GENERAL TERMS AND CONDITIONS OF SALE – NAHUA

Online sale of products of the “NAHUA” brand by the company EURL LPH.

These general terms and conditions of sale apply between:

LPH (Trade Name: NAHUA), EURL LPH with a share capital of €2,550, whose registered office is located at Lieu-dit Bouscarrat – 46150 Saint-Denis-Catus – FRANCE, registered with the Cahors Trade and Companies Register (RCS) under No. 749 975 686, NAF code 4642Z, EU VAT No. FR42 749975686, publisher of the website www.nahua-accessories.com,

Hereinafter referred to as “NAHUA”.

And:

Any person making a purchase on the website www.nahua-accessories.com,

Hereinafter referred to as the “Customer”.

The Customer declares that they have capacity to enter into this agreement, i.e., have reached the legal age of majority and are not under guardianship. Placing an order by the Customer implies irrevocable acceptance of these general terms and conditions of sale. The sales contract is governed by French law.


1. Validity of Offers

The offers are intended solely for consumers with a delivery address in countries where NAHUA provides delivery via a transport service provider.

The products displayed on the site are offered subject to available stock. In the event of a charge or collection relating to an order for an unavailable item, NAHUA undertakes to reimburse the Customer within 15 days. NAHUA undertakes to notify by email any Customer who has placed an order for an unavailable item.


2. Product Presentation

The products offered for sale are described and presented as accurately as possible. However, should any errors or omissions occur in this presentation, NAHUA cannot be held liable.

The photos representing our products are for indicative purposes only. These photos, as well as the texts illustrating the products, are not contractually binding.

All NAHUA products are handmade by our artisans and crafted with the utmost care. Differences in colors, shapes, or textures may appear under a single reference, which gives NAHUA accessories their unique character.

Due to supplier constraints, NAHUA may deliver to the Customer an item with a slightly different composition from that described, but in all cases of equal or superior quality to the item ordered.


3. Prices

The prices shown on the site or online boutique are expressed:

  • Inclusive of all taxes (VAT included).

Any duty, tax, or other charge payable under French regulations is borne by the buyer.

Products are supplied at the price in force at the time the order is placed. Prices are indicated in Euros.

Prices are exclusive of the flat-rate contribution to shipping and packaging costs, which remains at the Customer’s expense, except in the case of a temporary or permanent promotional offer.

Prices are guaranteed subject to typographical or printing errors. They may be changed at any time without notice, particularly in the event of changes to fiscal or economic data. Items will be invoiced based on the rates in force on the date the order is recorded.


4. Terms of Payment

NAHUA accepts the following means of payment: Carte Bleue, Visa, MasterCard, PayPal.

NAHUA does not accept payment by cheque. For bank transfer payments, please contact Laurent at: backoffice.nahua@gmail.com


5. Retention of Title

NAHUA retains title to the goods until full payment of the price by the buyer. This right of reclamation applies both to the goods and to their price if they have already been resold (Law of 12 May 1980).


6. Acceptance of the Offer

Any order constitutes express and irrevocable acceptance of the prices and descriptions of the products available for sale. Validation of the order by the Customer constitutes acceptance of these general terms and conditions of sale.


7. Invoice

The invoice is sent to the email address provided when ordering and is also available in the “My Account” area of the site. It is issued in accordance with the pricing in force on the day the order is placed. NAHUA disclaims any liability for input errors.


8. Delivery & Transport

The seller is authorized to make deliveries in whole or in part.

Products purchased by the Customer will be dispatched within a period ranging from 48 hours to a maximum of seven (7) days to the address indicated by the Customer when ordering on the Seller’s site. The Seller undertakes to use its best efforts to dispatch the products ordered by the Customer within the above timeframes. However, these timeframes are provided for information purposes only, and any overrun shall not give rise to damages, withholding, or cancellation of the order by the Customer.

Shipments are then handled by a transport service provider that ensures delivery to the delivery address indicated by the Customer, or to the pick-up point selected by the Customer.

The delivery times indicated on our site are provided to us by the transport service providers and are for guidance only. Exceeding these timeframes may not, under any circumstances, be held against NAHUA, nor give rise to termination of the contract or any compensation for damages.

Transport risk passes to the Customer as from the time the goods leave the warehouse. The Customer must check the condition of the packaging and the conformity of the delivered items and immediately notify NAHUA of any anomaly, where applicable. Any reservations must be noted on the delivery slip presented by the carrier and must be sent within 48 hours by email to: backoffice.nahua@gmail.com

The goods are shipped from Metropolitan France. If the country of delivery is outside the European Union, customs duties may be payable by the Customer at the time of delivery.


9. Returns & Right of Withdrawal

If one or more items are unsuitable, the Customer has a period of 14 days from the date of delivery of the goods to exercise the right of withdrawal from the order. The postmark or the date on the notice of availability constitutes the start date of this period. The return or cancellation may concern all or part of the order.

Refunds are made within a maximum of 20 business days from receipt of the returned goods, by re-credit to the payment method used at the time of purchase and after verifying the good condition of the item and its packaging. Damaged products, or products returned incomplete, worn, or soiled, will neither be taken back nor refunded.

After the 14-day period from delivery, goods will neither be taken back nor refunded.

Product exchanges are not possible, only refunds.

For all orders placed during the month of December, the return period is exceptionally extended until 15 January of the following year.


10. Obligations of the Parties

NAHUA, upon acceptance of an order, undertakes to sell and deliver to the Customer the product(s) ordered by the latter under the terms and conditions specified above.

NAHUA undertakes to ensure that the products comply with French regulations.

The Customer undertakes to provide NAHUA with an address at which delivery can be made. The provision of personal information (name, address, telephone number, email address, etc.) collected for the purpose of entering into the sales contract is mandatory. This information is essential for processing and dispatching orders and issuing invoices. Failure to provide this information will result in non-validation of the order. In the event of an error in supplying such information, NAHUA cannot be held responsible for the impossibility of delivering the product. In such case, the Customer remains liable for payment. If an incomplete address is provided resulting in failure of delivery by the transport service provider, the Customer must pay the shipping costs corresponding to the re-dispatch of the order.


11. Warranty

All our products benefit from a legal warranty of 1 year if the product has been worn under normal conditions of use and the care instructions indicated on our site have been followed.

See the section “How to care for a NAHUA piece of jewelry or accessory”.


French Consumer Code

Article L211-4
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter has been made their responsibility by the contract or carried out under their responsibility.

Article L211-5
To conform to the contract, the goods must:

  1. Be fit for the use ordinarily expected of similar goods and, where applicable:
    • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
    • present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer, or their representative, including in advertising or labelling;
  2. Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.

Article L211-9
In the event of lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer’s choice if that choice entails a cost that is manifestly disproportionate compared to the other option, having regard to the value of the goods or the significance of the defect. In that case, the seller is obliged to proceed, unless impossible, according to the option not chosen by the buyer.

Article L211-10
If repair and replacement of the goods are impossible, the buyer may return the goods and obtain a refund of the price or keep the goods and obtain a partial refund.

The same option is available to them:

  • If the solution requested, proposed, or agreed upon under Article L. 211-9 cannot be implemented within one month following the buyer’s claim;
  • Or if that solution cannot be implemented without causing major inconvenience to the buyer, given the nature of the goods and the use they are seeking.

Termination of the sale may not, however, be pronounced if the lack of conformity is minor.

Article L211-11
Application of the provisions of Articles L. 211-9 and L. 211-10 shall take place at no cost to the buyer.

These provisions do not preclude the award of damages.

Article L211-12
Actions resulting from lack of conformity are time-barred after two years from delivery of the goods.


French Civil Code

Article 1641
The seller is bound by the warranty on account of hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lesser price, if they had known of them.

Article 1648 paragraph 1
An action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.


12. Personal Data

Collection of the Customer’s personal data is necessary for processing the order. This information is strictly confidential and intended solely for NAHUA’s use. In accordance with the French Data Protection Act (Loi Informatique et Libertés) of 6 January 1978, the Customer has a right to access, modify, rectify, and delete personal data concerning them. If the Customer wishes to exercise this right, they need only write to NAHUA, stating their first name, last name, and address.

NAHUA reserves the right to collect data on the Customer through the use of cookies in order to improve the personalized service intended for the internet user.

To facilitate your browsing on the Site, NAHUA uses cookies or similar systems. These cookies provide a better quality of service by storing information relating to your browsing.

These cookies do not allow you to be individually identified and their duration is strictly limited to the duration of your browsing session.

You can refuse the storage of cookies by adjusting your internet browser settings. However, this operation may, in some cases, delete all cookies used by the browser, including those used by other websites, which may lead to the alteration or loss of certain settings or information. Deleting cookies may affect the quality of browsing on the Site, or even make it less fluid.


How to Refuse Cookies in Your Browser

Microsoft Internet Explorer 6.0 and above:

  1. Select the “Tools” menu, then “Internet Options”.
  2. Click the “Privacy” tab.
  3. Select the desired level using the slider.

Firefox:

  1. Select the “Tools” menu > “Options”.
  2. Click the “Privacy” option.

Safari 3.x for Mac OS X:

  1. Open Safari.
  2. Click “Preferences”.
  3. Click the “Privacy” option.
  4. Select “Block cookies”.

13. Liability

NAHUA cannot be held liable for any inconvenience or damage inherent to the use of the Internet, such as service interruption, the presence of computer viruses or external intrusions, or, more generally, any cases qualified as force majeure by the courts.


14. Miscellaneous Provisions

The invalidity or unenforceability of any clause of these general terms and conditions of sale or of the special conditions shall not affect the application or validity of the other clauses of the general terms and conditions of sale. Such clause shall then be replaced by the provision that is the closest possible in effect.

Neither NAHUA nor the Customer shall be held liable for non-performance of the contract resulting from a case of force majeure, including but not limited to war, riot, insurrection, interruption of transport, import problems, strike, shortage, fire, earthquake, storm, or flood.

For any information, question, or complaint, the Customer may send an email to backoffice.nahua@gmail.com


15. Legal Notices

Owner: EURL LPH, Lieu-dit Bouscarrat – 46150 Saint-Denis-Catus – FRANCE.

Publisher and integrator: EURL LPH, Lieu-dit Bouscarrat – 46150 Saint-Denis-Catus – FRANCE.


16. Applicable Law and Jurisdiction

These general terms and conditions of sale are governed exclusively by French law.

The Commercial Courts of Cahors (France) shall have sole jurisdiction in the event of any dispute or disagreement relating hereto.


© NAHUA / EURL LPH — All rights reserved.

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