These General Terms and Conditions of Sale apply to all orders placed on the site www.nagagold.com. You are urged to read these General Terms and Conditions of Sale, which you agree to accept when confirming your order.
- PURPOSE – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale govern all sales on the Site www.nagagold.com on which the products distributed by NAGA-GOLD France are sold, and set out the parties’ rights and obligations arising from online selling.
These General Terms and Conditions of Sale are concluded between a natural or legal person wishing to make a purchase for their personal use only.
All prices are displayed in euros only. You can request an invoice showing the VAT charged when you place your order.
- COMPANY DETAILS
NAGA-GOLD, a société à responsabilité limitée (limited liability company) entered on the Lisieux Trade and Companies Register under number 534 947 882, VAT No FR 955 3494 7882 and with registered office at Allée des Grands Prés – 14160 DIVES sur MER, FRANCE.
Customer service is available 24 hours a day, 7 days a week by writing to the address indicated or by emailing the following address: serviceclient@nagagold.com
Telephone: +33 (0)9.83.95.10.55
- ORDERS
By placing an order for a Product on the Site, you acknowledge:
- that you have full legal capacity.
- that your order is governed by these General Terms and Conditions of Sale which you declare that you accept unrestrictedly and unreservedly. By placing an order, you are deemed to accept unreservedly these General Terms and Conditions of Sale.
In accordance with the relevant provisions of the French Civil Code, it is emphasised that confirmation of the purchase order constitutes an electronic signature. As regards the dealings between the Parties, this has the same value as a handwritten signature.
You may save or print these General Terms and Conditions of Sale but you must not amend them.
We reserve the right to modify these General Terms and Conditions of Sale and it is your responsibility to consult them regularly.
When confirming your order by clicking on the “ORDER” button, you are considered to have expressed your informed acceptance of the contents and terms of the Order in question and, in particular, these General Terms and Conditions of Sale, as well as the prices, volumes, characteristics, quantities and delivery times specified for the products that you have ordered.
You agree in particular to specify: - your surname(s), first name(s), telephone number and email address. This email address must be a valid address and in full working order.
- a postal address to which delivery can be made during business hours from Monday to Saturday.
All information requested when placing an order is necessary so that we can confirm your order and send you the products ordered.
We reserve the right to suspend or cancel the fulfilment of any Order and/or delivery, regardless of the nature of that Order and the extent to which it has been fulfilled, in the event of non-payment or partial payment of any sum owed by you, payment irregularity or fraud or attempted fraud relating to the use of the NAGA-GOLD website, including in relation to previous Orders.
The data recorded by us for delivery and invoicing purposes constitutes proof of all transactions between us and you. In the event of a dispute between the Parties as to a transaction performed on the Site, the data recorded by us is considered to be conclusive proof of the content of the transaction. Purchase orders and invoices will be archived on a reliable and durable medium that can be produced as evidence.
In the event of a data entry error with respect to the email address concerned, we cannot be held liable. Where a sale is considered final, except where cancelled by us as a result, inter alia, of the unavailability of the products, you will nonetheless be entitled to exercise your right to withdraw under the conditions set out in clause 8 of these General Terms and Conditions of Sale.
- PRODUCTS
We present the various Products that we offer for sale on our Site, together with their detailed specifications contained in product data sheets. This gives you the opportunity, before placing a firm order, to familiarise yourself with the key characteristics of each Product available to buy through the Site, in accordance with Article L.111-1 of the French Consumer Code.
We have made every effort to ensure that the presentation of the Products, in terms of the photographs displayed on the Site, is faithful to the original Products.
However, depending on how the Products are presented on the Internet, it is possible that the impression that you perceive from the photographic representation of the Products does not correspond exactly to the Product itself.
All Products comply with current French regulations.
All Products are offered according to the stocks available at the time you place your order. Products that are unavailable will be marked as such. We will make every effort to ensure that the full range of Products offered is available.
Where a Product is unavailable, we will inform you, by email, at the earliest possible opportunity, that only part of the order will be delivered or that your order has been cancelled.
In the case of a partial order, the order invoice will be updated to reflect the products shipped. Payment takes place when the order is shipped.
The applicable prices are those indicated on the Site at the time you confirm your order. Prices are stated in euros and include all taxes. Prices are subject to French Value Added Tax (VAT) according to the rate in force on the date of the order.
Please note that delivery costs will be charged separately from the price of the Products, and will be specifically indicated on the order summary and in the order confirmation email. We reserve the right, at any time and without notice, to alter the prices of our Products. Any such price alterations will not apply to orders already accepted by us before those alterations took effect. - GEOGRAPHICAL AREAS
We retain full title in the Products ordered until full payment is made of the corresponding price.
The Products will be delivered to the postal address provided by you when placing the order. This address will appear on the delivery note.
The Products that you order on the NAGA-GOLD Site will be delivered exclusively to addresses in Metropolitan France, including Corsica, Monaco, and the whole of the European Union as well as the United Kingdom.
You can track the progress of your delivery via a hypertext link that will allow you to access a tracking website. All relevant details will be provided at the time of confirmation of order shipment.
As delivery is carried out by a third party provider, you acknowledge and accept that we cannot be held liable under any circumstances if the non-performance or incorrect performance of this obligation is attributable to you or to the actions of a third party to the contract or to a force majeure event. - PAYMENT TERMS
To pay for your order, you will be asked to click on “Confirm my purchase” and to make payment by entering your bank details.
Payment must be made by bank card and in euros only. All other means of payment are excluded. Your bank account will be debited at the time of shipment.
In order to make payment, you must provide your credit card number, its expiry date and, where applicable, the visual cryptogram.
You warrant to us that you have the necessary permissions to use the payment method chosen at the time of confirming your order.
If your card is rejected by the bank, the order will be automatically cancelled and you will be duly informed.
We use a payment service provider and therefore never have access to confidential information about your means of payment.
The order will only be considered firm and final once it has been confirmed by us. Once the order has been confirmed and payment has been approved, a printable and recordable summary of your order will be displayed showing the order details.
In accordance with Article L.122-1 of the French Consumer Code, we will be entitled to refuse any order that is abnormal, placed in bad faith, or not paid for owing to the fraudulent use of a credit card. - DELIVERY – ACCEPTANCE
We retain title in the Products ordered until full payment is made of the corresponding price.
7.1. DELIVERY: The Products will be delivered to the postal address provided by you when placing the order. This address will appear on the delivery note.
Delivery will be made as soon as possible having regard to the destination and will be no later than thirty (30) days following the order. You must report any delay in delivery in writing as soon as possible and we will investigate with the carriers concerned.
Once the right of cancellation has been exercised or our investigations confirm that the package has been lost, we will refund the bank account debited at the time of the order, within a maximum of fifteen (15) days of receiving the notice of cancellation, excluding any other compensation, or will reship the Products at its own expense if you have not cancelled the order.
7.2. ACCEPTANCE: Each delivery is deemed to have been completed once the Products have been handed over to you by the carrier, as evidenced by the monitoring system used by the carrier. No complaints regarding delivery will be accepted if the package is marked as having been delivered according to the carrier’s computer system.
Any reservations expressed by the consignee upon delivery will constitute proof of the existence and extent of the damage. You must ensure that any such reservations are recorded accurately and fully.
You will need to inform us by email or registered letter within three (3) working days of the delivery of the Order. You will need to attach a copy of the complaint sent to the carrier. - RIGHT OF WITHDRAWAL AND RESPECTIVE TIME LIMIT
As regards NAGA-GOLD Products that fall within the category of perishable foodstuffs ordered on the Site, in accordance with Article L. 221-18 of the French Consumer Code, and subject to the circumstances provided for in Article L.121-21-8.4° of that Code, you do not have the right of withdrawal provided for in Article L.121-21 of the Code.
Please enclose with your package a copy of the invoice and a copy of a letter of withdrawal. If these conditions are met, we will reimburse you for the cost of the returned Products as well as the initial shipping charges (based on standard shipping charges). This refund will be made to the bank account debited at the time of the order within a maximum period of fourteen (14) days after receiving the Products.
This sum will not be refunded until the returned Products have been received.
No refunds will be used for Products that are returned incomplete, damaged, spoiled, soiled or used, either in whole or in part. Likewise, you may be held responsible for any impairment of the Products resulting from handling operations other than those necessary to establish the nature, key characteristics and correct use of the Products. - PRODUCT WARRANTIES
We warrant that the Products are fit for their intended use and do not present any defects (except for the fact that the vacuum can be defective) or any hidden defects making them dangerous or unfit for their normal use.
Therefore, all products on sale on the Site enjoy the statutory warranty of conformity (as defined in Articles L217-4 et seq. of the French Consumer Code) and a warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), which means that you can return any non-conforming products free of charge. As regards the statutory warranty of conformity, Article L.217-4 of the French Consumer Code provides that “the seller is required to deliver a good that conforms to the contract and is liable for any non-conformities existing at the time of delivery.”
Article L. 217-5 of the French Consumer Code provides: “The good shall conform to the contract:
Where it is fit for the use normally expected of a similar good and, where applicable, if it matches the description given by the seller and has the characteristics that the seller has presented to the buyer in the form of a sample or model, and if it has the characteristics that a buyer may legitimately expect having regard to the public statements made by the seller, particularly in advertising or labelling. - COMMERCIAL WARRANTIES
Where a non-conforming Product is received, and subject to the provisions of clause 5 above, you are entitled to return that Product to us within thirty (30) days of receipt.
We do not accept packages sent carriage due, and the Product must be returned in its original packaging. Please enclose with your package a copy of the invoice.
We will check the non-conformity of the Product. If this is confirmed, you will be automatically refunded. This refund will be made to the bank account debited when ordering the Product and will take place within thirty (30) days of the date on which we receive the non-conforming Product. This refund will also include the cost of the initial shipping charges if all Products delivered are returned. If the order is not returned in its entirety, no refund of the initial shipping charges will be made.
All risks associated with the return of the Product will lie with you.
Where a non-conforming Product is received, and subject to the provisions of clause 9 above, you are entitled to exchange that Product within thirty (30) days of receipt. - LIABILITY
We cannot be held liable for any disruption or damage pertaining to the use of the Internet, including service disruption, computer bugs, external intrusion or the presence of computer viruses.
Without prejudice to the previous paragraphs, under these General Terms and Conditions of Sale, we cannot be held liable, either individually or jointly and severally, to pay an amount exceeding the sums paid or payable in respect of the transaction giving rise to that liability for our products, whatever the cause or form of the action concerned. - INTELLECTUAL PROPERTY
Copyright: We retain full ownership of the Site and hold the necessary intellectual property rights to publish its content.
Both the general structure and the content of the Site, including software and databases, are the property of NAGA-GOLD or third parties authorised to use them, and are protected under copyright laws. No licence or right is granted other than the right to consult the Site. The reproduction of all or part of the Site and its content is authorised for information purposes only and for personal and private use.
Therefore, in accordance with the French Intellectual Property Code, any representation, reproduction, modification, distortion and / or exploitation, in whole or in part, of the Site or its content, by any process whatsoever and on any medium whatsoever, without the express permission of NAGA-GOLD is prohibited and constitutes an act of copyright infringement.
Likewise, the user will be liable under criminal and civil law for any unauthorised use of the Site and/or of its content on the basis of copyright infringement.
Distinctive signs: The trademarks, logos, company names, initials, trade names, signs and/or domain names of NAGA-GOLD and/or of our commercial partners mentioned in the Site are distinctive signs that cannot be used without the prior express permission of their owner.
Any representation and/or reproduction and/or exploitation, in whole or in part, of these distinctive signs is therefore prohibited and constitutes trademark infringement, in accordance with the French Intellectual Property Code.
Hypertext links : We cannot be held liable for any hypertext links used on the Site which direct users to other sites and, more generally, to any existing resources on the Internet.
Any links created to the Site and, more generally, any use of the content, is subject to our prior express consent, which may be revoked at any time at our sole discretion. We reserve the right to request the removal of any link to the Site that has not been authorised or is no longer authorised and to claim damages for any harm suffered as a result.
- DATA PROTECTION
We collect your personal data and, where applicable, the data of the order consignee. You are informed that this automated processing of information has been declared to the appropriate authority.
We have implemented security measures to protect the personal information you provide against unauthorised access and use. All financial information that you provide on the Site is stored on the secure site of the financial institution chosen by us.
All personal data collected is subject to the French Data Protection Act No. 78-17 of 6 January 1978, as amended by Act No. 2004-801 of 6 August 2004
Data may be passed on to the companies that facilitate these relationships, such as those tasked with carrying out services and orders for management, fulfilment, delivery, processing and payment purposes. All such information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow us to improve and personalise the services we offer and the information we send. In accordance with this Act, you have the right to access and rectify any personal data concerning you. Please write to serviceclient@nagagold.com, indicating your full name, email address and customer reference.
We reserve the right to use the statistics resulting from the questionnaires that you have completed in order to improve our services. - FORCE MAJEURE
Neither you nor us can be held liable for the non-performance of your or our obligations, in whole or in part, if that non-performance is due to an act of God or the occurrence of a force majeure event including, but not limited to, flood, fire, storm, shortage of raw materials, transport strike, partial or total strike or lockout, these various scenarios being assessed in accordance with relevant case law.
In that case, both you and we agree to consult each other as soon as possible in order to determine together the terms under which the order will be fulfilled throughout the duration of the force majeure event.
- SEVERABILITY
If one or more clauses of these General Terms and Conditions of Sale are deemed or declared invalid in accordance with a law or regulation or by the final decision of a competent court, the other clauses will remain in full force and effect. - NO WAIVER
The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to in these General Terms and Conditions of Sale cannot be construed as a future waiver of the obligation in question. - ENTIRE AGREEMENT
These General Terms and Conditions of Sale, the General Terms and Conditions of Use and the order summary sent to you together form a contractual whole and represent the entirety of the contractual relations between the parties. Generally speaking, we and you expressly agree that emails will be deemed authentic as will the automatic recording systems used on the Site, particularly in terms of the nature and date of the order. - APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are governed by French law. You acknowledge that electronic notices and records kept by us will be considered as proof of the exchanges, orders, payments and transactions between the parties unless proven otherwise.
Any dispute relating to the performance or interpretation of these General Terms and Conditions of Sale will be referred to the competent court depending on the nature of the dispute.
Version of 29 February 2020