Terms and Conditions of Sale

Effective 01/01/2024

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional purchasers ("the Customer") wishing to acquire the products offered for sale ("the Products") by the Vendor on the http://www.nideco.fr website.

The Products offered for sale on the site are the following: cosmetics, perfumery products, soaps, essential oils, hair lotions.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the http://www.nideco.fr site, which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to stock availability, as specified when the order is placed.
These General Terms and Conditions of Sale are accessible at all times on the http://www.nideco.fr website and shall prevail over any other document.

The customer declares that he/she has read and accepted these GTC by ticking the appropriate box before completing the online ordering procedure on the http://www.nideco.fr
website. In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the customer.

The Seller’s contact information is as follows:
NIDECO SAS
Share capital of 92,800 euros
Registered with the Marseille Trade and Companies Register (RCS) under number 853 663 219
3 rue Cernuschi, 75017 Paris, France
Email: hello@cheznide.co
Intra-Community VAT number FR34853663219

 

The Products presented on the http://www.nideco.fr website are offered for sale in the following territories: Metropolitan France (including Corsica).
In the event of an order to a country other than Metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated net of tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the Customer.

ARTICLE 2 - PRICES

Products are supplied at the current prices shown on the http://www.nideco.fr website, at the time the order is registered by the Vendor.
Prices are expressed in Euros, exclusive of tax and VAT.
Prices take into account any discounts granted by the Vendor on the http://www.nideco.fr website.
Prices are firm and non-revisable during their period of validity, but the Vendor reserves the right to modify prices at any time outside their period of validity.
Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 - ORDERS

It is the Customer's responsibility to select the Products he/she wishes to order on the http://www.nideco.fr website, according to the following procedures:
- The Customer selects the Product(s) he/she wishes to purchase.
- He/she checks and validates his/her shopping basket.
- He/she creates his/her own Customer Account.
- The Customer validates his/her purchase order, delivery address and billing address, and writes down any comments.
- The Customer chooses the carrier and shipping method from among the choices offered
- The Customer makes a secure online payment.
- The Customer receives an acknowledgement of receipt of the order in his/her own e-mail box
- The product(s) is/are delivered to the address indicated by the Customer.
- The Customer receives the invoice linked to his/her order.
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the http://www.nideco.fr site constitutes the formation of a distance contract between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may follow the progress of his order on the carrier's site.

ARTICLE 3 BIS - CUSTOMER AREA - ACCOUNT

To place an order, the Customer is asked to create an account (personal account).
To do so, the Customer must register by filling out the form provided at the time of ordering and agrees to provide truthful and accurate information regarding personal details and contact information, including an email address.
The Customer is responsible for keeping the information provided up to date. The Customer is advised that they may modify this information by logging into their account.
To access their personal account and order history, the Customer must log in using their username and password, which will be provided after registration and are strictly personal. As such, the Customer agrees not to disclose them to anyone. Otherwise, the Customer will remain solely responsible for any use made of them.
The Customer may also request to unsubscribe by visiting the dedicated page in their personal account or by sending an email to: hello@cheznide.co. This request will be processed within a reasonable timeframe.
In the event of non-compliance with the general terms and conditions of sale and/or use, the website http://www.nideco.fr reserves the right to suspend or even close a customer’s account after sending a formal notice via email that has gone unheeded.
Any account deletion, regardless of the reason, results in the complete and permanent deletion of all of the Customer’s personal information.
The Seller shall not be held liable for any event due to force majeure that results in a malfunction of the website or server, subject to any interruption or modification due to maintenance.
Creating an account constitutes acceptance of these General Terms and Conditions of Sale.

ARTICLE 4 - TERMS OF PAYMENT

The price is paid by secure payment, as follows:
- payment by credit card,
. The price is payable in full by the Customer on the day the order is placed.
. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the http://www website.nideco.fr
Payments made by the Customer will only be considered definitive once the amounts due have been received by the Vendor.
The Vendor will not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

ARTICLE 5 - DELIVERIES

Products ordered by the Customer will be delivered to mainland France or to the following area(s):
– Mainland France (including Corsica).
Deliveries are made within 1 to 5 business days to the address provided by the Customer when placing the order on the website.
For pre-ordered products, the Customer will be notified of the delivery time via email.
Delivery is deemed to have occurred upon the transfer to the Customer of physical possession or control of the Product. Except in special cases or if one or more Products are unavailable, the ordered Products will be delivered in a single shipment.
The Seller undertakes to use its best efforts to deliver the Products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for informational purposes only.
If the ordered Products have not been delivered within fifteen (15) days, the Customer may cancel the order within fifteen (15) days after the estimated delivery date; for any reason other than force majeure or the Customer’s fault, the sale may be rescinded upon the Customer’s written request under the conditions set forth in Articles L 216-2, L 216-3, and L 241-4 of the Consumer Code. Any amounts paid by the Customer will then be refunded no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deductions.
In the event of a specific request by the Customer regarding the packaging or shipping conditions for the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a separate, additional invoice based on a quote previously accepted in writing by the Customer.
The Customer is required to inspect the condition of the delivered products. The Customer has a period of 14 calendar days from the date of delivery to file a claim via email by sending a message to hello@cheznide.co, accompanied by all relevant supporting documentation (including, in particular, photographs). After this period has elapsed and if these formalities have not been followed, the Products will be deemed to be in conformity and free from any apparent defects, and no claim may be validly accepted by the Seller.
The Seller will refund or replace, as soon as possible and at its own expense, any delivered Products for which the Customer has duly proven non-conformity or apparent or hidden defects, under the conditions set forth in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these Terms and Conditions of Sale.
The transfer of the associated risks of loss and damage shall not take place until the Customer physically takes possession of the Products. The Products are therefore shipped at the Seller’s risk, except when the Customer has personally selected the carrier. In such cases, the risks are transferred upon delivery of the goods to the carrier.

ARTICLE 6 - TRANSFER OF OWNERSHIP

The transfer of ownership of the Seller's Products will only be made after full payment of the price by the latter, regardless of the date of delivery of the said Products.

ARTICLE 7 - RIGHT OF WITHDRAWAL

According to the terms of Article L221-18 of the Consumer Code "The consumer has a period of fourteen (14) days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4;
2° Of the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or part.
For contracts providing for regular delivery of goods over a defined period of time, the period shall run from receipt of the first good.
The right of withdrawal can be exercised using the withdrawal form, on plain paper and sent by e-mail. Any statement must be unambiguous and express the desire to withdraw. The Customer can also make his request by mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GTC.
The returns are to be made in their original state and complete (packaging, accessories, instructions...) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted.
The return costs are at the customer's expense.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

 

ARTICLE 8 - SELLER'S LIABILITY - GUARANTEES

The Products supplied by the Vendor benefit from :
- the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees

Article L217-4 of the Consumer Code
"The seller is required to deliver goods in conformity with the contract and is liable for defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility. "
Article L217-5 of the Consumer Code
"The goods are in conformity with the contract:
1° If they are fit for the purpose usually expected of similar goods and, if applicable :
- 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;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by 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 attention of the seller and accepted by the latter "
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Article 1641 of the Civil Code.
"The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them. "
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect."
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the date the goods in question are made available for repair, if this availability is subsequent to the request for intervention.
In order to assert his rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects from the date of their discovery.
The Seller will refund, replace or repair the Products or parts under warranty that are found to be non-conforming or defective.
Shipping charges will be refunded at the invoiced rate and return shipping charges will be refunded upon presentation of receipts.
Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 14 days (excluding holidays) of the finding by the Seller of the non-conformity or hidden defect. This refund can be made by bank transfer or check.
The responsibility of the Seller cannot be engaged in the following cases:
- non respect of the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the Product, of accident or force majeure.
- The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The guarantee of the Seller is, in any case, limited to the replacement or the refunding of the Products not in conformity or affected by a defect.

ARTICLE 9 - DATA PROCESSING AND LIBERTIES

In accordance with the French Data Protection Act 78-17 of January 6, 1978, we remind you that the personal data requested from the Customer is necessary for the processing of orders and the preparation of invoices, in particular.
This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website http://www.nideco.fr has been declared to the CNIL (French Data Protection Authority).
In accordance with current national and European regulations, customers have a permanent right to access, modify, rectify and object to information concerning them.
This right may be exercised in accordance with the procedures described in the "legal information" section of the http://www.nideco.fr website.

 

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the http://www.nideco.fr website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

The present GTC and the operations which result from it are governed and subjected to the French law.
The present GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 - DISPUTES

For any complaint, please contact the customer service department at the postal or e-mail address of the Seller indicated in ARTICLE 1 of these GTC.
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.

The Customer is also informed that he can have recourse to the platform of Online Settlement of Disputes (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
. All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the courts of competent jurisdiction under the conditions of common law.