commercial e-mails sent by it as soon as possible, depending on the processing required.

Intellectual Property

All content (web pages, images, script sources, etc.) is reserved under copyright and intellectual property law. The Client may not therefore distribute or reproduce the catalogue, in whole or in part, in any form whatsoever, without the prior express written authorization of the Company.

Other

These Conditions apply throughout the duration of the online availability of the services offered by the Company. They may be modified at any time by the Company. The applicable Conditions are those in force on the date of registration of the order.