Nadia Fakhoury Paris⎜General Conditions

General Conditions

ARTICLE 1 – SCOPE

www.nadia-fakhoury.paris (the “Site”) is published by the company Nadia Fakhoury Paris (the “Company”), a simplified joint-stock company with a capital of €1,500, whose registered office is located at Address Available on Request, registered with the Paris Trade and Companies Register under number 841 911 381 (VAT number FR 43 84 19 11 381), represented by Nadia Fakhoury as the manager.

These General Terms and Conditions of Use and Sale (“CGUV”) define the entire obligations of the parties in the context of using the Site and making purchases on the Site. They are entered into between the Company and any person using the Site and/or placing an order for product(s) via the Site (the “Client”). The Company reserves the right to adapt or modify its CGUV at any time. In case of modification, the applicable CGUV will be those in force on the day of Site use or payment of the order.

If a sales condition were to be missing, it would be considered governed by the practices in force in the sector of distance selling where companies have their registered office in France.

ARTICLE 2 – ACCEPTANCE OF CGUV

The Client declares that they have read and accepted the CGUV without any reservation in the context of using the Site and making purchases on the Site.

ARTICLE 3 – SITE ACCESS

Access to the Site is reserved for adults. The Company reserves the right to request proof of the Client’s age if they use online ordering services.

Access to the Site and its use are strictly reserved for personal purposes. The Client agrees not to use this Site and the information or data contained therein for commercial, political, or advertising purposes.

If the Company considers that the Customer is in material breach of these GTS (including repeated minor breaches), the Company reserves the right to take appropriate remedial action, with or without notice, and in particular reserves the right to suspend the Customer's access to the Site.

ARTICLE 4 – SITE MANAGEMENT

For the proper management of the Site, the Company may, at any time:

Suspend, interrupt, or limit access to all or part of the Site.
Remove any information that may disrupt its functioning or violate national or international laws.
Suspend Site operations for updates.

ARTICLE 5 – RESPONSIBILITIES

The Company’s liability cannot be engaged in case of failure, breakdown, difficulty, or interruption preventing access to the Site or any of its functionalities.

The Client is fully responsible for the connection equipment they use to access the Site.

The Company shall not be held liable for legal proceedings against the Client:

Due to the Client’s use of the Site or any service accessible via the Internet.
Due to the Client’s non-compliance with these CGDV.

The Company is not responsible for damages caused to the Client, third parties, and/or the Client’s equipment resulting from the Client’s connection or use of the Site.

If the Company becomes the subject of an amicable or judicial procedure due to the Client’s use of the Site, it may seek compensation from the Client for all damages, sums, convictions, and costs arising from such proceedings.

The Company may only be held liable in the event of gross negligence or gross negligence duly demonstrated. In any event, it is agreed that the Company's liability is limited solely to direct loss, to the exclusion of any indirect loss.

ARTICLE 6 - HYPERTEXT LINKS

Any information accessible via a hypertext link redirecting to other sites is not under the control of the Company, which declines all responsibility for their content.

ARTICLE 7 – ORDERING PRODUCTS ON THE WEBSITE

The Customer has the option to place an order online, from the online catalog and using the form provided, for any product, subject to availability.

The Customer must accept these General Terms and Conditions of Sale by clicking at the indicated spot.

The order will be considered validated by the Customer when (i) they have clicked on the desired product once to confirm the order and (ii) confirmed the order with a second click after reviewing and, if necessary, correcting the order summary.

Providing the Customer’s credit card number online will be considered final proof of the Customer's agreement and express acceptance of all operations carried out.

An email confirming the acceptance of the order by the Company will be sent to the Customer via email.

The sale will be considered final after the Company has received full payment.

Any order implies acceptance of the price and description of the product as offered for sale on the Website. Any dispute on this point will occur within the framework of a potential exchange and the guarantees mentioned below.

In the event of a problem with the full payment, the order will be automatically canceled, and the Customer will be notified by email.

For any questions regarding order tracking, the Customer should call the Phone Number Available on Request, Monday to Friday from 10 am to 6 pm, or directly via the online contact form.

ARTICLE 8 - EVIDENCE OF THE TRANSACTION

Computerized records, kept in the Company's computer systems under reasonable security conditions, will be considered proof of the communications, orders, and payments between the parties.

ARTICLE 9 - PRODUCTS

The products governed by these General Terms and Conditions of Sale are those that appear on the Company's Website and are indicated as being offered for sale and shipped by the Company. They are offered subject to availability.

If the ordered product is unavailable, the Customer will be informed as soon as possible by email and will have the option to cancel their order. The Customer may then choose to request either a refund of the amounts paid within thirty (30) days at the latest from payment or an exchange of the product.

The essential characteristics of the products are presented on the Website in each product sheet.

The products are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, the Company's liability cannot be engaged. Product photographs are not contractual.

The products offered on the Website are intended for the personal use of the Customers, who are prohibited from any resale, rental, or provision for a fee, partial or complete, of the products to third-party individuals or professionals.

ARTICLE 10 – PRICES

The prices listed on the Website are quoted in euros. They do not include delivery charges, which are invoiced in addition and indicated at the order confirmation. The final price invoiced to the Customer is the one indicated on the order summary. This price is expressed inclusive of all taxes, including VAT for France and EU countries, the price of purchased products, and delivery costs.

The Company reserves the right to modify its prices at any time before the order but undertakes to apply the prices in effect at the time of the order, subject to product availability on that date. The prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the product price.

If one or more taxes or contributions, particularly environmental ones, are created or modified, either up or down, this change may be reflected in the sale price of the products.

ARTICLE 11 - PAYMENT METHOD

The price must be paid on the day of the order placement, in full and in a single payment, and only by credit card. At no time can the amounts paid be considered as deposits or advance payments.

The Company reserves the right to suspend any order management and delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The Company also reserves the right to refuse to make a delivery or honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.

ARTICLE 12 – DELIVERY TIMES

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the Website's homepage, the shipping times will be as indicated below, subject to stock availability.

For deliveries in mainland France, the average delivery time is 2 working days from the day after the Customer receives the Company’s confirmation email.

For deliveries within the European Union, the average delivery time is 3 to 7 days, and for the rest of the world, the average delivery time is 5 to 8 days, depending on the country.

ARTICLE 13 - DELIVERY METHODS

Delivery is understood as the transfer of physical possession or control of the goods to the consumer. It is made only after payment confirmation by the Company’s bank.

The ordered products are delivered according to the following methods: Tracked Colissimo or DHL.

Products can be delivered worldwide.

The products will be shipped according to the method, to the address, and within the delivery time specified in the confirmation email sent to the Customer.

Products are delivered to the address provided by the Customer on the Website, and the Customer must ensure its accuracy. The Customer undertakes to do everything possible to ensure the proper receipt of the products on the day of delivery. The cost of any new delivery will be borne by the Customer.

In the event of an error in entering the delivery address by the Customer, the return and reshipment costs of the product(s) will be borne by the Customer.

The Customer may, upon request, obtain the invoice sent to the billing address rather than the delivery address by selecting the option provided on the order form.

ARTICLE 14 – DELIVERY COMPLIANCE

If the original packaging is damaged, torn, or open at the time of delivery, the Customer must then check the condition of the items.

The Customer must indicate on the delivery note and in the form of handwritten reservations, accompanied by their signature, any anomaly concerning the delivery (damaged package, damaged products, etc.).

The Customer must then confirm these reservations to the carrier by registered mail no later than three (3) working days following the receipt of the items and send a copy of this letter by email to the Company at the following address: nadiafakhouryparis@gmail.com

ARTICLE 15 – RIGHT OF WITHDRAWAL

The Customer may withdraw from their order without having to justify their decision, under the following conditions:

For non-customized products by the Company, they must be returned to the Company within fourteen (14) days following product delivery, to the following address: Address Available on Request. The shipment must indicate that it is a return by the Customer under their right of withdrawal. The return shipping costs will be borne by the Customer. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.). The Company must refund the Customer no later than fourteen (14) days from the date on which the Company effectively recovered the product.

For products customized by the Company at the Customer's request, the right of withdrawal is excluded as the contract is for goods made to the Customer's specifications or clearly personalized in accordance with Article L.221-28 3° of the Consumer Code. No such item can be exchanged or refunded (subject to cases allowing the exercise of one of the guarantees mentioned below).

ARTICLE 16 – LEGAL WARRANTY OF CONFORMITY AND WARRANTY AGAINST HIDDEN DEFECTS AND RETURN PROCEDURE

Nadia Fakhoury Paris, address available on request, is responsible for the conformity of the goods to the contract, allowing the Customer to make a claim under the legal warranty of conformity provided for in Articles L.217-4 and following of the Consumer Code or the warranty against hidden defects of the item sold under Articles 1641 and following of the Civil Code, as presented in Annex 1.

In case of the implementation of the legal warranty of conformity, it is reminded that:

The Customer benefits from a period of two (2) years from the delivery of the item to act;
The Customer may choose between repairing or replacing the item, subject to the cost conditions provided for in Article L.217-17 of the Consumer Code;
The Customer is exempt from proving the existence of the lack of conformity of the item during the two (2) years following the delivery of the item.

The Customer may decide to implement the warranty against hidden defects of the item sold under Article 1641 of the Civil Code. In this case, they may choose between rescinding the sale or reducing the price following Article 1644 of the Civil Code.

The claim can be made, at the Customer's choice:

Phone number: Phone Number Available on Request;
Email address: nadiafakhouryparis@gmail.com

Upon receipt of the claim, the Company will assign an exchange number for the product(s) concerned and communicate it to the Customer by email. An exchange of a product can only take place after the exchange number has been assigned.

Any product to be exchanged or refunded must be returned to the Company in its entirety and in its original packaging, via Registered Colissimo, to the following address: Nadia Fakhoury Paris, Address Available on Request.

Return costs are borne by the Company.

If the Customer wishes to be reimbursed, the Company must reimburse the Customer, including delivery costs, no later than fourteen (14) days from the date on which the Company effectively recovered the product. The reimbursement will be made by bank transfer to the card used to pay the initial invoice.

ARTICLE 17 - FORCE MAJEURE

Any circumstances beyond the parties' control that prevent the performance under normal conditions of their obligations will be considered grounds for releasing the parties from their obligations.

The party invoking such circumstances must immediately notify the other party of their occurrence and disappearance.

Expressly, force majeure includes those usually retained by the jurisprudence of French courts and tribunals.

All obligations of the parties will be suspended for the duration of the force majeure event, without indemnity. If the force majeure event persists for more than three (3) months, the contract concerned will be automatically terminated without indemnity for one or the other party.

ARTICLE 18 - INTELLECTUAL PROPERTY

The content of the Website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

In addition, the Company retains ownership of all intellectual property rights in the photographs, presentations, studies, designs, models, prototypes, etc., made (even at the request of the Customer) for the provision of the Services to the Customer. The Customer, therefore, refrains from reproducing or exploiting the said studies, designs, models, and prototypes, etc., without the express, written, and prior authorization of the Company, which may condition it on a financial counterpart.

ARTICLE 19 – PERSONAL DATA

The personal data provided by the Customer is necessary for processing their order and issuing invoices.

They may be communicated to the Company's partners responsible for the execution, processing, management, and payment of orders.

The processing of information communicated via the Website has been declared to the CNIL.

The Customer has a right to access, modify, rectify, and delete data concerning them, under the Data Protection Act of January 6, 1978.

ARTICLE 20 - DISPUTES

All obligations of the parties under these General Terms and Conditions of Sale are subject to French law.

ARTICLE 21 - APPLICABLE LAW - LANGUAGE

These General Terms and Conditions of Sale and the operations resulting from them are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French. If they are translated into one or more foreign languages, the French text alone will prevail in case of dispute.

ARTICLE 22 - LITIGATION

For all disputes arising from purchase operations and sales carried out under these General Terms and Conditions of Sale, the parties undertake to seek an amicable solution before any legal action.

If a dispute arises between the parties, the parties must resolve the dispute amicably before any judicial resolution.

Failing this, all disputes to which the operations concluded under these General Terms and Conditions of Sale could give rise, concerning their validity, interpretation, execution, termination, consequences, and aftermath will be submitted to the competent courts under the conditions of common law.

ARTICLE 23 - MISCELLANEOUS PROVISIONS

The fact that the Company does not avail itself at a given moment of any one of the provisions hereof may not be interpreted as a waiver of any subsequent application of these provisions.

In the event that any provision of these General Terms and Conditions of Sale is declared invalid or inapplicable for any reason whatsoever, the other provisions shall remain applicable without modification.

ANNEX 1 - PROVISIONS RELATING TO LEGAL WARRANTIES

Article L.217-4 of the Consumer Code

"The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when it has been made its responsibility by the contract or has been carried out under its responsibility."

Article L.217-5 of the Consumer Code

"The goods conform to the contract:

1. If it is suitable for the use usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's knowledge, and accepted by the latter."

Article L.217-12 of the Consumer Code

"The action resulting from the lack of conformity is limited to two years from the delivery of the goods."

Article L.217-16 of the Consumer Code

"When the buyer asks the seller, during the course of the commercial warranty granted to them during the acquisition or repair of movable property, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention 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 warranty for hidden defects of the thing sold that render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lower price if they had known about them."

Article 1648 of the Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of being time-barred, within one year from the date on which the seller can be discharged of apparent defects or lack of conformity."