Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

Effective as of 10/05/2023

ARTICLE 1 - Scope

These General Terms and Conditions of Sale (hereinafter "GTC") apply, without restriction or reservation to all sales concluded by the Seller with non-professional buyers ("The Customers or the Customer"), wishing to purchase the products offered for sale ("The Products") by the Seller on the website www.nunchi-shop.fr. The Products offered for sale on the site are as follows:

Clothing, accessories and cosmetics

The main characteristics of the Products, particularly the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website www.nunchi-shop.fr, which the customer must be aware of before ordering.

The choice and purchase of a Product is the sole responsibility of the Customer.

The offers of Products are understood within the limits of available stocks, as specified at the time of ordering.

These GTCs are accessible at any time on the website www.nunchi-shop.fr and will prevail over any other document.

The Customer declares that he has read and accepted these GTCs by ticking the box provided for this purpose before implementing the online ordering procedure from the website www.nunchi-shop.fr.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

NUNCHI, Sole Proprietorship

Registered with the RCS of Melun, under number 947779708

46 Avenue Charles de Gaulle, 77630 BARBIZON France

Email: contact@nunchi-shop.fr

Phone: +33673665973 / +33622280527

Intra-Community VAT Number FR58947779708

The Products presented on the website www.nunchi-shop.fr are offered for sale for the following territories:

Metropolitan France, Austria, Belgium, Germany, Italy, Luxembourg, Netherlands, Portugal, Spain.

In case of an order to a country other than metropolitan France, the Customer is the importer of the concerned Product(s).

Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and are the sole responsibility of the Customer.

ARTICLE 2 - Prices

The Products are supplied at the current rates shown on the website www.nunchi-shop.fr, at the time the order is registered by the Seller.

Prices are expressed in Euros, excluding and including VAT.

The rates take into account any discounts that may be granted by the Seller on the website www.nunchi-shop.fr.

These rates are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to change prices at any time.

The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the ordered Products.

ARTICLE 3 – Orders

The Customer is responsible for selecting the Products they wish to order on the website www.nunchi-shop.fr, following these terms:

The Customer chooses a Product which they place in their cart, a Product that they can remove or modify before confirming their order and accepting these general terms of sale. They will then enter their details or log in to their account and choose the delivery method. After the information has been validated, the order will be considered final and will require payment from the Customer in accordance with the agreed terms.

Product offers are valid as long as they are visible on the site, within the limits of available stock.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.

Any order placed on the website www.nunchi-shop.fr constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.

The Customer can track the progress of their order on the site.

ARTICLE 3 Bis - Customer space - Account

To place an order, the Customer is invited to create an account (personal space).

To do so, they must register by filling out the form that will be provided at the time of their order and commit to providing sincere and accurate information about their civil status and contact details, including their email address.

The Customer is responsible for updating the information provided. They are informed that they can modify it by logging into their account.

To access their personal space and order history, the Customer will need to identify themselves using their username and password, which will be communicated to them after registration and are strictly personal. As such, the Customer is prohibited from disclosing them. Otherwise, they will remain solely responsible for their use.

The Customer can also request to unsubscribe by going to the dedicated page in their personal space or by sending an email to: contact@nunchi-shop.fr. This will take effect within a reasonable period.

In case of non-compliance with the general terms of sale and/or use, the website www.nunchi-shop.fr has the possibility to suspend or even close a customer's account after a formal notice sent electronically and remained ineffective.

Any deletion of an account, for whatever reason, results in the complete deletion of all of the Customer's personal information.

Any event due to a force majeure resulting in a malfunction of the website or server and subject to any interruption or modification in case of maintenance, does not engage the Seller's responsibility.

Creating the account implies acceptance of these general terms of sale.

ARTICLE 4 - Payment Conditions

The price is paid through secure payment, according to the following terms:

• Payment by credit card
• PayPal

The price is payable in cash by the Customer, in full on the day of placing the order.

Payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment provider involved in the banking transactions carried out on the website www.nunchi-shop.fr.

Payments made by the Customer will only be considered final after the Seller has effectively collected the amounts owed.

The Seller will not be obliged to deliver the Products ordered by the Customer if they do not pay the price in full under the above-mentioned conditions.

ARTICLE 5 - Deliveries

The Products ordered by the Client will be delivered in metropolitan France or in the following areas:

Austria, Belgium, Germany, Italy, Luxembourg, Netherlands, Portugal, Spain.

Deliveries will be made within 1 to 2 business days for express delivery, 2 to 5 business days for standard delivery in France, and 2 to 8 business days for international delivery, to the address provided by the Client during the order on the website.

Delivery shall be deemed complete upon the transfer of physical possession or control of the Product to the Client. Unless otherwise specified or if one or more Products are unavailable, the ordered Products will be delivered in a single shipment.

The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the specified timeframes above.

If the ordered Products are not delivered within 14 days after the indicative delivery date, for reasons other than force majeure or the Client's fault, the sale may be resolved at the written request of the Client in accordance with the conditions set forth in articles L 216-2, L 216-3, and L 241-4 of the Consumer Code. The amounts paid by the Client will then be refunded within fourteen days following the date of termination of the contract, excluding any compensation or withholding. In the event of contract termination, the Client will be required to return the Products to the Seller, in accordance with the provisions of article L 216-4 of the Consumer Code. The return costs will be borne by the Client, unless the Seller is responsible for the delay in delivery.

Deliveries are carried out by an independent carrier to the address provided by the Client during the order, and which the carrier can easily access.

When the Client has arranged for a carrier of their choice, the delivery shall be deemed completed upon the delivery of the Products ordered by the Seller to the carrier, who accepts them without reservation. Therefore, the Client acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Seller in case of non-delivery of the transported goods.

In the event of a specific request from the Client regarding the packaging or transportation conditions of the ordered products, duly accepted in writing by the Seller, the associated costs will be subject to a specific additional invoice, previously accepted in writing by the Client.

The Client is responsible for checking the condition of the delivered products. They have a period of 14 days from the delivery to make any claims via email: contact@nunchi-shop.fr, accompanied by all supporting documents (including photos). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defects, and no claims will be validly accepted by the Seller.

The Seller will reimburse or replace, at its own expense and as soon as possible, the delivered Products for which non-compliance, apparent defects, or hidden defects have been duly proven by the Client and returned to the Seller, in accordance with the provisions of articles L 217-4 and following of the Consumer Code and those provided in these General Terms and Conditions of Sale (CGV).

The transfer of the risks of loss and damage related thereto shall only occur when the Client physically takes possession of the Products. Therefore, the Products travel at the Seller's risk, unless the Client has chosen the carrier. In this case, the risks are transferred upon delivery of the goods to the carrier.

ARTICLE 6 - Transfer of Ownership

The transfer of ownership of the Products from the Seller to the Client will only occur after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 - Right of Withdrawal

According to the provisions of Article L221-18 of the Consumer Code: "For contracts providing for the regular delivery of goods over a defined period, the withdrawal period starts from the receipt of the first goods."

The right of withdrawal can be exercised online using the attached withdrawal form, which is also available on the website, or through any other unambiguous statement expressing the intention to withdraw, including by postal mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the General Terms and Conditions (GTC).

The products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable their resale as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete products will not be accepted for return.

The cost of return will be borne by the Customer in case of refund and by the Seller in case of exchange.

The exchange (subject to availability) or refund will be made within a maximum period of 14 days from the receipt, by the Seller, of the products returned by the Customer in accordance with the conditions set out in this article.

ARTICLE 8 - Seller's Liability - Guarantees

The products provided by the Seller benefit from:

• The legal guarantee of conformity for defective, damaged, or non-compliant products.
• The legal guarantee against hidden defects arising from a defect in material, design, or manufacturing that renders the delivered products unfit for use.

Provisions regarding legal guarantees:

Article L217-4 of the Consumer Code:

"The seller is required to deliver goods that are in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when it was the seller's responsibility under the contract or was carried out under the seller's responsibility."

Article L217-5 of the Consumer Code:

"The goods are in conformity with the contract if they are fit for the usual purpose of goods of the same type and if they correspond to the seller's description and possess the qualities that the seller has presented to the buyer as a sample or model. The goods must also have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling."

Article L217-12 of the Consumer Code:

"The action resulting from lack of conformity is time-barred two years from the date of delivery of the goods."

Article 1641 of the Civil Code:

"The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use or that so impair its use that the buyer would not have acquired it or would have paid a lower price if they had known of the defects."

Article 1648 paragraph 1 of the Civil Code:

"The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect."

Article L217-16 of the Consumer Code.

"When the buyer requests the seller, during the course of the commercial warranty granted to them upon the acquisition or repair of a movable property, to perform repairs covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining duration of the warranty. This period starts from the buyer's request for intervention or from the date the property in question is made available for repair if it is subsequent to the request for intervention."

In order to assert their rights, the Customer must inform the Seller in writing (via email or mail) of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.

The Seller will refund, replace, or repair the non-conforming or defective Products or parts covered by the warranty.

The shipping costs will be reimbursed based on the invoiced rate, and the return costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements, or repairs of non-conforming or defective Products will be carried out as soon as possible and no later than 14 days following the receipt of the returned Products by the Seller. This refund may be made via bank transfer.

The Seller shall not be held liable in the following cases:

• Non-compliance with the legislation of the country to which the products are delivered, which is the Customer's responsibility to verify.
• In the case of misuse, professional use, negligence, or lack of maintenance on the part of the Customer, as well as in the case of normal wear and tear of the Product, accidents, or force majeure.
• The photographs and graphics presented on the website are not contractual and shall not engage the liability of the Seller.

The Seller's warranty is, in any case, limited to the replacement or refund of non-conforming Products or Products affected by a defect.

Article 9 - Personal Data 

The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. These personal data are collected solely for the execution of the sales contract.

9.1 Collection of Personal Data

The personal data collected on the website www.nunchi-shop.fr are as follows:

Account Creation

During the creation of the Customer/user account:

First name, last name, postal address, telephone number, and email address.

Payment

As part of the payment for the Products offered on the website www.nunchi-shop.fr, it may collect financial data related to the Customer/user's bank account or credit card.

9.2 Recipients of Personal Data

The personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the effectiveness of the sales and delivery of the Products.

The category(-ies) of co-contractor(s) is/are:

• Transport service providers

9.3 Data Controller

The data controller is the Seller, as defined by the French Data Protection Act (Loi Informatique et Libertés) and, as of May 25, 2018, the Regulation 2016/679 on the protection of personal data (GDPR).

9.4 Limitation of Processing

Unless the Customer gives their express consent, their personal data will not be used for advertising or marketing purposes.

9.5 Data Retention Period

The Seller will retain the collected data for a period of 5 years, covering the time frame for the prescription of contractual civil liability.

9.6 Security and Confidentiality

The Seller implements organizational, technical, software, and physical measures to ensure the security of personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmission or storage over the internet.

9.7 Implementation of Customers' and Users' Rights

In accordance with applicable regulations on personal data, Customers and users of the website www.nunchi-shop.fr have the following rights:

• They can update or delete their data by logging into their account and accessing the account configuration tab.
• They can delete their account by writing to the email address indicated in Article 9.3 "Data Controller."
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Data Controller."
• If the personal data held by the Seller is inaccurate, they can request the updating of the information by writing to the address indicated in Article 9.3 "Data Controller."
• They can request the deletion of their personal data in accordance with the applicable data protection laws by writing to the address indicated in Article 9.3 "Data Controller."
• They can also request the portability of the data held by the Seller to another service provider.
• Lastly, they can object to the processing of their data by the Seller.

These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller, whose contact information is indicated above.

The data controller must provide a response within a maximum period of one month.

In case of refusal to comply with the Customer's request, the refusal must be justified.

The Customer is informed that in case of refusal, they may file a complaint with the CNIL (3 Place de Fontenoy, 75007 Paris) or bring an action before a judicial authority.

The Customer may be asked to check a box indicating their acceptance to receive informational and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact information above) or by following the unsubscribe link.