Article 1: object
The general conditions of sale described below detail the rights and obligations of the company NAGY TRADING SAS and its customer in connection with the sale of goods sold on the Niches-pro.com site.
The Niches-pro.com website is a service of NAGY TRADING SAS:
The customer declares that he has read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.
Article 2: Product Information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable. The photographs of the products are not contractual.
Article 3: Price
The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated inclusive of all taxes. They will be increased by the transport costs applicable on the day of the order.
The seller grants himself the right to modify his prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Article 4: Methods of payment
This is an order with payment obligation, which means that placing the order involves payment by the buyer. To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller's site. The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. . The payment of the price is made in full on the day of the order, according to the following methods: by credit card.
Article 5: Delivery
Delivery is made to the address indicated by the buyer when ordering, within the geographical areas served.
Delivery times are provided for informational purposes only. In accordance with Article L216-1 of the French Consumer Code, the seller undertakes to deliver the goods on the date or within the period indicated at the time of ordering, and at the latest within 30 days from the validation of the order.
The transfer of risk occurs when the buyer takes physical possession of the products.
In the event of a damaged package during delivery, the buyer is advised to make a claim with the carrier and inform the seller as soon as possible.
Package not collected, refused or returned to the seller:
In the event of a package not being collected by the customer (for example, failure to collect from the relay point, refusal of delivery without valid reason, incorrect address provided by the customer or repeated absence upon delivery), the order is considered cancelled after the package has been returned to Niches-Pro.
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Individual customers:
The refund of the order amount will be made less the actual outward and return shipping costs, upon receipt of the returned package in good condition. These costs correspond to the costs actually invoiced by the carrier for shipping and returning the product.
No refund will be made if the product is returned damaged or incomplete.
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Professional customers:
No right of withdrawal is applicable in accordance with article L221-3 of the Consumer Code.
In the event of non-receipt or refusal of delivery without valid reason, the full amount of the order remains due, as well as any return costs invoiced by the carrier.
In all cases, the customer is invited to carefully check the delivery address and follow the package tracking provided upon shipment.
Delivery errors
The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the indications. listed on the purchase order. Any complaint made after this period will be rejected.
The complaint can be made by e-mail. Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
In the event of a delivery error, any product concerned must be returned to the seller as a whole and in its original packaging to the seller's address. Return costs are the responsibility of the seller.
Article 6: Pricing error
In the event of an obvious error in the displayed price (of the product or of the delivery), making the cost of the service or the good "derisory" given its real value, the seller reserves the right to cancel the transaction.
Article 7: Product Warranty
The seller guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code or the guarantee against defects. hidden from the thing sold within the meaning of articles 1641 and following of the civil code.
In the event of implementation of the legal guarantee of conformity, it is recalled that the buyer has a period of 2 years from the delivery of the goods to act, and can choose between the repair and the replacement of the goods not compliant. In the event of an obvious cost difference between the 2 options, the seller may impose the less expensive option.
In addition, the buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between rescinding the sale or reducing the price in accordance with article 1644 of the civil code.
In both cases, the buyer must send his request to the seller by registered letter with acknowledgment of receipt.
Article 8: Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased will be reimbursed. Return and delivery costs remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not taken back, refunded or exchanged. The right of withdrawal can be exercised by sending the seller a registered letter with acknowledgment of receipt.
Article 9: Force major
The responsibility of the company NAGY TRADING cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Article 10: Rights of Use
The use of the brands present on the site is strictly prohibited.
The logos, images and brands relating to other companies or products mentioned or used on the site are the respective property of their authors.
Article 11: Applicable law
These general conditions are subject to the application of French law. The competent court is the district court for disputes is the Commercial Court of Amiens. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
Article 12: Mediation
In the event of a dispute, if you have not been able to resolve your dispute after sending us a written complaint (letter or email) , dated, recalling the circumstances that gave rise to the dispute and what you are claiming, you may refer the matter to the consumer mediator, designated below , if you have received a negative written response from us or no response two months after sending your complaint.
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has implemented a consumer mediation system. The designated mediation entity is: SAS MÉDIATION CONSOMMATION DÉVELOPPEMENT. In the event of a dispute, any consumer may submit their complaint on the website:
https://www.medconsodev.eu
or by post by writing to:
MEDIATION CONSUMPTION DEVELOPMENT
C/O Centre d'Affaires Stéphanois SAS – Immeuble l'Horizon – Esplanade de France – 3 rue J. Constant Milleret – 42000 SAINT-ETIENNE
