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Before ordering a product on sale by Nusya, we would kindly ask you to carefully read the following general terms and conditions of sale and use (hereinafter "General conditions")
The general conditions are concluded between the company Nusya SARL with the capital of 4500 € directed by Sunay Céline IKIZER, registered with the RCS of Paris under the number 829 557 206 domiciled at 37 rue Dauphine 75006 PARIS, and on the other hand the people named "buyer" wishing to make a purchase on the site www.nusya.com.
The present general conditions are aimed at defining the rights and duties of the parties involved as part of the online sale of the products offered by the Nusya company. They express the totality of the duties of all parties. No general or specific condition appearing in the documents sent by you or given to you from a third party can be incorporated in the following.
Any order holds for the unconditional acceptation of our general conditions. In this regard, you will be invited before any order to acquaint yourself with those general conditions and approve the content of it.
You maintain the ability to save or edit the current general conditions, knowing that the registration and edition of this version of the document is your responsibility.
You declare having the full judicial capacity to commit to the following general conditions.
Article 1 : Order
To order on Nusya.com you must be registered. We will be providing you a login and a password.
Any order on the website is made through an order form. The order form can be made on the "Your shopping cart" heading.
In order to be taken care of, your shopping cart must be validated by clicking the "Validate" button.
If not, the articles placed in the shopping cart will be put back on sale.
After having pressed the "Validate" button, during the ordering process, and after having checked your order in the content of the order, and when necessary, having modified it, you declare fully and unconditionally accepting the totality of the current General Terms and Conditions of Sale.
After having confirmed the content of your Order, you will validate it permanently by paying for it. The Order will only be concluded after the payment of the corresponding amount.
Nusya will send you a confirmation without undue delay at the email address specified on the order form, specifying the details of the order and mainly the amount of it.
The products presented on Nusya.com are only available so long as the stocks last.
Nusya also reserves the right not to confirm an order if the latter contains erroneous elements (price, descriptive, picture...), if the product is no longer available, or generally, because of circumstances damaging to the execution of the requested order.
In that case, you will have the possibility to request either the refund of the amount paid for the order of that product, within maximum 30 days following the notification of that information, or the exchange of the product.
In case of request for refund within the agreed delay, the amount being already paid, Nusya will proceed to the full refunding of the amount, within thirty days following the request for refund, through a re-crediting of the debited account.
Article 2 : Products
Nusya puts on sale products and describes, within the limits of the information provided by its supplier, the characteristics necessary for you to know before making the final order. In case of defaulting characteristics or product, you can return the product or request its refund according to the article 8 of the present conditions.
The pictures and descriptive texts of the products are as accurate as possible, but are not binding in any way to Nusya in case of errors.
Article 3 : Price
Prices are shown in euros and are only valid at the confirmation of the order form (acceptance click in the "Your shopping cart" heading). Prices shown include the VAT at the applicable amount. If the VAT were to be modified, that change could affect the prices of the product without previous notification of the Buyer.
Nusya reserves the right to modify its prices at any time, but the products will be billed in accordance with the applicable tariffs during the registration of the orders.
The delivery costs will be billed separately and will be added to the total price of the order. The amount of the delivery costs is shown before the validation of the order.
Article 4 : Payment
Any payment implies the acceptance of the general conditions of sales set by Nusya, of the prices, the nature and the description of the products.
The payment of the full amount of the price is made before the dispatching of the order.
The products remain the property of Nusya until the full settlement of the buyer. In case of payment default by the buyer of part or of all the price of the order, Nusya reserves the right of property of the sold products until the full payment. Upon failure of the payment, any installment will be kept by Nusya as down payment.
To settle the order, you must possess a VISA, CB, or Mastercard bank card. You commit to being allowed to use the chosen payment method.
Nusya reserves the right to postpone any management of the order or delivery in case of refusal of payment authorisation from the officially accredited organisms or in case of failure of payment. Nusya specifically reserves the right to refuse to ship or fulfil an order if you have not partially or totally payed for an order, or in case of an ongoing litigation regarding one of your payments. In such cases, Nusya can in no way be held responsible
Article 5 : Proof of transaction
It is expressively agreed that, except for obvious and confirmed error, the data archived in the Nusya and/or Partners information system has probating value in terms of communication, order and payments taking place between parties. The data contained on IT or electronic support kept by Nusya.com constitute evidence and if they are presented as evidence by Nusya.com in case of litigations or else, they are admissible, valid and opposable in the same way, the same terms, in the same conditions and in the same probating force as any other established, received or safeguarded written document. The archival of the order forms and receipts is made through a trustworthy and durable support to be used as evidence.
Article 6 : Available products
All the items put on sale on Nusya.com are available in our headquarters. However, in case of unavailability of an ordered product, mainly because of an error from our supplier, you will be informed as soon as possible via email and you will have the option to cancel your order. You will then have the possibility, according to article L 121-20-3 of the Code de la consommation, to request either the refund of the instalments made for the order of the product, or to be delivered a product of equivalent price and quality, so long as stocks last.
In case of request for a refund within the due date, the payment being already installed, Nusya will proceed to the full refund of the sum, within thirty days after the request of refund, through a re-credit of the debited account.
Article 7 : Delivery Modalities
The products are shipped with the invoice to the address indicated by the buyer. You can request an invoice featuring an address different from the delivery one by validating the option made for such purpose.
The shipment (and not delivery) date of your orders is communicated to you at each purchase.
As a general rule, and unless stated otherwise, Nusya will endeavour to execute all means to respect an average delay of delivery of 72 hours starting from the full payment of the order, and either way, within 30 days.
It will then be handed to the consignee, or to any other person present at the designated address against signature on receipt. In case of absence, a delivery notification will be left in your post box.
You will then have a delay of fifteen (15) days to withdraw your parcel from your post office.
The shipment number specified on your delivery notification and on the email of departure from our headquarters will allow to follow online on the www.coliposte.net website the transit of your parcel.
If your parcel is sent by a carrier and that your absent, s/he will leave you a delivery notice on which you will find a contact number so that you can arrange together a new delivery date.
In both cases, without any sign from you within the 15 days following the delivery notice that was left to you, your parcel is sent back to us.
As soon as we receive it in our headquarters, we will contact you to confirm your address and decide on a new date of delivery as soon as possible.
The shipping costs are on us, for the first forwarding only.
Article 8 : Delivery mistakes – Damages parcels - Complaints
It is imperative that you refuse accepting any damaged parcel (box presenting obvious marks of openness and/or deterioration). Indeed, the parcels leaving the Nusya.com headquarters are always perfectly packed.
If the parcel is damaged and that your warden has accepted it, the parcel is considered as "accepted as such".
If no reservations have been expressed, we will not be able to take account of possible disappearances.
In case of absence the day of the delivery, it is your responsibility to let the people who might receive the parcel for you know those modalities.
In any case, you must inform Nusya.com the day of the delivery or at the latest the second working day, of any delivery errors, visible defects and/or non-conformity of the products in nature or quality compared to the description in the order form, by expressing a direct request via email in the "contact" heading. Any request made after the delay will be declined.
As soon as we receive your complaint, we will be sending you an email with more information on the procedure to follow.
If the mistake is ours, we will be sending you by post a Colissimo Suivi Retour tag to allow you to return the parcel without shipping costs for you. You just have to stick that tag on the parcel.
When we receive your parcel, we will be checking the product for any actual sign of defect on the product or mistake of our own. From then, the refund will take place within a delay of 3 to 8 days.
If your card has a deferred debit, the refund will be made at the end of the ongoing month. In the case where the refund takes longer than expected, we advise you to get in touch with your bank.
Article 9 : Products warranty
-Legal warranty (Article 1641 and following of the Code Civil):
Nusya, depending on your choice, commits to either refund the price of the product, or exchange for another of equivalent price and quality so long as stocks last, in case of delivery of a nonconforming product and in case of delivery of a product or service presenting a hidden defect.
For any request of the kind, you must follow the procedure laid out in article 8 of the present general conditions.These provisions are not prevented from the right of withdrawal defined below in article 10.
-Warranty disclaimers.
The products or services that have been modified, repaired, integrated or added by yourself or any other person unauthorized by the supplier of the product or service in question are excluded from warranty. The warranty cannot apply to obvious defects. The warranty does not apply to products or services damaged during shipping or due to ill-use.
Article 10 : Right of withdrawal
Under the law L. 121-20 of the Code de la consommation, you have a delay of 7 working days to return, at your sole risk and expenses, any product that you deem unsuitable. This delay starts from the day of receipt of the order. If that delay expires on a Saturday, Sunday, or holiday, it is extended to the following first working day.
Furthermore, certain products and services defined in the article L. 121-20-2 of the Code de la consommation are not covered by the right of withdrawal.
Such exemptions specifically include products created according to your requests or clearly personalized ones. Such right of withdrawal can be asserted without any penalty.
However, the onus of the expenses and risks of the re-shipping of the product are on you.
The products subject to the right of withdrawal must imperatively be returned to Nusya at the following address: 37 rue Dauphine 75006 PARIS.
Such products must be returned as new and ready to be put back on sale, in their original packaging and accompanied of all accessories.
The returned products that will turn out to be incomplete, used, flawed or damaged will be subjected to a financial reassessment estimated by our customer service that could attain up to 90% for any returned product which is broken or flawed by the consumer.
As soon we receive and register the product in our warehouses, you will automatically receive two emails:
1. The first will inform you of the acceptance of the return
2. The second will specify the refund total.
From then the refund will take place within a delay of 3 to 8 days. If your card has a deferred debit, the refund will be made at the end of the ongoing month. In the case where the refund takes longer than expected, we advise you to get in touch with your bank.
Article 11 : Electronic Signature
The "validate" button in the order form represents an electronic signature that has, between the parties involved, the same worth of a handwritten signature.
Article 12 : Force majeure
Neither of the parties will have failed to fulfill their contractual obligations as long as their execution will be delayed, impeded or obstructed by a fortuitous event or force majeure.
The cases to be considered as fortuitous events or force majeure include all uncontrollable facts or circumstances external to the parties, unpredictable, unavoidable or independent of the will of the parties, and that cannot be impeded by the latter, despite all possible reasonable effort.
The part affected by such circumstances will notify the other within ten days starting from the day of awareness of such circumstances. The two parties will then meet, within a month, except impossibility due to the case of force majeure, to examine the impact of the event and to agree on the conditions upon which the execution of the contract will be carried on. If the force majeure lasts for more than three months, the present general conditions can be rescinded by the aggrieved party. Nusya will take charge for the refund of the customer's order.
The cases expressly considered force majeure or fortuitous cases include, apart from the ones captured by the ongoing jurisprudence and the French tribunals: the blocking of means of transport and supply, earthquakes, fires, storms, floods, thunders; the interruption of communication lines or own difficulties of the telecommunication networks external to the customers.
Article 13 : Responsibility
Nusya cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, specifically a service interruption, an exterior intrusion or the presence of online virus, or of any fact qualifying as force majeure.
In the event that Nusya could be held responsible for a direct damage that would affect you, the compensation that you could request could not exceed the amount of the order involved in the damage.
Article 14 : Illegality and partial non-invocability
If one or more stipulation in the present general conditions are deemed illegal or non-imposable when enforcing a law, a rule or following the final decision of a competent jurisdiction, the other stipulations will retain their full force and effect.
Article 15 : Non-waiver agreements
The failure of a party to pursue any breach of the obligations stipulated in the present General Terms and Conditions is not construed as a waiver of the obligation concerned.
Article 16 : Governing Law
The present general conditions are subject to French Law. This applies both to substantive and procedural rules. In case of dispute or claim, the consumer will apply primarily to the Nusya company to reach an amicable solution.
Article 17: Use of personal information
All information required is necessary for the processing of orders and will be communicated to contractual partners of the Nusya company invovled in the fulfillment of orders.
You may contact the Nusya company at the following address: 37 rue Dauphine 75006 PARIS, to refuse the communication of said details, or to exercise your right to access and modify the informations concerning you and held in Nusya company registers, under the conditions provided for in the January 6, 1978 Data Protection Law.