Terms and Conditions

Terms and conditions
Preamble:
This site is operated by the company Nordinary SARL, having its registered office at 3, rue Galvani - 75017 PARIS (France) Telephone 33 (0)
6 86 99 77 11 and registered with the Register of Commerce and companies of Paris under
number 509 317 269.
These Terms and Conditions apply to all orders placed with the
company Nordinary for all items and services offered on the site
www.nordinary.fr by natural persons not by business persons. We invite all persons acting for business purposes or related to a business, to refrain from entering into commercial transactions
with www.nordinary.fr.
Consequently, the fact for any person to order a product offered for sale
on the website Nordinary, implies full acceptance of these Terms and
Conditions that the Customer recognize having read before ordering.
Click for validation of the order implies full and complete acceptance of these.
The click means a "digital signature".
Nordinary reserves the right to change these Conditions of Sale at any moment.
However, the Terms and Conditions applicable to the order placed
by Customer on the site of Nordinary, are those accepted by the Customer
when placing the order.
Article 1: Purpose
These Terms and Conditions are intended to define the entirety of the rights and
obligations of the various parties in the online sale of property offered by
the seller to the consumer from the order to delivery, through the
payment and use of services made available by Nordinary. In this sense,
the Customer is considered to accept without reserve the
provisions provided in these terms and conditions. Nordinary for its
part undertakes to respect the role of retailer within the framework of the aforesaid
conditions. The language proposed for the contract is the French.
Article 2: Products
The products offered by the site www.nordinary.fr are children
clothes, shoes, accessories, toys, objects of arousal or decoration,
linen, towels, bed linen, equipment and childcare and any other items for
babies and children. All products sold on the site are new, and conform to European
Community legislation in the standards applicable in France. All efforts have been made to ensure the accuracy of the information presented on the site www.nordinary.fr.
Product offerings are in the limits of available stocks and commitment of the Seller.
Indications of the availability of products are provided at the time of placing the order.
However, in the event of unavailability of product after the
order, Seller agrees to notify the Customer by email as soon as
possible. The order will be automatically canceled and the Client will
be recredit directly to his account of the amount of his order. Availability
may vary in the same day depending on the level of sales. Nordinary
upgrade widespread availability, but cannot be held responsible if the
stock is no longer the same as indicated. Nordinary cannot be held liable for breach of contract in the
event of stock or product unavailability, causes beyond control, disruption,
total or partial strike in particular of postal services, transport and/
or communications, flooding, fires. Information, practical advices on products written on the website and given by phone or by e-mail in response to a question sent by mail or by phone by a Customer, are indicative.
The present provisions cannot deprive the consumer of the legal guarantee which requires the seller to guarantee
him against all consequences of the hidden defects of the item being
sold.
The consumer is expressly informed that the seller is not the
manufacturer of the products presented on the website www.nordinary.fr and that the
seller is not responsible for defective products.
Accordingly, in case of damage caused to a person or a product's
default, only the responsibility of the manufacturer shall be sought by
the consumer, based on the information on the packaging of the product.
The information, specifications, photographs and graphics
presented on the site or in emails sent by Nordinary are only
indicative and are mostly donated by suppliers.
In particular, the difference in perception of shapes and colors
of the photographs or graphics and products shown may not engage the
responsibility of Nordinary. Nordinary will make its best efforts to make sure its photographic
products shown in the www.nordinary.fr site and in its newsletters are as
accurate as possible. It is possible that the perception of the product does not correspond completely to products.
Nordinary cannot be held responsible for damages because of these,
including under an operating loss, loss of profit, loss of chance,
damage or expense that might occur from the purchase of products. Nordinary cannot be held responsible for any losses of data, files or of the damages defined in the preceding paragraph.
Article 3: Ordering
Any customer of Nordinary Company, declares that he had the capacity to
contract under the conditions described below, i.e. to be an emancipated
minor or to have legal majority and not to be protected under Article 488 of
the French Civil Code. Nordinary reserves the right to refuse any order from a customer
with whom there is or which appears during processing of an Order, litigation, especially litigation over payment. These conditions can be read directly on the site www.nordinary.fr.
Upon Customer's request, they may also be sent by email.
The fact that the client checks the box "I accept unreservedly the
Terms of Use" before proceeding to payment constitutes an irrevocable
acceptance which cannot be questioned excepted in the extreme cases restrictively provided
in these Conditions General sales under the "right of retraction."
The Customer accepts by this
act to have read and understood the present Conditions and to accept
them.
The customer can place an order with Nordinary on the internet site www.nordinary.fr, 24 hours a day and 7 days a week.
The ordering process consists of 5 stages.
Once the selection of products is made, and after having identified the desired quantities and sizes chosen, the Customer must:
* indicate the delivery method chosen;
*
click on the link entitled "Order"
* identify himself either by entering his email address and
password which are strictly personal to him (if he is already holding an
account at Nordinary), or by mentioning all the information normally
required for an online registration. Following this registration, the
Customer will receive an email of confirmation for the his new account with
a password of his own and thus confidential;
* clearly indicate the information required for the delivery. This
concerns in particular the exact address of delivery and any
restrictions of accessibility of the place of delivery (building,
floor, digital code, etc.).
* Finally, indicate the payment method selected.
Once the mode of payment is selected, the Customer must proceeds with payment
of his order on the secure server, which will formalize in a firm and final manner, the sales contract with Nordinary.
Payments by credit card are charged at the time of confirmation of the order.
Proof of the order
Unless proved otherwise, the data recorded by the company Nordinary constitutes proof of all transactions.
The records are stored in Nordinary computer systems under
reasonable conditions of safety, will be considered as proof of
communications, orders and payments that have taken place between the parties.
The filing of the purchase orders and invoices is made on a reliable
and durable support which can be produced as evidence. Any order implies acceptance
of the prices and descriptions of products available for sale.
Any
dispute on this point will intervene
within the framework of a possible exchange and guarantees mentioned
below. In all cases, the online supply of the bankcard number and the
final validation of the order by the Client will constitute proof of
the order and payment amounts for selected products in the order. This validation constitutes a signature and acceptance of all operations carried out on the website www.nordinary.fr.
Order Confirmation
An email is automatically sent to the Customer to confirm the
order provided that the email address indicated on the registration form does not contain any
error. Customer must check the completeness and conformity of the
information he provides to Nordinary. The latter cannot be held
responsible for any data entry errors and the consequences in terms of
delay or error in delivery. In this context, all the expenses incurred for
the return will be the responsibility of the Client.
Following of the orderThe Client may at any time check the status of his order by
visiting the heading "My Account" on the site www.nordinary.fr. This following
allows the client to know about the status of processing of his order, but also
the status of his shipping parcels. Once the package left Nordinary,
the customer receives an email advising him of sending his order by the
Post Office. A link is inserted in the email, allowing the customer to track
the delivery status of his order. This last following of delivery is carried out
with the deliverers' Internet interface.
Therefore, Nordinary cannot be held responsible for the unavailability or errors that
may affect the information provided by carriers. Nordinary nevertheless tries to make this information as clear
as possible and reliable transportation at best with its carriers. The
Client may at any time contact the sales department of Nordinary to be
informed of the progress of his order.
Article 4: Prices
Prices are quoted in Euros and all taxes inclusive, and are applicable only on the date of the confirmation of order made by the Customer.
The prices of Nordinary's suppliers are constantly changing, that means that the price posted on the site are also likely to change at any time. Prices do not
include shipping and gift wrapping fees, any promotional offers and
personal discounts, which will be indicated before the final validation of the order.
The price stated in the order confirmation by the Seller is the final price.
An invoice is available for consultation and for print at any time in the heading "My Account"
on site www.nordinary.fr and upon confirmation of order. The prices
include French VAT applicable on the date of the order and any change
of the statutory rate of VAT will be automatically reflected in the price of the
products presented on the site, at the date stipulated by the decree.
However prices cannot be changed once the Customer's order has been placed. Similarly, if one or more taxes or contributions, including
environmental taxes came to be created or modified, up as down, this change
could be reflected on the sales price of articles presented on the site
www.nordinary.fr.
Article 5: Discounts and gifts
A single discount (for example promotional code) is given by order. When
buying a product in multiple quantities, the discount only applies to
the first item, unless specified in the notice sent with the
promotional code or discount. The same goes for products offered (one batch of gift or gifts by Client).
In the event that a problem would lead to a duplication of
discounts or gifts, the invoice would be blocked until payment
adjustment or cancellation of the order. The gifts are depending on the product purchased.
These gifts are listed on the pages of the products in question or
on the promotional offer sent to the Customer. Discounts, promotion codes or gift is valid within the limits of
expiry dates listed on the site or in the mail or e-mail
accompanying the description of the special offer, and within the
limits of available stocks. Customer may not claim any compensation or reduction in the
event that he refused the gift offered to him, as Nordinary is supporting all
costs related to such gifts. Gifts are neither guaranteed nor taken, nor exchanged.
Article 6: Payment
Payment methods
Two possibilities are proposed to the Customer:
- Payment by credit card via the secure site e-transaction of the French bank
Crédit Agricole.
- Payment by credit card via the secure site of Paypal.
The Customer can pay his order online by credit card: Blue card, Visa and
Eurocard-Mastercard.
The Customer guarantees Nordinary that he has the required permission to use
the method of payment chosen by him, during the validation of the order. The
debit for purchases on the Customer's account is done at the time of the
processing order. The debit for purchases on the customer's account is done at
the time of the processing of the order. Nordinary implements all necessary
means to ensure the safety and confidentiality of data transmitted online. To
this end, the site uses a secure mode of payment named SSL (Secure Socket
Layer) which allows the encryption of the bank information when it is
transmitted over the network. Nobody can, under any circumstances, have access
to this banking information. This information, furthermore, will never be used
by Nordinary, if not to complete the procedures related to the purchase or to
make the returns in the event of any refunds of products, according to the law
of waiver. You find that the transmission is encrypted by software as soon as
there is in your browser, the padlock symbol. The transaction is carried out
via Credit Agricole Bank, which is the only one who receives the bank details
provided on the site at the time of payment. Nordinary reserves the
right to suspend any order management and delivery in case of a payment
authorization by bank card being refused by officially accredited organizations
or in the case of non-payment.
Nordinary reserves the right to refuse to make a
delivery or to process an order by a client who has not settled completely or
partially, a previous order or with whom a dispute over payment is still not
settled. As part of a procedure for checking orders intended to ensure that no one
can use the bank account of another person without his knowledge, the customer
may be asked to send a proof of identity and a proof of residence to Nordinary
by email or by postal means. The order will be valid only after receipt and
verification by our parts of the details sent. In the absence of reception of
these elements within 15 day following the placing of the order, the order will
be considered to be automatically cancelled.
Payment times
The order is payable in Euros in complete on the day
of the order made by the Customer.
An email confirming the dispatch of the order will be sent via this email
address: commandes@nordinary.fr. In case of refusal from the bank, the Seller
reserves the right to cancel the pending order made by the Customer.
Terms of Payment
Payment by the Customer will be considered final until
actual payment of amounts due to Seller. Credit card payments are debited at
the time of the order by the Seller.
Transfer of property
Nordinary remains the owner of the goods delivered until their complete payment
by the Client. The above provisions do not prevent the transfer of risks of
loss or deterioration of the products to the customer during the delivery, as
well as the damage they may cause.
Invoice
It is available in the heading "My Account" of our site. The Customer
can view it, download and print it. The purchase order which the
Customer creates online or the confirmation of the order sent by email to the
Customer by Nordinary does not act as an invoice. The invoice is not attached to the parcel; the Customer will only find a
delivery order without prices in his parcel. Nordinary keeps an electronic copy
of each invoice. In the case of a delivery to a different address from the
billing address, the invoice is only available in the online tracking of orders
Customer's account.
Article 7: Delivery
Terms
The products are delivered to the address indicated by
Customer on the order and only on the geographic areas we serve.
Customer must verify the completeness and conformity of the information he
provides to Nordinary. The Seller cannot be held responsible for any data entry
errors and the consequences in terms of delay or error in delivery.
In this context, all expenses incurred for the return of the order will be
entirely borne by the Client.
Delivery Services
Delivery is deemed to be effective upon delivery of
products from the seller to the carrier.
Nordinary cannot be held responsible for delays in delivery due to errors or
disruptions caused due to transporters (including in cases of total or partial
strike of the mail services and means of transport and / or communications), as
in bad weather.
Delivery Zones
The geographical area of delivery from Nordinary's
store is:
* Metropolitan France, Corsica, Monaco;
* Europe and Switzerland;
* Rest of World: Customer may contact Nordinary for
more information on conditions of delivery within a specific country in the
world.
Dispatching times
Orders placed online via the site www.nordinary.fr are
checked every day from Monday to Friday, except on public holidays.
Nordinary doing its utmost to process and ship the very same day any orders
placed before 11am, however the processing time and the preparation of an order
may be extended depending on the items and may require 1 or 2 business days.
Upon receipt of the email confirmation of shipment, the Customer may take into
account the time of the carriers announced below. Nordinary inform its
customers that these delivery times do not include Saturdays, Sundays and public
holidays.
An email is automatically sent to the Customer at the time of shipment of the
products subject to the email address on the registration form does not contain
an error.
Transport times
The transport times depend on the mean of transport
chosen by the customer and the place of delivery. Nordinary informs Customers
that the delivery times announced by the carrier chosen are purely an
indicative basis. The freight costs are indicative (for Metropolitan France) at
the time of the shopping basket and are confirmed definitively according to the
means of transport and the delivery destination chosen, before the final
confirmation of the order. However, Nordinary informs its customers that these
delivery times do not include Saturdays, Sundays and public holidays.
Delivery times
Delivery times may include:
* the delivery time is equal to the time of dispatch
(paragraph dispatching times) added to the time of transport (paragraph
transport times);
If the time of initial delivery cannot be held, a new delivery time will be
communicated to the Customer, based on data known by Nordinary. In this case, a
proposal for the cancellation of the order, a credit or refund will be made to
the Customer.
Means of delivery in Metropolitan France
* Standard delivery by Colissimo EXPERT (usually delivered
in 48 hours)
This delivery method allows the client to receive the parcel within 48 hours as
from dispatch tnaks to La Poste (French Post Office) and its service Colissimo
EXPERT (excluding processing and preparation time of the order which may take 1
to 2 days). Deliveries are carried out Monday through Saturday morning, except public
holidays. Costs involved for this option are 6.90 Euros.
The parcel is dealt by the French post office and delivered against signature
to the delivery address indicated by the Customer. In case of absence at the
moment of the delivery, an advice note is left at the delivery address
specified by the Client, which enables him to withdraw his parcel at the nearest
post office. The parcels are held at the Post Office for 15 calendar days. In
case of non withdrawal by the deadline set by the carrier, the goods will be
returned to Nordinary who reserves the right to refund the price of the
products, shipping cost remaining the responsibility of the Customer.
* Express Delivery by
Chronopost (Chrono 13) (usually delivered in 24 hours)
This delivery method allows the client to receive his parcel within 24 hours as from time of dispatch thanks
to Chronopost (excluding treatment and preparation of the order which may take
1 to 2 days). Deliveries are carried out Monday through Friday, except public
holidays. Costs incurred for this option are 23.90 Euros. The parcel
is dealt by Chronopost and delivered against signature to the delivery address
specified by the Customer. Customer must make sure to give in the order, all
necessary information for access to the delivery address (Digital code,
building, floor...), and a telephone number where the Client is easily reachable. In case of
absence at the moment of the delivery, an advice note is left at the delivery
address specified by the Client, which enables him to withdraw his parcel at
the nearest post office. The parcels are held at the Post Office for 15
calendar days. In case of non withdrawal by the deadline set by the carrier,
the goods will be returned to Nordinary who reserves the right to refund the
price of the products, shipping cost remaining the responsibility of the
Customer.
Means of delivery within the European Union (Zone 1 and Switzerland)
* Standard Delivery by International Colissimo Expert
(indicative delivery 4 to 8 days)
This delivery method allows the customer who lives in Europe (excluding Metropolitan
France), to receive his parcl in 4 to 8 working days (excluding Sundays and
public holidays) from time of dispatch thanks to the French Post Office and the
International Service Colissimo EXPERT (excluding time processing and
preparation of the order which may take 1 to 2 days). Deliveries are carried
out from Monday to Friday, except public holidays.
Costs incurred for this option are 16.80 Euros. The parcel is
dealt by International Colissimo Expert and delivered against signature to the
delivery address specified by the Customer. In case of absence
at the moment of the delivery, an advice note is left at the delivery address
specified by the Client, which enables him to withdraw his parcel at the
nearest post office. The parcels are held at the Post Office for 15 calendar
days. In case of non withdrawal by the deadline set by the carrier, the goods
will be returned to Nordinary who reserves the right to refund the price of the
products, shipping cost remaining the responsibility of the Customer.
Means of delivery within North America (Zone 3 USA & Canada)
* Standard Delivery by International Colissimo Expert
(indicative delivery 8 to 12 days)
This delivery method allows the customer who lives in North America, to receive his parcel in 8 to 12 working days (excluding Sundays and
public holidays) from time of dispatch thanks to the French Post Office and the
International Service Colissimo EXPERT (excluding time processing and
preparation of the order which may take 1 to 2 days). Deliveries are carried
out from Monday to Friday, except public holidays.
Costs incurred for this option are 23.90 Euros. The parcel is
dealt by International Colissimo Expert and delivered against signature to the
delivery address specified by the Customer. In case of absence
at the moment of the delivery, an advice note is left at the delivery address
specified by the Client, which enables him to withdraw his parcel at the
nearest post office. The parcels are held at the Post Office for 15 calendar
days. In case of non withdrawal by the deadline set by the carrier, the goods
will be returned to Nordinary who reserves the right to refund the price of the
products, shipping cost remaining the responsibility of the Customer.
Following of the order
The Client may at any time check the status of his
order on the site www.nordinary.fr
logging into "My account» heading. This monitoring allows the client to know about
the status of processing of his order, but also the status of sending or
delivery of his parcels.
The Customer receives an email confirming the departure of his parcel from
Nordinary company. On this email is written a unique confidential number that
allows the Customer to know the stage of processing of his order, but also the
stage of sending or delivery of his parcels (www.coliposte.fr).
This last following of delivery is carried out with the
deliverers' Internet interface. Thus the Seller cannot be held responsible for any unavailability or errors that
may affect the information provided by its carriers.
Nevertheless the Seller tries to make this information as clear as possible and
to make the transport with its carriers
as reliable as possible.
The Client may at any time contact the Seller's Customer Services to be
informed of the progress of his order.
Delivery costs
They appear to the client before the final
registration of his order.
The delivery cost can be offered for free on an ad hoc basis as part of
marketing promotions.
The delivery cost is offered for all basket of 130 euros.
Delays in delivery related to the carrier
In the case of late delivery compared to the deadlines
announced by the carriers, the Customer must contact by priority the French Post
Office to see if the package is not pending.
If the problem is persisting, the Customer must contact by phone or email the Customer
Service of Nordinary to open a file of contention or start investigations to
search for the parcel. Some rare times parcels are lost by carriers.
The deadlines given by the carriers require that the client declares the loss
within 10 days of receipt of the dispatch notice send by email by Nordinary. In
these conditions, Nordinary will make the necessary claims with the carrier
concerned.
If the parcel is found, it will be forwarded immediately to the client's residence.
In the case the parcel was not found, the Client may request the return of the
same product (subject to availability), at the expense of Nordinary, or to be refunded
of the amount paid.
If the ordered products are not available at this time, Nordinary will refund
the amount paid for the products concerned by the loss of the carrier.
Customer's responsibility opposite the damaged parcels
The Client must check with the carrier (or with the post man) the state of the parcel and note any reserves necessary on the delivery
notice in case of partial or total deterioration. Without noting such points,
the product is deemed accepted by the Customer and will not be subject of any
dispute concerning its delivery. Meanwhile, the consumer must notify his
reservations by sending the carrier within two (2) business days following the
date of delivery, a letter with acknowledgment of receipt stating his claims.
The consumer must send a copy of this letter to Nordinary who, without this,
will not be able to return the goods. Once informed, Nordinary will quickly
take the necessary measures, both in terms of return of the damaged goods in
his premises and from the perspective of a new delivery or a refund. In the
absence of notification, the Seller shall not be held responsible for a long
time to take charge of the new delivery.
Packaging
The products are packaged so as to meet the standards
of existing transportation and to ensure optimal protection of products during
their delivery. It is requested from the Client to comply with these standards
in the case of a return of a product at an after-sales service, or a return for
convenience. Any damage noted to a product arising from the product
not being repackaged properly may lead to an only partial refund, or no refund
in the event of the impossibility of resale in its state or in the event of a
technical problem indicated having been worsened. Each package is subject to a neat package in a colored silk paper.%25250ANordinary also features an original gift box if you want your order to be sent
as a gift for an amount of 2.90 Euros.
Article 8: Right of withdrawal
Return
Within the framework of the sale by correspondence
(without the simultaneous physical presence of the parties), the Customer has,
in accordance with the law (Article L 121-20 of the French Consumption Code) the
right during a period of 7 days from delivery of goods to return them to the Seller
and to exert his right of withdrawal, provided that the goods are returned in
their original packaging and in perfect condition for resale without the
customer has to pay penalties, with the exception of the cost of the goods return. The products returned must
not have been worn, altered, washed, damaged or used, or have suffered damage
if it is minimal and in a perfect state of cleanliness. The labels must be
attached to products. Any product that is damaged, incomplete, or whose
original packaging is damaged, will not be refunded nor taken, nor exchanged.
1. The Customer must warn the Seller of his demand for
return by e-mail to commandes@nordinary.fr indicating the order number and a
list of products he wishes to return. By return of mail, Nordinary will send
him a voucher with details of return products and a small asking form for the
method of compensation chosen. The Customer shall, on receipt of this email,
return the product at its own expense in their original packaging, according to
the same delivery method used by the Seller at the following address: Company
Nordinary SARL, 4, Rue de la Rochefoucauld, 75009 Paris (France),
together with the number of his bill and the form that states the choice of
compensation. The method of compensation must be clearly indicated on the form: credit or refund. Seller prevents the Customer via e-mail of the receipt
of the shipment and treatment of his return within a maximum period of 72
hours. Sending the parcel remains the exclusive responsibility of the Client,
the Seller is not responsible for lost of parcel by the postal services. The
return costs will be borne by the Seller, whether an error attributable to
proved Nordinary as where the products do not possess the essential
characteristics promises, present manufacturing defects or there would be
errors in the delivery thereof. In the latter case you can notify us in the
same way by e-mail. Where the terms and modalities for exercising the right of withdrawal
were not met, you will not be entitled to reimbursement of sums already paid to
Nordinary: however you can obtain, at your expense, the products in the state
in which they were returned to Nordinary. Otherwise, Nordinary may retain the
goods, in addition to the money already paid for their acquisition.
Nordinary suggests to the Client to return his
products by Colissimo Expert with a recommendation or insurance of the
commercial value of the products, guaranteeing him, the compensation for
products of high value actual market in case of theft or loss of goods. In all
cases, the return is at the risk of the Client. It will be for the Client to
retain any proof of return.
In case of flagrant abuses (considered abnormal repetition of cancellations
by a client), the Seller reserves the right to charge Customer's with fees of
management and cancellation. Nordinary cannot accept a cancellation or exchange
of part of a product subject to a reference. For example, in the case of
selling set, the Client may not cancel or redeem a part of the set, even if the
elements of the lot are also sold separately on the site.
Credit
During a period of 7 days from the date of delivery of the order, the
customer may return the product concerned at its expense prior to
having taken care to tell Nordinary on the email commandes@ nordinary.fr. The client indicates in this email, the number of his invoice and the
references of the returned products and his choice of compensation in
the form of credit. After receipt of the product at Nordinary's shop a
personal code will be emailed to customers wishing to obtain a credit.
The promotional code will be equivalent to the amount of the returned
products enriched in the original and return shipping. At his
next order, the customer who should have kept this code, enter it in
the command phase of the basket and see the amount of the invoice is
deducted from this credit. There is no validity date to this credit.
The credit is more advantageous than the refund since the initial delivery and return are also refunded to the
Customer as soon as deliveries take place in France Metropolitan.
RefundCustomer may also request a refund of one or more products within 7 days from the date of delivery of the order.
After having informed on Nordinary's email commandes@nordinary.fr with the invoice number, method of compensation chosen (here by refund) and the references of the products returned, the customer return products unwanted to his own cost. The Customer will then, upon receipt
back of the product at Nordinary Company, be credited directly to his bank account of the amount
of product returned enriched by the initial delivery cost. Nordinary will
make every effort to refund the Client as soon as possible and
limited to 30 days.
Article 9: Guarantees and Responsibilities
According to Article 4 of the French Decree No. 78-464
of 24 of March 1978, the provisions hereof cannot deprive the Customer of a
legal guarantee which requires the seller to guarantee him against all the
consequences of hidden defects of the thing sold.
The Customer is explicitly informed that Nordinary is not the producer of
the products presented within the website www.nordinary.fr as defined by the French Law No 98-389 of 19 May 1998 and on the responsibility of defective
products.
Accordingly, in case of damage caused to a person or a good by a defect in
the product, only the liability of the producer thereof could be sought by the
Client, on the basis of the information written on the packaging of the
product.
In addition, the company recalled that the products, services and
information offered by Nordinary do not in any way substitute for vigilance at
all time by adults. Nordinary cannot be held responsible in the
event of the non-respect of legislation in the country where products are
delivered. It is the responsibility of the Customer to check with local
authorities the legality of importing and using the products and services being
ordered. Products delivered by Seller are, pursuant to legal provisions, a
manufacturer's warranty against any defect from a defect in material, design or
workmanship affecting products delivered and making them unsuitable for use
during a period of 1 year from the date of delivery, any interventions made by
the manufacturer under the guarantee may in no case have the effect of
extending the length thereof.
All warranties are excluded if the products have been
modified or repaired by the Customer or any other entity that the selected providers by the seller in the event of
misuse, neglect or faulty maintenance of the Client, as case of normal wear and
tear of the property or force majeure.
In order to assert his rights, the Customer shall, under pain of forfeiture of
any action relating thereto, notify the Seller in writing of the existence of
defects within a maximum of 1 year from the delivery of products. Seller will
replace as soon as possible and at its expense, delivered products which
defects or non-conformities have been duly proved by the Customer.
The products sold on the site www.nordinary.fr are in accordance with the
regulations and standards applicable in France.
Nordinary cannot be held responsible in the event of non-observance of legislation in
the country where the product is delivered. It is up to the Customer to check
with the local authorities on the possibility of importing or using the
products which he wishes to order. Nordinary
cannot be held responsible for inconvenience and losses relating to the use of
the Internet, in particular a breakdown in the service, the presence of
computer viruses or external intrusions and more generally all cases defined by
the courts as outside our control or committed by third parties. Hyperlinks may send out to other sites that of the
site www.nordinary.fr.
Nordinary cannot be held responsible if the content of these sites would
contravene the laws and regulations. Any Customer may create hypertext links to the site
from his or her web sites provided that the establishment and implementation of
such a link is subject to prior notification to Nordinary which must give its
express written permission, the information concerning the rights of Nordinary
or other information contained on this site may not be altered or hidden, and
the hyperlink is removed upon notification of the company Nordinary.
Photographs and illustrations accompanying the products on the website are not
binding and cannot therefore engage the responsibility of Seller.
The Client is solely responsible for the choice of products, their conservation
and use.
For all stages of access to the site, consultation, fill out forms, ordering,
delivery of items or any other service, the Seller has an obligation of means.
Accordingly, the liability of the Seller is not responsible for any trouble or
damage incurred in using the Internet, including a break of service, external
intrusion or presence of computer viruses or any qualified force majeure in
accordance with French law.
Similarly, the Seller shall not be held responsible for any default or delay or
failure resulting from the occurrence of force majeure usually recognized by
French law.
Article 10: Cause
beyond control
Neither party will have failed in its contractual obligations, insofar as
its execution is delayed, hindered or prevented by a fortuitous event or a cause beyond control.
Will be considered as fortuitous event or as a cause beyond control or any
unavoidable circumstances, external to the parties, unpredictable, inevitable,
independent of the will of the parties and which could not be prevented by the
latter, despite all efforts reasonably possible.
The party affected by such circumstances shall notify the other within ten
business days following the date on which it will have been informed. The two parties will communicate together,
within one month, unless it is unable due to cause beyond control, to examine
the impact of the event and agree on the conditions under which the contract
will be continued.
If the cause beyond control has duration more than three months, these Terms
may be cancelled by the injured party. Are
considered as cause beyond control or fortuitous events, in addition to those
usually retained by the decisions of the courts and the French courts:
-The total or partial strikes, whether internal or external to the company, the
blocking means of transportation or supplies for any reason, legal or
governmental, earthquakes, fires,
storms, floods, lightning;
- The cessation of telecommunication networks or difficulties specific to
telecommunication networks not under control of the clients.
Article 11: Personal data
Visitors or Customers of www.nordinary.fr site have at
any time the right to access, modify, rectify and delete data which concern
them in accordance with Article 34 of the French law "data processing and
freedom» of January 6, 1978. It is recalled
that the data requested to the Customer are required to process the order and
are intended for internal use by the Seller. They intend to
any third party or partner directly involved in running the site to allow
Nordinary to provide the service requested by Customer (selling products online
on the Site) and will be retained by Nordinary. During the registration of the
Client or at the time of ordering, or in other transactions, Nordinary invites its
visitors or customers to receive its newsletters, promotional offers, and / or
to register for being informed of its exclusive sales. The Visitor or Customer may at any time change his
subscription through his personal account, or through the hyperlink appearing at
the bottom of the offers received by email. Nordinary is committed to take into
account the changes in subscription and removal to its commercial e-mails as
soon as possible.
Nordinary can also offer to its visitors or customers
to receive promotional offers from its partners.
Nordinary can transmit to its trading partners, the identity and contact
information of its users or clients, only insofar as they allowed the
disclosure of their personal data.
Users and Customers can change their choices at any time by contacting Nordinary
by mail to the address shown at the head of the Trading conditions or by email
at: contact@nordinary.fr.
Nordinary inform its customers that the processing of such personal
information and / or personal use has been declared to the French CNIL under
number 1338022 of December 29, 2008.
Article 12: Intellectual Property
Subject to any rights of partners Nordinary or any
third party, the Clients acknowledge that the Site (including all information
available, in particular text, comments, photos, images, illustrations, sounds,
graphics, video, data, databases and downloads, including the underlying
technology), is protected under copyright as well as intellectual property
rights and / or other rights by and for nordinary for the whole
world.
The only right conferred on any Client under the
Conditions of Sale is to receive temporarily on his equipment, all or part of
the site for private use. The Customer shall in no circumstances store offline,
copy, perform, modify, transmit, publish, adapt on any medium whatsoever, by
any means, or exploit in any manner, the elements of the site and the site
itself, without the prior written permission of Nordinary.
The Customer shall comply with all terms relating to
intellectual property rights and other rights Nordinary (or third party) on the
site and do not alter, delete, modify or use without the prior written
permission of Nordinary or otherwise harmful.
Any other use constitutes infringement and is punishable under the French code
of Intellectual Property without prior authorization of Nordinary.
Total or partial reproduction of the catalog of Nordinary's site is strictly
prohibited.
Article 13: Entire conditions
A change in legislation, regulation or a court order Amaking one or more clauses of these Terms and Conditions invalid, shall not
affect the validity of these Terms and Conditions.
Such a change couldn't in any case allow the customer not to respect these
general conditions of sales.
If a condition is not explicitly mentioned, it would be seen as governed by
the procedures in force in the distance whose companies have headquarters based
in France.
The relations between Nordinary and the Customer are exclusively governed
by these Terms to the exclusion of all other conditions contained on the site
www.nordinary.fr.
Each user agrees not to use Nordinary services for commercial purposes.
It further undertakes to respect the applicable regulations of the country
in which he accesses the services and the regulations.
In any event, users should not violate morality.
No withdrawal
The fact that one party not to rely on a breach by the other party to any
of the obligations set out under these Conditions of Use shall not be construed
for the future as a claim to obligation in question.
Article 14: Duration and Application
These conditions apply throughout the duration of all online%0Aservices offered by Nordinary. They are subject to change at any time by the
decision of Nordinary.
The conditions applicable are those in effect at the
date of the registration of the order.
Article 15: Applicable Law
These conditions are governed by the French law in French language. This is
for the rules of substantive and procedural requirements.
Any dispute regarding the existence, interpretation, performance or breach of
contract concluded between the Client and Nordinary, even in cases of multiple
defendants, will be failing agreement, the exclusive jurisdiction of the tribunals
of Paris.