GENERAL CONDITIONS OF SALE AND USE (CGV / CGU)
PREAMBLE
The general conditions of sale and use apply to all products or services sold by the NEMERYS company on the website acting as an online store.
The client or consumer acknowledges accepting and fully adhering to the these general conditions of sale and use with each order confirmation without exception or reservation.
These general conditions of sale represent the contract between the company and the customer during an order confirmation. This same contract cannot be modified in writing or by electronic mail only with the agreement of the company.
Last revised on 02/28/2021
DEFINITIONS
Company corresponds to the company NEMERYS - Elodie VALEMBOIS registered 894 417 187 and having its registered office at 48 rue Claude Balbastre 34070 MONTPELLIER
Order means the purchase of products and services placed on the site www.nemerys.com
Client or Consumer means any natural or legal person who makes a purchase on the website
ARTICLE 1 - CONDITIONS OF USE AND GENERAL CONDITIONS
The user agrees to retain the legal majority of his country of residence and / or the consent of parental or legal authority when using the website.
Any purchase made on the online platform commits the customer to adhere to the General Conditions of Sale, the General Conditions of Use and the detailed descriptions of each product in the online store.
ARTICLE 2 - RIGHTS
The NEMERYS company reserves the right to refuse access to its services and its website to services and/or individuals for any reason and in particular in the event of a legitimate reason within the meaning of Article L 121-11 of the Consumer Code.
Any order placed could be subject to a refusal or a reduction in the number of items due to supply difficulties or any other difficulty encountered by the manager. The company nevertheless undertakes to inform the consumer thanks to the personal contact information transmitted to him by the customer as soon as possible.
All elements of the www.nemerys.com website are the exclusive intellectual property of NEMERYS - Elodie VALEMBOIS. No one is allowed to reproduce, copy, exploit, redistribute, resell or use for any reason whatsoever, even partially without the written consent of the company.
ARTICLE 3 - ACCURACY, COMPLETENESS AND CHANGES TO INFORMATION
The company revels in any obligation to update the information on the website and informs the consumer of the importance of consulting the modifications made to the site before each order. It should be noted that the most recent version of the website as well as the CGV/CGU can be consulted at the URL: www.nemerys.com
Any modification of the prices or services offered by the company may be effective without notice. NEMERYS also reserves the right to stop the trade of a product without warning the consumer and holds no responsibility for this.
In the event of a publication error concerning a product or a promotion, we also reserve the right to correct the error without notice.
ARTICLE 4 - WARRANTY AND WITHDRAWAL
The products offered for sale by NEMERYS are subject to the legal guarantee against hidden defects subject to article 1641 and following of the Civil Code, in the event of non-compliance, the product may be returned, exchanged or refunded. These complaints must be made by email: contact@nemerys.com within 14 days of receipt of delivery.
In accordance with article L121-21 of the Consumer Code, the customer has a withdrawal period of 14 days following receipt of the product and can exercise his right without justification or penalty.
Returns made by the customer are subject to certain conditions (original condition of the article, integrity of the article which must be returned with its container and packaging.
The company undertakes to make a refund within 14 days of receipt and verification of the integrity of the return. In the event of damage to the product, the company may assert a failure of the right of withdrawal. More information on our Exchange and Refund Policy .
SECTION 5 - PRODUCT COMPLIANCE
The company strives to guarantee similarity and consumer satisfaction but wishes to inform the consumer that the correspondence of the product received may differ from the visuals perceived on the website and cannot guarantee the accuracy of the product corresponding to the photo.
ARTICLE 6 - BILLING
All the data provided and the confirmation will be worth proof of the transaction, just as the confirmation of the order will be worth signature and acceptance.
So that the company can guarantee the transaction and delivery of the product under the best conditions, the consumer agrees to provide up-to-date and accurate order information.
The archives of orders and invoices are held by the manager of the company on a reliable and durable medium in accordance with article 1348 of the Civil Code.
ARTICLE 7 - PERSONAL DATA OF CONSUMERS
The company reserves the right to collect the customer's information and to transmit it to the service providers in charge of the continuity of transport in order to establish the smooth running of the processing of the customer's order.
According to the law of January 6, 1978, the consumer has a right of access, rectification, opposition to the personal information contained by the online store. This information is kept for security by the company for legal and regulatory purposes.
ARTICLE 8 - THIRD-PARTY LINKS
The company will not hold any responsibility for prejudice or damage related to the purchase or use of services, content, transactions linked to a third party link and will therefore not respond to any claims or complaints in this regard.
ARTICLE 9 - DELIVERY
Delivery in 5 to 7 days for metropolitan France
The NEMERYS company has an external service provider to carry out the delivery, it cannot be held responsible for late delivery due to the unavailability of the customer.
In the event of an order to a country other than metropolitan France, customs duties or local taxes, state taxes are not the responsibility of the company but the sole responsibility of the consumer.
ARTICLE 12 - PROHIBITED USES
The CGV/CGU subject the consumer to a formal ban on using the site or its content for illegal purposes, with the intention of breaking the law, defamation as well as any transmission of a virus or any other element that could compromise the use of the online store or the information it contains.
The company reserves the right to stop the rights of use to any natural or legal person who violates the rules of use.
ARTICLE 13 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
NEMERYS cannot be held liable in the event of injury, loss, claim or direct or indirect damage resulting from the use of our products. The products offered for sale on the online store comply with the French legislation in force at the time of the drafting of the General Conditions of Sale and the General Conditions of Use, the responsibility of the company cannot be engaged in the event of non-compliance. of the legislation of the customer's country.
By confirming his order, the consumer consents to the facts: possible damage resulting from the wearing of our products is subject to limited liability to the maximum extent permitted by law.
ARTICLE 14 - APPLICATION OF THE LAW
Any breach or any ambiguity of the CGV / CGU must not be used to the detriment of the company NEMERYS or its manager, just as this should not constitute a waiver of the rights and provisions of the consumer.
The General Conditions of Sale and Use are subject to the laws in force. The language of the contract is in French and is entirely subject to French law. In case of disputes, the French courts will have sole jurisdiction.
