General Terms and Conditions of Sale
The offer presented on the site www.chaises-nicolle.fr is executed by Sarl Chaises Nicolle® with its head office located at 106 rue Vieille du Temple, 75003 Paris.
This company is registered in Paris at the Trade and Companies register under the number:
RCS B 511 716 359
Tel: + 33 (0)1 42 71 61 37
E-mail: [email protected]
2) Scope of application
These Terms and Conditions of Sale stipulate the terms and conditions for the order, delivery and return of our products. They are applicable without reservations to all sales of products made through our internet site destined for mainland France (including Corsica) and the European Union countries. These Terms and Conditions may be consulted at any time on this site and supersede all other conflicting documents.
The customer declares that he/she has read and accepts these General Terms and Conditions of Sale before validating his/her order.
3) Products sold
Chaises NICOLLE® presents the main characteristics of the NICOLLE® chairs and stools on the site, www.chaises-nicolle.fr. These characteristics comprise a description, photos, diagrams, dimensions and technical sheets for each article.
Chaises NICOLLE® offers two ranges of chairs and stools:
- The so-called “STANDARD” range. This comprises NICOLLE® chairs and stools that may be ordered in our seven (7) standard colours: Glossy White, Matte Black, Glossy Brown Red, Matte Basalt Grey, Glossy Daffodil Yellow, Glossy Turquoise Blue and Steel Grey and two (2) varnishes: Matte Dark Steel and Glossy Varnish Raw.
- “SPECIAL ORDERS”. These are NICOLLE® chairs and stools for which the finishing is carried out according to the customer request. Various colours, finishes and surface treatments may be made to order.
4) Payment security
Chaises NICOLLE® has selected rigorous, high-performance tools to secure its payment methods, and has chosen the ATOS solution, which establishes an encrypted connection directly between the customer and the bank.
Chaises NICOLLE® does not have any access to the confidential information about payment methods. This information about orders is neither known nor stored by Chaises NICOLLE® and will be requested for all new orders.
In this respect, Chaises NICOLLE® may not be held responsible for damage resulting from the use of electronic communication methods, including damage resulting from a transmission delay or communication failure, or from the interception by a third party of these electronic communications.
5) Online order conditions
The customer wishing to make an order online must hold a credit card and complete the following steps:
- The customer places products into his/her basket
- The customer completes his/her personal data and notably his/her full name, invoicing address, email address and telephone number
- The customer completes his/her delivery address if different from the invoicing address
- The customer indicates the payment method
- The customer confirms that he/she has read and accepts the General Terms and Conditions of Sale
- The customer is directed to the page of our partner, ATOS, for payment
- The customer then receives an order confirmation by email
6) Quote-based order conditions
The customer undertakes to fill in the order form and provide all information required for his/her identification and for the preparation of a quote. He/she must ensure that full, exact information is provided. A quote will be sent to the customer, indicating the product price, the transport price, the offer execution times and the validity duration.
The price guaranteed to the buyer is the one indicated on the quote at the time of purchase. It is firm and definitive.
Prices are expressed in €uros.
– Including taxes (TTC / Incl-VAT) for France and European Union countries
– Excluding taxes (HT / Excl-VAT) for countries outside of the European Union
7) Order taking and confirmation
The order is only validated once the quote terms and conditions have been accepted by the customer and when the payment has been received by Chaises NICOLLE®.
Once the payment has been received, Chaises NICOLLE® sends a final invoice by email to confirm the order. This is also proof in the event of a dispute.
Chaises NICOLLE®, however, reserves the right to cancel the order if it is unable to complete it. The refusal to accept an order will be confirmed to the customer at the latest 72 hours after receipt of the order.
8) Order execution
The order will be executed within the time periods specified by Chaises NICOLLE® on the quote and order confirmation, and at the latest within forty-five (45) days after the order confirmation, subject to the availability of the ordered product and unless there is a specific agreement between the parties.
In the event that the ordered product is out of stock or unavailable, Chaises NICOLLE® undertakes to inform the customer as soon as possible indicating an availability date.
The customer must confirm his/her choice to either wait for product availability or request a refund by email.
Payment of the full price is due from the time of order. The customer must pay his/her order:
Either by cheque payable to Chaises NICOLLE® sent to the Company’s head office, or by bank transfer payable to Chaises NICOLLE®. The bank details will be provided at the time of order.
If the cheque or bank transfer is not received within ten (10) days from the order confirmation by Chaises NICOLLE® or if the cheque is rejected by the bank, Chaises NICOLLE® reserves the right to cancel the order.
10) Online or quote-based order delivery
The products are delivered to the address indicated by the customer during his/her online order or on the order form drafted by Chaises Nicolle® and validated by the customer.
Delivery is be deemed to have taken place once the product has been given to the carrier.
The carrier delivery note, dated and signed by the customer during final product delivery, will be the proof of delivery.
On delivery, the customer must check the content, conformity and state of the products.
In the event of late delivery, damage, total or partial loss, or any other problems, the customer is responsible for exercising all claims against the carrier, without Chaises NICOLLE® being held liable.
For this reason, during delivery, Chaises NICOLLE® recommends that the customer check the state of the delivered products before signing the package delivery note.
If any anomalies are detected, the customer must refuse delivery of the products or issue precise, dated, written reservations. These reservations must be confirmed to the carrier by registered letter with acknowledgement of receipt within three working days following delivery of the products. A copy must also be sent to Chaises NICOLLE®.
11) Product collection in the event of customer absence/delivery notice
In the event of the customer’s absence at the time of the delivery, the carrier will leave a delivery notice at the delivery address provided by the customer. The products must be collected at the address and under the conditions indicated by the carrier.
If the products are not collected within the time period specified by the carrier, they will be returned to Chaises NICOLLE® which reserves the right to refund the price, with the transport costs charged to the customer.
12) Border crossing / customs duties
For deliveries within the European Union, the price includes the applicable VAT at the time of order. Prices, therefore, are inclusive of VAT.
No additional customs duties or VAT are payable for deliveries within the European Union. All changes in applicable rates may be applied to the sales price.
For delivery outside of the European Union, the customer must pay the customs duties, VAT or other taxes owed when importing products into the delivery country.
The associated formalities are the exclusive responsibility of the customer, unless otherwise indicated. The customer is solely responsible for checking the possibility of importing the ordered products under the delivery country’s law.
Chaises NICOLLE® will draft an invoice, and include a copy with the package to enable the carrier to carry out the customs formalities on the customer’s behalf.
13) Force majeure
Are expressly considered to be cases of force majeure, in addition to those normally accepted by case law in French courts – total or partial strikes within or outside of the company, blockage of means of transport or supplies for whatever reason, governmental or legal restrictions, computer breakdowns, fuel shortages, telecommunications blockages including networks, and specifically Internet. Should a case of force majeure occur, the execution of the order will initially be suspended as of right.
If the parties note the continued case of force majeure beyond a period of three (3) months, the order will be automatically cancelled, unless otherwise agreed by the two parties.
14) Non-payment – Retention of ownership
The ordered products remain Chaises NICOLLE®’s property until the final and full payment of their price in accordance with the terms of the law no. 80 335 of 12 May 1980. Chaises NICOLLE® reserves the right to reclaim the ordered products in the event of default or payment incident.
In this case and on the first request by Chaises NICOLLE®, the customer undertakes to return all unpaid products, with all costs being paid by the customer.
15) Transfer of risks
The transfer of risks to the customer occurs when the products have been given to the carrier by Chaises NICOLLE®. The products are transported at the customer’s risk. This is also the case if the products are shipped or returned carriage paid.
During the withdrawal period indicated in article 17 below, the customer is responsible for safeguarding the merchandise. The customer will be responsible for the consequences if the product is damaged or destroyed during this period.
16) Claims – Non-compliance
Claims for non-compliance of the product(s) delivered with the order must be formulated in writing directly to Chaises NICOLLE® immediately after receipt.
The customer must keep the packaging and delivery note.
In the event of a product error, the customer undertakes to return the concerned product(s) within seven (7) days after their receipt to Chaises NICOLLE® subject to them being returned without deterioration to the packaging, in the original packaging and with the supporting documents.
Once the product has been correctly received, Chaises NICOLLE® will send back the originally ordered product at its charge.
To avoid inconvenience, the products are checked by Chaises NICOLLE® before shipping. Customers, however, benefit from a contractual warranty against all defects presented by the delivered product for a duration of 3 months from the delivery date, subject to normal use.
The products sold benefit from the legal warranty against hidden defects stipulated in articles 1641 and after of the French Civil Code.
To claim under the guarantee, the customer must return the product to Chaises NICOLLE® at his/her charge enclosing the original invoice.
The product will be exchanged for an identical product and sent to the customer at Chaises NICOLLE®’s charge, unless the product is out of stock or has been removed from the offered range. In this case, Chaises NICOLLE® will refund the purchase price to the customer.
18) Right of withdrawal and time period
In accordance with article L 121–16 of the French Consumption Code, the customer has a period of fourteen (14) working days from the delivery of his/her order to exercise his/her right to return – at his/her expense – a product with which he/she is not completely satisfied, for exchange or refund.
If this time period ends on a Saturday, Sunday or bank holiday or non-worked day, the period is extended to the first following working day.
The returned product must be in its original state and original packaging. It must not have been used, nor been subject to any damage, even minimal damage, and be in a perfect state of cleanliness. The customer is responsible for the transport costs to return the product. Articles that have been damaged, that are not in their original packaging or in their original new state will not be accepted or refunded.
This right of withdrawal is exercised without penalties. The customer will be refunded the paid amounts within a maximum period of 30 days from product receipt. For this, the customer must communicate his/her bank details to Chaises NICOLLE®.
- Only the “STANDARD” range products, sold online or at a distance to individual customers, are concerned by this clause
- “SPECIAL ORDERS” custom-produced at the customer’s express request are not concerned by this clause in accordance with article L. 121-20 of the French Consumption Code.
19) Intellectual property
Chaises NICOLLE® holds the intellectual property rights to the site and the right to diffuse the elements including in the site catalogue, and specifically the photographs for which it has obtained the necessary authorisations.
Consequently, the partial or full reproduction, on any support whatsoever, of elements included in the site and catalogue, their use and their provision to third parties or their publication online are strictly prohibited and may be subject to prosecution and punishment.
20) Disputes / Attribution of jurisdiction
These General Terms and Conditions of Sale are subject to French law.
All disputes and claims that cannot be settled amicably will be subject to the exclusive jurisdiction of the competent courts for Chaises NICOLLE®’s head office (PARIS).