Terms of sales and use of naycia.com website
By accessing the sales of the website www.naycia.com you are agreeing to be bound by the following terms and conditions:
Article 1 – The Company
The COMPANY ACDZ is a simplified joint stock company with a capital of €1,000 with registered office at 183 chemin des Négadoux, Six-Fours-Les-Plages, FRANCE, and incorporated in TOULON under company registration number SIRET 838653178; NAF CODE 4645Z and under the intra-Community VAT identification number FR27838653178.
Customer service email: firstname.lastname@example.org
Article 2 – General provisions
The present Terms of sales and use of the company ACDZ (hereinafter referred to as "CGV/CGU") define the rights and the obligations of the parties within the framework of the sale of beauty and cosmetic products, fragrances and accessories to the Members of the website www.naycia.com (hereinafter referred to as "the Website or the Site").
The Company encourages all the Users to read carefully the present Terms of sales and use.
The placing of an order implies full acceptance of the CGV/CGU. The specifications of the products offered for sale are displayed on the Website. The customer is responsible for considering them prior to purchase. Photographs and graphics associated with the products presented on the Website are not contractual. These CGV/CGU set the conditions under which the Company is selling its products to its professional customers and users via its Website. The Member declares to have acknowledged them and accepted any rights and obligations attached thereto. Any order made on the products is governed by these CGV/CGU.
Article 3 – DEFINITIONS
"Client" means the professionnal or the consumer who placed an order for a product sold on the Website.
"Order" means every order placed by the user registered on the Website.
"Terms of sales and use of the company" or " CGV/CGU" refer to these Terms of sales and use online.
"Consumer" refers to the Buyer (physical entity) who does not act on professionnal purposes and/or operates out of its professional activity.
"Products" mean the material goods which can be subject to an appropriation and offered for sale on the Website.
"Professionnal" refers to the entity or individual who acts in it/his/her professional capacity.
Each User, entity or individual, may only have one account on the Site.
"Site" refers to this website, namely www.naycia.fr
"Company" refers to the Company ACDZ, further described below in article 1 hereof.
"User" means every entity or individual using the Site.
"Member" means every entity or individual, of full age and legal capacity, wishing to take advantage of the Services provided by the company ACDZ and will meet these CGV/CGU.
"Order" means every acquisition or reservation of a product placed by a Member on the Website as provided in the CGV/CGU hereto and supplemented, where necessary, by special conditions.
"Product sheet/Decriptive sheet" refers to the location on the Website where is located all the information given by the Supplier relating to the products sold on NAYCIA.COM
"Personal Data" refer to all information relating to an identified or identifiable individual who can be identified, directly or indirectly, in particular by reference to a username, like a name, an identification number, location data, an online username or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity. Therefore, the data we collect can include your strictly Personal Data, in that they can identify you as a particular individual. On the contrary, some data cannot tell us who you are exaclty, like your profession or your navigation data (the browser, terminal and operating system type, the route taken on the Site, etc.) but are nevertheless considered as Personal Data as they are or can be linked to the previous ones.
Article 4 – Rules of access to the Services
Access to the services can be done directly by the Member. If serious irregularities by a Member in the use of its connecting system are brought to the attention of ACDZ, it may take all necessary measures in order to put an end to these irregularities, including the termination of the Member’s account. Failure to comply with the obligations taken on under the CGV/CGU by the Member, in particular in case of fraud or fraud attempt, and all payment incident regarding the price of an order, may result in the suspension of the rights to access the services, and indeeed the termination of his/her Member account depending on the degree of gravity of the conduct in question, without prejudice of any damages to which ACDZ could claim. Accordingly, ACDZ reserves itself the right to refuse any ordering of a Member with whom it would exist such a litigation.
As part of its Anti-Fraud Policy, ACDZ may ask the Member further information or documentation so as to finalize the order. In default of regularisation as to the presentation of this information and/or documentation within the required time limit, ACDZ may be required to cancel the order, block the access to the Member’s account and proceed to the inscription of some data, in particular Personal Data, of the concerned Member in a "payment incident" file.
Article 5 – Ordering process
The products are presented from a product sheet where the Member will have the opportunity, before confirming a final order, to review the sale price, the delivery prices, the available delivery methods as well as the description of the products offered for sale.
The Member guarantees that he/she is fully entitled to use the payment card for payment of his/her order and that these payment methods allow access to sufficient funds to cover all the costs associated with the use of the services.
By clicking on the button "confirm and pay" during the ordering process, and after having checked his/her "basket" (products ordered) and, as the case may be, having modified it, the Member declares to accept entirely and unconditionnaly the entirety of the present CGV/CGU.
After confirming the content of his/her order, the Member will confirm it definitely by carrying out the payment. The order will be binding only when full payment of the price incl. VAT, comprising the corresponding delivery charges, and agreement of the banking systems for national and international CB as well as the PAYPAL system.
Article 6 – Price
The price inclusive of taxes of each product or service is indicated in the corresponding product sheet. The shipping costs of the order will be indicated before its final validation.
For the deliveries and the services outside the French territory, the measures under the General Tax Code related with the VAT will be applied.
Article 7 – Products and Services compliance
The information mentioned on every product sheet corresponds to the information provided to ACDZ by its providers.
ACDZ will do its best to make the products or services photographic representation on the Website to be as close as possible to the products or services provided. However, given the format of digital products on the Internet network, it is possible that the Member 's perception of the products photographic representation do not correspond exactly to the product itself.
In case of non-compliance of the product delivered to the Member, the Member will have the right to return it to the company ACDZ.
The Member may request:
either to be delivered the identical product ordered, within the limits of available stock;
either to be refunded of the price of the product ordered within thirty (30) days after the delivery request, should the equivalent product replacement or exchange be impossible. In any case, these measures do not deprive the Member of his/her right of retraction, such as supervised by provisions of the article 9 of the CGV.
Article 8 – Availability of products and services
In the event of unavailability of a product, either whole or partial, after placing the order, the Member will be informed by e-mail of a partial order delivery or cancellation of the Order .
Article 9 – Right of withdrawal
Pursuant to articles L216-2 and L216-3 of the Consumer Code, in case of unavailability of the product, the Member has the right to ask for reimbursement of the amount ordered within 14 days of his/her request. Regarding the products marketed on the Website, and subject to the exceptions listed below, Members have the right to withdraw and return their product(s) within fourteen (14) clear days as from their date of delivery in accordance with the provisions of Section 121-18 of the French Consumer Code. The Member can, within fourteen (14) days after the delivery of his/her order, and for products subject to a right of withdrawal, apply this later by notifying his/her willingness to withdraw as specified below.
Procedure for notification of withdrawal:
Prior to return a product, the Member should notify his/her intention to withdraw:
Either by returning the enclosed withdrawal form duly filled in and signed, to the following address by registered letter with acknowledgement of receipt:
ACDZ / service administratif / rétractation ; 183 chemin des Négadoux 83140 Six-Fours-Les-Plages.
Return of the products:
In accordance with the provisions of article L221-23 of the Consumer Code, the Member must return his/her product at the latest within fourteen (14) days from having communicated his/her decision to withdraw. The Member must return his/her product according to the conditions defined in article 10 below of the CGV.
Return costs for the products shall be borne by the Member. In the event that the product, because of its nature (heavy and/or bulky or high value), cannot be managed by the Post, the Member will be allowed to hire the transport company of his/her choice.
The return of all the products or services ordered will give place to a refund equal to the totality of the sums paid by the Member, that is to say the cost price of one or several products and the possible expenses of delivery.
Refund of the order to the Member will be done by all mean of payment within fourteen (14) days from the date of receipt by the administrative department of ACDZ of the request of exercising the right of withdrawal by the Member, and if the concerned product has been received by ACDZ within this period.
Nevertheless, in accordance with paragraph 2 of article L221-24 of the Consumer Code, this refund period is postponed until reception of the product in question. A proof of dispatch of the product is defined as all mean that can irrefutably justify the shipping of the product to ACDZ.
Article 10 – Procedure to return the product
The product shall be returned:
conveniently protected, in its original box, with all possible accessories, instruction guides and other documentation, labels; in perfect condition for resale (not damaged or soiled); with the corresponding sales invoice in order to allow ACDZ to identify the Member (order number, name, firstname, address).
Without the product or service was obviously used, that is to say subject that the products do not wear the mark of an extended use, not exceeding the time required for testing (a few minutes) and are in condition for resale.
Article 11 – Payment
Purchases are paid by credit card (CB) (secure payment) or Paypal.
For every order, a debit request of the Member’s bank account will be sent within 24 hours to his/her bank. In case of payment via Paypal, the amount of the purchases will immediatly be debited from the Paypal account. The order will be considered effective upon confirmation of the bank payment centers.
It is up to the Member to register and print his/her payment certificate if he/she wants to keep his/her banking details as well as the details from the transaction.
The Member guarantees that he/she has full authorization to use the bank card (CB) to pay for his/her order and that these means of payment give access to funds that are sufficient to cover any cost resulting from using the services of ACDZ.
Article 12 – Delivery
Place of delivery:
The products will be delivered to the address the Member provided during the ordering process.
The products are delivered in the following geographical zones:
- Metropolitan France, Corsica, French overseas departments.
On the European continent:
- Delivery in all the countries of Europe.
In North America:
- Delivery in all the countries of North America.
In South America:
- Delivery in all the countries of South America.
- Delivery in all the countries of Africa
- Delivery in all the countries of Asia
- Delivery in all the countries of Oceania.
The Company agrees to make every human and material efforts to ensure the delivery of the products at the earliest possible date. Delivery times can vary depending on the geographical zone of the customer, the selected delivery mode or the ordered product. The contribution to the packing and shipment expenses is inclusive of tax. In case of partial dispatch of an order, the Member will be informed by e-mail about the shipping of the products included in the shipped parcel. The member will have to choose the delivery place: at home, at the office, at a third party or in a "Point relais".
Domestic small parcels up to 250 grams are shipped via tracking mail. The Member has the choice, in the "Delivery" section when finalizing his/her Order, to click in "selecting the delivery mode" by "colis relais" or "Colissimo" with signature (according to current postal charges).
Domestic and international parcels above 250 grams are shipped as choosen by the Member, after having finalized his/her Order, either by "Colissimo" with signature or "colis relais" (only for France).
When no-one is present at time of delivery:
For a specific shipping request: Chronopost or other carriers, noted by the Member on the original Order, parcels will be placed in the Member’s post box; a delivery notification may be left by the postman or the carrier; the Member can pick up the parcel at a post office, at a merchant or directly from the said carrier and according to his/her procedures, more often within 10-15 days after the delivery notification is deposited.
It is up to the Member to contact Chronopost or the Postal services or the carrier to arrange an appointment for a new delivery directly to his/her residence or others, as indicated by the Member.
In case of failure to meet the above deadline, the parcel will be sent back to the logistic service of the company ACDZ.
The maximum delivery time is 60 working days from the date of the Product order, unless otherwise indicated to the Member before he/she places the Order, as well as prior to the definitive validation of this later. In that case, the company ACDZ will indicate the Member an estimated range of dates for the delivery and an email will be sent to him/her to complete the information.
In such a case, the Member can contact the Customer care at: email@example.com
The Member can cancel his/her Order if it has not been delivered within 30 working days at the latest after the delivery date indicated by the Company, except if the delay is caused by an event of force majeure under the jurisprudence of French courts.
Within the ten (10) days after the Member’s cancellation request, ACDZ will make a refund request at its bank or Paypal account. ACDZ does not accept reponsibility for delivery delays resulting from strikes of the postal services, carriers or other protests…
Orders and postal tracking:
Every domestic or international Order that has been shipped bears a postal tracking number. The Member can track his/her Order on the site poste.fr in the "letter or parcel tracking" section.
For Colissimo with signature and "Colis relais", an email is directly sent by the Colissimo and "Colis relais" logistic services to the Member at the address he/she specified at the time of ordering.
In the event the Member has no knowledge of the postal tracking, the Member will send an email to the Customer care at: firstname.lastname@example.org with his/her name, firstname and Order number (compulsory).
In the event the Order number is not notified by the Member in his/her first email, he/she will be asked again; the Customer care email@example.com or any other service will not be held responsible for the processing delay of the original Order.
The logistic service will register his/her request and will confirm his/her postal tracking number via email or any other method to inform the Member as soon as possible. In the case of a different carrier, ACDZ will inform its Customers of the tracking numbers of their Orders via email or any other mean of communication.
Delivered but not received parcels:
In the event the postal tracking indicates on the site Poste.fr that the parcel is said as "delivered" in the Member’s letter box with the same address as mentionned by the Member on the day of his/her Order, but that the Member did not pick up his/her follow-up letter or parcel, the Member must make a complaint near the 3631 of the postal services (COMPULSORY) ; this service will communicate the Member a complaint number he/she will have to return to us with his/her Order number (IMPERATIVE)
The Member will receive a letter from the postal services confirming his/her complaint and the conclusions reached. ACDZ will also make a complaint to recover the unreceived follow-up letter or parcel by the Member.
The Member and ACDZ will wait for the decision from the postal services. Should the postal services inform ACDZ that the Member’s parcel has been lost, the after sales department of ACDZ will inform the Member.
Should the postal services inform ACDZ that the Member’s parcel is on a sorting center within the hexagon in transit or stagnant, ACDZ will wait for the returning of the parcel in its logistic service before reshipping the Member’s Order.
ACDZ is not responsible in any way for the lost of Orders not received in the letter boxes, where sufficient evidence was provided by the postal tracking or carriers that the Member did receive his/her Order at the indicated address, same residence as provided at the time of ordering on the site naycia.com. On this basis, ACDZ does not have to reimburse the purchase made by the Member.
Should the parcel be resent three times to the Member, the fourth time the company ACDZ reserves the right to fully refund the Member of the Order placed (TTC) or to find a friendly settlement between the Member and the company ACDZ to resend the parcel at the Member’s cost; the company ACDZ will send an invoice of the full amount of the shipping costs before shipping the parcel and will wait for the costs to be credited (check or wire transfer) on the bank account of the company ACDZ before all reshipping.
The Member will be informed by email of the partial delivery of an Order. A second letter will inform him/her of the delivery of the other ordered products.
Every delivery is deemed made when the product or service is put at the Member disposal, in particular when materialized by the control system used by the carrier, as the delivery follow-up system proposed by the Poste internet for deliveries in France.
Article 13 – Guarantees:
Legal guarantee of conformity (Article L.217-4 and seq. of the French Consumer Code).
The Member is informed that the warrantor of the defects of the thing sold is the company ACDZ.
When he/she acts in legal guarantee of conformity and as described below, the Member:
- will have a period of two years from delivery of the product to act;
- will have the possibility to choose between the reparation or replacement of the product, subject to the conditions of cost provided for in Article L.217-9 of the French Consumer Code;
- is exempted to produce evidence of the existence of a lack of conformity of the product during the 24 months after the product delivery. In the case of second-hand goods, this period will be of 6 months.
It is recalled that the Legal guarantee of conformity applies regardless of the possible commercial guarantee that may be consented by the manufacturer. The Member can decide to apply the warranty against hidden defects of the thing sold under Article 1641 of the Civil Code.
If so, the Member can choose between the cancellation of the sale or a a reduction in the selling price pursuant to Article 1644 of the Civil Code.
Under the Legal guarantee of conformity, if the product ordered by the Member shows a defect of conformity which exists at the time of delivery, according to what it is possible to do and subject that the choice of the Member does not entail disproportionate costs, ACDZ agrees to:
- either replace the product by an identical product depending on the stock available,
- either change the product by an other product of equivalent quality and price depending on the stock available,
- either repay the price of the ordered product within 30 days from the Member’s request if replacement or change by an identical product proves to be impossible.
Article L.217- 4 of the French Consumer Code:
" The Seller delivers goods in conformity with the contract and will respond to any conformity faults which exist at the time of delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he/she assumed responsibility therefor or had it carried out under his responsibility."
Article L.217- 5 of the French Consumer Code:
"The product conforms to the contract:
1. If it is suitable for the purpose usually associated with such a product and, if applicable:
- if it corresponds to the description given by the Seller and have the features that the Seller presented to the Buyer in the form of a sample or model;
- if it has the features that a Buyer might reasonably expect it to have considering the public statements made by the Seller, the producer or his/her representative, including advertising and labelling;
2. Or if it has the features defined by mutual agreement between the parties or be suitable for any special requirement of the Buyer which was made known to the Seller and which the latter agreed to."
Article L. 217-7 of the French Consumer Code:
"Any lack of conformity which becomes apparent within a period of twenty-four months from the date of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. In the case of second-hand goods, this period will be of 6 months;
The Seller can challenge this presumption if it is not consistent with the nature of the goods or the alleged lack of conformity."
Article L. 217-9 of the French Consumer Code:
In case of non-conformity, the Buyer can opt between the replacement or the reparation of the product.
Nevertheless, the Seller cannot proceed as desired by the Buyer if this request involves a manifestly disproportionate cost in relation to the other modality, considering the value of the good or the significance of the default. He/She is then required to proceed, unless otherwise
impaired, with the alternative not chosen by the Buyer."
Article L. 217-10 of the French Consumer Code:
"If repair and replacement of the goods are not possible, the Buyer may return the goods and receive a refund or keep the goods and receive a portion of the retail price.
The same option is open to the him/her:
1. If the solution requested, offered or agreed pursuant to Article L.211-9 cannot be implemented within one month of the purchaser's claim;
2. Or if this solution cannot be implemented without causing the Buyer significant inconvenience, taking into account the nature of the goods and their intended use. The resolution of the sale cannot happen however if the lack of conformity is minor."
Article L. 217-12 of the French Consumer Code:
"Action that results from a lack of conformity is time-barred after a period of two years following delivery of the goods."
Article L. 217-13 of the French Consumer Code:
" The provisions of this section do not deprive the Buyer of the right to institute proceedings
arising from redhibitory defects such as those resulting from articles 1641 to 1649 of the Civil Code or any other proceedings of a contractual or extra contractual nature recognised by law."
The Member can decide to apply the guarantee against the latent defects of the thing sold within the meaning of Article 1641 of the Civil Code. On this assumption, he/she will be able to choose between the cancellation of the sale or a reduction of the sale price pursuant to Article 1644 of the Civil Code:
Guarantee of the latent defects (Article 1641 et seq. of the French Civil Code)
As part of the guarantee of the latent defects of the thing sold, according to the Member’choice, ACDZ commits after evaluation of the default:
- either to refund him/her the full price of the product returned;
- either to repay him/her part of the price of the product if the Member decides to keep it.
Article 1641 of the Civil Code:
"The Seller is liable where a defect, which was not apparent at the time of the sale, renders the product unfit for its intended use or reduces its usefulness to such an extent that the Buyer would not have acquired it or would not have paid the same price had he/she been aware of the defect."
Article 1645 of the Civil Code:
"If the Seller was aware of the latent defects of the thing, he/she is bound not only to restore the price, but to pay all damages suffered by the Buyer."
Article 1646 of the Civil Code:
"If the Seller was not aware of the latent defects of the thing, he/she will only be bound to restore the price and refund the costs incurred by the sale to the Buyer."
Article 1648 paragraph 1 of the Civil Code:
The action resulting from latent defects must be brought by the Buyer within two years after the discovery of the defect."
Exclusions to Guarantee:
Are excluded from the guarantee products that have been modified, repaired, integrated or added by the Member or any other person unauthorized by the provider of the product.
The guarantee will not work for apparent defects.
The guarantee will not take into account products or services damaged during transport or bad use.
Article 14 – Personal Data
Article 15 – Right – Litigation – Responsibility
These CGV/CGU are written in French and will be construed and enforced according to the French law.
In case of litigation, the Member will first ask ACDZ to find a solution.
In accordance with the following articles of the consommers code L611-1 and R612-1 :
In accordance with the French Consumer Code as to the friendly resolution of litigations, ACDZ adheres to the e-commerce Mediator service of the entity called l'association Nationale des Médiateurs (ANM), located at: 62 rue Tiquetonne 75002 PARIS. website : www.anm-conso.com
After written procedure of the Member to ACDZ, the Mediator service might be seized for every consumption litigation that would not have resulted.
The member can also present his/her complaints on the online litigation resolution platform of the European Commission at the following address: htp://ec.europa.eu/consumers/odr/. The European Commission will transfer the Member’s complaint to the relevant notified national mediators. Otherwise, the competent Court will be the Tribunal de Grande Instance de TOULON.
other website for the complaint : plateforme européenne des Réglements des litiges en ligne.
or : www.economie.gouv.fr/mediation-conso also includes all the usuful information in the event on the cross border dispute.
Article 16 – Amendments to the CGV/CGU
The Company reserves the right to modify the Site, the CGV/CGU as well as every delivery procedure or other constituent element of the services offered through this Site. When an Order is placed, the User is subject to the terms listed by the applicable CGV/CGU at the time of ordering.
All reproductions of pictures, videos or drawings are the property of the deposited brand NAYCIA, property of ACDZ.
Article 17 – Withdrawal form
Please complete and send this form, only if you wish to withdraw from the contract and if you have a withdrawing right.
Société ACDZ service administratif / rétractation
183 Chemin des Négadoux
I hereby confirm my withdrawing from the following contract :
FIRSTNAME : ……………………