GENERAL TERMS OF SALE
NUNII LABORATOIRE S.A.S, a French Limited Company
Registered capital : €58, 603,50 – Trade & Co. Reg. No. (RCS): Registered in the RCS of Grasse (France): 2016B00394
Registered office : NUNII Laboratoire S.A.S. – 45 Boulevard Marcel Pagnol, Parc d’activité Aroma Grasse – Bât: GRASSE BIOTECH - 06130 GRASSE FRANCE
Phone : +33 (0)4 97 05 20 30
VAT number : FR 44 820301786 – A.P.E. Code : 2042 Z
These general terms of sale (hereafter referred to as the « GTS ») will apply to orders placed remotely by a purchaser, who is a consumer domiciled in the French Overseas Départements and Territories or internationally (i.e. other than metropolitan France), with the vendor NUNII LABORATOIRE (hereafter referred to as « NUNII ») for all items and services proposed on shopnunii-laboratoire.com website (hereafter referred to as the « Website »).
The term « consumer » refers to « any natural person acting for reasons which do not fall within the scope of his commercial, industrial, craft-related or freelance activities ».
The GTS are systematically proposed to the purchaser at the time an order is placed and are available at all times during his navigation on the Websites. The applicable GTS are those in force on the date on which the order is confirmed. Consequently, placing an order implies full and unreserved acceptance by the purchaser of the terms and conditions detailed in these GTS, with no requirement for this acceptance to be conditional upon a handwritten signature on the part of the purchaser. It is also hereby stipulated that the purchaser is authorised to back-up or print out the GTS.
The products are proposed for sale in the following geographical territory: French Overseas Départements and Territories and Internationally (outside metropolitan France).
ARTICLE 1 – PRODUCTS
1.1. Pursuant to article L.111-1 of the French Consumer Code, prior to placing his order online the purchaser may familiarise himself on the Website with the essential characteristics of the product or products he wishes to order.
1.2. The products featured on the Website are valid subject to available stock and subject to availability.
1.3. The purchaser is informed that this Website is not intended to supply advice of a medical and/or paramedical nature. All information shown on the Website is provided for information purposes only. NUNII does not guarantee that the information accessible via its website is complete and up-to-date. This information is not exhaustive, should not be considered as constituting advice of any form, and in no way dispenses the purchaser/surfer from the need to seek professional advice. This information may be modified at any time without notice.
1.4. NUNII reserves the right to modify the products available for sale on the Website at any time.
ARTICLE 2 – PRICES
2.1. The prices guaranteed to the purchaser are those displayed on the Website at the time the order is placed by the purchaser. However, the prices may be modified at any time by NUNII. The purchaser will be informed of these modifications before placing any order on the Website.
2.2. Any sales to a destination country other than Metropolitan France and the european Union will result in the purchaser becoming an importer, and with him assuming sole liability and responsibility for the entry of the products into the destination country, furthermore requiring him to undertake all necessary formalities and to pay all taxes, customs or import duties and more generally any related sums DUE.
For any shipments to a country of the European Union (other than the Overseas Departments and Territories), the VAT regulations are specified by the European Union. The prices shown on the Website are shown in euros inclusive of VAT.
For shipments outside the European Union and in the Overseas Departments and Territories, the prices are shown in euros (with the exception of certain countries for which the prices and currencies are specified on the Website), and will be invoiced free of taxes and duties. Any possible taxes and customs duties to be paid in the destination country will be borne by the recipient of the shipment. NUNII is not responsible for these taxes or duties. NUNII strongly recommends that the purchaser make enquiries with the local authorities in his country concerning these aspects.
2.3. The prices shown do not include carriage costs, which are invoiced in addition to the price of the purchased products.
These costs are shown in a summary before the booking and confirmation of the order by the purchaser.
ARTICLE 3 – PLACING AN ORDER
3.1.The placing of any order entails the purchaser’s unreserved acceptance of these GTS. The purchaser will be asked to approve and confirm them during the last stage of the ordering process on the Website.
3.2. The purchaser selects the exact product by adding it to the basket. The basket constitutes the purchaser’s order form, with the purchaser having the possibility to check and modify the order details at any time in the « My Basket » tab.
ARTICLE 4 – PAYMENT
4.1. The payment in full of the price is due at the time the order is placed. By confirming his order, the purchaser acknowledges that this is a firm order with a payment obligation.
4.2. Payment can be made directly on the Website. NUNII accepts various payment methods:
Bank cards (for example: Visa, Master Card.)
Bank transfer (the order will be processed and shipped as of receipt of the transfer)
Other payment solutions such as PayPal
4.3. Once payment has been made, the purchaser’s order will be automatically confirmed and will constitute an irreversible commitment on his part which may only be contested in circumstances restricted to those provided by law and detailed in these GTS.
ARTICLE 5 – ORDER CONFIRMATION
5.1. The confirmation of the purchaser’s order sent by NUNII is sent by e-mail to the e-mail address entered by the purchaser when placing his order on the Websites. Under no circumstances may NUNII be considered liable for any errors in the provision of this address by the purchaser.
5.2. NUNII reserves the possibility not to confirm an order for any reason (including cases of problems concerning the order received or problems with the supplies of the items concerned). It has five (5) working days to inform the purchaser that it is unable to fulfil the order and to ask him to modify or cancel it.
5.3. In application of the applicable legal provisions, when an order concerns a sum equal to or exceeding €120, NUNII stores the written document confirming the contract concluded between itself and the purchaser by electronic means for a period beginning upon conclusion of the contract until the delivery date and for a period of 10 years thereafter. The purchaser will then have access to this document at any time, which may be obtained by writing to « Service Client – NUNII Laboratoire S.A.S. – 45 Boulevard Marcel Pagnol, Parc d’activité Aroma Grasse – Bât: GRASSE BIOTECH - 06130 GRASSE FRANCE » or by sending an e-mail to the following address: email@example.com accompanied by proof of his identity.
However, NUNII recommends that the purchaser retains and archives the order confirmation sent by NUNII either in paper or computerised form.
ARTICLE 6 – DELIVERY ZONES AND DELIVERY TIMES
6.1. Any order placed on the websites creates an entitlement to delivery in the French Overseas Départements and Territories and internationally (excluding metropolitan France), on condition that the purchaser complies with the provisions of article 2.2 of these GTS.
If the purchaser wishes to receive his delivery at the home of a friend, a neighbour, or at his workplace, he should specify this when placing his order by clearly stating his delivery address.
6.2. The delivery of the orders placed by the purchaser will be handled by the haulier chosen by NUNII. The delivery is made via the direct handover of the product to the recipient specified by the purchaser, with the signature at each delivery of a delivery acknowledgement form by the identified recipient. In all cases, the recipient must check the content of the pack and its satisfactory condition before signing the delivery slip. Any contestation concerning the transportation (including but not limited to breakage, damage, loss, damaged packaging, etc.) must always be reported by the purchaser to the haulier within twenty-four (24) hours and must be recorded on the delivery note. The submission of this written confirmation to the haulier is mandatory in the case of any possible request for an exchange or refund.
6.3. The delivery lead times are shown on the product information sheet and failing this may not exceed the legal delivery period of thirty (30) days following the conclusion of the contract.
Should stock exceptionally be unavailable, the purchaser will be informed by e-mail or by telephone. NUNII will propose the following to the purchaser:
Either to delay delivery of the whole order until the restocking date for the product concerned,
Or to accept a partial delivery with reimbursement of the purchase price for the product or products which have not been delivered. The purchaser can then place a new order when the product concerned is available once again,
Or to cancel his order and receive a full reimbursement for the order amount.
6.4. In the event of force majeure circumstances prevailing, should the delivery date be missed this may not result in payment of any compensation or damages, in holdbacks or in the cancellation of the order underway, including among others in the cases of total or partial strikes within or outside NUNII, the blockage of transport or supplies, or governmental or legal restrictions.
The term ‘force majeure’ refers to any event outside the control of one of the Parties, which could not be reasonably foreseen at the time the Contract was concluded, and of which the effects cannot be avoided by appropriate means, therefore making it impossible for this Party to fulfil its contractual obligations.
6.5. All risks concerning the loss or damage of the products are transferred to the purchaser at the time the latter or a third party designated by him, other than the haulier proposed by NUNII, physically takes possession of these products.
ARTICLE 7 – RIGHT OF WITHDRAWAL
7.1. Pursuant to the applicable French legal provisions, the purchaser has a period of fourteen (14) clear days as from the date of receipt of his products to exercise his right of withdrawal vis-a-vis NUNI with no requirement to justify the grounds for this or to pay any penalty with the exception, where applicable, of the return carriage costs (which are borne by the purchaser). The purchaser may also exercise his right of withdrawal as from the conclusion of the contract.
When the 14-day period expires on a Saturday, Sunday or a public holiday or a day not worked, it will be extended until the next working day.
In the case of an order for several products, the right of withdrawal will begin on the date on which the last product is received.
The purchaser may exercise his right of withdrawal by:
By Contacting NUNII by e-mail: firstname.lastname@example.org
NUNII will acknowledge receipt of the purchaser’s request to exercise his right to withdrawal by e-mail, as soon as possible.
The purchaser has a period of fourteen (14) days as from the date of his unequivocal notice of withdrawal to return the item to LPG, at his cost at the following address: NUNII Laboratoire S.A.S. – 45 Boulevard Marcel Pagnol, Parc d’activité Aroma Grasse – Bât: GRASSE BIOTECH - 06130 GRASSE FRANCE
Should he fail to return the product or products within this deadline, the purchaser will be considered as having renounced this right of withdrawal.
NUNII will not accept parcels sent on a carriage forward or cash-on-delivery basis.
To avoid any disputes, it is recommended that the purchaser exercising his right of withdrawal should return the product or products in conditions similar to those in which they were initially sent, with a declared value corresponding to the initial order price, and to retain or proof of postage until a complete reimbursement for his order has been obtained.
7.2. When the right of withdrawal is exercised by the purchaser, NUNII agrees to reimburse the purchaser for all of the sums paid (excluding standard one-way carriage costs), as soon as possible and at the latest within the fourteen (14) days as from the date on which the purchaser has informed NUNII of his intention to withdraw, on condition however that NUNII has recovered the product or products and has received them intact, un-opened, undamaged and suitable for re-sale.
This reimbursement will be made using the same means of payment as that used by the purchaser to pay for his purchase, unless the purchaser expressly authorises it to reimburse him by another means on condition that this does not result in additional costs for the purchaser.
The purchaser is informed that no right of withdrawal exists for cosmetic products which have been unsealed and opened by the purchaser. Indeed, opening these products makes them unfit for subsequent resale and in this case they cannot be reimbursed, nor taken back, nor exchanged for hygiene and health protection reasons.
ARTICLE 8 – PERSONAL DATA
8.1. Pursuant to French law number 78-17 of January 6, 1978, (modified) concerning computer systems, data files and liberty, known as the « Informatique et Libertés » law (≈French data protection act), the Websites have been declared to the Commission Nationale de l’Informatique et des Libertés (French data protection authority) under declaration number 1960628. The purchaser expressly authorizes NUNII to collect his personal data, namely, its name, first name, postal address, email address and phone number, solely for the purposes of NUNII’s activity.
In accordance with the French « Loi Informatique et Libertés », as amended, and the Regulation (EU) 2016/679 of the European Parliament and the Council of April 27 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the purchaser is informed that NUNII, as controller, implements personal data processing, the main purpose of which is processing and managing of orders and business relations. Mandatory data are indicated at the time of collection; in their absence, the purchaser’s order cannot be taken into account. These data are intended for NUNII, which keeps them only for the time necessary for the operations for which they have been collected and in compliance with the regulations in force. Thus, the data relating to the purchaser are retained for the duration of the contractual relations, increased by three (3) years from the end of the contractual relations, for animation and prospecting purposes, without prejudice to the conservation obligations or limitation periods.
The information submitted to NUNII directly by the purchaser following any order placed on the Websites may be reused by NUNII for commercial prospection purposes. According to the choices made by the purchaser at the time the product was ordered, this information may also be used by business partners for commercial solicitation purposes.
In case of on-line payment, the Site uses the secure payment system Payplug a fintech solution from Natixis Payments in order to guarantee the maximum safety of its customers. This system is secure and reliable for Internet transactions. At the time of the payment by credit card, the purchaser leaves the Site and accesses the payplug platform via secure protocol “https”. Only the bank details of the purchaser required to carry out the transaction are collected, namely the name of the holder, the number and expiry date of the credit card, as well as the visual cryptogram. This information is then only provided to the payplug Collect system. NUNII has no access at any time. The transfer of information is perfectly protected by encryption.
The purchaser bank details are retained:
• in the case of a single payment until the expiry of the withdrawal period
• in the case of a graded payment until full receipt of payment by NUNII.
8.2. The purchaser is informed that he has a right to request from NUNII, access, rectification, objection and erasure of his personal data, restriction of processing or to object to processing as well as the right to data portability, to withdraw its consent at any time and to lodge a complaint with a supervisory authority.
The purchaser may exercise his rights by e-mail via the « Contact » section on the website or sent by post to the relevant department at the following address:
NUNII Laboratoire S.A.S. – 45 Boulevard Marcel Pagnol, Parc d’activité Aroma Grasse Bât: GRASSE BIOTECH - 06130 GRASSE FRANCE
If the information processed is erroneous or incomplete, the purchaser may ask that it be corrected, completed or deleted by contacting the department in question, the address of which is shown above.
If the purchaser’s telephone number is collected by NUNII, for example during a sales contact via the Website, the purchaser may ask NUNII to ensure that his telephone number is included on a no-call list to avoid receiving commercial prospection by telephone.
ARTICLE 9 – APPLICABLE LAW AND JURISDICTION
9.1. These GTS are subject to French law, which alone will apply to them. These GTS are drafted in French. In the event that they are translated into one or several languages, only the French text will prevail in the event of disputes or litigation.
9.2. All complaints should be sent in writing to NUNII at the following address: NUNII Laboratoire S.A.S. – 45 Boulevard Marcel Pagnol, Parc d’activité Aroma Grasse Bât: GRASSE BIOTECH - 06130 GRASSE FRANCE
Should no amicable solution be forthcoming, the purchaser may freely access a mediation procedure (unless he prefers to use a lawyer) or any other alternative dispute resolution system. NUNII proposes using the mediation system proposed by the Centre de Médiation et d’Arbitrage de Paris in FRANCE, to which the Client may refer the matter using a form on the CMAP website (www.cmap.fr), and which may be contacted by e-mail (email@example.com) or by post (CMAP – Service Médiation de la consommation, 39, avenue F.D. Roosevelt, 75008 PARIS FRANCE). Any request should contain the following information to be processed speedily: the purchaser’s postal address, e-mail address and telephone number, the complete name and address of NUNII, a brief explanation of the facts and proof of the previous attempts to resolve it with NUNII.
Mediation is not MANDATORY FOR the parties, who are free to submit their dispute to the competent French courts in application of the rules laid down in the French code of civil procedure.
ARTICLE 10 – MISCELLANEOUS PROVISIONS
10.1. A purchaser wishing to place an order on the Website declares that he possesses full legal capacity to do so. However, any purchase made on the Websites by a person considered legally incapable under the terms of the French Civil Code will then be considered to be made under the liability of his legal representative.
10.2. If one or several provisions of these GTS are found to be invalid, illegal, void or declared as such in application of law, a rule, or following a final ruling by a competent court, the other provisions of the GTS will retain their full force and scope.
10.3. NUNII is available to the purchaser to answer any questions and comments which the latter may have when using the website and to provide appropriate advice concerning the sale of the products available on the Websites.
• By e-mail: on the « Contact us » page or at the address firstname.lastname@example.org
• By telephone: on 00 33 4 97 05 20 30
• By post: NUNII Laboratoire S.A.S. – 45 Boulevard Marcel Pagnol, Parc d’activité Aroma Grasse – Bât: GRASSE BIOTECH - 06130 GRASSE FRANCE