Introduction
Continued navigation on this site accessible at www.nekala.fr is acceptance without reservation of the provisions and General Conditions of Sale (GTC) described below for any order and purchase made within the online store Nekala.
The present General Terms and Conditions of Sale, the General Terms and Conditions of Use (GTCU) of the website and the Special Terms and Conditions constitute the entirety of the agreements between the parties concerning its object. The adhesion to the present is done by clicking on the button "I have read and I accept the General Conditions of Sale".
The NEKALA company reserves the right to adapt and revise at any time the present General Conditions of Sale. The general conditions applicable to the sale are those in force at the time of the purchase or the order.
Parties and charters
On the one hand, the company NEKALA, a simplified joint stock company, with a capital of 40,000 euros, registered in the Marseille Trade and Companies Register under number 90 210 230, whose registered office is located at 288 chemin du Marseillais 1330 Roquevaire, and represented by its legal representative domiciled at the said office;
On the other hand, the buyer - the customer, represented by any person of legal age with the capacity to contract and having made a purchase on the site www.nekala.fr.
Hereinafter referred to together as "the parties". Ordering and purchasing process
The purchase of any product online on the site www.nekala.fr is conditioned by the following steps:
- Creation of a personal account or identification to the said account if it has been created beforehand;
- Choice of products and addition to the basket;
- Verification and validation of the contents of the basket;
- Choice of delivery method ;
- Choice of payment method and acceptance of the T&Cs ;
- Validation of the payment. Personal account In order to proceed with any online purchase, the customer must create a personal account under guarantee that the information provided is accurate. He must ensure the preservation of the confidentiality of his password and access restrictions to it. The customer must be of age and have the legal capacity to contract.
In the event of inaccurate or erroneous data provided, the NEKALA company could not be held for person in charge of the impossibility of placing order, of delivering, or any other consequence related to this inaccuracy.
If you suspect that your personal account has been misappropriated or used in an unauthorized manner, please inform us as soon as possible so that we can take appropriate action.
The way in which users' personal data is collected and processed by NEKALA is described in the General Data Protection Regulation (GDPR) available on the website.
Basket
Any product selected is entered into the basket. The basket provides an electronic summary of all the products selected. Any product registered must be checked to ensure that it corresponds to its selection.
The basket can be modified by adding, deleting, or changing the quantities of each of the selected products. The whole summary of the final order must then be checked, namely the selected products, the prices of each of the products and the total price including possible shipping costs, as well as the delivery times. The conditions described must be followed before validation of the order.
The validation of the order implies the validation of the General Sales Conditions, the General Conditions of Use of the site, the products purchased, the price, the related fees, the terms and conditions and the delivery time, and the data provided during the creation of the account.
Prices and payment
The prices of the products shown include value added tax (VAT), but exclude shipping and delivery costs. Shipping and delivery costs depend on the delivery location and the methods selected by the customer. These costs, as well as the VAT applicable to each product, are indicated in the shopping cart before order confirmation, as well as by e-mail when the order confirmation e-mail is sent once payment has been made.
The company NEKALA reserves the right to modify its prices at any time. The applicable prices are those in force at the time of the purchase by the customer subject to availability of the selected products
The online payment of orders are made through the following payment methods: payment by credit card, and via paypal. The payment of the purchase will be made from the concerned credit card. Once the payment is made, a proof of payment is sent by e-mail to the address communicated during the creation of the personal online account.
In case of cancellation of the order for any reason whatsoever, a cancellation email is sent to the address provided when creating the personal online account.
Delivery
The company NEKALA commits itself to deliver the ordered and paid articles to the address provided by the customer and according to the following modes and times of delivery:
Order processing time: 48 to 72 hours.
Delivery in France : Colissimo in 48h.
The delivery is offered for any order towards the Metropolitan France.
The customer is held to check the state of the delivered articles and to notify the company NEKALA in the event of anomaly and this within fourteen (14) days. Is considered as anomaly any damage, missing article compared to the order form, damaged or opened parcel, broken article.
All the articles proposed by www.nekala.fr are subjected to the legal guarantee envisaged by the articles 1641 and following of the Civil code.
Right of withdrawal, conditions of exchange and return for refund
In accordance with the legal provisions in force, the customer has a period of fourteen (14) days from receipt of the products to exercise his right of withdrawal without having to justify his reasons or pay a penalty. After communication of the decision to exercise its right of withdrawal established within the time limit, the customer has again a period of fourteen (14) days to return the product or products concerned by the withdrawal, any return costs related to its charge.
In the event that the product(s) prove to be non-conforming, damaged or deteriorated, the customer has the right to make a complaint to the following address: hello@nekala.fr. The customer must specify in his e-mail the reason for the complaint, the date and the number of the order, as well as one or several photographs of the product(s) concerned. Any element that the customer considers relevant can be added.
Any claim must be made within three (3) working days of receipt of the order. If the right is not exercised within this period, no claim can be made.
In any case, the responsibility of the NEKALA company is limited to the purchase price of the product(s) bought. In case of justified complaint, the NEKALA company takes in charge the expenses of return.
Custom-made products cannot be exchanged, returned or refunded.
Services
In case of a defect of the received product which cannot be related to the shipment and delivery, NEKALA company offers a repair service. The repair service includes any action allowing the repair of the defective product. In order to access the service, the customer must make a request to the following address: hello@nekala.fr specifying the service he wishes to perform and attaching one or more photographs of the product concerned by the service. An estimate will be established and sent to the customer. The repair will be carried out as of acceptance and signature of the estimate, and as of reception of the product turned over to the address indicated on the estimate, the expenses of sending and the incurred risks being the responsibility of the customer. The NEKALA company commits itself to return a repaired finished product and will not be able to be disputed at reception by the customer.
In case of wear of the gold layer of the vermeil, the NEKALA company also offers a free service of re-gilding for the customer, provided that the expenses and the risks related to the forwarding of the product are dealt with by the customer. To access the service, the customer must make a request to the following address: hello@nekala.fr specifying the service he wishes to perform and attaching one or more photographs of the product concerned by the service.
The cost of shipping the product to be processed by one of these services is the responsibility of the customer as well as any risks involved, so it is strongly recommended that the customer use a method of delivery that requires tracking and signature, or taking into account insurance capable of covering damage that may be caused to the product during its delivery.
Guarantees
Excluded from the warranty are aging, wear and tear and alteration due to the use of perfume, as well as deterioration, breakage or loss resulting from the intervention of a third party, improper use or lack of maintenance.
The order confirmation or the invoice of the product concerned must be kept and/or transmitted to the recipient of the order if it was offered, as proof of purchase allowing the activation of the guarantees mentioned below.
Article L.211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract and has been carried out under his responsibility.
Article L.211-5 of the Consumer Code
To be in conformity with the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable :
- correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the purchaser, brought to the attention of the seller and accepted by the latter
Article L.211-9 of the Consumer Code
In case of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. In such a case, he shall be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L.211-10 § 1 of the Code of the Consumption
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. The same option is open to him: If the solution requested, proposed or agreed upon in application of article L.211-9 cannot be implemented within one month following the buyer's complaint; Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and the use he is seeking. The resolution of the sale cannot however be pronounced if the defect of conformity is minor.
Article L.211-12 of the Code of Consumption
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article 1641 of the Civil Code
The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it or would have given only a lower price if he had known about them.
Article 1648 § 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Amendment of the contract and independence of clauses
If, for any reason, in particular due to the promulgation of a new law or regulation, the present provisions would become illegal or null and void and would modify the rights of one or the other of the parties, the parties undertake to modify the present contract in order to adjust it to the new legal provisions.
If any provision hereof is found to be invalid, unlawful or for any reason unenforceable, such provision shall be deemed severable from these terms and conditions of sale and shall not affect the validity and enforceability of any remaining provisions which shall remain in full force and effect between the parties, except to the extent that the overall balance of the agreement is materially affected thereby.
Applicable Law and Dispute Resolution
The provisions of this contract are governed by French law.
The parties undertake to settle amicably any disputes that may arise in connection with the interpretation and/or performance of this contract, or subsequent to the completion thereof. Failing that
In the event of no amicable agreement, the dispute will be submitted to the Commercial Court of the jurisdiction of NEKALA's head office, notwithstanding multiple defendants or the introduction of a guarantee.
Contact
For any question or additional information about the services offered on the site or about the site itself, you can write to us at: hello@nekala.fr.
Legal information
Property
NEKALA, a simplified joint stock company with a capital of forty thousand euros, is registered at the RCS of Marseille - France, under the number 92312302, and its head office is located at 288 chemin du Marseillais 13360 Roquevaire, hereafter referred to as "NEKALA".
Intellectual property rights
All the texts, comments, works, illustrations and images reproduced on the site www.nekala.fr are reserved under the copyright as well as under the intellectual property and this for the whole world. Any total or partial reproduction of the site www.nekala.fr by any process or support whatsoever is prohibited and constitutes an infringement without the prior contractual agreement of the company NEKALA.
Branding by Mary Em
Web development by Hello Mathilde
Contact
For any question or additional information about the services offered on the site or about the site itself, you can write to us at: hello@nekala.fr.
General Data Protection Regulation
Information collected
When you visit our online store www.nekala.fr, we automatically receive an Internet Protocol (IP) address that provides us with your computer's address and related information, allowing us to learn more about your browser and operating system and thus facilitate your navigation.
When you make a purchase, the information you provide is collected. This information includes your name, address and e-mail address.
Consent
By providing us with your personal information, you consent to our collection of such information for the purpose of processing your orders. This information is used only for these purposes.
If we were to collect your information for any other purpose, your consent would be expressly requested.
You may withdraw your consent at any time. To do so, simply write to us at: hello@nekala.fr.
By using this site, you represent that you are at least the age of majority in your country of residence.
Information
Your personal information may only be disclosed in circumstances where you would breach our Terms and Conditions of Sale and Use, or if we are explicitly required to do so by law.
Hosting
Our store is hosted by Infomaniak, a platform that offers ecological hosting solutions that respect customer data.
Payment
Stripe, our online payment platform, stores your payment data until your purchase transaction is completed. Once the transaction is completed, your data is deleted.
Stripe complies with the standards set by PCI-DSS managed by the PCI Security Standards Council, which is a joint effort of brands such as Visa, MasterCard, American Express and Discover. The PCI-DSS requirements help ensure the secure processing of credit card information by our store.
For more information, we also invite you to read Stripe's Terms and Conditions.
Security
Your credit card information is never accessible by Nekala. Your credit card information is encrypted using Secure Socket Layer (SSL) technology and stored with AES-256 encryption. While no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and apply the standards recognized as the most secure.
Cookies
To ensure its proper functioning, our website records information relating to the navigation of the user's terminal. However, you can refuse the use of these cookies, or leave our site.
Changes to the Privacy Policy
We reserve the right to change this legal notice - privacy policy at any time. Changes and clarifications will be effective upon posting on this site.
Electronic messages
Messages sent over the Internet can be intercepted. We recommend that you do not disclose unnecessary or sensitive personal information.
Unless you specify otherwise, your emails are kept by Nekala.
Hypertext links
The creation of hyperlinks to the site www.nekala.fr is subject to the prior approval of Nekala. The hyperlinks established to other sites from the site www.nekala.fr can in no way engage the responsibility of Nekala.
Contact
In order to have a right of access, rectification, modification or deletion of your personal data, you can write to us at the following address: hello@nekala.fr