{"id":8686,"date":"2026-03-18T09:34:14","date_gmt":"2026-03-18T09:34:14","guid":{"rendered":"https:\/\/nen.kmkoncept.fr\/?page_id=8686"},"modified":"2026-08-31T18:48:51","modified_gmt":"2026-08-31T18:48:51","slug":"general-conditions-of-sale","status":"publish","type":"page","link":"https:\/\/www.nenuphar.com\/en\/general-conditions-of-sale\/","title":{"rendered":"General terms &amp; conditions of sale"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\"><em>This document is an English translation of NENUPHAR&rsquo;s French-language \u201cConditions g\u00e9n\u00e9rales de vente\u201d, provided for the convenience of customers located in other Member States of the European Union. In the event of any discrepancy or inconsistency between this English translation and the French original, the French version shall prevail.<\/em><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">These general terms and conditions of sale (the \u201cTerms\u201d) are entered into between, on the one hand, NENUPHAR SAS, a company registered with the Trade and Companies Register (RCS) of Melun under number B 409 609 088, having its registered office at ZA du Rocher Vert, 8 rue Gustave Eiffel, 77140 Nemours, France, hereinafter referred to as \u201cNENUPHAR\u201d or \u201cNENUPHAR SAILING EQUIPMENT\u201d, and, on the other hand, any person wishing to make a purchase via NENUPHAR&rsquo;s website:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/www.nenuphar.com\">https:\/\/www.nenuphar.com<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">hereinafter referred to as the \u201cUser\u201d.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">These Terms apply to companies registered with a trade and companies register, associations duly registered with the relevant authority, and individual (private) customers. The parties agree that their relationship shall be governed exclusively by these Terms, to the exclusion of any other terms previously made available on the website.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Should any matter not be covered by these Terms, it shall be governed by the customary practices applicable in the distance-selling sector among companies established in France.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">NENUPHAR SAS undertakes to comply with all applicable provisions of the French Consumer Code (Code de la consommation) relating to distance selling. Where these Terms refer to provisions of French law, please note that the contract is governed by French law, subject to the mandatory consumer-protection provisions of your country of habitual residence, as set out in the \u201cGoverning Law and Jurisdiction\u201d article below.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Legal and Contact Information<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Publisher and seller: NENUPHAR SAS, a French simplified joint-stock company (soci\u00e9t\u00e9 par actions simplifi\u00e9e) with share capital of \u20ac105,000, registered with the Trade and Companies Register of Melun under number B 409 609 088, with its registered office at ZA du Rocher Vert, 8 rue Gustave Eiffel, 77140 Nemours, France \u2014 intra-Community VAT number: FR42 409 609 088 \u2014 telephone: +33 1 64 45 01 00 \u2014 email: info@nenuphar.com \u2014 website: https:\/\/www.nenuphar.com.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Purpose<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">These Terms set out the terms and conditions of sale between NENUPHAR and the User, from the placing of an order through to after-sales service, including payment and delivery. They govern every step required to place an order and ensure that the order is properly tracked between the parties.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Orders<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">An order can only be registered on the website if the User has clearly identified themselves by entering their customer code (or NENUPHAR&rsquo;s specific website login) and their password, both of which are strictly personal. Placing an order constitutes acceptance of the prices and descriptions of the products offered for sale. It also constitutes a binding obligation to pay, in accordance with French Act No. 2014-344 of 17 March 2014 (known as the \u201cLoi Hamon\u201d).<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Any dispute on this point will be dealt with under the exchange procedure and the warranties referred to below. NENUPHAR undertakes to fulfil orders received via the website only within the limits of available stock. Should a product be unavailable, NENUPHAR undertakes to inform the User as soon as possible. Photographs are not contractually binding, and colours may vary depending on availability.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For certain items, we have added technical drawings so that you can check that the model you have chosen is compatible with your boat. A tick-box lets you confirm that you have checked the drawing, which means that, in particular for rare references, we will not accept an exchange in the event of an error on your part. This clause applies without prejudice to the statutory right of withdrawal available to consumers for products that do not fall within the scope of the legal exceptions applicable to goods made to the consumer&rsquo;s specifications (Article L. 221-28 of the French Consumer Code).<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Photographs of items, and the colours shown in those photographs, are NOT CONTRACTUALLY BINDING.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Items made to the customer&rsquo;s specifications or clearly personalised are neither taken back nor exchanged, under the conditions set out in the \u201cExceptions to the Right of Withdrawal\u201d article below; this rule does not deprive consumers of their right of withdrawal for standard items that are simply made to order without being personalised.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Delivery<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Delivery times are given for guidance only and may, in some cases, be longer than expected. In accordance with Articles L. 216-2 and L. 216-3 of the French Consumer Code (implementing Directive 2011\/83\/EU on consumer rights), if NENUPHAR has not delivered the goods by the date indicated when the order was placed (or, failing any indication, within 30 days of the conclusion of the contract), the consumer may, after having formally requested NENUPHAR to deliver within a reasonable additional period and in the absence of delivery within that period, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium; NENUPHAR will then refund all sums paid, at the latest within fourteen days of the date on which the contract was terminated.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Delivery can only take place at an address where someone is present all day, as the carrier is unable to make an appointment.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It is the recipient&rsquo;s responsibility to record clear and complete reservations on the carrier&rsquo;s delivery note, and to confirm those reasoned reservations to the carrier by registered letter within the statutory period of 3 days (excluding public holidays) following receipt of the goods, in accordance with Article L. 133-3 of the French Commercial Code. The mere statement \u201csubject to unpacking\u201d has no legal value. The recipient&rsquo;s full name, signature and the date must be entered on the delivery note provided.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Any risk of damage or loss is transferred to the consumer at the moment when the consumer, or a third party designated by the consumer other than the carrier, physically takes possession of the goods. NENUPHAR cannot in any way carry out this inspection on your behalf, and cannot be held responsible if you fail to take the time to carry it out.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Our business customers must notify us in writing of any dispute or claim within two days of receiving the goods.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For our private individual customers, please refer to the \u201cRight of Withdrawal\u201d section.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">NENUPHAR refuses any return of goods made without prior authorisation (except for private individuals \u2014 see \u201cRight of Withdrawal\u201d). Where a return is authorised, the returned goods must match the return authorisation issued by our sales department. Except where the return results from a lack of conformity or a hidden defect covered by the legal warranty (see the \u201cWarranty and After-Sales Service\u201d article below, in which case shipping costs are borne entirely by NENUPHAR), shipping costs remain payable by the customer.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Special, export or sea-freight packaging is invoiced separately.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Payment<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">NENUPHAR offers several payment methods:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">By credit card (Visa, Eurocard-Mastercard) via our bank&rsquo;s secure website, Soci\u00e9t\u00e9 G\u00e9n\u00e9rale.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">By PayPal.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">By bank transfer to our account.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">By cheque: once your basket has been validated, an order form is displayed, ready to be printed, showing the details of your order. Simply send us this order form by post together with a cheque for the full payment, and we will prepare your order upon receipt. PLEASE NOTE: we only accept cheques drawn on French banks.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Unless otherwise agreed, payment is due when the order is placed, with no early-payment discount.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Prices<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Prices are shown in euros, inclusive of tax, at the VAT rate applicable on the day the order is placed.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Any change in the applicable VAT rate may be passed on to product prices. Beyond that date, prices are liable to be changed at any time. Prices for items ordered on the website based on catalogue references (general or specialist) are those shown, together with the date indicated in the catalogue concerned, and are liable to be changed without prior notice.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><em>[Note for NENUPHAR: for cross-border B2C sales to customers located in other EU Member States, VAT may be due at the rate applicable in the customer&rsquo;s country of residence under the EU One-Stop Shop (OSS) scheme once the relevant EU-wide distance-sales threshold (\u20ac10,000 net per calendar year, all Member States combined) is exceeded. Please confirm the applicable VAT treatment with your accountant before applying these Terms to customers outside France.]<\/em><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Promotional Codes<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Promotional codes are reserved for specific categories of users. We reserve the right to carry out checks and, where applicable, to cancel a code used by someone who does not belong to the designated category of users, or that has been used fraudulently.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Signatures and Evidence<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Any website user who does not yet have a customer number must complete a registration procedure in order to subsequently obtain one.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This number is personal. Any loss of, or failure to recall, this number must be reported to NENUPHAR promptly by contacting an advisor on +33 1 64 45 01 00 or by email at info@nenuphar.com.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In all cases, final validation of the order shall constitute proof of the order in its entirety, in accordance with Articles 1366 and 1367 of the French Civil Code (resulting from the French Act of 13 March 2000 on electronic evidence and signatures), and shall render due the sums committed by entering the items shown on the order form. This validation constitutes signature and express acceptance of all operations carried out on the website.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Statutory flat-rate compensation for debt-collection costs (Article L. 441-10 of the French Commercial Code, resulting from the recodification carried out by Ordinance No. 2019-359 of 24 April 2019; formerly Article L. 441-6, as amended by Act No. 2012-387 of 22 March 2012 on the simplification of the law and the easing of administrative procedures, transposing European Directive 2011\/7\/EU of 16 February 2011 on combating late payment in commercial transactions): any professional customer in a situation of late payment automatically becomes liable to the creditor for flat-rate compensation of \u20ac40 for debt-collection costs, in addition to any late-payment penalties. The sum of \u20ac40 was set by implementing decree No. 2012-1115 of 2 October 2012. Where the debt-collection costs actually incurred exceed the amount of this flat-rate compensation, NENUPHAR may claim additional compensation upon presentation of supporting evidence.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Right of Withdrawal for Private Individuals (\u201cthe Consumer\u201d)<br>Right of withdrawal applicable to contracts concluded at a distance and off-premises. For private individuals only, hereinafter referred to as \u201cthe Consumer\u201d.<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Consumer has a period of fourteen days to exercise their right of withdrawal from a contract concluded at a distance, following telephone solicitation, or off-premises, without having to give reasons for their decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25 of the French Consumer Code. This right of withdrawal implements Directive 2011\/83\/EU of the European Parliament and of the Council on consumer rights, which is harmonised across the European Union.<br>The period referred to in the first paragraph runs from the day on which:<br>The goods are received by the Consumer, or by a third party other than the carrier designated by the Consumer, for contracts for the sale of goods. For contracts concluded off-premises, the Consumer may exercise their right of withdrawal from the date the contract is concluded.<br>Where an order covers several goods delivered separately, or where an order is for goods made up of multiple lots or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, lot or part.<br>For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Article L. 221-19 of the French Consumer Code<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In accordance with Council Regulation (EEC, Euratom) No. 1182\/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits:<br>1\u00b0 The day on which the contract is concluded, or the day the goods are received, is not counted within the period referred to in Article L. 221-18;<br>2\u00b0 The period begins to run at the start of the first hour of the first day and ends at the expiry of the last hour of the last day of the period;<br>3\u00b0 If this period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Article L. 221-20 of the French Consumer Code<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Where information relating to the right of withdrawal has not been provided to the Consumer under the conditions set out in Article L. 221-5, 2\u00b0, the withdrawal period is extended by twelve months from the expiry of the initial withdrawal period determined in accordance with Article L. 221-18.<br>However, where this information is provided during this extension period, the withdrawal period expires fourteen days after the day on which the Consumer received that information.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Article L. 221-21 of the French Consumer Code<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Consumer exercises their right of withdrawal by informing the professional of their decision to withdraw, before the expiry of the period provided for in Article L. 221-18, by sending the withdrawal form referred to in Article L. 221-5, 2\u00b0, or any other unambiguous statement expressing their wish to withdraw.<br>The professional may also allow the Consumer to complete and submit the form or statement referred to in the first paragraph online, on its website. In that case, the professional will send the Consumer, without delay, an acknowledgment of receipt of the withdrawal on a durable medium.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>WITHDRAWAL FORM:<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">(Please complete and return this form only if you wish to withdraw from the contract, except in the cases mentioned in the \u201cExceptions to the Right of Withdrawal\u201d article.)<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For the attention of NENUPHAR SAS \u2013 ZA du Rocher Vert, 8 rue Gustave Eiffel, 77140 Nemours, France \u2013 info@nenuphar.com:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">I\/We (*) hereby give notice that I\/we (*) withdraw from the contract for the sale of the goods below:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Ordered on (*) \/ received on (*): \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Name of consumer(s): \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Address of consumer(s): \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Signature of consumer(s) (only where this form is notified on paper): \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Date: \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">(*) Delete as appropriate.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Article L. 221-22 of the French Consumer Code<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The burden of proving that the right of withdrawal has been exercised under the conditions set out in Article L. 221-21 lies with the Consumer.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Article L. 221-23 of the French Consumer Code<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Consumer shall return or send back the goods to the professional, or to a person designated by the professional, without undue delay and, at the latest, within fourteen days of communicating their decision to withdraw in accordance with Article L. 221-21, unless the professional offers to collect the goods themselves. THE COST OF RETURNING THE GOODS IS BORNE BY THE CONSUMER.<br>The Consumer only bears the direct cost of returning the goods (postage and packaging).<br>The Consumer&rsquo;s liability may only be engaged where the goods have been depreciated as a result of handling other than that necessary to establish the nature, characteristics and proper functioning of those goods, provided that the professional has informed the Consumer of their right of withdrawal in accordance with Article L. 221-5, 2\u00b0.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Article L. 221-24 of the French Consumer Code<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Where the right of withdrawal is exercised, the professional shall reimburse the Consumer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen days of being informed of the Consumer&rsquo;s decision to withdraw.<br>For contracts for the sale of goods, unless the professional offers to collect the goods themselves, the professional may defer reimbursement until the goods have been recovered, or until the Consumer has provided proof of having sent the goods, whichever occurs first.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The professional shall make this reimbursement using the same means of payment as that used by the Consumer for the original transaction, unless the Consumer expressly agrees to a different means, and provided the reimbursement does not incur any cost for the Consumer.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The professional is not required to reimburse additional costs where the Consumer has expressly chosen a delivery method that is more expensive than the standard delivery method offered by the professional.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Exceptions to the Right of Withdrawal:<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">PLEASE NOTE: made-to-measure items, items ordered specifically outside our standard range, ropes\/cordage, shock cord, centreboard gaskets, and battens sold by the metre are neither taken back nor exchanged! Any item sold by the metre will be rounded up to the next whole metre \u2014 for example, for cable or tubing sold by the metre, if you wish to order 4.20 m, you must order 5 m.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For clearance and promotional items not covered by the rule above, returns are permitted; however, return shipping costs remain your responsibility.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Return Address:<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">NENUPHAR SAILING EQUIPMENT SA<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ZA du Rocher Vert \u2013 8 rue Gustave Eiffel<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">77140 Nemours, France<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Returns for Exchange<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Only products that are unused, complete, returned in their original packaging and accompanied by your purchase invoice and this return form will be accepted.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For any change of model, size or colour compared with your original order, all shipping costs are your responsibility (return of the product to be exchanged, and re-shipment of the new product).<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">All returns must be made using a trackable means of transport: we accept no liability if the parcel does not reach us.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Any product that has been damaged, or whose original packaging has been damaged, will not be refunded.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Warranty and After-Sales Service<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Article L. 217-4 of the French Consumer Code<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery.<br>The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation, where installation was the seller&rsquo;s responsibility under the contract or was carried out under the seller&rsquo;s responsibility.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Article L. 217-5 of the French Consumer Code<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Goods are deemed to conform to the contract:<br>1\u00b0 If they are fit for the purpose ordinarily expected of similar goods and, where applicable:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">if they match the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">if they possess the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, the producer or their representative, in particular in advertising or labelling;<br>2\u00b0 Or if they possess the characteristics defined by mutual agreement between the parties, or are fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Article L. 217-12 of the French Consumer Code<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Any action arising from a lack of conformity is time-barred two years after delivery of the goods.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Article L. 217-16 of the French Consumer Code<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Where the buyer requests the seller, during the term of the commercial guarantee granted upon purchase or repair of an item of movable goods, to carry out repair work covered by that guarantee, any period during which the goods are unavailable for use of at least seven days shall be added to the remaining duration of the guarantee.<br>This period runs from the date on which the buyer requests intervention, or from the date the goods are made available for repair, if later than the request for intervention.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Warranty against Hidden Defects<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Article 1641 of the French Civil Code:<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The seller is bound by a warranty on account of hidden defects in the goods sold which render them unfit for their intended purpose, or which so impair that purpose that the buyer would not have acquired them, or would have paid a lower price, had the buyer been aware of them.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Article 1648 of the French Civil Code:<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">An action arising from redhibitory defects must be brought by the buyer within two years of discovering the defect.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Procedure<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">To initiate an after-sales service procedure, please contact us by email at info@nenuphar.com or by telephone on +33 1 64 45 01 00 to obtain prior authorisation for the return, and then, where applicable, return the defective product together with its purchase invoice to our address.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Return shipping costs are payable by the customer, except where the return results from a lack of conformity or a hidden defect covered by the legal warranty (see above), in which case these costs are borne entirely by NENUPHAR.<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Consumers have the right to refer a dispute with the professional to a consumer mediator:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Disputes<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In the event of a dispute between the professional and the Consumer, the parties shall endeavour to reach an amicable solution.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Failing an amicable agreement, the Consumer may refer the matter free of charge to the consumer mediator to which the professional belongs, namely the Association des M\u00e9diateurs Europ\u00e9ens (AME CONSO), within one year of the written complaint sent to the professional. AME CONSO is a consumer alternative dispute resolution (ADR) entity approved under Directive 2013\/11\/EU on alternative dispute resolution for consumer disputes. Consumers residing in another EU Member State may also seek guidance from their national European Consumer Centre (part of the European Consumer Centres Network, ECC-Net).<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The consumer mediator may be contacted:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">or by post, addressed to AME CONSO, 11 Place Dauphine \u2013 75001 Paris, France.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Liability<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">NENUPHAR is subject only to an obligation of means (best-efforts obligation) at every stage of access to the website, the ordering process, delivery and any subsequent services. NENUPHAR cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a service interruption, external intrusion, the presence of computer viruses, or any event qualified as force majeure under applicable case law.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Personal Data<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">NENUPHAR SAS, as data controller, collects and processes the personal data of users of the website https:\/\/www.nenuphar.com in compliance with Regulation (EU) 2016\/679 of 27 April 2016 (the \u201cGDPR\u201d) and French Act No. 78-17 of 6 January 1978, as amended, relating to information technology, data files and civil liberties. As an EU regulation, the GDPR applies directly and equally to all users located in the European Union, regardless of their country of residence.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Purposes of processing: managing orders and the customer relationship, invoicing and accounting, managing customer accounts, responding to sales and after-sales service enquiries and, subject to the user&rsquo;s consent, sending marketing communications and newsletters.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Legal basis: performance of the sales contract, compliance with legal and regulatory obligations (accounting, tax) and, for marketing purposes, consent or NENUPHAR&rsquo;s legitimate interest.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Recipients of data: NENUPHAR&rsquo;s authorised internal staff and, where applicable, its technical subcontractors (website hosting, payment provider, carriers), strictly to the extent necessary to perform the requested services.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Retention period: data is kept for as long as necessary to manage the customer relationship, plus any applicable statutory limitation periods, in particular for accounting and tax purposes.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">User rights: in accordance with Articles 15 to 22 of the GDPR, users have the right to access, rectify, erase, restrict and object to the processing of their data, and to data portability, as well as the right to issue instructions on the fate of their data after their death. These rights may be exercised with NENUPHAR by email (info@nenuphar.com) or by post to the registered office address.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Complaint: users also have the right to lodge a complaint with the French data protection authority, the Commission Nationale de l&rsquo;Informatique et des Libert\u00e9s (CNIL) \u2014 www.cnil.fr \u2014 or, where the user resides in another EU Member State, with the supervisory authority of that Member State, in accordance with Article 77 of the GDPR.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Intellectual Property<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">All elements of the NENUPHAR website, whether visual or audio, including the underlying technology, are protected by copyright, trademark or patent rights. They are the exclusive property of NENUPHAR SAS. Users who operate a personal website and who wish to place, for personal use, a simple link on their site pointing directly to the NENUPHAR homepage at https:\/\/www.nenuphar.com<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>must first obtain authorisation from NENUPHAR SAS to do so.<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This shall not, in any event, constitute an implicit affiliation agreement. Conversely, any hyperlink to the NENUPHAR website using framing or in-line linking techniques is strictly prohibited. In all cases, any link, even where tacitly authorised, must be removed upon simple request from NENUPHAR SAS.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Data Privacy<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">See the \u201cPersonal Data\u201d article above for full details of how users&rsquo; personal data is protected, in accordance with the GDPR and the amended French Data Protection Act. (The reference to the former CNIL registration No. 884013 of 3 December 2003 has been removed: the requirement to register with the CNIL prior to processing was abolished when the GDPR became applicable on 25 May 2018.)<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Entire Agreement, Governing Law and Jurisdiction<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Should any clause of this contract become null and void as a result of a change in legislation, regulation, or a court decision, this shall not, under any circumstances, affect the validity of, or compliance with, these general terms and conditions of sale. These Terms apply for as long as the services offered by NENUPHAR SAS remain available online. Order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy, in accordance with Article 1348 of the French Civil Code. These Terms are governed by French law. In the event of a dispute, and failing an amicable agreement between the parties, jurisdiction is granted to the competent courts of Melun, France.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This choice of French law does not deprive consumers of the protection afforded to them by any mandatory provisions of the law of the country in which they have their habitual residence, where such provisions cannot be derogated from by agreement, in accordance with Article 6(2) of Regulation (EC) No. 593\/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (\u201cRome I\u201d).<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For consumers, this jurisdiction clause does not prevent the application of Article R. 631-3 of the French Consumer Code: consumers may bring proceedings, at their choice, before the court of the place where they were domiciled at the time the contract was concluded or the harmful event occurred, or before any other court with territorial jurisdiction under the French Code of Civil Procedure. The jurisdiction clause in favour of the courts of Melun referred to above applies exclusively to disputes between professionals.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This document is an English translation of NENUPHAR&rsquo;s French-language \u201cConditions g\u00e9n\u00e9rales de vente\u201d, provided for the convenience of customers located in other Member States of the European Union. In the event of any discrepancy or inconsistency between this English translation and the French original, the French version shall prevail. 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