General terms and conditions of sale
The present conditions of sale are concluded on the one hand by the company NODUS FACTORY SA with a share capital of €448,000 whose registered office is located at 3 rue du Govéan - Zone de Kerollaire - 56370 Sarzeau - France registered in the Vannes Trade and Companies Register under number 811 222 967 hereinafter referred to as "the company" and managing the website www.nodusfactory.com and, on the other hand, by any individual or legal entity wishing to make a purchase via the website www.nodusfactory.com hereinafter referred to as "the buyer".
Article 1. Subject
The present conditions of sale aim to define the contractual relationship between the company and the buyer and the conditions applicable to any purchase made through the website. The acquisition of a product through this website implies unreserved acceptance by the buyer of these terms and conditions of sale, which the buyer acknowledges having read prior to placing an order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site is limited to strictly personal use and on the other hand that he has full legal capacity, allowing him to commit himself under these terms and conditions of sale.
The company retains the possibility of modifying these terms and conditions of sale at any time, in order to comply with any new regulations or with the aim of improving the use of its site. As a result, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Products
The products offered are those that appear on the company's website, within the limits of available stocks. The company reserves the right to modify the range of products at any time. Each product is presented on the website in the form of a description of its main characteristics: technical specifications, use. The photographs are as accurate as possible but do not commit the seller in any way. The sale of the products presented on the website is intended for all buyers residing in countries that fully authorise the entry of these products into their territory.
Article 3. Prices
The prices appearing on the product sheets in the internet catalogue and are prices in Euros (€) all taxes included (VAT included) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the price of the products. The company reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order. In metropolitan France, for all orders equal to or greater than 150 euros (including tax), shipping costs are free for all deliveries to a relay point or Collissimo; for all orders less than 150 euros (including tax), a flat-rate contribution to shipping costs will be invoiced to the purchaser according to the purchaser's choice of delivery:
Pick-up at a Relay Point: 4,90€ TTC
Collissimo: 9,90 € VAT included
Express: 29,90 € TTC
Article 4. Order and payment terms
Before any order, the buyer can create an account on the site. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile...), must identify himself using this information. The company proposes to the buyer to order and pay for his products in several steps, with 3 payment options to choose from:
- Payment by cheque: the buyer selects the products he wishes to order from the "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment of his choice: "Payment by cheque". Finally, the last step is to check all the information, read and accept the present general terms and conditions of sale by ticking the corresponding box, then invites the buyer to confirm his order by clicking on the "Confirm my order" button. This last click constitutes the definitive conclusion of the contract. As soon as the order has been confirmed, the buyer receives an order form confirming the registration of his/her order. In order to finalise his payment and trigger the processing of his order, the purchaser must print this order form, accompanied by his cheque made out to Nodus Factory at the address shown on the order. No cash payment should be sent. Only cheques issued by a French bank will be accepted. As soon as the cheque is received, the order will be processed and the buyer will be informed by email. The company will dispatch the products at the earliest 2 working days after cashing the cheque corresponding to the order, subject to provisions.
- Payment by bank transfer: the buyer selects the products he wishes to order from the "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: "Payment by bank transfer". Finally, the last step is to check all the information, read and accept the present general terms and conditions of sale by ticking the corresponding box, then invites the buyer to confirm his order by clicking on the "Confirm my order" button. This last click constitutes the definitive conclusion of the contract. As soon as the order has been confirmed, the buyer receives an order form confirming the registration of his/her order. In order to finalise his payment and trigger the processing of his order, the buyer must contact his bank in order to make the transfer corresponding to the amount of his order to the company's bank account, the details of which are communicated to the buyer. As soon as the transfer is received, the order will be processed and the buyer will be informed by e-mail. The company will dispatch the products at the earliest 2 working days after receipt of the transfer corresponding to the order, subject to provisions.
- Secure payment by credit card: the buyer selects the products he wishes to order from the "basket", modifies if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment of his choice: "Payment by Credit Card". The next step is to check all the information, read and accept the present general terms and conditions of sale by ticking the corresponding box, then invites the buyer to confirm his order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure interface of the payment system in order to securely enter his personal credit card details. If the payment is accepted, the order is registered and the contract is definitively formed. Payment by credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the card payment, the sums paid will then be credited or refunded. The liability of the credit card holder is not engaged if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. In order to obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred, the cardholder must contest the debit in writing with his bank within 70 days of the transaction, or 120 days if the contract binding him to the bank so provides. The amounts debited shall be reimbursed by the bank within a maximum of one month after receipt of the written objection made by the bearer. No costs for the return of the sums may be charged to the holder.
Confirmation of an order implies acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation of the right to invoke one's own terms and conditions of purchase. All the data provided and the recorded confirmation will serve as proof of the transaction. If the buyer has an e-mail address and if he has provided it on his order form, the company will send him confirmation of the registration of his order by e-mail.
If the buyer wishes to contact the company, he can do so either by post to the address of Nodus Factory, or by email to the following address: firstname.lastname@example.org, or by telephone on +33 (0)2 97 67 64 83.
Article 5. Reservation of ownership
The company retains full and complete ownership of the products sold until full payment of the price in principal, costs and taxes included.
Article 6. Withdrawal
In accordance with article L121-20 of the French Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or reimbursement without penalty, except for the cost of return.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by different delivery services with or without tracking, delivered without signature. Delivery times are only given as an indication; if they exceed thirty days from the date of the order, the sales contract may be terminated and the buyer reimbursed. The company may provide the buyer with the tracking number of his package by e-mail. The buyer is delivered to his home by his postman. In the event of the buyer's absence, he will receive a delivery notice from his postman, allowing him to collect the products ordered from the nearest post office, for a period of time indicated by the postal services (provided that he has selected the appropriate delivery). Transport risks are borne by the purchaser from the moment the items leave the company's premises. The purchaser is required to check, in the presence of the La Poste employee or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Warranty
All products supplied by the company benefit from the legal guarantee provided for in articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned to the company which will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to the company's address within thirty days of delivery.
Article 9. Responsibility
The company, in the process of distance selling, is only bound by an obligation of means. Its liability cannot be engaged for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.
Article 10. Intellectual property rights
All elements of the site are and remain the intellectual and exclusive property of the company. No one is authorised to reproduce, exploit or use for any purpose whatsoever, even partially, elements of the site, whether in the form of photos, logos, visuals or text.
Article 11. Data of a personal nature
The company undertakes to preserve the confidentiality of the information provided by the buyer, which he would be led to transmit for the use of certain services. Any information concerning him/her is subject to the provisions of law n° 78-17 of 6 January 1978. As such, the Internet user has the right to access, modify and delete information concerning him/her. He or she may request this at any time by mail to the company's address.
Article 12. Settlement of disputes
The present terms and conditions of distance selling are subject to French law. For all disputes or litigation, the competent court will be that of Vannes.
Any dispute relating to the interpretation of these terms and conditions or to the execution of the order, even in the event of recourse to a guarantee or multiple defendants, shall fall within the exclusive jurisdiction of the Commercial Courts of Vannes, regardless of the place where the contract was concluded and regardless of the place of dispatch, the place and the method of payment.