TERMS OF SALES
ARTICLE 1 – Scope
These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by naowelabt.com (“the Seller”) to consumers and non-professional buyers (“Customers or Customer”), wishing to acquire the products offered for sale by the Seller (“The Products”) on the website “www.naowelabt.com”. They specify in particular the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
Products offered for sale on the website www.naowelabt.com are:
Photography and goodies around it ….
The main features of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products are presented on the website “www.naowelabt.com“.
The Customer is required to read it before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website “www.naowelabt.com” are not contractual and cannot engage the responsibility of the Seller. The Customer is obliged to refer to the description of each Product in order to know its properties and essential features.
Product offers are subject to availability, as specified at the time of placing the order.
The Seller’s contact information is as follows:
Address: Principality of Andorra
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to sales in the store or through other channels of distribution and marketing.
These General Conditions of Sale are accessible at any time on the website “www.naowelabt.com” and will prevail, if necessary, on any other version or any other contradictory document.
The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure and the general conditions of use of the website “www. naowelabt.com “.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the purchase of the Customer is the one in effect on the website at the date of placing the order.
Unless proved otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and in writing. justifying his identity, to: see ANNEX II – Retraction Form at the bottom of this form.
The validation of the order by the Customer implies acceptance without restriction or reservation of the present General Conditions of Sale.
The Customer acknowledges having the capacity to contract and purchase the Products offered on the website www.naowelabt.com
The Products presented on the website “www.naowelabt.com” are offered for sale for the following territories: world
In case of order to a country other than Andorra, the Customer is the importer of the Product (s) concerned.
For all Products shipped outside Andorra, the price will be calculated free of Taxes automatically on the invoice.
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.
The modifications of these General Conditions of Sale are opposable to the users of the website “www.naowelabt.com” as of their on line and cannot apply to the transactions concluded previously.
ARTICLE 2 – Orders
It is up to the Customer to select on the website “www.naowelabt.com” the Products he wishes to order, according to the following terms:
- Choice of the product (s)
- Confirmation of the order
- Payment of the order
- Our service checks the order and gives order for it if everything is in conformity
- Order confirmation email sent to the customer
The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered final after the Customer has been sent the confirmation of acceptance of the order by the Seller, by email, and after receipt by the latter of the full price and / or after receipt by the latter of the full amount due.
For orders placed exclusively on the internet, the registration of an order on the Service Provider’s website is carried out when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validating his order.
The Customer has the opportunity to check the details of his order, the total price and correct any errors before confirming his acceptance. This validation implies the acceptance of the entirety of the present General Conditions of Sale and constitutes a proof of the contract of sale.
It is therefore the responsibility of the Customer to verify the accuracy of the order and to report any errors immediately.
Any order placed on the website “www.naowelabt.com” constitutes the formation of a contract concluded at a distance 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 will be able to follow the evolution of his order on the website “www.naowelabt.com”.
If the orders are limited:
The Seller is intended to sell the products on the website “www.naowelabt.com” to professionals, as well as to consumers or non-professionals, for their personal needs.
The Seller reserves the right to refuse orders for the same product in large quantities if not possible.
If an order can only be honored from a certain amount or quantity:
No order of less than 8 euros (VAT excluded) or relating to a quantity of products less than 1 will be accepted.
Any modifications of the order by the Customer can be taken into account by the Seller only within the limits of its possibilities and provided that it is notified by email to the Seller within one hour of the order.
In the event that these modifications cannot be accepted by the Seller, the sums paid by the Customer will be returned to him within a maximum period of 8 days from the notification of the impossibility to accept the modifications requested by the Customer ( unless he prefers to have a credit).
If a deposit is paid to the order:
In case of cancellation of the order by the Customer after acceptance by the Seller less than 10 days at least before the scheduled date for the supply of the Products ordered, for any reason other than the exercise of the right of withdrawal or the force majeure, the deposit paid to the order, as defined in the article “Terms of payment” of these General Conditions of Sale will be automatically acquired from the Seller and may not give rise to any refund.
If no deposit has been paid to the order:
In case of cancellation of the order by the Customer after acceptance by the Seller less than 1 hour before the scheduled date for the supply of the Products ordered, for any reason other than the exercise of the right of withdrawal or force majeure, an amount equal to 50% of the total amount of the purchase will be acquired from the Seller and billed to the Customer, as damages, as compensation for the damage thus suffered.
You acknowledge and understand that colors as seen on a computer monitor may not look the same as the colors as they appear on our manufactured product, and no guarantee is made that any image as seen online will necessarily match exactly the colors on the final product.
ARTICLE 3 – Rates
The Products are supplied at the rates in effect on the website “www.naowelabt.com”, at the time of registration of the order by the Seller. The prices are printed in euros.
The rates take into account any reductions that may be granted by the Seller on the website “www.naowelabt.com”.
These prices are firm and non-revisable during their period of validity, as indicated on the website “www.naowelabt.com”, the Seller reserves the right, outside this period of validity, to change prices at any time. They do not include processing fees, shipping, transport and delivery, which are charged in addition, under the conditions indicated on the website “www.mycrazymarket.com” and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Any specific orders from the Customer may be considered. If necessary, they will be the subject of an estimate previously accepted by it. The quotations established by the Seller are valid for a period of 1 month, from their date of establishment.
The order on estimate is considered accepted only after the payment of a deposit of 50% of the amount of the order.
An invoice is established by the Seller and delivered to the Customer upon receipt of payment.
ARTICLE 4 – Terms of payment
The price is payable in cash, in full at the date of placing the order by the Customer, by way of secure payment, according to the following terms:
by credit card: Visa, MasterCard, American Express, other blue cards
Payment data is exchanged in encrypted mode thanks to the “SSL” protocol
The Seller will not be obliged to proceed to the delivery of the Products ordered by the Customer if he does not pay the price in full under the conditions indicated above.
Payments made by the Customer will only be considered final once the sums due have been received by the Seller.
In addition, the Seller reserves the right, in case of non-compliance with the terms of payment listed above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional costs, higher than the costs incurred by the Seller for the use of a means of payment, may be billed to the Customer.
ARTICLE 5 – Delivery
The Products ordered by the Customer will be delivered in metropolitan France (and in the following countries: world) within a shipping time indicated on the product sheet to which is added the processing time and routing to the address indicated by the Customer when ordering on the website “www.naowelabt.com”.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in the special case or unavailability of one or more Products, the Products ordered will be delivered at one time.
The Seller undertakes to make his best efforts to deliver the products ordered by the Customer within the time specified above.
However, these deadlines are given as an indication.
If the Products ordered have not been delivered within 30 days after the indicative date of delivery, for any other cause than force majeure or the fact of the Customer, the sale may be solved at the written request of the Customer.
The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deductions.
If deliveries are carried out by an independent carrier:
Pursuant to the ordinance of 14 March 2016 on the legislative part of the Consumer Code, when the seller will take care of the conveyance of the sold property, the risk of loss or deterioration of this good will be transferred to the consumer. when the latter physically takes possession of it. According to the current rules of common law, goods travel at the risk and peril of their owner, who is most of the time the customer. In the case of a distance contract, the Court of Cassation had already ruled that the seller who entrusted the delivery of goods to a carrier is solely liable to the customer when the goods were lost during transport. The solution is now valid for all sales concluded by a consumer. The deferral of the transfer of risks on the date of possession contains an exception: the risk will be transferred to the consumer when the goods are handed over to the carrier when he has been charged with the transport by the consumer and the choice does not exist. will not have been proposed by the professional.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and which the carrier can easily access.
When the Customer has himself chosen to use a carrier that he chooses himself, the delivery is deemed to be made upon delivery of the Products ordered by the Seller to the carrier, as soon as he has delivered the Products. sold to the carrier who accepted them without reservation.
The Customer acknowledges that it is the carrier who is responsible for the delivery and has no recourse against the Seller in the event of failure to deliver the goods transported.
In the event of particular request of the Customer concerning the conditions of packing or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be the object of an additional specific invoicing, on estimate previously accepted in writing by the customer.
The Customer is required to check the status of the delivered products.
It has a period of 4 days from delivery to formulate by e-mail, any reservations or claims for nonconformity or apparent defect of the delivered Products (eg damaged package already opened …), with all the justifications y afferents (photos in particular).
If your print arrives damaged or broken, please contact us! We will happily replace it, but we’ll need a picture of the damage. Email us at email@example.com
Requests must be received within 30 days of delivery, and must include a copy of the shipping receipt and photographic proof of the damage for us to review and make a determination whether damage in fact occurred during shipping. If we approve your request for a replacement, we will not charge you for the new print, but you will be responsible for the costs of returning the damaged print to us, plus the cost of shipping the new print to you.
After this period and failing to comply with these formalities, the Products will be deemed compliant and free from defects and no claim may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at his expense, the delivered Products whose defects of conformity or visible or hidden defects have been duly proven by the Customer, in the conditions provided for in these General Conditions of Sale (see guarantees , especially).
ARTICLE 6 – Transfer of Ownership – Transfer of Risks
The transfer of ownership of the Seller’s Products, for the benefit of the Customer, will be realized after full payment of the price by the latter, regardless of the delivery date of said Products.
Irrespective of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto, will not be realized until the Customer physically takes possession of the Products. The Products therefore travel at the Seller’s risk.
ARTICLE 7 – Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or to pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 30 days of notification to the Seller of the Customer’s withdrawal decision.
Returns are to be made in their original condition and complete (packaging, accessories, instructions …) for their return to the market in new condition, accompanied by the invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the website “www.mycrazymarket.com”, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the desire to retract.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Products purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 10 days from the receipt, by the Seller, of Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 – Seller’s Liability – Warranty
The Products sold on the website “www.naowelabt.com” comply with the regulations in force in France and have performance compatible with non-professional uses.
The Products supplied by the Seller are automatically entitled to and without additional payment, irrespective of the right of withdrawal, in accordance with the legal provisions:
the legal guarantee of conformity, for Products apparently defective, damaged or not corresponding to the order,
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is reminded that in the context of the legal guarantee of conformity, the Customer:
– has a period of two years from delivery of the property to act against the Seller;
– can choose between repairing or replacing the ordered Product,
The legal guarantee of conformity applies regardless of the commercial guarantee that may possibly cover the Product.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 20 days from the delivery of the Products or the existence of hidden defects within the deadlines set out below. above and return or return in store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions …).
The Seller will refund, replace or have repaired Products or parts under warranty deemed non-compliant or defective.
The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of receipts.
Refunds of Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 15 days of the Seller finding the lack of conformity or hidden defect.
The refund will be made by credit to the Customer’s bank account or addressed to the Customer.
The Seller’s liability cannot be incurred in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in case of normal wear of the Product, accident or force majeure.
The Seller’s warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
If a contractual guarantee is provided:
The Products purchased on the website “www.naowelabt.com” may benefit, in addition to the legal guarantees of conformity and latent defects of a contractual guarantee pay as indicated in the description of each Product concerned, according to the terms, conditions and tariffs listed attached to these General Terms and Conditions of Sale (Guarantee Agreement).
The contractual guarantees cover “Enumeration of Contractual Guarantees” with the exception of “Enumeration of situations not covered by contractual guarantees”.
Where applicable, the purchased Product also benefits from a manufacturer’s commercial warranty (refer to the conditions of the manufacturer’s warranty, if any, provided in the packaging of the said Product).
ARTICLE 9 – Computer and Freedoms
Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal data that are requested from the Customer are necessary for the processing of his order and the establishment of invoices, including.
These data may be communicated to the Seller’s potential partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website “www.naowelabt.com” has been declared to the CNIL.
The Customer has, in accordance with the European regulations in force, a right of permanent access, modification, rectification and opposition regarding the information concerning him.
This right can be exercised under the conditions and according to the conditions defined on the website “www.naowelabt.com”.
ARTICLE 10 – Intellectual Property
The content of the website www.naowelabt.com “is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a forgery offense.
In addition, the Seller retains ownership of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Customer) for the provision of the Services to the Customer.
The Customer therefore prohibits any reproduction or exploitation of such studies, drawings, models and prototypes, etc., without the express written permission of the Seller, which may condition it to a financial counterparty.
ARTICLE 11 – Unforeseen
The Parties have agreed, within the framework of the provisions of article 1195 of the Civil Code, that a change of circumstances “financial or economic or material” surrounding the conclusion of a sale of the Seller’s products subject to these Terms and Conditions as a consequence “For example, to cause an increase of a price increase of” 30 “euros” will be entirely assumed by the Customer even if these risks would make the execution of its obligations excessively expensive for the Customer all other risks being borne by the other Party.
However, if the change in unforeseeable circumstances during the conclusion of the contract was final or continued beyond 2 months, the present ones would be purely and simply resolved according to the modalities defined in the article “Resolution for Imprévision”.
ARTICLE 12 – Forced Execution in Kind
In the event of default by the party, the defaulting party has the right to demand the fulfillment of the obligations arising from the present. The creditor of the obligation may continue this forced execution after a formal notice, addressed to the debtor of the obligation by registered letter with acknowledgment of remainder unsuccessful, whatever the circumstances and even if there is a disproportion manifest between its cost to the debtor and his interest in the creditor.
It is recalled that in the case of a breach of the obligation of the party to its obligations, the party may be victimized by a third party. the risk of being a member of the party, the risk of being at the risk of being victimized; advance the sums necessary for such execution.
ARTICLE 13 – Exception of non-performance
It is recalled that each Party may refuse to perform its obligation, even though it is due, if the other Party does not execute its own obligation and if such non-performance is serious enough, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic equilibrium. The suspension of execution shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it by the defaulting Party indicating the intention to enforce the non-performance that the defaulting party will not have remedied the breach noted, served by registered letter with acknowledgment of receipt or on any other durable written support to provide evidence of the shipment.
This exception of non-performance may also be used as a preventive measure, if it is manifest that one of the Parties will not fulfill its obligations at the end of its term and that the consequences of such non-performance are sufficiently serious for the Party. victim of the failure.
This faculty is used at the risk and peril of the Party taking the initiative.
The suspension of performance will take effect immediately upon receipt by the alleged defaulting party of the notice of intention to enforce the defective non-performance exception until the alleged defaulting party executes the obligation for which an Failure to do so shall be manifest, served by registered letter with acknowledgment of receipt or on any other durable written support allowing for proof of delivery.
If the impediment was final or continued beyond 30 days, the present ones would be purely and simply resolved according to the modalities defined in the Article Resolution for failure of a part to its obligations.
ARTICLE 14 – Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The party observing the event must immediately inform the other party of its inability to perform its service and justify it to it. The suspension of the obligations cannot in any case be a cause of responsibility for non-performance of the obligation in question, nor to induce the payment of damages and interests or penalties of delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days.
Therefore, as soon as the cause of the suspension of their mutual obligations disappears, the parties will make every effort to resume as soon as possible the normal execution of their contractual obligations. For this purpose, the party prevented will notify the other of the resumption of his obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act. If the impediment is final or exceeds a duration of 30 days, the present will be purely and simply resolved according to the modalities defined in the article “Resolution for force majeure”.
During this suspension, the parties agree that the costs incurred by the situation will be borne by the party prevented.
ARTICLE 15 – Contract Resolution
15-1- Resolution for unforeseen
The resolution for the impossibility of the performance of an obligation which has become excessively onerous may not, notwithstanding the clause for failure of a party to fulfill its obligations set out below, intervene only 10 days after the sending of a bid. stating the intention to apply this Clause
15-5 – Provisions common to resolution cases
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement will be validly put in default by the exigibility of the obligation alone.
The services exchanged between the parties since the conclusion of the contract and until its resolution cannot find their utility only by the complete execution of this one, they will give place to restitution integral.
ARTICLE 16 – Applicable Law – Language
Warning: The contract concluded between a consumer and a professional may be subject to the law of a non-member state of the European Union, but this choice must not deprive the consumer of the protection granted by the mandatory rules of Community law transposed into national law where that contract has a close link with the territory of a Member State.
The ordinance of 14 March 2016 No. 2016-301 on the legislative part of the Consumer Code establishes the identical presumption of a close link between the contract and a Member State in the following cases, in particular (Article L231-1), this list being non-limiting:
the contract was concluded in the Member State of the consumer’s usual place of residence; the trader directs his activity to the territory of the Member State where the consumer resides, provided that the contract falls within the scope of this activity; the contract has been preceded in that Member State by a special offer or publicity and the acts performed by the consumer necessary for the conclusion of the contract; the contract has been concluded in a Member State where the consumer has made a travel or residence offer made directly or indirectly by the seller to induce him / her to conclude the contract. The fact that a trader has turned his activity to a Member State also makes it possible to determine the national court competent to hear an intra-Community dispute relating to a contract concluded by a consumer (Reg 44/2001 of 22-12-2000 art 15, § 1-c) .For the application of this text, it was held that the mere use of a website by the trader is not sufficient to consider that he directs his activity to the Member State of consumer making a purchase through this site (CJUE 7-12-2010 cases 585/08 and 144/09: RJDA 2/11 no. Other clues are necessary, for example the writing of the site in a language other than that of the merchant.
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.
These General Conditions of Sale are written in English. In the event that they are translated into one or more foreign languages, only the English text would be valid in case of dispute.
ARTICLE 17 – Disputes
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give place, concerning their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not have to be resolved between the seller and the customer will be submitted to the competent courts under common law conditions.
The Client is informed that he can in any case resort to a conventional mediation, in particular with the Consumer Mediation Commission or with the existing sectoral mediation bodies, whose references appear on the website “www.naowelabt.com “or any alternative method of dispute resolution (conciliation, for example) in case of dispute.
ARTICLE 18 – Pre-contractual Information – Customer Acceptance
The fact for a natural person (or moral), to order on the Internet site “www.naowelabt.com” entails adhesion and full acceptance of these General Conditions of Sale and obligation to the payment of the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be ineligible against the Seller.
ANNEX I – Provisions relating to legal warranties
Article L217-4 of the Consumer Code:
The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
Article L217-5 of the Consumer Code:
To be fit for the usual expected use of a similar good and, where applicable: to correspond to the description given by the seller and to possess the qualities that he presented to the buyer in the form of a sample or a model to present the qualities that a buyer can legitimately expect with regard to the Dec.
Article L217-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him during the acquisition or the repair of a movable property, a restoration covered by the guarantee, any period of immobilization d at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code:
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price if he had known them.
Article 1648 paragraph 1 of the Civil Code:
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
ANNEX II – Cancellation form
This form must be completed and returned only if the Customer wishes to retract the order placed on “www.mycrazymarket.com” except exclusions or limitations to the exercise of the right of withdrawal according to the applicable Terms of Sale.
In case of withdrawal of your order placed on Naowelabt.com, please contact customer service firstname.lastname@example.org who will tell you the procedure to follow and send you the return form.