Conditions of sale
- Contractual documents
- Entry in force - Term
- Electronic signature
- Order confirmation
- Proof of transaction
- Information on products
- Mode of payment
- Availability of products
- Terms of delivery
- Delivery problems due to the forwarding agent
- Errors in delivery
- Guarantee of products, Responsibility
- Right of statutory cancellation
- Force majeure
- Partial non-validation
- No waiver
- Applicable Law
- Data protection
- Intellectual Property
Z.A. de Merlin
Phone : 05 65 69 20 20
SA with capital of 195 000 euros
RCS Rodez (registration number) : 776 727 380 000 29
Intracommunity VAT N° : FR 40 776 727 380
The www.lanaucelloise.fr website is operated by La Naucelloise (Siret (Registration number) 776 727 380 000 29, RCS (Trade and companies register) of Rodez). All orders made of a product featured in the online store of this website suppose the consultation and previous acceptance of these general conditions of sale.
As a consequence, customers acknowledge being fully informed of the fact that their agreement to the content of these general conditions of sale do not require any handwritten signature of this document, since customers order products that are present online in the store of the website.
Customers have the option to save or print these terms, given that both saving and editing of this document are of their responsibility.
Customers declare that they have the full legal capacity to commit to these general condition.
These general conditions of sale are intended to define the rights and obligations of the parties within the scope of the online sale of goods offered by La Naucelloise to customers.
This contract is made up of the following contractual documents, presented in descending order:these general condition;the order form. In the event of contradiction between the provisions shown in the documents of different ranking, the provisions of the higher rank shall prevail.
These general conditions enter into force as on the date of signing the order form. These general conditions are entered into for the duration required to supply the goods and services purchased, until expiry of the guarantees due by La Naucelloise.
Customers acknowledge accepting orders as well as the entire General Conditions of Sale in full and unconditionally when clicking on the "confirm" button after the order process. This constitutes an electronic signature which has the same value as a handwritten signature between the parties.
Contractual information shall be covered by a confirmation by e-mail no later than at the time of delivery or failing which, by post to the address given by the customer on the order form.
The computerised records, stored in the La Naucelloise computer systems in conditions of reasonable security, shall be considered as proff of communication, orders and payments concluded between the parties. The archiving of order forms and invoices is made on a reliable and durable medium and can be produced as evidence.
A - Information on products
La Naucelloise presents on its website the products to be sold with the necessary charcteristics adhering to article L 111-1 of the French Consumer Code, which provides for potential customers to be informed of the essential characteristics of the products the latter wish to purchase, prior to placing their final order.
B - Stocks
The offers presented by La Naucelloise are only valid within the limit of stocks available.
Prices are shown in Euros and are only valid as on the date of the order sent by the customer. They do not include the preparation and delivery costs which are invoiced as extra and indicated prior to the confirmation of order.
They include the V.A.T applicable as on the day of the order and any change in the rate of V.A.T applicable shall be automatically passed on to the price of the products of the online store.
The full price must be paid at the time of the order. Under no circumstances, may amounts paid be considered as deposits or instalments.
Customers have a choice between the modes of payment proposed on the website at the time of the order,i.e.:credit card via e-transaction through the Crédit Agricole.
Customers guarantee La Naucelloise that they have all the necessary authorisations to use the mode of payment chosen when confirming the order.
La Naucelloise reserves the right to suspend any order management and any delivery in the event of credit card refusal by officially accredited organisations or in the event of non-payment.
La Naucelloise particularly reserves the right to refuse making a delivery or honouring an order from customers who have not totally or partially settled a previous order or with whom there is a pending payment litigation.
Orders shall be executed no later than within 2 days of customers placing an order.
If the product ordered is not available, particularly due to our suppliers, customers shall be informed accordingly as soon as possible and shall have the possibility of cancelling their orders.
Customers shall have the choice of either requesting reimbursement of the amount paid no later than 30 days from payment, or a change of product.
Products are delivered to the address indicated by customers on the order form.
Customers shall check the condition of the packaging of goods delivery and inform of any damage due to the forwarding agent on the delivery note, as well as to La Naucelloise within one week.
La Naucelloise works essentially with the French Post Office in order to reduce carriage costs as much as possible. All small or medium-sized products are usually shipped by a service of the French Post Office called Colissimo Suivi. This service offers you the possibility of collecting the products ordered from the post office the closest to your delivery address in the event of your absence at the initial place of delivery on presentation by the postman.
If you are absent on the day of delivery, your postman will leave a notice for you in your letter box, enabling you to collect your parcel from your Post Office during opening hours, within 15 days.
Colissimo Suivi is a very reliable service. Howerver, like with any shipment, there maybe a delay in delivery or loss of product. In the event of a delay in delivery with respect to the date we indicated to you in the shipping e-mail, we would ask you to inform of this delay by telephoning us or sending us an e-mail. We shall contact the Post Office to make enquiries. An enquiry with the Post Office may take up to 21 days from the start of the enquiry. If during this time, your product is found, it will be rerouted to your home immediately (majority of cases). If, alternatively, the product is not found after the 21-day enquiry period, the Post Office considers the parcel as lost. It is only at this point that we can send you a replacement product, at our expense. If one or more products ordered were no longer available at this point, we would reimburse you the amount of the products related to the loss from the forwarding agent. If the product(s) were still available, but had changed price on the website, we would apply the new sales price, either by reimbursing you the difference by cheque or requesting an additional cheque for this price difference.
La Naucelloise declines all responsibility with regard to the extension of delivery times due to the forwarding agent, in particular in the event of loss of products or strike.
In the event of payment by cheque, orders shall be processed on receipt of cheques. As a consequence, the delivery times applicable in this case are those as on the day of receipt of the cheque and may be changes with respect to those stated as on the day the order is placed.
In the event of articles delivered at different dates due to availability reasons, the delivery time is based on the longest delivery time. La Naucelloise does, however, reserve the right to make partial deliveries. The contribution to the processing and shipping costs shall only be invoiced for one single shipment.
La Naucelloise may not be held liable for the consequences of a delay in delivery.
Any discrepancy relating to the delivery (damage, product missing from the order, damaged parcel, broken products, etc) shall be immediately indicated on the delivery form in the form of "handwritten reservation", along with the customer's signature. Customers shall also confirm this discrepancy by sending the forwarding agent within three (3) working days following the delivery date, a letter indicating the said claims.
Customers shall forward of copy of this letter by post to :
La Naucelloise - Service Client - Z.A. de Merlin - 12800 Naucelle-Gare
ATTENTION: returns must be sent to this address in accordance with the procedure of article 14 or 16.
A - Complaint
Customers shall file any complaint of error in delivery and/or non-compliance of products in terms of type or quality with respect to the indications shown on the order form, to La Naucelloise the same day as the delivery or no later than the first working day following delivery. Any complaints filed beyond this period shall be rejected.
B - Complaint contact
This complaint may be filed to La Naucelloise :
- by e-mail: firstname.lastname@example.org
C - Rules
Any complaint not made within the rules defined above and within the deadlines laid down may not be taken into account and shall waive La Naucelloise of any responsibility with regard to customers.
D - Replacement number
On receipt of the complaint, La Naucelloise shall allocate a replacement number to the product or product(s) concerned and shall forward this to the customer by e-mail, fax or telephone. A product cannot be replaced before the customer is allocated a replacement number in accordance with the procedure described above.
E - Return of product
In the event of an error in delivery or replacement, all products to be replaced or reimbursed should be returned to La Naucelloise, intact, in their entirety and original packaging, by Colissimo Suivi, to the following address : SA La Naucelloise - Service après vente - Z.A. de Merlin - 12800 Naucelle-Gare
In order to be accepted, returns must be previously informed to the Customer Service Department.
The shipping costs are at the expense of La Naucelloise, unless it was proven that the product taken back did not correspond to the original declaration made by the customer in the return note.
A - Legal guarantee
In compliance with article 4 of order n°78-464 of 24th March 1978, the provisions hereof cannot deprive the customer of the legal guarantee which obliges the Vendor to guarantee against all the consequences of hidden defects of the article sold.
B - Manufacturer's responsibility
Customers are expressly informed that La Naucelloise is not the producer of the products presented within the scope of the website, in pursuance of law n°98-389 of 19th May 1998 and relating to the responsibility of defective products.
As a consequence, in the event of damage caused to person or property due to a defect in the product, only the responsibility of the producer of the lattermay be involved by the customer, based on the information shown on the packaging of the said product.
C - Legislation
SA La Naucelloise's responsibility shall not be involved in the event of non-adherence to the legislation of the country where the products are delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you plan to order.
D - Texts and photographs
The photographs and texts reproduced and illustrating the products shown are not binding. As a consequence, La Naucelloise's responsibility shall not be involved in the event of an error in one of these photographs or texts.
E - Hypertext links
Hypertext links may transfer to other websites than the www.lanaucelloise.fr website. La Naucelloise waives any responsibility in the event of the content of these websites violating the legal and statutory provisions in force.
F - Reminder of return process
For any exercise of the guarantee, returns are performed in compliance with the terms of article 16. Unless a non-compliant product or coverage of the return by the manufacturer is involved, the expenses and risks related to the return of the defective product are at your expense. We draw your attention once again to the necessity to enclose the guarantee voucher in the return parcel. This guarantee voucher is demanded by certain manufacturers within the scope of a repair under the guarantee.
Customers have 7 calendar days to return, at their cost, unsuitable products. This deadline runs from the day of delivery of the customer's order. All returns must be previously informed to the La Naucelloise Customer Service Department :
- by email: email@example.com
A return number shall be allocated to the product. The product shall be returned to La Naucelloise, intact, in its entirety and its original packaging, by Colissimo to the following address :
La Naucelloise - Z.A. de Merlin - 12800 Naucelle-Gare
Only products returned in their entirety, in their full original packaging and intact, and in perfect condition for resale shall be taken back. Any product that has been damaged, or the original packaging of which has been damaged, shall not be reimbursed or replace.
This right of statutory cancellation is exercised with no penalty, to the exception of the return costs. If the right of statutory cancellation is exercised, the customer has the choice of requesting either reimbursement of the sums paid or replacement of the product. In the case of a replacement, reshipment is at the expense of the customer.
In the case of the exercise of the right of statutory cancellation, La Naucelloise shall do its utmost to reimburse customers within 15 days.
Customers are then reimbursed by cheque.
Neither of the parties will have failed in its contractual obligation, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. A fortuitous, force majeure event or circumstances beyond control will be regarded as those which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties and which could not be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other within ten working days following the date on which it is aware of this.
Both parties will then meet within one month, except if the force majeure event prevents them from doing so, in order to examine the consequences of the event and to agree on how the obligations of the conctract will be fulfilled. If the force majeure event exceeds three months, these general conditions may be terminated by the aggrieved party.
It is explicitly agreed that, other than those which are normally accepted by case law of French courts : blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stop of telecommunication networks or difficulties specific to telecommunication networks external to customers shall be considered as force majeure or fortuitous events.
If one or more of the stipulations of these general conditions are found invalid or held to be such by any legal or regulatory body or following a final decision of a competent court, the other stipulations shall remain in full force and scope.
The failure of either party to pursue any breach by the other party of any one of the obligations of these general conditions shall not be subsequently construed as a waiver of the obligation in question.
In the event of difficulty in construction of any one of the headings at the head of the clauses, and any one of the clauses, the headings shall be deemed as non-existent.
These general conditions are governed by French law. The same applies fot the rules of substance as for the rules of form. In the event of a litigation, the French courts shall have sole juridiction. In the event of litigation or claim, customers shall contact La Naucelloise as a matter of priority in order to obtain an amicable solution.
The information requested from customers is required to process their orders and may be passed on to the La Naucelloise's contractual partners operating within the scope of the execution their orders. Customers may write to La Naucelloise whose details are specified in the legal notices section of the website, in order to oppose such forwarding or to exercise their right of access and rectification of their personal data and featured in the files of the La Naucelloise, under the conditions laid down by the act of 6th January 1978.
All the content (texts, comments, structures, illustrations, images, etc) posted on www.lanaucelloise.fr is protected under copyright and intellectual property for the whole world. For this reason and in accordance with the Code of Intellectual Property, only the use for private use is authorised, subject to differing or more restrictive provisions of the code of intellectual property. Any other use constitutes infringement and shall be sanctioned by way of Intellectual Property in the absence of prior authorisation of www.lanaucelloise.fr.