Commercial conditions

Last revision: 01/28/2022

PREAMBLE
The NOUGAT NOUR company offers several types of products via its website www.nougatnour.com. These activities are carried out under the name “Nougat Nour”, and are operated by the Website www.nougatnour.com, operated by the company NOUGAT NOUR SAS. The website www.nougatnour.com is open to all users of the Internet network. However, only people residing in metropolitan France can buy NOUGAT NOUR products. The company NOUGAT NOUR (hereinafter NOUGAT NOUR) mainly sells food and similar products on its website. The purpose of these NOUGAT NOUR General Conditions is to define the rights and obligations of the parties in connection with the sale of Nougat Nour products to Customers of the Website www.nougatnour.com. Any Order (hereinafter the "Order") placed on the www.nougatnour.com site or affiliated site dependent on NOUGAT NOUR implies acceptance of these GCS, which the Customer acknowledges having read, understood and accepted in full. knowingly. These General Conditions are only available in French, this version being the only one valid. The customer has the option of saving and printing them. These General Conditions are subject to French law and the French standards in force. NOUGAT NOUR reserves the right to modify these T&Cs at any time and without notice, it being understood that such modifications will not apply to orders previously accepted and confirmed by the Customer. However, it is understood that these modifications will not be applicable to current orders.
1. Company details
The Website www.nougatnour.com is published by micro company NOUGAT NOUR whose head office is at 12 rue PIERRE LESCOT 75001 Paris, registered with the Chamber of Trades and Crafts of Paris, under number 789 394 855. The customer service can be reached by mail at the address indicated in the Legal Notice, by e-mail at the following address: nougatnour@gmail.com, from Monday to Friday.
2. Legal capacity
Customers declare that they are of legal age and fully capable of contracting.
3. Geographic area
Nougat Nour products are offered in mainland France. For logistical reasons, sales outside this geographical area cannot be taken into account.
4. Availability of Services
The Site is in principle accessible 24 hours a day, 7 days a week, and all year round, except in the event of interruption, voluntary or not, regardless of the cause. This may include maintenance. Being in fact subject to an obligation of means, the company NOUGAT NOUR cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
5. Prices for services and products for sale on the Site
The price of Nougat Nour products and services is that which appears regularly on the site www.nougatnour.com, except in the event of manifest error. The selling prices of Nougat Nour products and services appearing on the Site are indicated in Euros, all taxes included, it being understood that the products ordered are invoiced at the price in force when the order is registered.  Any modification of the VAT as well as the prices of the raw materials will be passed on to the prices. Selling prices do not include shipping costs, invoiced in addition to the price of services and products purchased according to the amount of the order. The shipping costs will be indicated before the registration of the order by the Customer. The selling prices of the products may be modified by NOUGAT NOUR at any time.
6. Characteristics – Product conformity
NOUGAT NOUR may at any time modify the assortment of products offered for sale on its Website, without prejudice to the Orders placed by the Customer. In accordance with article L. 111-1 of the Consumer Code, the Customer may, prior to his Order, take note, on the Website www.nougatnour.com, of the essential characteristics of the product(s) he wishes. order. The products comply with the French legislation in force. The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind NOUGAT NOUR.
7. Availability
The offers presented by NOUGAT NOUR are valid as long as they are announced on the Site and within the limits of available stocks. In the event of unavailability of one or more products after placing the Order, the Customer will be notified by e-mail. The amount of his Order will be recalculated and the Customer will be refunded the difference. If the Order is completely unavailable, the Customer will be notified by email and will be fully refunded. In this case, Nougat Nour cannot be held responsible for any damage suffered by the Customer, nor liable for any damages.
8. Orders
When the Customer confirms his order by clicking on the "ORDER" button, he is considered to have knowingly accepted the content and conditions of the Order in question and in particular these General Conditions of Sale, prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Customer. Also, NOUGAT NOUR reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be owed by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the NOUGAT NOUR SAS Website, including on the occasion of previous Orders. In addition, in the event of an error in entering the e-mail address concerned, Nougat Nour cannot be held liable. In this case the sale will be considered final, except in cases of cancellation of the Order by Nougat Nour, in particular for unavailability of the products. The Customer may nevertheless exercise his right of withdrawal under the conditions provided for in Article 12 of these General Conditions of Sale.
9. Payments
All orders are payable in euros. An invoice will be made available to the customer on request, by sending an e-mail to nougatnour@gmail.com and indicating the order reference. The Customer guarantees to NOUGAT NOUR that he is fully authorized to use the payment card for the payment of his order and that these means of payment legally give access to sufficient funds to cover all the costs resulting from his order on the Site www. .nougatnour.com NOUGAT NOUR cannot be held responsible for any fraudulent use of the means of payment used. NOUGAT NOUR reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Customer or in the event of payment incident. Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to amounts unpaid at the end of a period of ten days following the date of supposed payment or upon notification of the rejection of bank payment. for any other means of payment. The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof. Payment for purchases is made using a bank payment card, using a secure procedure (SSL) offered by Crédit Mutuel, so that no information transmitted by the Customer is intercepted by third parties. It is up to the Customer to save and print his payment certificate if he wishes to keep the bank details relating to his transaction.
10. Terms and conditions of delivery
Products purchased on the NougatNour.com site are delivered only in the geographical area determined in article 3 “Geographical Area” (unless specifically mentioned during the sale). For logistical reasons, Nougat Nour.com is unable to offer its service in the French overseas departments and territories. The products will be delivered to the address indicated by the Customer on the site when registering his order according to the delivery method chosen on the website www.nougatnour.com. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times observed. NOUGAT NOUR cannot be held responsible for the consequences due to a delay in delivery. In all cases, if the package is returned to the sender, a second delivery will be made at the Customer's expense. If the package is again returned to the sender, it will no longer be returned to the Customer and the amount corresponding to this order, including any additional delivery costs, will remain acquired by NOUGAT NOUR.
11. Return
Several types of products cannot be returned. Perishable goods such as food cannot be returned. For any additional request, the shipping costs will be fully borne by the Customer.
12. Rights and deadlines for withdrawal
In accordance with Article L. 121-20 of the Consumer Code, the Customer has a period of fourteen (14) clear days to exercise his right of withdrawal from the date of receipt of his order or the date of subscription to the mode of purchase concerned, to return at its expense, the products ordered for reimbursement. To exercise his right of withdrawal, the Customer must inform NOUGAT NOUR of his request by sending, within the period mentioned above, an email to nougatnour@gmail.com or by means of a letter with acknowledgment of receipt to Registered Address. The products must imperatively be returned to NOUGAT NOUR at the address specified in article 11 “Return”. In the event of an exercise of the right of withdrawal, NOUGAT NOUR will reimburse the Customer for the corresponding sum within a maximum period of fourteen (14) working days from the date of withdrawal. Reimbursement will be made by crediting the amount debited to the account corresponding to the Customer's bank card.
13. Retention of Title
NOUGAT NOUR retains full ownership of the products sold until full payment of the full price, in principal, costs, taxes and mandatory contributions included.
14. Intellectual Property
All the elements reproduced on the Site www.nougatnour.com and in particular but not exclusively the texts, comments, works, illustrations, images and brands are protected by intellectual property. Any total or partial reproduction of the elements accessible on the Site www.nougatnour.com is strictly prohibited. Nougat Nour is a trademark registered with the INPI.
15. Signature and planned
NOUGAT NOUR works to protect the personal information of its customers by ensuring a high level of security, but the Customer also has a role to play in the protection of his personal data. In particular, the Customer must maintain the security of his online transactions, for example by not communicating his identifier (the Customer's e-mail address) and/or his password to anyone and by changing his password regularly. As such, NOUGAT NOUR cannot be responsible for the disclosure of information concerning the Customer to any individual who has used his identifier (the Customer's e-mail address) and/or his password. As such, the use of the identifier (Customer's e-mail address) and/or the Customer's password will constitute proof of his identity, and payment, upon validation of the Order, of the corresponding sums. NOUGAT NOUR can in no way be held responsible for the fraudulent use of this information. The provision of the bank card number and the final validation of the Order will be worth proof of acceptance of the said Order and will be worth payment of the sums committed by the seizure of the products appearing on the Order. The computerized registers kept in the computer systems of NOUGAT NOUR and its partners will be considered as proof of communications, Orders and payments made between the Parties.
16. Deactivation of the customer account
Non-compliance by the Customer with the obligations subscribed to under these General Conditions, any incident of payment of the price of an order, actions contrary to the interests of NOUGAT NOUR, the issuance of false information when creating the account, may lead to the suspension of access to the NOUGAT NOUR service, or even the termination of his account depending on the degree of seriousness of the actions in question, without any damages/interest or compensation whatsoever being claimed from NOUGAT NOUR. NOUGAT NOUR reserves the right to refuse any order from a Customer with whom there is such a dispute, even if the latter is using a new account.
17. Customer Service
For any information or questions, the FAQ is available on the Site www.nougatnour.com. For any specific question, customer service can be reached by email at nougatnour@gmail.Com.
18. Liability
NOUGAT NOUR offers a sales service for handcrafted products, manufactured by us. However, NOUGAT NOUR is not the manufacturer of similar products (hereinafter “similar products”). Therefore NOUGAT NOUR can in no way be held responsible in the event of bodily injury and/or immaterial and/or material damage that may result from the use of the products distributed which are distributed under the sole responsibility of their manufacturers, and which are used under the sole responsibility of the Customer. Any complaint that may result from the use of similar products must be addressed to NOUGAT NOUR, which will put the customer at the origin of the production in contact with the partner producer. NOUGAT NOUR cannot be held liable with regard to the products distributed on its Website, particularly in the event of non-compliance with their instructions for use. NOUGAT NOUR cannot be held liable for any damage caused to the Customer or to a third party resulting from this non-compliant use. The responsibility of NOUGAT NOUR under the obligations of these General Conditions of Sale cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, to the fault of the Customer, or upon the occurrence of a fortuitous event or force majeure which would hinder or delay its execution. Are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, strikes of all kinds. NOUGAT NOUR will inform the customer of such a fortuitous event or force majeure within seven (7) days of its occurrence. These cases of force majeure suspend the obligations of NOUGAT NOUR, cited in these GCS, for the entire duration of their existence. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability , the reliability or completeness of the information, products, accessories or services appearing on the WWW.NOUGATNOUR.COM Website or their suitability for the use that the Customer plans to make of them. NOUGAT NOUR declines all responsibility for direct and indirect damage, whether foreseeable or not, caused during the use of the website. In the event that NOUGAT NOUR's liability should be established and retained for damage suffered by the Customer and attributable exclusively to the placing of an order, this is limited to the amount of the Order paid by the customer. in NOUGAT NOUR. Any complaint filed by a user, including any Customer, against NOUGAT NOUR must be made within one month of the occurrence of the event, subject of the complaint.
19. Computing and Freedoms
The information and data collected by NOUGAT NOUR during the Customer's order are necessary for order management and commercial relations. The database constituted has been the subject of a declaration, in accordance with the prescriptions required by the law "Informatique et libertés" n ° 78-17 of January 6, 1978, modified by law n ° 2004-801 of August 6, 2004 They can be transmitted to the companies which contribute to these relations such as those in charge of the execution of the services and orders for their management, execution, delivery, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow NOUGAT NOUR to improve and personalize the services offered and the information sent. In accordance with the law "Informatique et Libertés" nº 78-17 of January 6, 1978, the Customer has a right to access and rectify personal data concerning him. The Customer must write to nougatnour@gmail.Com, indicating his surnames, first names, e-mail address and customer reference. NOUGAT NOUR offers Visitors and Customers to receive a newsletter and offers from NOUGAT NOUR, as well as from partner companies. Visitors and Customers may subsequently refuse to receive the newsletter and NOUGAT NOUR or partner offers. To do this, the Visitor or Customer may at any time modify his choice by clicking on the links provided for this purpose in the promotional emails received. NOUGAT NOUR reserves the right to use the statistics provided through the questionnaires that Customers have completed in order to improve its service and that of partner brands.
20. Advertising on the Website
At any time NOUGAT NOUR may decide to place advertising space on the Website www.nougatnour.com. NOUGAT NOUR enjoys total freedom when it comes to the choice of these advertisers, the types of display of advertisements but also their position on the Site.
21. Modifications of the General Conditions
NOUGAT NOUR reserves the right to modify and update the General Conditions of Sale without notice. To be informed of these possible modifications, NOUGAT NOUR advises the Customer, and in general any user, to re-read the Terms and Conditions of the Site regularly. The Order will be subject to the T&Cs in force at the time of the Order.
22. Communication between the Customer and NOUGAT NOUR
By becoming a user of the Website, the Customer acknowledges that the exchanges between him and NOUGAT NOUR will be mainly electronic (by email) except in the specific cases presented in these General Conditions or required by law. The Customer acknowledges the validity and the probative force of the exchanges and electronic recordings kept by NOUGAT NOUR and admits that these elements receive the same probative force as a written document signed by hand under Law No. 2000-230 of March 13, 2000. adapting the law of evidence to information technologies relating to the electronic signature.
23. Continuity and transfer of contract rights and obligations
Contracts between the Client and NOUGAT NOUR and/or its successors and assigns are binding between the parties. Customer contracts, rights and obligations may not be assigned or transferred without prior written consent. The contracts, rights and obligations of NOUGAT NOUR may be assigned or transferred at any time without the prior consent of the Customer.
24. Partial invalidity
If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
25. Non-waiver
The fact for one of the Parties not to avail itself to the other Party of a breach of any of the obligations referred to in these GCS cannot be interpreted for the future as a waiver of the obligation in question.
26. Applicable law and competent jurisdiction
French law governs these T&Cs. The Customer acknowledges that the communications and computerized registers of NOUGAT NOUR will be considered by the parties as proof of exchanges, orders, payments and transactions between the parties unless proven otherwise. Any dispute relating to the execution or interpretation of these GCS will be submitted to the competent court according to the nature of the dispute of the city of Paris.