GENERAL CONDITIONS OF SALES
GENERAL CONDITIONS OF SALE
NOCES DOREES, 883565343 00018, hereinafter referred to as "the Seller", is engaged in the sale of wedding dresses.the Parties agree that their relations will be governed exclusively by the present contract, to the exclusion of all conditions previously available on the Seller's website.the Seller reserves the right to modify at any time the present GTC by publishing a new version on the Site. The Parties agree that the photos of the Goods on sale on the NOCES DOREES sales site have no contractual value, and are communicated for information purposes only.
2. - Purpose of the contract
The present contract has for object to define the rights and obligations of the parts within the framework of the remote sale of goods proposed by the salesman to the customer. It is valid as a contract between the two parties, and prevails over all contracts induced by means of payment (e.g. Alma, Mollie etc.).
3. - Recipients of the offers
The seller's offers are exclusively reserved for buyers acting in a professional capacity and for consumers or non-professionals. The purchase by a company requires the provision of a SIRET.
4. - Definitions
The terms and expressions mentioned below shall mean, when preceded by a capital letter, for the purposes of interpretation and execution of these terms:
"Item": the item or items that were the subject of the order;
"Goods" means any product offered for sale on the Site;
"Order": a request for Goods made by the Customer to the Seller; "GTC": the General Terms and Conditions of Sale which are the subject hereof;
"Agreement": the present document, including its preamble and annexes, as well as any modification, substitution, extension or renewal made thereto by virtue of the agreement of the Parties;
"Delivery Time": 12 weeks from the date of Order Confirmation with payment, measurements and the date of Delivery of the Order to the Customer; the date on which the last item was supplied is the reference date; the time may be extended due to Covid, the Seller is in no way responsible for the health situation that may delay the delivery time; In exceptional cases, the last time may be up to the day before the wedding/event.
"Delivery costs": cost of the expenses incurred to send the Order to the delivery address indicated by the Customer;
"Delivery": means the dispatch of the Item to the Customer;
"Delivery Method" means any standard or express delivery method available on the Site at the time of the Order;
"Price": the unit value of an Item; this amount is exclusive of tax;
"Total Price": the total amount of the cumulative Prices of the Goods covered by the Order; this amount includes all taxes;
"All-Inclusive Price" means the Total Price plus the price of the Delivery Charges; this amount is inclusive of all taxes;
"Order Confirmation": means the final acceptance by the Customer of the Order, after having checked the terms and conditions and the price, and after having corrected any errors; this validation can be done online or by paper mail. The client has 48 hours to correct any errors, omissions or changes;
"Online sale": marketing of the Seller's Products via the Site;
5. - Opposability of the general conditions of sale
The Customer declares that he/she has read and understood the present General Terms and Conditions of Sale, which are indicated on the Sales Order confirmation by a link. The validation of the Order thus implies the acceptance without restriction or reserve of the present GTC.
6. - Entry into force
This Agreement shall come into force on the date of confirmation of the order. The Contract is concluded for the duration necessary for the supply of the Goods, until the expiry of the guarantees and obligations owed by the Vendor.
7 - Seller's Liability
The Vendor shall not be held liable for any direct or indirect consequences affecting the Customer as a result of the use of the site. The Customer cannot claim any compensation in case of impossibility to access the site and/or to place an order.
8. - Conclusion of the online contract :
The customer commits to have his products custom-made, within a delivery period of minimum 12 weeks, except for incidents/delays due to Covid.
9. The delivery will take place at the delivery address indicated by the Customer at the time of his order or by collection at the Show Room.
When payment is made by credit card, the transaction is immediately debited from the customer's account after verification of the customer's data, upon receipt of the debit authorization from the company issuing the credit card used by the customer.In accordance with Article L. 132-2 of the French Monetary and Financial Code, the payment commitment given by means of a credit card is irrevocable. By communicating his credit card information, the Customer authorizes the Seller to debit his credit card for the amount corresponding to the All-Inclusive Price.To this end, the Customer confirms that he is authorized to use the credit card to be debited. In the event that it is not possible to debit the All-Inclusive Price, the Online Sale shall be immediately terminated and the Order cancelled.
Delivery costs can be stated and debited later for a price that is more favourable to the client and respectful of the product (weight of the product, specific packaging etc).
11. - Delivery of the order
11.1. Mode of delivery
The Customer chooses one of the delivery methods offered on the Site or on the Order Form when placing the Order.
11.2. Delivery address
The Customer chooses a delivery address. Customer shall be solely responsible for any failure to deliver due to a lack of information at the time of placing the Order, and for any customs duties or other charges outside of those stated by the Seller.
11.3 Amount of the Delivery Costs
The amount of the Delivery Costs depends on the amount of the Order and the delivery method chosen by the Customer. In any event, the amount of the Delivery Charges shall be indicated to the Customer before delivery and in the Order Confirmation when the delivery price is known.
11.4. Delivery times are in working days and correspond to the average time required to prepare and deliver the Order. Delivery times shall run:- Either, in the absence of a Printed Order, from the date of the Order Confirmation with reference date by the Seller, from the date of receipt by the Seller of the Order accepted by the Customer.
11.5 Delay in delivery
In the event of late delivery, the Order shall not be cancelled. The Seller is not responsible for external conditions.
11.6 Tracking of Delivery: The Customer can track the progress of his delivery using the tracking number given to the Customer.
11.7 Verification of the Order upon arrival: The Customer is required to check the condition of the packaging and the items upon delivery, and is responsible for making any reservations and claims he/she deems necessary, or even refusing the package if it is obviously damaged upon delivery. Such reservations and claims must be addressed to the carrier by registered letter with return receipt requested within three working days, not including holidays, following the date of delivery of the Goods. The Customer must also send a copy of this letter to the Seller. If no claim is made within the aforementioned period, any action against the carrier/seller shall be extinguished in accordance with Article L. 133-3 of the French Commercial Code. The Customer must ensure that the Goods delivered to him/her correspond to the Order. In the event that the Goods do not conform in kind or quality to the specifications set forth in the delivery order, the Customer shall notify the Seller by e-mail and return the Goods to the address indicated on the delivery order within the same time period as set forth above.
12. - Marking and drawings
The prices indicated on this site are inclusive of tax, with or without marking. In some cases, the marking can be made in several colors.
The drawings are not contractual but are indicative. Modifications and retouching are not included in the service. The buyer is requested to maintain his weight after taking/sending measurements.
13. - Guarantee of reproduction
By ordering at Nocesdorees, the customer accepts the conditions of reproduction for the dresses that he asks to realize. The Customer recognizes that the dresses whose reproduction is made via photo/video or other contents taken for inspiration will be made to measure, and will not be reproduced identically to avoid the theft of rights. The seller reserves the right to refuse the realization of dresses that do not correspond to the ethics of the seller.
A reproduction can not be identical but very strongly inspired. The difference in measurements, fabrics and other modifications can make a reproduction different. The customer cannot expect to get an identical result for the affordable price offered. The Customer is invited to buy directly from the original Designer if he/she wishes to obtain a 100% identical result.
14. - Modification of the contract
Any modification, termination or abandonment of any of the clauses of this agreement will only be valid after agreement between the parties.
15. - Independence of the parties
Neither party may make commitments in the name and/or on behalf of the other party. Furthermore, each party remains solely responsible for its own claims, commitments, services, products and personnel.
16. - Non-Waiver
The failure of either party to take advantage of a commitment by the other party with respect to any of the obligations set forth herein shall not be construed as a waiver of such obligation for the future.
17. - Agreement on Evidence
The parties undertake to exchange between them on all media.
However, in case of difficulty, they agree to give priority to the evidential value of the communication media used between them, according to the following decreasing value
- message in electronic form, bearing the electronic signature referred to in Article 1316-4 of the Civil Code
- message on paper, in original and with a handwritten signature
- faxes with a handwritten signature
- messages on electronic media without an electronic signature
They also agree that the use of the LRAR can be done either in paper form or in electronic form but via a platform that complies with the legal value according to the Alur Law and the decree of July 2, 2020.
19. - Withdrawal - Cancellation - Refund
As each order is made to order and custom-made, the customer cannot cancel or be refunded. By confirming the order with payment, the customer agrees to accept the general conditions of sales, thus, to waive his rights of withdrawal.
It will only be possible to refund an unsatisfied customer if none of the points notified in the order confirmation have been fulfilled by the seller.
20. - Applicable law and jurisdiction
The present contract is governed by French law.
All disputes that may arise during the formation, execution or termination of the contract shall be submitted to the Commercial Court of Besançon, even in case of multiple parties, appeal in guarantee or provisional measures.
Acceptances, drafts, mandates, port conditions, do not bring any novation or derogation to this clause.