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General Sales Conditions (to Individuals)

Termos e Condiciones de venta Online

 

The present sale Terms and conditions are concluded on one hand, by NAKARMAZ, hereinafter referred as « NAKARMAZ » and on the other hand, by any physical or corporate person, willing to purchase via the NAKARMAZ's Intenet site, hereinafter referred as « the purchaser ».

1/ Purpose

1.1/ The present Terms and Conditions of sale aim at defining the contractual relationships between NAKARMAZ and the purchaser and the conditions which will apply to every purchase by means of the NAKARMAZ's commercial site, whether the purchaser is a professional or a consumer.

1.2/ The purchase of a product or a service by the means of the present site, involves an uncritical acceptance by the purchaser of the present Terms and Conditions of sale.

1.3/ The present Terms and Conditions of sale will prevail over any other general or particular conditions not explicitly accepted by NAKARMAZ.

1.4/ NAKARMAZ reserves the right to modify its Terms and Conditions at any time. In this instance, the conditions which will apply will be those in force when the purchaser placed his order.

2./ Characteristics of the goods and services offered.

2.1/ The products and services offered are those which appear in the catalogue published in the NAKARMAZ's site.

2.2/ These products and services are offered subject to availability.

2.3/ Each product comes along with a description established by the supplier, the purchaser can have access to the supplier's documentation.

2.4/ The catalogue's photographs are as exact as possible, but can't ensure a perfect similitude with the product offered, in particular concerning colors.

3/ Prices

3.1/ The prices appearing in the catalogue are price with all taxes included, taking into account the VAT which is applied on the day of order; any change in the rate might be passed on the products' or services' price.

3.2/ NAKARMAZ reserves the right to modify its prices at any time, nevertheless, the price appearing in the catalogue on the day of the order, will be the only one applied to the purchaser.

3.3/ The recommended prices do not include neither the orders' processing fees, the shipping taxes, or the delivery taxes.

3.4/ The orders' processing fees, shipping taxes and delivery taxes are calculated by price range (see the table below), excluding the special promotion offers which in this case will appear detailed during the order process.

- For a delivery in mainland France:

Cost Price            Range

2,50€                  from 0,01€ to 9,99€

5€                       from 10,00€ to 49,99€

free                     beyond 50,00€

- For an international delivery:

Cost Price             Range

5,00€                  from 0,01€ to 9,99€

10€                     from 10,00€ to 69,99€

free                     beyond 70€

- For deliveries concerning Mr. Suchart's Portraits (shipment from Thailand)

for Asia: 2,50€

for Europe, Africa and America: 6,00€

4/ Geographical area

The online sale of products and services offered on the site is dedicated to any person who has a Paypal account, or a Credit Card (Visa, Mastercard...)

5/ Orders

5.1/ The purchaser, who wants to buy a product or a service necessarly has:

  • to fill in the identification form with his name and address or to give his customer number, if he has one;
  • to fill the order form online by giving all the products or services choosen;
  • to validate his order after checking it;
  • to make the payment in the foreseen terms;
  • to confirm his order and payment.

5.2/ The order's confirmation involves acceptation of the present Terms and Conditions by the purchaser, who recognizes having a perfect aknolewdgement of them and renounces to prevail himself from his own purchase conditions or other conditions.

5.3/ All the data given and the registered confirmation will act as proofs of transaction. The confirmation will act as signature and acceptance of the operations which have been done.

5.4/ The seller will communicate by means of an e-mail confirmation of the registered order.

6/ Withdrawal

6.1/ The purchasers, non professional physical persons, benefit from a seven days period of withdrawal from the delivery of their order to return the product to the seller for substitution or refund without penalty, with the exception of return fees.

7/ Payment methods

7.1/ The price is due to payment made-to-order.

7.2/ The payments will be made by credit card; they will be made by means of the BNP PARIBAS's Mercanet API and/or Paypal systems which use the SSL Protocol (Secure Socket Layer) so that the information transmitted is encrypted by a software and that no third party will take cognizance of it during the transfer on the network.

7.3/ The purchaser's account will only be debited when the products or services will be sent and only for the amount of products or services sent or downloaded.

7.4/ On purchaser's request, a paper bill will be sent to him with the VAT inluded.

8/ Deliveries

8.1/ The deliveries are made to the address given in the order form. It can't be elsewhere than in the given geographical area.

8.2/ The purchaser assumes the risks from the moment when the products have left the NAKARMAZ offices. In case of damage during the shipment, the justifiable protest shall be made to the carrier within three days from the delivery date.

8.3/ The delivery times are given for information purpose only; if they excess thirty days from the date of order, the sale contract might be canceled and the purchaser refunded.

9/ Warranty

9.1/ All the products provided by the seller benefit from the legal warranty prescribed by the article 1641 and following of the Civil Code.

9.2/ In case of non-conformity in a product, it might be sent back to the seller, who will take it back, exchange or refund it.

9.3/ Any claims, exchange or refund request shall be made by post at the following address : 1 mail Gay Lussac 95000 Neuville sur Oise (France) ou by mail at : Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo. within a thirty days period from the delivery date.

10/ Liability

10.1/ The products offered are in keeping with the French legislation in effect. NAKARAMAZ should not be held as responsible in case of non-respect of the country's legislation in which the product is delivered (for example, if a title is forbidden). It's up to the purchaser to check with the local authorities how you can import or use the products or services you would like to order.

10.2/ The seller, in the process of online sale, is only liable for the means; he may not held as responsible in case of damage caused by the use of the Internet such as loss of data, intrusion, virus, service failure, or other unintended problems.

11/ Intellectual property

11.1/ All the elements of the NAKARMAZ's site are and remain NAKARMAZ's intellectual and exclusive property.

11.2/ Nobody is allowed to reproduce, exploit, repeat, or use in any capacity whatsoever, even partially, elements from the site, whether it's software, visual or sound.

11.3/ Any simple or hypertext link is stricly forbidden without an express written consent from NAKARMAZ.

12/ Archives - Proof

12.1/ NAKARMAZ will fill in the order forms and bills on a liable and durable support, which will constitute a true copy in conformation with the dispositions of article 1348 of the Civil Code.

12.2/ The NAKARMAZ's registers will be considered by both parties as a proof of the communications, orders, payments and transactions which had taken place between themselves.

13/ Disputes settlement

13.1/ The present Terms and Conditions are subject to the French law.

13.2/ The present contract is written in French. The English translation is considered to be a supplementary information only.

13.3/ in case of dispute, the Paris courts have competence, without regards to the multiplicity of defenders or claim for contribution from a third party.

14/ After-Sales Service

14.1/ For any information or question we remain at your disposal :

- Contact us by mail at the address: Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo. on the NAKARMAZ's site.