NH&R General Terms and Conditions
NH&R-thiers General Terms and Conditions
Terms of Sales
(Updated 06/15/2023)
Between SARL NH & R, 76 Rue Jules Guesde, Levallois-Perret, 92300, with share capital of €6,000, registered in the Nanterre Trade and Companies Register under number SIRET 799 647 342 00028, represented by Mr Joaquim DE OLIVEIRA NASCIMENTO, as president, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the site's home page.
Hereinafter the company NH & R.
On the one hand, and the natural or legal person purchasing products or services from the company,
Hereinafter, the Customer.
On the other hand, the following was explained and agreed:
PREAMBLE
The Seller is a publisher of cutlery products and services, assembly of cases, utensils and kitchen equipment, exclusively for consumers, marketed through its website https://www.nhreurope.com. The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.
Article 1: Purpose and general provisions
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller. These General Conditions of Sale (CGV) apply to all sales of products made through the Company's website which is an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These General Terms and Conditions can be consulted on the Company's website at the following address: https://www.nhreurope.com. The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs. The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Price
The prices of products sold through the website are indicated in euros excluding taxes and precisely determined on the Product description pages. They are also indicated in euros, all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for access to the Company's website are the responsibility of the Customer. If applicable also, delivery costs.
Article 3: Conclusion of the contract online
The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete their order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product;
➢Choice of the Product, where applicable its options and indication of the Customer's essential data (identification, address, etc.);
➢ Acceptance of these General Conditions of Sale.
➢Verification of the elements of the order and, if necessary, correction of errors.
➢Following payment instructions and paying for products.
➢Delivery of products.
The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide true identification information. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's website. The customer certifies having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are subject to a summary and confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of Products as well as their prices is specified on the Company's website, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided). In accordance with legal provisions regarding conformity and hidden defects, the Seller refunds or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested in the following manner: via the returns form available on the Seller's website https://www.nhreurope.com, or by e-mail to the address contact@nhrfrance.fr, the product must then be returned by post to the following address, 76 Rue Jules Guesde, Levallois-Perret, 92300, upon receipt if the products are compliant, the Seller will reimburse the order in full (excluding return costs payable by the customer).
Article 5: Retention of ownership clause
The products remain the property of the Company until full payment of the price.
Article 6: Delivery terms
The products are delivered to the delivery address which was indicated when ordering, the time indicated 48 hours (working hours), is given for information only and concerns mainland France only, this is the minimum duration of the delivery, and may be extended depending on the constraints faced by the company and our carrier. This deadline does not take into account the order preparation time. When the Customer orders several products at the same time, they may have different delivery times, delivered according to the following methods: stock availability. In the event of a shipping delay, the Customer will be kept informed by e-mail or telephone. In the event of late delivery, the Customer has the option of resolving the contract under the conditions and procedures defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the “outbound” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of local communication from a landline) indicated in the order confirmation email in order to monitor the order. The Seller points out that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is up to the Customer to notify the carrier of any reservations about the delivered product. Regarding delivery to a collection point, the collection point reserves the right to refuse a package if it is not able to accept it under the recommended health and safety conditions. This will be rerouted to the nearest available point or reshipped.
For all orders placed via the website, a tracking number will be provided to the customer. It is up to the latter to report the non-functioning of this link upon receipt, in which case the company NH&R disclaims all responsibilities regarding the delivery of the package.
Delivery costs are free from 100€ of purchase including tax and only for mainland France.
/!\ The free shipping offer cannot be combined with current promotional codes and other vouchers. /!\
Uncollected packages: Packages remain available to the customer at the relay point or post office between 3 and 14 days.
After this period, the order is automatically returned to the NH&R warehouse. Once the package has been received by NH&R, the customer will be notified by e-mail of their return, and a return offer at their expense will be made. Without return from the customer within 7 working days, the order will be refunded in full if it does not include personalized products with engraving, embroidery or plaque. If the order includes personalized products (engraving, embroidery or plaque), a 20% discount will be applied.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. If an item is unavailable for a period of more than 2 working days, you will be immediately informed of expected delivery times and the order for this item may be canceled upon simple request. The Customer can then request a credit for the amount of the item or its reimbursement.
Article 8: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make payment by payment card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the telecommunications network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or inability to debit the card, the Sale is immediately automatically terminated and the order canceled.
Article 9: Withdrawal period
In accordance with article L. 121-21 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs. “The period mentioned in the preceding paragraph runs from receipt for the goods or acceptance of the offer for the provision of services”. The right of withdrawal can be exercised by contacting the Company as follows: by telephone at: 09 83 45 74 90, by email at contact@nhrfrance.fr. We inform Customers that in accordance with article L. 121-21-8 of the Consumer Code, this right of withdrawal cannot be exercised for personalized items with an engraving or plaque. Where applicable, professional clothing will be returned and exchanged only on condition that it is returned in new condition and in the original packaging intact. No refund will be made in the event of non-compliance with these conditions.
If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; If possible, they must be accompanied by a copy of proof of purchase. In accordance with legal provisions, you will find below the standard withdrawal form to be sent to us at the following address: 76 Rue Jules Guesde, Levallois-Perret France 92300
Refund procedure: Upon receipt of the returned items, the Seller will contact the customer by e-mail to notify them of a refund by transfer, check or credit card if applicable.
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WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of SAS NH & R
76 Rue Jules Guesde
Levallois-Perret 93200
Tel: 09 83 45 74 90
Email: contact@nhrfrance.fr
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
(*) Delete what is unnecessary.
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Article 10: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects in the products. The Seller reimburses the buyer, or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made as follows: The Customer sends an email to the Seller, mentioning his request or a withdrawal form (available for download on the site) completed to the Seller, the latter will promptly contact the customer by email or telephone.
The Seller reminds that the consumer has:
- a period of 2 years from delivery of the goods to act with the Seller
-that he can choose between replacement and repair of the goods (subject to the conditions provided for by the aforementioned provisions), apparently defective or not corresponding
- that it is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods (except for second-hand goods, this period will be extended to 24 months from March 18, 2016 )
- that he must provide proof of the condition of his package (box), in order to open a complaint file for defective items
- that the consumer can also claim the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between canceling the sale or reducing the sale price (provisions of articles 1644 of the Civil Code).
Clearance products with visible exterior or interior scratches, or whose packaging is damaged, will be returned at the customer's expense. NH&R excludes all liability for defects in appearance.
Article 11: Complaints
If applicable, the Buyer may submit any complaint by contacting the company using the following contact details:
- On site at 76 Rue Jules Guesde, Levallois-Perret France 92300
- By telephone at 09 83 45 74 90
- By email to contact@nhrfrance.fr
Article 12: Intellectual property rights
The brands, 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 seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The execution of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.
Article 15: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the rights to question, access, modify, oppose and rectify personal data concerning you. This information is necessary to process your order and may be communicated to the contractual partners of the company NH&R who may be involved in the fulfillment of your order. By adhering to these general conditions of sale, you consent to our collection and use of this data for the performance of this contract. We monitor attendance on all of our sites. To do this, we use tools such as Google Analytics.
Article 16: Consumer mediation service
In accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code, in accordance with the amicable settlement of disputes between the Seller and the Customer, in the event of unresolved disputes between the Seller and the Customer, the consumer can contact the consumer mediator. The customer must first have already attempted to resolve their dispute directly with the Seller, by a written complaint or have made a complaint according to the terms of the contract concluded with the Seller. Consumer mediation is an extrajudicial settlement of consumer disputes. If all of these conditions are respected, consumer mediation will take place according to a precise process and in accordance with the texts in force. This procedure is free for the Customer (R612-1 of the Consumer Code).
To contact the consumer mediator:
C&C-Médiation / 37 rue des Chênes - 25480 MISEREY-SALINES
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
CONSUMER COMPLAINTS AND DISPUTES
In the event of an unsatisfied complaint, the customer must submit his dispute in writing to our Company. He makes his request to our management by post or in the form of an email to our usual addresses*:
- Mail address: 76 Rue Jules Guesde, Levallois-Perret France 92300
- By email to contact@nhrfrance.fr
Our company will endeavor, barring particular difficulties, to process any proven request within a maximum period of 3 weeks.
In accordance with article L.612-1 of the Consumer Code, our company has adopted a mediation system:
If the commercial dispute is not resolved, beyond 2 months,
You can contact the consumer mediator as follows:
- Information and digital referral (by form) of mediation requests: www.mediateurconso-bfc.fr
- Sending files by post: C&C-Médiation / 37 rue des Chênes - 25480 MISEREY-SALINES.
If necessary, the parties will retain all rights to refer the matter to the competent court.
Article 17: Applicable law
All clauses appearing in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.
"Our general conditions of sale have been developed from a free and open model which can be downloaded from the site https://www.donneespersonnelles.fr
