TERMS OF SERVICE
Article 1 - GENERAL PROVISIONS - SCOPE OF APPLICATION
1.1 The present General Terms of Sale ("GTS") determine the rights and obligations of the parties with regard to the online sale of Products offered by the company IGH TRADE OÜ ("the Company").
1.2 Any Order placed on the Nilupa website implies the prior acceptance and without restriction of the present General Terms of Sale. These Terms and Conditions are an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer who declares to have read them and to have accepted them, without restriction or reserve, before placing the Order.
1.3 These General Terms and Conditions shall apply to any Order placed by an individual of legal age acting as a consumer. The Customer hereby certifies that he/she is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. He acknowledges having the full capacity to commit himself when placing an Order and undertakes to provide truthful information regarding his identity.
1.4 EXCLUSION: Persons acting in a professional capacity, i.e., natural or legal persons, public or private, who are acting for purposes within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name of or on behalf of another professional, are expressly excluded from the scope of these GTS.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The terms and conditions applicable to each Order are those in force on the date of payment (or the first payment in the case of multiple payments) of the Order. The Company reserves the right to modify them at any time, by publishing a new version on its website. These GTS are available on the Company's website at the following address: https://nilupa.fr/pages/terms-of-service
Article 2 - CONCLUSION OF THE ONLINE CONTRACT
2.1. Ordering process
To purchase one or more Products on the site, the Customer selects each Product and adds it to his/her basket. Once the selection is complete, the Customer must confirm his or her basket to proceed with the Order (1st click)
At this stage, the Customer is redirected to a page containing:
A summary of the selected Products, the corresponding prices, the terms and conditions and the delivery charges. It is then up to the Customer to check and possibly correct the contents of his/her basket.
The present GTS. It is the customer's responsibility to read them carefully before validating the entire Order.
This validation of the Order after checking the shopping cart and reading the GTS (2nd click) is equivalent to the conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation of payment on his/her part.
The Customer is then redirected to the payment page. The Customer can choose between the different payment methods offered and proceed with the payment of his/her Order.
Once the Order has been validated and payment has been made, the Client shall receive a confirmation message from the Company at the e-mail address he or she provided. This message contains, in pdf format:
A summary of the Order (Product selected, price, delivery terms and costs);
The Order number;
The terms, conditions and withdrawal form;
If the Customer does not receive the Order confirmation, he/she is advised to contact the Company via the contact form on the site.
The Customer will then receive an electronic invoice for the purchase, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice, which is also sent to him in electronic format, as these documents may be produced as proof of the Contract.
2.2 Refusal by the Company to validate the Order
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in compliance with the GTS;
Quantities ordered that do not correspond to normal use by a consumer Customer;
Non-payment of a previous Order or an ongoing dispute concerning a previous Order;
Suspicion of fraud on the Order (supported by a body of corroborating evidence).
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as information on the use of the product, if applicable.
While the Company takes reasonable care to ensure that the Specifications are accurate, such Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Accordingly, the Company assumes no responsibility for any errors that may be contained in the Specifications.
3.2 Availability of Products
The offers of Products are valid within the limits of the stocks available from our suppliers. The Company does not hold any stock of goods.
However, insofar as the Company does not reserve stock (except in particular cases of Products indicated as pre-orders on the Product sheet), placing a Product in the shopping cart does not absolutely guarantee the availability of the Product and its price.
In the event that a Product becomes unavailable after the validation of the Client's Order, the Company shall immediately inform the Client by e-mail. The Order shall be automatically cancelled and the Company shall refund the price of the Product initially ordered, as well as any amount paid for the Order.
However, if the Order contains other Products than the one that has become unavailable, these will be delivered to the Customer and the delivery charges will not be refunded.
Article 4 - PRODUCT PRICES
4.1 Reference prices indicated on the Sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of retailers is modified.
4.2 Modification of prices indicated on the sites
The prices of the Products are indicated on the pages of description of the Products. They are indicated exclusive of tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the site at the time the Order is validated.
4.3 Product prices
Insofar as Products are imported from abroad at the request of Customers, the prices of Products sold through the Websites are indicated in British Pound, excluding taxes (excluding VAT and customs duties). They are precisely determined on the pages describing the Products. They are also indicated in British Pounds excluding tax (excluding VAT and customs duties), on the Product Order page, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which shall be paid in addition and shall be entirely at the expense of the Customer, who shall be liable for such taxes as the recipient of the Product.
The prices of the Product(s) do not include the costs of packaging, wrapping, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible for the declaration and payment of import VAT when clearing the Product through customs. The Customer may be required to pay the import VAT. To the extent that the Company is not responsible for this tax, the Company shall not be liable for any refund of such tax.
They shall be borne by the Client and are the Client's responsibility (declarations, payment to the competent authorities, etc.). The Company invites the Client to inquire about these aspects with the corresponding local authorities.
Article 5 - PAYMENT OF THE PRODUCT PRICE
5.1 Time of payment
The payment of the totality of the price of the Order must be made immediately after the validation of the Order.
5.2 Methods of payment
To pay for the Order, the Customer may choose between different payment methods:
Payment by credit card:
Only bank cards issued by a bank located in the UK or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Client guarantees the Company that he/she has the necessary authorizations to pay with the bank card used. The Customer expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his/her bank card number is equivalent to authorization to debit his/her account for the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process.
Payment via Paypal
It is underlined that in case of recourse to this method of payment, the General Conditions of Use of Paypal, which are available on their site, are added to the present GTS.
Payment by vouchers and/or promotional codes
Vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are valid only once. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, the Company may proceed to cancel the Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.
The Company reserves the right to set up a procedure for verifying Orders to ensure that no one uses another person's bank details without their knowledge. As part of this verification process, the Client may be asked to send a copy of his or her identity card, proof of address and a copy of the credit card used for payment to the Company by e-mail or by post. Precise indications on the exact content of the requested information (to preserve the confidentiality of its data) will be communicated to the Customer in case of verification. The order will be validated only after receipt and verification of the documents sent.
Article 6 - DELIVERY - DEDICATION - RECEPTION
Prior to the validation of the Order, the Company shall provide the Client with information concerning the different delivery methods and their respective prices.
The air transport, shipping and/or delivery of the Product(s) shall be fully paid for by the Customer ("Delivery Costs"). These Delivery Costs are included in the final price invoiced to the Customer at the time of the Order. However, any customs fees are not included in the price invoiced to the Customer by the Company.
Depending on the methods chosen by the Customer, delivery shall be made either to the address given by the Customer or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore incumbent upon the Customer to check the information provided for the delivery, as he/she alone is responsible for any failure to deliver due to incomplete or erroneous information.
6.2 Customs clearance
At the time of his purchase, the Customer buys the product free of tax and becomes the importer of the product purchased in his capacity as recipient of the product.
The Customer is therefore responsible for the import and customs clearance of the Product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties.
The Customer is solely responsible for the process of declaring the customs duties when clearing the Product through customs. These customs duties, which are not invoiced to the Customer by the Company, are not the responsibility of the Company. Therefore, the Company shall not be liable for the reimbursement of such duties.
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
In the event of an anomaly, the Customer must contact the Company's Customer Service within fourteen calendar days following the date of receipt of the Product. Any claim filed after this period cannot be processed.
Article 7 - WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to cancel the Sales Order within fourteen (14) calendar days of receipt of the Sales Order, without giving any reason. In the event of an Order for several Products, the period shall run from the date of receipt of the last Product.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs shall be reimbursed, with the return shipping costs being borne by the Customer.
7.3 Modalities for exercising the right of withdrawal
In order to exercise the right of withdrawal, the Customer must inform the Company of his/her intention to withdraw either by filling in the standard form, a model of which is shown below, or by sending a statement without ambiguity expressing his/her intention to withdraw within the 14-day period mentioned above.
Model withdrawal form :
To the attention of the Company IGH TRADE OÜ, Nilupa, Customer Service
I, the undersigned ______ hereby notify you of my withdrawal from the contract for the sale of the product below:
Name of the product :
Date of order and receipt :
Order number :
Customer's name :
Customer's address :
This form should be sent to the Company by electronic mail to: email@example.com
Once received, we will send you the address to which to return your product.
The Customer has a period of 14 days from the date of sending the notification of withdrawal to return the Product to the Company in its original packaging, the return costs being borne exclusively by the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the Company to put them back on sale. In case of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not proceed to any refund and may even, if it deems it necessary and appropriate, engage the responsibility of the Client for depreciation of the Product.
In case of return of the Product in accordance with the law and the present GTS, the Company will refund the total amount paid by the Customer, including delivery costs, within 14 days of the notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will proceed with the refund only after reception and verification of the condition of the returned Product.
This refund will be made using the same means of payment that the Customer used to pay for the Order, unless the Customer expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, which is responsible for processing, collects a certain amount of compulsory personal data (including, in particular, surname, first name, delivery address, etc., which are indicated by an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, compiling statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
If the Client fails to provide this information, it will be impossible to process the Order.
This data is intended for internal use by the Company but may be transmitted to companies that contribute to the execution of the service, including those that deliver the Products or process payments.
With regard to this personal data, the Customer has several rights:
Right of access to personal data concerning him/her;
Right of rectification and deletion if the personal data are inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and conservation of certain data is prohibited;
Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to the processing of data (especially in the case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the conservation, deletion and communication of your personal data
The right to withdraw consent to certain processing operations (processing operations carried out prior to the withdrawal of consent remain lawful)
To exercise his rights, the Client may send a request to the Company, by means of an e-mail to firstname.lastname@example.org
The request must mention the Client's e-mail address, surname, first name, postal address and must be accompanied by a copy of his/her front and back identity card.
A reply will be sent within one month of receipt of the request.
Article 9 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on the page of a Product, the sale of Products on the site does not entail any transfer of intellectual property on the Products sold.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these GTS.
Article 10 - EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary contained herein, the Company shall in no event be liable for any loss or damage due to improper use of the Product(s) by the Customer, including but not limited to any modification or alteration of the Product(s) not authorized by the Company.
Article 11 - SUSPENSION - TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the T&Cs, or in a general way the applicable legal provisions, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or terminated may not place a subsequent order or create a new account on the Site without the prior authorization of the Company.
Article 12 - ARCHIVING - PROOF
Unless proven otherwise, the information recorded by the Company shall constitute proof of all transactions.
At the time of each Order, the Order summary is sent by e-mail to the Client and archived on the Company's website.
Communications between the Company and the Client shall be archived on computerized records which shall be kept for a period of 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.
The Client will have access to the archived elements upon request to the address email@example.com
Article 13 - NULLITY AND MODIFICATION OF THE GTS
If any provision of these GTS is invalid, it shall be deemed unwritten, but this shall not invalidate all the contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these GTS, whatever the frequency and duration, shall not be considered as a modification of the GTS, nor shall it generate any right for the Client.