These General Sales Conditions are made and entered by and between Nénuphar SA, a company duly incorporated (S.A.) under the laws of the Republic of France, recorded in the Montereau, France Business and Company Register (RCS) under No. B317 958 809, headquartered at Nemours, ZA du Rocher Vert, 8 Rue Gustave Eiffel, 77140 France, hereinafter called "Nénuphar", on the one hand, and those persons wanting to make a purchase via the Nenuphar Internet site :
or http://www.laserperformance.fr hereinafter called the "User", on the other hand.
These General Sales Conditions involve exclusively the Enterprises recorded in the Business and Company Register, as well as the Associations duly registered in a French prefecture. The Parties agree that their relations will be exclusively governed by these General Sales Conditions and will supersede any prior terms and/or conditions concluded on the Nénuphar Internet site. In the event where one of these conditions would fail to be performed, it would be construed as governed by the customary uses in force in the mail order sector by companies headquartered in France. Nénuphar agrees to comply with all the provisions of the Consumer Code related to “mail orders”.
These General Sales Conditions are intended to define the sales terms and conditions between “Nénuphar“ and the “User“ relating to the ordering, payment and delivery of the proposed services. They will construe and regulate all the required steps to place an order and ensure the follow-up of this order between the "Parties".
The “User“ will be able to place an order online :
- either from an online catalog
- or directly from paper catalog references.
The order will not be recorded on the “Nénuphar“ Internet site unless the “User“ has been clearly identified by the entry of his or her strictly personal customer code (or a “Nénuphar“ web specific identifier) and password. (Refer to the section "Getting Your Password"). When a “User” places an order, he or she agrees to accept the description(s) of and the price(s) for the product(s) available for sale. Any claim thereto would be settled by a possible exchange / replacement and the guaranties mentioned below. “Nénuphar” agrees to honor and fulfill the orders received on the “Nénuphar” Internet site only within the available product stock limits. In the event of product unavailability, “Nénuphar“ agrees to promptly inform the “User“.
A delivery will only be made to an address where someone is present all day long, since the transporter will not be able to make delivery appointments. It should be noted that our goods are shipped at “User“ risk. Therefore, the “User“ will be responsible for notifying the transporter in a clear and complete manner of any reserves relating to a delivery by sending a registered letter to the said transporter within forty-eight (48) hours. The simple wording “sous réserve de déballage“ (“subject to packaging condition”) will not be legally binding.
Special export or maritime shipment packagings will be billed in addition. The “User” shall inform us in writing of any dispute or claim within two (2) days following the receipt of the goods. “Nénuphar“ refuses to accept the return of any goods without prior written agreement.
In the event of acceptance, the returned goods should correspond to the indications on the agreement form issued by the “Nénuphar” sales department ; the “User” will pay all return shipment costs, fees, duties and taxes, if any. Small packages (length + width + height less than 2 linear meters and weight less than 30 kilograms) will most often be delivered through parcel post services by 1 pm (13:00) the next day in continental France provided stocks are available (call 33 (0)164 450 100 for information about in-stock availability). Single package shipment to each individual destination. Large packages (sizes and weights greater than those for small packages) will be delivered by an official transporter. For boats and masts, a special handling service will be provided for each specific case.
The transactions made by the Internet are apparently still not totally secure and protected. Therefore, “Nénuphar“ prefers to ensure “User” security and proposes the following two (2) payment methods :
- “Payment by Check“ : After validating your basket, an order form will be displayed, ready to be printed, giving itemized details of your order. Simply mail us this order form along with a check in full payment of your order and we will prepare your order.
- “Payment by Credit Card“ (VISA, EUROCARD-MASTERCARD) : via our bank secured website,
Any VAT rate change might be passed on to our product prices. After this date, they may be changed without notice. The prices of the items ordered on the Internet site according to the catalog references (general and specialized) from which they are taken and the date indicated in the catalog in question will be considered authentic and are liable to be subject to change without notice.
Signatures and Proofs :
Any “User” of the Internet site who doesn’t have a customer number should follow a registration procedure so that he or she can subsequently be assigned a customer number. This number is a personal number. If lost or forgotten, promptly notify the “Nénuphar” departments by contacting an adviser at 33 (0) 164 450 100. In any case, a final validation of the order will serve as proof of the totality of the said order, in compliance with the provisions of the French law of March 13, 2000, and will engage the payment of the amounts relating to the items listed on the order form. This validation is legally comparable to a signature and an express acceptance of all the operations carried out on the Internet site.
“Nénuphar“ will only be responsible on a “means to” basis for all the Site access steps, the order process, the delivery or subsequent services. “Nénuphar“ shall not be held liable for any disadvantages or damages inherent to the Internet and, particularly, a break in service, an external intrusion or the entry of computer viruses, or any other event or action qualified as Force Majeure, in compliance with statutory law.
Nominative Data :
In compliance with the law of January 6, 1978, the “User“ has the right to access and change data concerning him or her.
Intellectural Property Rights :
All “Nénuphar” Internet site elements, whether audio or video in scope, including underlying technology, are protected by copyrights, registered trademarks or patents.
They are the exclusive property of “Nénuphar“. A “User” with a personal Internet site who wants to set up for his or her own personal usage a simple direct link on this site to the "Nénuphar" site home page will have to necessarily ask for authorization from “Nénuphar“.
It doesn’t involve in this case an implicit affiliation agreement.
On the other hand, any hypertext link referring to the “Nénuphar“ Internet site and using the framing or in-line linking techniques is strictly prohibited.
In any case, any link even tacitly authorized shall be eliminated on simple request from “Nénuphar”.
In the event where one of the clauses of these General Sales Conditions would be invalidated by a change in law, regulations or a legal decision, this invalidity will not affect under any circumstances the validity and the performance of the other clauses therein. These General Sales Conditions will apply throughout the entire online duration of the “Nénuphar“ offered services. Order forms and invoices will be archived on a reliable and durable medium to correspond to and ensure a true and reliable copy, in compliance with Article 1348 of the Civil Code.These General Sales Conditions are construed under French law.
Any disputes arising out of them not settled by agreement between the “Parties“ will be settled under the jurisdiction of the Tribunals of Montereau, France.