Terms and Conditions
This site is edited and distributed by the nice fleet SAS with a capital of 1000 €
Head office : 33 rue du Faubourg Saint-Antoine 75011 Paris
Registered with the RCS of Paris under the number : 827 986 928 Intra-community VAT
number : FR 25 827 986 928
Siret : 827 986 928 00014
Director of publication : Marie Le Tallec
E-mail : c
email@example.com This website has been created by Shopify Visual
Identity : D'Artagnan Agency
The purpose of the present conditions is to define the contractual relations, rights and obligations, which unite the company: the nice fleetSAS, hereinafter referred to as "thenicefleet.com", registered in the Paris Trade and Companies Register under number 827986928 and whose registered office is located at 33 rue du Faubourg Saint-Antoine 75011 PARIS, France and on the other hand, "the customer", any person visiting and/or buying an item offered for sale on the merchant site "thenicefleet.com".
All this information is presented in French. The consumer declares to have full legal capacity allowing him to commit himself under these general conditions. These conditions of sale shall prevail over any other general or special conditions not expressly approved by "thenicefleet.com". "thenicefleet.com" reserves the right to change its terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.
ACCEPTANCE OF TERMS
The present conditions can be consulted at any time by the Customer by clicking on the heading "GTC and legal notices". Consequently, the Customer acknowledges having read, at the time of placing his order, the special terms and conditions of sale set out on this screen and expressly declares that he accepts them without reservation. These general terms and conditions of sale shall prevail over any other conditions appearing in any other document.
The clientele is not geographically limited. "thenicefleet.com" undertakes to deliver to any Customer residing in metropolitan France according to the modalities described in the present conditions as well as in the rest of the world at the price conditions listed when choosing the type of delivery. For any order placed outside France, the Customer declares and guarantees that he has taken all the necessary precautions to ensure that the Products comply with the legislation applicable in his country.
"thenicefleet.com" presents on its website the products for sale with the necessary characteristics to comply with Article L111-1 of the Consumer Code, which provides for the possibility for the potential buyer to know before the final order is taken the essential characteristics of the products he wishes to buy. In addition, the customer always has the possibility to contact "thenicefleet.com" by email via the Contact section to obtain additional information on the products presented, if he considers it necessary.
The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. "thenicefleet.com" takes the greatest care in putting online information including a complete description of the articles.
The products proposed have been tested by the independent laboratory INTERTEK LTD in order to meet the safety standards of the European Union. Thenicefleet.com makes no guarantee as regards the conformity of products with standards in force outside the European Union.
In principle, "thenicefleet.com" excludes, within the limits permitted by applicable law, any guarantee of hidden defects. However, provided that it is a French consumer within the meaning of the preliminary article of the consumer code, "thenicefleet.com" guarantees the customer in respect of the hidden defects which may affect the products delivered, and commits itself in this framework to replace Defective products or parts making them unfit for use. For the sake of constant improvement of its services, "thenicefleet.com" invites the customer to give him any comments concerning the products through the section Contact.
The selling prices of the products are expressed in euros. The price indicated on the product sheets does not include transport. The price indicated in the order confirmation is the final price, expressed all taxes included for France. It includes the price of the products, handling charges, product packaging and transport costs. The applicable VAT is that in force on the day of the order, any change in rate may be passed on to the price of the products. "thenicefleet.com" reserves the right to modify its prices at any time before placing the order. The price invoiced to the Customer is the price invoiced by the Customer at the time of the validation of his order. Full payment must be made and validated for " thenicefleet.com " to dispatch the order.
For deliveries within the European Union, prices take into account the VAT applicable on the day of the order. For delivery outside the European Union, the customer will have to pay the customs duties, VAT or other taxes due on the occasion of the importation of the products in the country of the place of delivery. The related formalities are also the exclusive responsibility of the customer unless otherwise indicated. The customer is solely responsible for the verification of the import possibilities of the products ordered with regard to the rights of the territory of the country of delivery.
Product offers are valid as long as they are visible on the site within the limits of available stocks. "thenicefleet.com" will do its best to process all orders. However, in the event of unavailability of the product after the order has been placed, the Customer will be informed by e-mail and/or telephone. The Customer's order will be automatically cancelled and the amount paid by the Customer for the missing item will be credited to the Customer's bank account within a maximum of thirty days. The unavailability of the product does not engage the responsibility of "thenicefleet.com" nor give right to damages for the customer. "thenicefleet.com" shall not be held responsible for the non-fulfilment of the contract concluded in case of stock shortage and unavailability of the product, force majeure. Force majeure is understood here and without this list being exhaustive by: disruptions or total or partial strikes in particular of postal services and means of transport and/or communications, floods, fire...
The "basket" allows the Customer to virtually select the items he likes. The Customer may consult, complete or modify it at any time during his visit to the "thenicefleet.com" website. The contents of the basket will be definitively allocated to the Customer after the Customer has validated his basket and his delivery address, subject to the availability of the items. Automatic recording systems are considered to be proof of the nature, content and date of the order. "thenicefleet.com" confirms the acceptance of the order to the customer at the email address provided by the customer. The sale will only be concluded once the order has been confirmed and paid for by the customer. "thenicefleet.com" reserves the right to cancel any order from a customer with whom there is a dispute over payment of a previous order.
The information stated by the customer, when taking the order, commits it: In the event of an error in the wording of the addressee's details, "thenicefleet.com" cannot be held responsible for the inability to deliver the product. In this context, all costs incurred for the re-Dispatch will be borne by the customer. Computerized records, stored in "thenicefleet.com" computer systems under reasonable security conditions, shall be considered as evidence of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof. The archiving of purchase orders and invoices is carried out by "thenicefleet.com" on a reliable and durable support that can be produced as proof. In any case, the customer is advised to keep a copy, on a durable basis, of all documents relating to his order.
ABILITY TO CONTRACT
The Customer guarantees that he is fully entitled to use the bank card he is using, that it is a personal card and that it is not fraudulently used and that this bank card gives access to sufficient funds to cover all costs resulting from the sale of products on the online shop "thenicefleet.com". The Customer must declare to be at least eighteen years of age and have the legal capacity, or have legal authorization, to access and purchase online. In accordance with the law of 13 March 2000 on electronic signature, any order form signed by the customer by "double click" constitutes an irrevocable acceptance which can only be questioned in the cases restrictively provided for in these general conditions of sale such as "right of withdrawal" and "out-of-stock condition". "thenicefleet.com" reserves the right to refuse to make a delivery or to honour an order from a Customer who has only partially paid for a previous order or with whom a payment dispute is being processed.
The price invoiced to the Customer is the price indicated on the order confirmation sent by "thenicefleet.com". The price of the products and any related shipping costs are payable in cash on the day of the actual order. Payment shall be made by credit card bearing the Mastercard, VISA or American Express logo or via the Paypal online payment system, enabling the Customer to pay for purchases in a secure environment. The order validated by the customer will only be considered effective when the bank payment centres concerned have given their agreement. In the event of refusal by the said centres, the order will be automatically cancelled and the Customer notified by e-mail. Availability and dispatch times are to be recalculated from the date of receipt of the means of payment.
SECURITY - CONFIDENTIALITY
The credit card number is directed to the bank's servers, the payment being made directly to a bank without going through the shop's server, this in order to guarantee to the Customer that his numbers are known only to the banking partner of "thenicefleet.com" the bank and Paypal and inaccessible by a third party. "thenicefleet.com" therefore never has access to confidential information relating to the means of payment. This is why the Customer's bank details will be requested for each new order.
The products purchased on the "thenicefleet.com" website can be shipped to metropolitan France, Dom-Tom and most countries abroad.
After placing an order, the Customer will receive an email at the email address he will have indicated in the form, specifying the elements of his order and its registration as well as the tracking number of the package allowing him to follow it on the website of the carrier selected by the Customer. For relay point deliveries, the interactive map of relay points is proposed to the customer after payment of the order and transport costs, in order to select the relay point of his choice to receive his order.
"thenicefleet.com" treats the customer's order within 24 to 48 hours on working days, the packets being routed several times a week, the customer will receive his parcel 48h/72h after his shipment for delivery in France. In case of unusual shipping delays, an information mail will be sent to the customer. "thenicefleet.com" declines all responsibility in the event of an excessively large delivery time attributable to postal services or carriers. For any claim following a delay in delivery, the customer must contact the customer service of the post office. The goods always travel at the buyer's risk. The customer must check the good condition of the goods upon arrival of the parcel.
In case of problem (product missing or damaged, parcel pierced, opened or damaged), the customer must absolutely refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged or otherwise). Within a maximum of 48 hours from the date of delivery, the customer will have to make a claim with the carrier or the postal services. Any anomaly concerning the delivery must be notified to "thenicefleet.com" on the same day of the reception or at the latest on the first working day following the reception. Any claims made after this period will be rejected and "thenicefleet.com" will be discharged from any liability. "Thenicefleet.com" reserves the possibility of asking the purchaser to return the defective product to him. If the above conditions are fulfilled, then "thenicefleet.com" will either exchange or reimburse the defective product (s) or re-dispatch the missing product, subject to the merits of the buyer's application and under Availability Reserve.
If the parcel, in case of deposit, is not recovered by the customer, pass a period of fifteen (15) days, the parcel will be automatically forwarded to "Thenicefleet.com". In this context, all costs incurred for the re-Dispatch will be borne by the customer.
Details concerning the delivery methods are to be consulted in the section "Shipping" of the site "thenicefleet.com".
The Site is the exclusive property of " thenicefleet.com ". " thenicefleet.com " owns the intellectual property rights on the site and on the products as well as the right to distribute the elements appearing in the catalogue of the online shop and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned. As such and in accordance with the provisions of the Intellectual Property Code, the partial or total reproduction, as well as the extraction of a qualitatively or quantitatively substantial part, on any medium whatsoever, of the elements making up the site and the product catalogue, their use and their availability to third parties are formally prohibited unless express and explicit authorisation has been obtained from the nice fleetSAS.
WITHDRAWALS AND RETURNS
The Customer has a period of 14 days, from the date of receipt of the goods, to withdraw from the contract without giving any reason. In case of exercising the right of withdrawal, "thenicefleet.com" is obliged to reimburse the customer for the purchase price of the product(s) purchased and returned, without any costs, except for the return costs, which remain the responsibility of the customer. The refund is due within a maximum of 30 days.
This right is exercised by returning the product, the shipping costs remaining the responsibility of the Customer. The new item(s), unused in its (their) original, unopened and intact packaging are returned by the Customer.
The Customer must contact the nice fleetby email before any return to the following address: firstname.lastname@example.org
The return address will be communicated to the customer by email.
Accompanying the returned products, the request for retraction must include the following elements:
Surname and first
name Telephone no. and email Full
address No. of the order concerned - date of the order - date of receipt of the order
Name(s) of the article(s) concerned Attached, copy of the delivery note and order confirmation email.
It is up to the customer to keep all proof of this return and its date, so send the parcel in recommended. Items returned incomplete, damaged, damaged, deteriorated may not be included in "thenicefleet.com". The right of withdrawal shall be exercised under the same conditions upon ordering, before delivery. If the right of withdrawal is exercised between the date of the departure of the workshop and that of the delivery of the goods to the customer, the costs of return remain at the expense of the customer. The risks associated with the return of the product are the responsibility of the shipper. Repayment shipments will not be accepted. Only the price of the returned product will be reimbursed. The initial shipping costs remain at the expense of the customer.
"thenicefleet.com", in its relations with the Customer, is led to process, for its own account, personal data of the Customer, which data (i) were communicated to it by the latter at the time of his registration or (ii) subsequently via his personal account on the Site.
Except on request or with the express agreement of the customer and in strict accordance with its directives, "thenicefleet.com" shall not carry out any processing of personal data other than those described herein.
Personal data collected by "thenicefleet.com" are processed for the following purposes:
- Access to the Site, including the consultation of the information available to it;
- Management of the Order
- The sending, by e-mail, of messages, newsletters or letters of information from thenicefleet.com ";
- The sending by electronic mail of information on products or services similar to those proposed by "thenicefleet.com";
- And any other use that improves the operation of the Site and/or any other service provided by "thenicefleet.com".
All personal data communicated to "thenicefleet.com" by its customers are strictly confidential.
They are required for the purchase of products on the Site.
The Customer has a right of access, rectification, deletion and opposition concerning the processing of his personal data by "thenicefleet.com". To exercise one of these rights, the Customer simply needs to use the account management tool offered to him, or write to the following address email@example.com indicating his surname, first name and e-mail address. At any time, the Customer may access and update his personal data, or delete his account and the personal information attached to it using his login and password.
In accordance with Law n ° 78-17 of 6 January 1978 relating to information technology, files and freedoms, the processing of personal data collected by "thenicefleet.com" was the subject of a declaration to the national Commission of it and freedoms.
The data collected on the customers are kept for the duration of the contractual relationship between the customer and "thenicefleet.com" and one (1) year after the termination of the relationship between the Parties for any reason whatsoever.
At the expiration of this period of one (1) year, the closing of a customer's personal account shall result in the deletion of all personal data identifying the customer concerned, with the exception of those whose conservation by " Thenicefleet.com "is necessary in order for the latter to be able to fulfil its legal obligations (e.g., billing data, provision of the guarantee).
In certain particular circumstances, "thenicefleet.com" may be required to disclose personal data of its Clients, particularly where these are requested by the judicial authorities.
Personal data, including e-mail addresses of customers, are not subject to any rental, sale, exchange or sharing with other providers if they have not expressly agreed to receive offers On the part of other companies that might be interested in them.
HYPERTEXT LINKS AND COOKIES
The "thenicefleet.com" site contains a number of hypertext links to other sites, set up with the authorization of the nice fleet. However, the nice fleet has no possibility to check the content of the sites thus visited, and will therefore not assume any responsibility for this fact.
The site "thenicefleet.com" cannot be held responsible for the way in which your data will be stored or used on the servers of these third parties. We advise you to read the applicable data protection policy of each third-party website to which you will access via our website in order to appreciate the way in which your data is used.
Each user keeps the option of denying cookies by configuring their Internet browser:
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As part of its activity, "thenicefleet.com" collects, processes and stores statistical data relating to the use of the Site and related to the activities of Clients.
These usage data, which can be transmitted to third parties, are anonymous and in no way allow to identify the Internet users, even indirectly.
LIABILITY, DISPUTES AND COMPETENT COURTS
This contract is subject to French law. To the extent permitted by applicable law, "thenicefleet.com" shall not be liable for damages of any kind, whether material or immaterial, which may result from malfunction or misuse of the products marketed. The same applies to any product modifications resulting from manufacturers. The responsibility of "thenicefleet.com" will, in any event, be limited to the amount of the order and cannot be held liable for simple errors or omissions that may have remained despite all precautions taken in the presentation of the products which specifies in particular the ages and weights for children from which the products can be used. the nice fleet SAS asks you to carefully read the instruction leaflets for the products purchased on which the required warnings are mentioned.
CONTRACTUAL LIMITATIONS ON TECHNICAL DATA
The site uses Shopify technology. The website will not be liable for any material damage related to the use of the site. In addition, the site user is committed to accessing the site using a newer, non-virus-containing hardware and an updated last-generation browser.
The Customer has a period of two (2) years from the delivery of the Product concerned to invoke the legal guarantee of conformity. He will then have to choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 211-9 of the French Consumer Code.
The customer is exempt from reporting proof of the product's failure to comply during the twenty-four (24) months following the issuance of the property since December 18, 2016.
The legal guarantee of conformity applies irrespective of the commercial guarantee which may be granted by "thenicefleet.com".
The customer may decide to implement the guarantee against hidden defects on the basis of articles 1641 and following of the Civil Code, and can then choose between the resolution of the sale or a reduction of the sale price.
- Article L217-4 of the Consumer Code
The seller delivers a property in accordance with the contract and responds to defects of conformity existing at the time of issuance.
It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility.
- Article L217-5 of the Consumer Code
The property is in accordance with the contract:
1 ° If it is specific to the usual expected use of a similar property and, where applicable:
-If it corresponds to the description given by the seller and has the qualities which he has presented to the purchaser in the form of a sample or a model;
-If it presents the qualities that a purchaser can legitimately expect in respect of public declarations made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2 ° or if it has the characteristics defined by common agreement by the parties or is peculiar to any special use sought by the purchaser, brought to the knowledge of the seller and which the latter has accepted.
- Article L217-9 of the Consumer code
In the event of a failure to comply, the purchaser chooses between repair and replacement of the property.
However, the seller may not proceed according to the buyer's choice if that choice results in a clearly disproportionate cost in relation to the other modality, given the value of the property or the magnitude of the defect. It is then obliged to proceed, except impossibility, according to the method not chosen by the purchaser.
- Article L217-10 of the Consumer code
If the repair and replacement of the property are impossible, the purchaser can return the property and be returned the price or keep the property and be made a part of the price.
The same faculty is open to him:
1 ° If the solution requested, proposed or agreed in accordance with article L. 211-9 cannot be implemented within one month after the buyer's claim;
2 ° or if this solution cannot be without a major disadvantage for the latter given the nature of the property and the use it seeks.
However, the resolution of the sale cannot be pronounced if the failure to comply is minor.
- Article L217-12 of the Consumer code
The action resulting from the failure to comply is prescribed by two years from the issuance of the property.
- Article L271-16 of the Consumer code
Where the purchaser requests the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is in addition to the length of the guarantee that was left to run. This period runs from the request for intervention by the purchaser or from the availability for repair of the property in question, if this provision is after the request for intervention.
- Article 1641 of the Civil Code
The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for the use to which it is intended, such use that the purchaser would not have acquired it, or would have given only a lesser price if he had Known.
- Article 1648 paragraph 1 of the Civil Code
The action resulting from the redhibitory defects must be brought by the purchaser within two years after the discovery of the defect.