A. GENERAL PROVISIONS:
The Websites http://www.euro-ned.com and http://ww.nouvelle-epicerie.fr were designed by NED Sarl, which owns and holds all the rights relating thereto. Unless the prior and express authorization of NED Sarl, it is forbidden to copy or download all or part of the Site or its content. NED Sarl however authorizes the creation of hypertext links to the Site.
B. PROVISIONS APPLICABLE TO ORDERS PLACED AND CONTRACTS CONCLUDED:
ARTICLE 1: ACCEPTANCE OF THESE GENERAL CONDITIONS
In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when you click on the button allowing you to confirm your order, after viewing the details thereof, and in particular its total price, and having had the opportunity to correct any errors. You will thus recognize your payment obligation.
ARTICLE 2: CONFIRMATION OF ORDER AND CONCLUSION OF CONTRACT
The Site contains at all times a commercial proposition for the sale of products, which is not legally considered as a permanent offer.
NED Sarl will confirm the acceptance of the order to the user, at his choice by one of the following means: email, telephone, or fax. NED Sarl also reserves the right not to record a payment and therefore not to confirm an order for any reason whatsoever, relating in particular to a problem of supplying products, a problem concerning the order received, or a foreseeable problem concerning the delivery to be made.
The language offered for the conclusion of the contract is French.
Archiving: The contracts concluded on our website (data relating to your order and GTC in force on the day of your order) are archived for a period of 10 years. You can access the archived contracts by making a request using the contact form, or by email to postmaster@nouvelle-epicerie.fr, or by post to NED SARL - 24 rue des Terres Fortes - 77600 Chanteloup-en- Brie (France)
ARTICLE 3: GENERAL OBLIGATIONS OF THE PARTIES
3.1 Obligations of NED Sarl
NED Sarl undertakes, in the event of acceptance of an order, to sell and deliver to the user the products ordered by the latter.
3.2. Client's obligations
The Customer undertakes to indicate to NED Sarl an address to which delivery can be made and to be present at the delivery times, if they have been specified. The provision of personal information (name, address, telephone, etc.) ) collected for the purpose of concluding the sales contract is mandatory, this information being essential for the processing and delivery of orders and the preparation of invoices. Failure to provide information results in the non-validation of the order.
The Customer undertakes to pay the price stipulated by the means he indicated when ordering.
Any order placed by a Customer is for his personal use or for the personal use of the person in whose name the delivery is to be made. In the latter case, the Customer asserts the personal acceptance of these General Conditions by the recipient of the delivery (which for this will be assimilated to the Customer).
Protection of minors:
Our offer of alcoholic beverages is intended for adults only. By ordering alcoholic drinks on our site, you agree to have reached the minimum age required.
ARTICLE 4: SPECIFIC PROVISIONS
4.1 Price, invoice:
The overall price indicated by NED Sarl is the final price. This price includes the price of the Products, handling, packaging and transport costs. The overall price is expressed in Euros. Payment for the Products is only made by bank transfer, bank card, or any other electronic payment method made available by NED Sarl at the time of the order. An invoice will be established by NED Sarl, and given to the Customer upon delivery or downloadable from our website, "My account" section.
4.2. Transport - Delivery - Delivery Times:
The Products are delivered to the delivery address indicated on the order, unless payment has not been made for any reason whatsoever.
4.3. Transfer of Risks:
The transfer of risks on the Products takes place upon delivery of the Products by NED Sarl to the Customer or his representative.
4.4. Reservations upon Receipt of Products - Refund / Replacement:
The Customer can only make reservations during the delivery of the Products in the event of a delivery that does not comply quantitatively with the order. These reservations must be made in writing at the latest 24 hours after this delivery.
If the delivery does not comply quantitatively with the Order, NED Sarl will reimburse only the price difference between the Products ordered and those delivered.
4.5. Money Back Guarantee - Limitation
Right to retract
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or email) by post to the address NED SARL 24 rue des Terres Fortes 77600 Chanteloup-en-Brie (France). by fax to +33 (0) 1 64 66 77 99 or by Email to postmaster@nouvelle-epicerie.fr.
You can use the model withdrawal form, but it is not mandatory. In order for the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. You must return or return the goods to NED SARL 24 rue des Terres Fortes 77600 Chanteloup-en-Brie (France), without undue delay and, in any event, no later than fourteen days after you have communicated your decision to us. of withdrawal from this contract. This deadline is deemed to have been met if you return the goods before the expiration of the fourteen day period. You will have to bear the direct costs of returning the goods.
Effects of withdrawal
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, if applicable, a method of delivery other than the cheaper method of standard delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will process the refund using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any case, this reimbursement will not incur costs for you. We may withhold reimbursement until we have received the item or until you have provided proof of shipment of the item, whichever is the earlier.
Exception to the right of withdrawal The exercise of the right of withdrawal is excluded for the following contracts:
- contracts for the supply of goods made to the consumer's specifications or clearly personalized;
- contracts for the supply of goods liable to deteriorate or expire rapidly;
- contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- contracts for the supply of goods which, after having been delivered, and by their nature, are inseparably mixed with other items;
- contracts for the provision of services fully executed before the end of the withdrawal period and whose execution has begun after the express prior consent of the consumer and express waiver of his right of withdrawal;
NED Sarl guarantees that the Products comply with French regulations and have not passed their expiry date.
No other express or implied warranty is granted. .
4.6. Responsibility
The Customer is solely responsible for the choice of Products, for their conservation from delivery and for their use. In this regard, the Customer's attention is drawn to the fact that he must not consume the Products beyond the time limits indicated on the labeling, nor if it appears that the Products have deteriorated (due to the heat, problem during transport or any other cause). Under no circumstances can NED Sarl be held responsible for any damage resulting from this fact. In any event, whatever the possible reason for calling into question the liability of NED Sarl, the liability of NED Sarl is limited to the lower of the following two sums: (i) amount of direct damage suffered by the Customer , or (ii) price of the order.
C. INVALIDITY - FORCE MAJEURE - APPLICABLE LAW - COMPETENT COURTS
If any of these General Conditions should be declared inapplicable or is invalidated for any reason, this invalidity or inapplicability will not affect the application or the validity of the other provisions of the General Conditions, that invalidated or deemed inapplicable being then replaced. by the closest possible arrangement. Neither NED Sarl, nor the Client can be held responsible for any non-performance which may have originated in a case of force majeure, beyond its control, including in particular, without this being limiting, cases of war, riot, insurgency, transportation disruption, import problem, strike, shortage, fire, earthquake, storm, flood.
These General Conditions are governed exclusively by French law. The Courts of Meaux will have sole jurisdiction for any dispute or dispute concerning them.