Version of: 01/22/2019
ARTICLE 1: SELLER The NOSC website https://nosc-sport.fr (designated the “Website”) is published by the company NOSC, a simplified joint stock company SAS with a share capital of 1500 euros, having its registered office at 983 Chemin des Boes in Passy, whose unique identification number is 831 243 910 RCS ANNECY, email: hello@nosc-sport.fr
| SIREN |
840 655 682 |
| SIRET (head office) |
84065568200010 |
ARTICLE 2 - GENERAL PROVISIONS
2.1. SUBJECT The general conditions of sale (the "GTC") are applicable exclusively to the sale of NOSC products and related products and accessories from the company NOSC (the "Seller") on the Website , access to which is free and open.
2.2. FIELD OF APPLICATION The GCS govern the online sales contracts of the Seller's products to buyers who are Consumers, understood as natural persons acting for personal purposes or legal persons whose contacts are made outside the website, (the "Consumers") and constitute with the online order the paper and/or electronic writings formalizing the distance sales contract between the parties, to the exclusion of all other documents. The T&Cs are exclusively applicable to products delivered to Consumers established in France and/or in a member country of the European Union. Any order outside the EU must be subject to the tacit and informed acceptance of these GCS by the Consumer.
2.3. AVAILABILITY AND COMPULSORY NATURE The T&Cs are made available to Consumers on the Website for free consultation and as part of the order. The GTC bind the Consumer who acknowledges, by ticking the box provided for this purpose when ordering as specified in Article 6 below, to have been aware of them and to have accepted them before placing an order. They can be consulted at any time by the Consumer in the CGV section of the NOSC Website . The validation of the order by its confirmation implies acceptance of the GCS in force on the day of the order, the conservation and reproduction of which are ensured by the Seller in accordance with article 1127-2 of the Civil Code.
ARTICLE 3 - PRICE
3.1. SALE PRICE The sale price is that in force on the day of the order. It may vary according to promotional offers or pre-orders by the company NOSC. The company cannot be held responsible for different prices according to the fixed date (examples with promotional offers, Green Friday or other non-ordinary events) whatever the claims. In accordance with Article L. 112-1 of the Consumer Code, the selling prices are indicated, for each of the products appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and charged extra. Unless there is a commercial offer, delivery costs amount to a minimum of €3.90 in France and €15 for all EU countries. Deliveries outside the EU zone are fixed in advance, and studied on a case-by-case basis according to the country of destination. The total amount owed by the Consumer is indicated on the order confirmation page of the Website (See article 6 below). 3.2. COSTS The additional costs of delivery or postage (to which must be added any other costs borne by the Seller), which the customer was able to take note of before placing the order, are fixed on the order form. In the event of an order to a country other than metropolitan France, the Consumer is the importer and owner of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of the company NOSC SAS. They will be at his expense and are entirely his responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. NOSC advises to inquire about these aspects with the local authorities concerned. All orders regardless of their origins are payable in euros. The products remain the property of the company until full payment of the price. Warning: as soon as you take physical possession of the products ordered, the risks of loss or damage to the products are transferred.
ARTICLE 4 - PRODUCTS 4.1. CHARACTERISTICS The products for sale on the Website are subject to a description. The photographs are not contractual and only allow to realize the product before purchase.
4.2. AVAILABILITY OF STOCKS The products are delivered within the limits of available stocks. In the event of unavailability, the Seller shall inform the Consumer thereof and may offer him a product of equivalent quality and price or, failing that, a voucher for the amount of the order which may be used for any future order. In the event of disagreement, the Seller may reimburse the sums paid within fourteen (14) days. The Seller is not liable for any cancellation compensation and may at any time define a credit note rather than a refund.
ARTICLE 5 - OFFER
5.1. SPATIAL SCOPE OF THE ONLINE SALE OFFER The online sales offers presented on the Website are reserved for Consumers residing in France and/or in a member country of the European Union and for deliveries in these same countries. geographical areas.
5.2. DURATION The online sales offers presented on the Website are valid, in the absence of indication of a particular duration, as long as the products appear in the electronic catalog and within the limits of available stocks. They can therefore vary according to the seasons and the offers decided before the sale.
5.3. ACCEPTANCE The acceptance of the offer by the Consumer is validated, in accordance with the double-click process, by the confirmation of the order, as follows.
ARTICLE 6 - ORDERS It is possible to place an order on the website:
nosc-sport.fr or by any other means made available by the company The contractual information is presented in French and will be confirmed at the latest. at the time of validation of the order. The company reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
ARTICLE 7 - VALIDATION OF THE ORDER Any order appearing on the website
nosc-sport.fr implies acceptance of these General Conditions. Any order confirmation entails full acceptance of these general conditions of sale, without exception or reservation. All the data provided and the recorded confirmation will constitute proof of the transaction. The Consumer declares to have perfect knowledge of it. The order confirmation will constitute signature and acceptance of the operations carried out. A summary of the order information and these General Conditions will be communicated
via the order confirmation e-mail address.
ARTICLE 8 - ORDER WITH PAYMENT OBLIGATION
8.1. CONTRACT CONCLUSION STEPS
- To place an order, the Consumer must create an account or log in as a guest.
- The Consumer fills the virtual shopping basket by indicating the selected products and the desired quantities, then clicks on the "order" button or see my shopping basket. Then, the Consumer connects, connects as a guest or creates his account.
- Before clicking again on the "order and pay" button, the Consumer has the possibility of checking the details of his order and its total price and of returning to the previous pages to correct any errors or possibly modify his order.
- He chooses the terms and cost of delivery if several choices are offered.
- The confirmation of the order then implies at the time of the validation of the transport the acceptance of the GCS by ticking the box provided for this purpose thus forming the contract, it being specified that the GCS can be consulted by clicking on the link "general conditions of sale" .
- Payment is then made by credit card through the STRIPE module or via PayPal.
8.2. MODIFICATION OF ORDER Any modification of the order by the Consumer after confirmation of his order is subject to acceptance by the Seller. The Seller reserves the right to make changes to the ordered product that are linked to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.
8.3. VALIDATION OF THE ORDER - RESERVE The Seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are Consumers.
8.4. ACKNOWLEDGMENT OF ORDER The Seller acknowledges receipt of the order electronically.
ARTICLE 9 - PAYMENT The price is due in full when ordering. The company reserves the right to set up deferred payment solutions adapted to the future needs of the company. With the exception of sums paid which are reimbursed in the event of unavailability of the product ordered under the conditions provided for in the article concerned, any sum paid in advance of the price produces interest at the legal rate at the expiry of a period of three months from the payment until the delivery of the product or, failing that, to the restitution of the sum paid with the order, in accordance with article L. 214-2 of the consumer code. Payment is made immediately upon ordering by credit card or via PayPal.
The Website is equipped with an online payment security system allowing the Consumer to encrypt the transmission of his bank details by Wordpress, woocomerce and stripe.
The Website indicates the accepted means of payment. Payment by credit card: the transaction and the payment are secure. The Seller informs the Consumer that the payment card is debited upon validation of payment with the secure payment center STRIPE, which sends a payment confirmation email. The card is debited only when the order is dispatched. In the event of split deliveries, only the products shipped are debited.
ARTICLE 10 - DELIVERY The Consumer may apply the article concerned if the delays are attributable to the seller. If the delay is due to the delivery service providers, the Seller cannot be held responsible for the said delay. Delivery is made by direct delivery of the product to the Consumer at the address indicated when placing the order online. It is up to the Consumer to check in the presence of the delivery person the condition of the product delivered and, in the event of damage or missing items, to express reservations on the delivery note or on the transport receipt, and possibly to refuse the product. and notify the Seller. In the absence of direct delivery, the Seller sends a notice of availability to the Consumer who must collect the product ordered within fifteen (15) days of the notice. In the absence of withdrawal within this period, the Seller may, after a formal notice that has had no effect, automatically cancel the order and retain the deposit paid and the product as compensation. The risk of loss or damage to the goods is transferred to the Consumer when he or a third party he has designated takes possession of the goods. The product, which is delivered to the Consumer by a carrier chosen by the Seller, travels at the risk and peril of the Seller. The product, which is delivered to the Consumer by a carrier chosen by him, travels at the risk and peril of the Consumer from the time of delivery to the carrier.
ARTICLE 11 - WITHDRAWAL AND RIGHTS It is recalled that all products supplied by the Seller benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code or the guarantee against hidden defects provided for in articles 1641 to 1649 of the civil code. In accordance with the provisions of Article L.121-21 of the Consumer Code, the Consumer has a withdrawal period of 14 days from receipt of the products to exercise the right of withdrawal without having to justify reasons or to pay a penalty. Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, the responsibility of the Consumer is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal and the Seller may refuse to return it if the conditions are not respected. The return costs are free: they will be reimbursed on simple request, by transfer to credit card in the context of payment by credit card or by transfer in the context of payment by check (bank details to be attached with the request). It is also possible for NOSC to directly send the stamps and follow-up to post to the Consumer wishing to make a return. an amicable agreement can be made by email, telephone or social networks to define the terms. To exercise the right of withdrawal, you must notify us:
- your name, geographic address and, where available, your telephone number and email address;
- as well as your decision to withdraw by means of an unambiguous statement (mail, email).
The Seller reserves the right to defer reimbursement until receipt of the goods covered by the order, or until the customer has provided proof of shipment of this (or these) goods, the date chosen being that of the first of these events. In the event of withdrawal, the customer must return the goods or return them physically, in Lyon at 5 rue du Docteur Rebatel 69003 or in Passy 983 chemin des Boes, 74190, at the latest fourteen (14) days following the communication of the withdrawal. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to: The supply of services fully performed before the end of the withdrawal period and the execution of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal. The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period. The supply of goods made to the consumer's specifications or clearly personalized. The supply of goods liable to deteriorate or expire rapidly. The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection. The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional's control. The supply of audio or video recordings or computer software when unsealed by the consumer after delivery. The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications. Transactions concluded during a public auction. The supply of digital content not provided on a material medium, the execution of which has begun after the consumer's prior express agreement and express waiver of his right of withdrawal.
ARTICLE 12 - GUARANTEE All our products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned, exchanged or refunded. All complaints, requests for exchange or refund excluding withdrawal must be made by email within 30 days of delivery. The products must be returned in the state in which they are received with all the elements (accessories, packaging, instructions, etc.). The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 11.
ARTICLE 13 - INTELLECTUAL PROPERTY The Website, the elements reproduced on the Website, including the NOSC and #SportbyNature brands, are the exclusive property of the Seller, protected by copyright, trademark law and patent law. Any reproduction and any distribution of these elements, without the prior written authorization of the publisher, expose the offenders to legal proceedings.
ARTICLE 14 - RESPONSIBILITY The products offered comply with the French legislation in force. NOSC cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the Consumer to check with the local authorities the possibilities of importing or using the products or services ordered. Furthermore, SAS NOSC cannot be held liable for damage resulting from improper use of the purchased product. Finally, SAS NOSC cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses. The information allowing the Customer to identify himself, such as the username and password, is personal and confidential. This information can only be modified on the initiative of the Customer or of NOSC-sport.fr, in particular in the event of forgetting the password. The Customer is solely responsible for the use of his identification elements, he is required to keep them secret. Any disclosure on its part of can in no way be blamed on NOSC. Any order placed using the Customer's username and password is deemed to have been placed by the latter.
nosc-sport.fr can in no way be held liable for damage caused by the disclosure of this personal and confidential data by the Consumer and therefore the use of this data by a third party. In any case, NOSC SAS cannot be held liable for any damage of any kind whatsoever, in particular due to the use of the subscribed services, damage to reputation, image, or loss of data that may occur due to the use of the services and products offered by nosc-sport.fr
In case of damage:
Please note your reservations on the carrier's documents or refuse delivery, and notify us by mail. This procedure is mandatory so that the ordered item can be exchanged or refunded, as well as the return costs as soon as possible. We insure the goods up to the place of delivery but cannot nevertheless be held responsible for an impossibility of delivery independent of our will (absence, error of wording in the address, etc ...), so take care of the accuracy delivery addresses. Any inaccuracy may cause a significant delay and an additional cost which will be passed on to you. Any delay due to cases of force majeure (strikes, bad weather, etc.) will not engage the responsibility of the company NOSC.
ARTICLE 15 - PERSONAL DATA The company NOSC reserves the right to collect personal information and personal data concerning you. They are necessary for the management of orders, as well as the improvement of services and information sent. More generally, your data can enable us to carry out: operations relating to customer management concerning: contracts; the orders ; the deliveries ; the bills ; accounting and business relationship management; a loyalty program within one or more legal entities; monitoring customer relations such as conducting satisfaction surveys, managing complaints and after-sales service; the selection of customers to carry out studies, surveys and product tests (except with the consent of the persons concerned obtained under the conditions provided for above, these operations must not lead to the establishment of profiles likely to reveal sensitive data - racial origins or ethnicity, philosophical, political, trade union, religious opinions, sex life or people's health). operations relating to prospecting: the management of technical prospecting operations (which notably includes technical operations such as standardization, enrichment and deduplication); the selection of people to carry out loyalty, prospecting, survey, product testing and promotion actions. Except with the consent of the persons concerned collected under the conditions provided for in Article 6, these operations must not lead to the establishment of profiles likely to reveal sensitive data (racial or ethnic origins, philosophical, political, trade union, religious, sexual life or people's health); carrying out solicitation operations; the development of trade statistics; the updating of its prospecting files by the organization in charge of managing the list of opposition to cold calling, in application of the provisions of the Consumer Code; the organization of contests, lotteries or any promotional operation, excluding online gambling and gambling subject to the approval of the Online Gaming Regulatory Authority; the management of requests for the right of access, rectification and opposition; the management of unpaid bills and litigation, provided that it does not relate to offenses and/or that it does not result in the exclusion of the person from the benefit of a right, a service or a contract ; the management of people's opinions on products, services or content. They can also be sent to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment, various marketing actions. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations. In accordance with the applicable legal and regulatory provisions, in particular law n ° 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European regulation n ° 2016/679 / EU of April 27, 2016 (applicable as of May 25, 2018), you have the following rights:
- Exercise your right of access, to know the personal data that concerns you;
- Request the update of your data, if these are inaccurate;
- Request the portability or deletion of your data;
- Request the limitation of the processing of your data;
- You object, for legitimate reasons, to the processing of your data;
- You oppose or withdraw your consent to the use, by our services, of your contact details for sending our promotions and solicitations via e-mails, SMS messages, telephone calls and postal mail.
This right remains valid whether the information concerning you has been transmitted to us directly by you or by third-party partners to whom you have communicated it (in this case, it will be necessary to click on the unsubscribe links provided in our SMS or emails or contact us in conditions below).
These different rights can be exercised directly by email to the following address: hello@nosc-sport.fr For security reasons and to avoid any fraudulent request, this request must be accompanied by proof of identity. The receipt will be destroyed once the request has been processed. Modality relating to cookies: When consulting the Site, Cookies are placed on your computer, mobile or tablet. A Cookie is information placed on your browsing device by the server of the Site visited. Certain parts of the Site may therefore not be functional without the acceptance of cookies by the user. The information collected through this will only be used to monitor the volume, type and configuration of traffic using this site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service we provide to you. This information will not, unless you agree, be kept for more than 13 months. You have the option of disabling Cookies from your browser settings. Through us, you may receive proposals from other companies or organizations, or also be informed of our offers by telephone, post or email. For any request and unsubscription, our email hello@nosc-sport.fr refers to first contact. It is also possible to contact us on 06 29 71 19 24 or to write to us at the two postal addresses mentioned above. Access to your personal data is strictly limited to employees and agents of NOSC, authorized by virtue of their functions and bound by an obligation of confidentiality. However, the data collected may possibly be communicated to subcontractors contractually responsible for the performance of the tasks necessary for the proper functioning of the Site and its services as well as the proper management of the relationship with you, without you needing to give your permission. It is specified that, within the framework of the performance of their services, the subcontractors have only limited access to your data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation in terms of protection of personal data. Apart from the cases set out above, NOSC undertakes not to sell, rent, assign or give access to third parties to your data without your prior consent, unless forced to do so for a legitimate reason ( legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).
ARTICLE 16 - ARCHIVING PROOF NOSC SAS will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized registers of the company NOSC SAS will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
ARTICLE 17 - COMPETENT COURT In the absence of an amicable agreement, the competent court will be that of the place of residence of the defendant (article 42 of the code of civil procedure) or that of the place of actual delivery of the thing (article 46 of the same code) .
ARTICLE 18 - MODIFICATIONS TO THE CGV NOSC SAS reserves the right to modify and update the General Conditions of Sale without notice. To be informed of these possible modifications, NOSC advises the Customer, and in general any user, to re-read the Terms and Conditions of the Site regularly. The Order will be subject to the T&Cs in force at the time of the Order.
ARTICLE 19 - APPLICABLE LAW This contract and the GCS governing it are subject to French law.
