general sales conditions

Preamble 

These general conditions of sale apply to all sales concluded on the Nassoussa Care website.

The website https://www.nassoussacare.com is a service of :

• The individual company Nassoussa Care
• registered with the RCS 891984437RM078
• URL address of the site: https://www.nassoussacare.com
• e-mail : contact@nassoussacare.com

The Nassoussa Care website sells the following products: organic and home-made beauty products.

The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing the order. The validation of the order therefore implies acceptance of the general sales conditions.

Article 1 – Principles

The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in shops or by means of other distribution and marketing channels.

They are accessible on the Nassoussa Care website and will prevail, if necessary, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They shall be applicable as soon as they are published online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

The present general terms and conditions of sale are valid until 31 December 2021.

Article 2 – Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Nassoussa Care website.

The present conditions only concern purchases made on the Nassoussa Care website and delivered exclusively in mainland France or Corsica. For all deliveries to French overseas departments and territories or abroad, a message should be sent to the following e-mail address: contact@nassoussacare.com.

These purchases concern the following products: organic and home-made beauty products.

Article 3 – Pre-contractual information

The buyer acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in Article L. 221-5 of the Consumer Code.

The following information shall be transmitted to the buyer in a clear and comprehensible manner

– the essential characteristics of the goods ;

– the price of the goods and/or the method of calculating the price;

– if applicable, any additional transport, delivery or postage costs and any other costs that may be payable;

– in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, irrespective of their price;

– information relating to the seller’s identity, postal, telephone and electronic contact details and activities, legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and implementation of guarantees and other contractual conditions.

Article 4 – The order

The buyer has the possibility to place an order online, from the online catalogue and by means of the form which appears there, for any product, within the limit of available stocks.

The buyer will be informed of any unavailability of the product or good ordered.

In order for the order to be validated, the buyer must accept, by clicking where indicated, the present general conditions. He/she must also choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final :

– after the seller has sent the buyer confirmation of acceptance of the order by e-mail ;

– and after the seller has received the full price.

Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

For any question relating to the follow-up of an order, the buyer can send an e-mail to the seller at the following e-mail address: contact@nassoussacare.com.

Article 5 – Electronic signature

The online provision of the buyer’s credit card number and the final validation of the order shall be considered proof of the buyer’s agreement:

– Payability of the sums due under the order form;

– signature and express acceptance of all operations carried out.

In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at this email address: contact@nassoussacare.com.

Article 6 – Order confirmation

The seller provides the buyer with an order confirmation by e-mail.

Article 7 – Proof of the transaction

The computerised registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8 – Product information

The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller cannot be held responsible.

The photographs of the products are not contractual.

Article 9 – Prices

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.

The prices are indicated in euros. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is validated. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.

If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be passed on to the sale price of the products.

Article 10 – Method of payment

This is an order with a payment obligation, which means that placing the order implies payment by the buyer.

In order to pay for the order, the buyer has the choice of all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited organisations or in the event of non-payment. The seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.

The payment of the price is made in full on the day of the order, according to the following methods:

– Credit card

– Paypal

Article 11 – Product availability – Refunds – Resolution

Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated below. The delivery times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France and Corsica, the delivery time is 2 to 5 days from the day following the day on which the buyer placed the order, according to the following methods: by parcel post, Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries to the French overseas departments and territories or to another country, the delivery terms will be specified to the buyer on a case-by-case basis.

In the event of failure to comply with the agreed delivery date or delivery period, the buyer shall, before terminating the contract, request the seller to execute the contract within a reasonable additional period.

If the seller fails to do so within this further period, the buyer may freely withdraw from the contract.

The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.

The contract shall be deemed to be terminated on receipt by the seller of the letter or writing informing him of such termination, unless the trader has performed in the meantime.

The buyer may, however, terminate the contract immediately if he considers the above dates or periods to be an essential condition of the contract.

In this case, when the contract is terminated, the seller shall be obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.

In the event of the unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or an exchange of the product.

Article 12 – Terms of delivery

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and conditions and within the period specified above.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure that it is accurate. Any parcel returned to the seller because of an erroneous or incomplete delivery address will be reshipped at the buyer’s expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the deliveryman will leave a notice in the letterbox, which will allow the buyer to collect the parcel at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products…).

This verification is considered to have been carried out as soon as the buyer, or a person authorised by him/her, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site’s legal notices.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made after this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 – Delivery errors

The purchaser must submit to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

The claim can be made by e-mail to the following address: contact@nassoussacare.com.

Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been allocated.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by registered post, to the address provided.

The return costs are at the buyer’s expense.

Article 14 – Product guarantee

14-1 LEGAL GUARANTEE OF CONFORMITY

The seller is the guarantor of the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.

In case of implementation of the legal guarantee of conformity, it is recalled that :

– the buyer has a period of 2 years from the delivery of the goods to act;

– the buyer may choose between repairing or replacing the goods, subject to the cost conditions set out in article L. 217-17 of the Consumer Code;

– the buyer does not have to prove the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following delivery of the goods.

14-2 LEGAL GUARANTEE AGAINST HIDDEN DEFECTS

In accordance with Articles 1641 et seq. of the French Civil Code, the seller is liable for any hidden defects that may affect the goods sold. It shall be up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the use for which they were intended. This guarantee must be implemented within two years of the discovery of the defect.

The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.

Article 15 – Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and ask for an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.

If the right of withdrawal is exercised within the above-mentioned period, the price of the product(s) purchased and the delivery costs are reimbursed.

The buyer is responsible for the return shipping costs.

The exchange (subject to availability) or refund will be made within 2 to 5 days, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer in accordance with the above conditions.

Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for
– the supply of goods whose price depends on fluctuations on the financial market beyond the control of the trader and which may occur during the withdrawal period;

– the supply of goods made to the consumer’s specifications or clearly personalised

– the supply of goods which are likely to deteriorate or expire rapidly;
– 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;
– the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
– the supply of alcoholic beverages the delivery of which is delayed beyond thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the trader’s control;
– maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to meet the emergency;
– the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery
– the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications
– the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.

Article 16 – Force majeure

Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.

The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and their disappearance.

All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

Article 17 – Intellectual property

The content of the website remains the property of the seller, the sole owner of the intellectual property rights on this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

Article 18 – Data processing and liberties

The nominative data provided by the buyer are necessary for the processing of his order and the establishment of invoices.

They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the Nassoussa Care website has been declared to the CNIL.

The buyer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her. This right can be exercised under the conditions and according to the methods defined on the Nassoussa Care site.

Article 19 – Partial invalidation

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.

Article 20 – Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 21 – Title

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles shall be declared non-existent.

Article 22 – Language of the contract

The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

Article 23 – Mediation ans settlement of disputes

The buyer may have recourse to conventional mediation, in particular with the Commission for Consumer Mediation or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. The name, contact details and e-mail address of the mediator are available on our website.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 – Applicable law

The present general conditions are subject to the application of French law. The competent court is the judicial court.

This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.

Article 25 – Protection of personal data

Data collected

The personal data collected on this site are the following:

– account opening: when the user’s account is created, his surname; first name; e-mail address; telephone number; postal address;

– connection: when the user connects to the website, the latter records, in particular, his/her surname, first name, connection data, usage data, location data and payment data;

– profile: when using the services provided on the website, a profile is created, which may include an address and telephone number;

– payment: in the context of payment for products and services offered on the website, the website records financial data relating to the user’s bank account or credit card;

– communication: when the website is used to communicate with other members, data concerning the user’s communications is temporarily stored;

– cookies: cookies are used as part of the use of the site. The user has the possibility to deactivate the cookies from the settings of his browser.

Use of personal data

The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. More specifically, the uses are as follows:

– access and use of the website by the user;

– management of the operation and optimisation of the website;

– organising the conditions of use of the Payment Services;

– verification, identification and authentication of data transmitted by the user;

– offering the user the possibility to communicate with other users of the website;

– implementation of user assistance;

– personalising services by displaying advertisements according to the user’s browsing history and preferences;

– preventing and detecting fraud, malicious software and managing security incidents

– management of possible disputes with users;

– sending commercial and advertising information, according to the user’s preferences.

Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases

– when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracts;

– when the user publishes, in the free comment areas of the website, information accessible to the public;

– when the user allows a third party’s website to access his/her data;

– when the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data for the purpose of providing these services and are contractually obliged to use it in accordance with the provisions of the applicable data protection regulations;

– if required by law, the website may transmit data to follow up on claims against the website and to comply with administrative and judicial procedures;

– if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.

Security and privacy

The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.

Implementation of users’ rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by sending a request to the following address: contact@nassoussacare.com.

• the right of access: they may exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user’s identity in order to verify its accuracy.
• the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
• the right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to restrict processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the GDPR.
• the right to object to the processing of data: users may object to their data being processed in accordance with the provisions of the GDPR.
• the right to portability: they can request that the website gives them the personal data provided to it in order to transmit it to a new website.
  Evolution of this clause

Evolution of this clause

The website reserves the right to make any changes to this privacy policy at any time. If a change is made to this privacy policy, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.

Appendix: 

Withdrawal form

(to be completed by the consumer,

and to be sent by registered letter with acknowledgement of receipt,

within a maximum period of 14 days following the date of conclusion of the service contract)

Appendix :

Consumer Code

Article L. 217-4: “The seller shall deliver goods in conformity with the contract and shall be liable for any defects in conformity existing at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L. 217-5: “The goods conform to the contract:

1° If it is fit for the purpose usually expected of similar goods and, where applicable

– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

– whether it has the qualities that a buyer may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.

Article L. 217-6: “The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.

Article L. 217-7: “Defects of conformity that appear within twenty-four months of the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.For goods sold second-hand, this period is set at six months.The seller may rebut this presumption if it is not compatible with the nature of the goods or the defect of conformity claimed.”

Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials that he himself supplied.

Article L. 217-9: “In the event of a lack of conformity, the buyer shall choose between repairing or replacing the goods; however, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other option, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L. 217-10: “If repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within a period of one month following the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking. However, the sale may not be cancelled if the lack of conformity is minor.

Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 shall be without cost to the buyer. These same provisions do not prevent the award of damages.

Article L. 217-12: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L. 217-13: “The provisions of this section do not deprive the buyer of the right to bring an action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognised by law.

Article L. 217-14: “The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code.

Article L. 217-15: “A commercial guarantee is any contractual commitment by a trader to the consumer to reimburse the purchase price, replace or repair the goods or provide any other service in relation to the goods, in addition to his legal obligations to guarantee the conformity of the goods.
The commercial guarantee shall be the subject of a written contract, a copy of which shall be given to the buyer.
The contract shall specify the content of the guarantee, the manner of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.
In addition, it shall clearly and precisely mention that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the guarantee shall remain valid. The buyer is entitled to avail himself of it.

Article L. 217-16: “When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run.

This period shall run from the date of the buyer’s request for intervention or from the date the goods in question are made available for repair, if this is after the request for intervention.

Civil Code

Article 1641: “The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them.

Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or lack of conformity”.