Delivery times are provided for guidance only. In some cases, delivery times may become significantly longer. Such delays shall not, under any circumstances, entitle the customer to any compensation whatsoever.
These terms and conditions are entered into between:
Nénuphar SAS, registered with the Melun Trade and Companies Register under No. B409 609 088, with its registered office at ZA du Rocher Vert, 8 rue Gustave Eiffel, 77140 Nemours, France, hereinafter referred to as “Nénuphar” or “Nénuphar Sailing Equipment”,
and
persons wishing to make purchases via the Nénuphar website:
hereinafter referred to as the “User.”
These terms apply to companies registered with the Trade and Companies Register, associations duly registered with the Prefecture, and private individual customers. The parties agree that their relationship shall be governed exclusively by this agreement, to the exclusion of any conditions previously available on the website.
Should any provision be missing, it shall be deemed governed by the practices in force within the French distance-selling sector.
Nénuphar SAS undertakes to comply with all provisions of the French Consumer Code relating to distance selling.
These terms and conditions define the sales procedures between Nénuphar and the User, covering ordering, payment, delivery, and associated services. They govern all stages necessary for placing and tracking orders between the contracting parties.
Users may place orders online:
An order can only be registered on the website if the User has clearly identified themselves by entering their customer number (or specific Nénuphar web ID) and personal password.
Any order implies acceptance of the prices and descriptions of the products offered for sale. It also constitutes an obligation to pay in accordance with the French “Hamon” Law of March 17, 2014.
Any dispute regarding products shall be handled through the exchange and warranty provisions described below.
Nénuphar undertakes to fulfill orders received through its website only within the limits of available stock. If a product is unavailable, Nénuphar shall inform the User as soon as possible.
Photographs are non-contractual, and colors may vary depending on availability.
For trampolines, diagrams have been added so that customers can verify compatibility with their boat. By checking the confirmation box, customers acknowledge they have verified the diagram. Consequently, particularly for rare trampolines, exchanges due to ordering errors will not be accepted.
Product photographs and colors shown are NON-BINDING.
All items manufactured to order are non-returnable and non-exchangeable.
Delivery can only be made to an address where someone is present throughout the day, as carriers cannot schedule appointments.
The recipient is responsible for making clear and complete reservations on the delivery receipt and confirming those reservations to the carrier by registered letter within 48 hours. The statement “subject to unpacking” has no legal value.
Risk of loss or damage transfers to the consumer when the consumer or a designated third party physically takes possession of the goods.
Special packaging, export packaging, and maritime packaging are billed separately.
Professional customers (liberal professions, associations, craftsmen, businesses, administrations) must notify Nénuphar in writing of any dispute or complaint within two days of receiving the goods.
Private individual customers should refer to the section entitled “Right of Withdrawal.”
Nénuphar refuses all returns made without prior authorization (except where applicable under consumer withdrawal rights). If a return is accepted, returned goods must correspond to the authorization issued by the sales department. Return shipping costs remain the customer’s responsibility regardless of the reason for return.
Risk transfers upon physical receipt of the goods by the consumer or a designated third party.
The recipient must:
In the event of missing or damaged goods, the recipient must:
The recipient’s full name, signature, and date must appear on the delivery receipt.
Failure to comply with this procedure will result in replacement costs for missing or damaged goods being borne entirely by the customer.
Nénuphar cannot perform these inspections on behalf of the customer and cannot be held liable if the customer fails to do so.
Small parcels (length + width + height under 2 meters and weight under 30 kg) are generally shipped via express transport for next-day delivery before 1 p.m. within mainland France, subject to stock availability.
Larger shipments are transported via freight services. Masts, large trolleys, trailers, and boats are handled individually on a case-by-case basis.
Customers acknowledge having read the “Fast Delivery” section detailing shipping fees and procedures.
Nénuphar offers several payment methods:
Unless otherwise agreed, payment is due in full at the time of ordering without discount.
Prices are shown in euros, including VAT at the rate applicable on the date of the order.
Any change in VAT rates may be reflected in product prices.
Prices may be modified at any time without notice. Prices applicable to products referenced in catalogs are those in effect according to the relevant catalog and publication date.
Promotional codes are reserved for specific categories of users.
Nénuphar reserves the right to verify eligibility and cancel any promotional code used by unauthorized persons or used fraudulently.
Users without a customer number must complete a registration procedure to obtain one.
The customer number is personal. Any loss or forgotten number must be reported promptly to Nénuphar at +33 (0)1 64 45 01 00 or via email at info@nenuphar.com.
Final validation of an order constitutes proof of the entire order pursuant to the French Law of March 13, 2000, and makes all sums due and payable. Such validation constitutes a signature and express acceptance of all transactions carried out on the website.
Late-payment provisions applicable to professional customers include a statutory recovery fee of €40, in addition to late-payment penalties. If recovery costs exceed €40, Nénuphar may claim additional compensation upon proof of the actual costs incurred.
Consumers have a 14-day withdrawal period for distance contracts and off-premises contracts, without having to provide any reason.
The withdrawal period begins:
Where information concerning the right of withdrawal has not been provided, the withdrawal period is extended by 12 months.
Consumers may exercise this right by submitting a withdrawal form or any unambiguous statement expressing their decision to withdraw before expiry of the withdrawal period.
The burden of proof regarding the exercise of the withdrawal right lies with the consumer.
Consumers must return goods within 14 days after notifying Nénuphar of withdrawal.
Return shipping costs are borne by the consumer.
Consumers are liable only for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
Nénuphar shall refund all sums paid, including delivery charges, within 14 days of being informed of the withdrawal.
However, Nénuphar may withhold reimbursement until:
Refunds will be made using the same payment method used for the original transaction unless otherwise agreed.
Additional delivery costs resulting from the consumer choosing a more expensive delivery option are not refundable.
IMPORTANT: The following items are neither returnable nor exchangeable:
Any product sold by the meter is rounded up to the next full meter. For example, if 4.20 meters are required, 5 meters must be ordered.
Clearance and promotional items (except those listed above) may be returned, but return shipping costs remain the customer’s responsibility.
NENUPHAR SAILING EQUIPMENT SA
ZA du Rocher Vert – 8 rue Gustave Eiffel
77140 NEMOURS
France
Only products returned in new condition, complete, in their original packaging, accompanied by the purchase invoice and return form, will be accepted.
For any change of model, size, or color, all shipping costs (return and reshipment) are the customer’s responsibility.
Returns must be shipped using a trackable delivery service.
Any product damaged or returned without its original packaging will not be refunded.
Nénuphar is liable for any lack of conformity existing at the time of delivery and for defects resulting from packaging, assembly instructions, or installation where these were undertaken by Nénuphar.
Consumers may bring an action for non-conformity within two years from delivery.
Under Articles 1641 and 1648 of the French Civil Code, the seller is liable for hidden defects rendering the product unfit for its intended use or significantly reducing its usefulness.
Claims based on hidden defects must be brought within two years from discovery of the defect.
To initiate a warranty claim, customers must contact Nénuphar by email at info@nenuphar.com or by telephone at +33 (0)1 64 45 01 00 to obtain prior authorization before returning the product.
Return shipping costs are borne by the customer.
In the event of a dispute, the consumer and Nénuphar will first attempt to reach an amicable solution.
Failing this, consumers may refer the matter free of charge to:
Association des Médiateurs Européens (AME CONSO)
The referral must be made within one year of the written complaint submitted to Nénuphar.
Nénuphar is bound only by an obligation of means regarding website access, order processing, delivery, and after-sales services.
Nénuphar shall not be liable for disruptions inherent in Internet use, including service interruptions, external intrusions, computer viruses, or force majeure events recognized by French case law.
In accordance with the French Data Protection Act of January 6, 1978, users have the right to access and correct personal data concerning them.
All elements of the Nénuphar Sailing Equipment website, whether visual, audio, or technological, are protected by copyright, trademark, and patent laws and remain the exclusive property of Nénuphar SA.
Anyone wishing to place a simple link to:
must first obtain authorization from Nénuphar SAS.
Framing and inline-linking techniques are strictly prohibited.
Any authorized link must be removed upon simple request by Nénuphar SAS.
Should any provision of these terms become invalid due to legislation, regulations, or a court decision, the remaining provisions shall remain in full force and effect.
These terms remain applicable throughout the period during which services are offered online by Nénuphar SAS.
Order forms and invoices are archived on reliable and durable media in accordance with Article 1348 of the French Civil Code.
These terms are governed by French law.
In the absence of an amicable settlement, jurisdiction is assigned to the competent courts of Melun, France.
