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> Terms and conditions of use

GENERAL TERMS AND CONDITIONS OF USE AND SALE

Last update : April 2019

Table of content

Article 1 – Scope

www.nadia-fakhoury.paris (hereinafter the “Site”), is operated by the company Nadia Fakhoury Paris (the “Company”), a société par actions simplifiée à associé unique with a share capital of 1 500 euros, whose registered office is at 36 rue du Colisée, 75008 Paris, and registered with the RCS of Paris under number 841 911 381 (intracommunity VAT number FR43841911381) and represented by Nadia Fakhoury, as executive.
These general terms and conditions of use and sale (the « T&C ») define all the obligations of the parties in connection with the use of the Site and sales made on the Site. They are concluded between the Company and any person using the Site and/or placing an order for product(s) through the Site (the “Customer”).
The Company reserves the right to adapt or modify its T&C at any time. In the event of any modification, the applicable T&C will be those in force the day the Site is used or the order is paid.
If a condition of sale is missing, it will be deemed governed by the industry practices in force in the distance selling sector whose companies have their headquarters in France.

Article 2 – Acceptance of the T&C

The Customer declares that he or she has read and accepted the T&C without any reservation in the context of his or her use of the Site and his or her purchases on the Site.

Article 3 – Access to the Site

Access to the Site is restricted to adults only. The Company reserves the right to request any proof of age if the Customer uses the online ordering services.
Access to and use of the Site are limited to strictly personal use. The Customer undertakes not to use this Site and the information or data contained for commercial, political or advertising purposes.
If the Company believes that the Customer is in material breach of these terms and conditions (including through repeated minor breaches), the Company reserves the right to take, with or without notice, appropriate remedial action and in particular reserves the right to suspend the Customer's access to the Site.

Article 4 – Site management

For the proper management of the Site, the Company may at any time:

  • − suspend, interrupt or limit access to all or part of the Site;
  • - delete any information that may disturb its functioning or violate national or international laws;
  • - suspend the operations of the Site to make updates.

Article 5 – Liability

The Company shall not be held liable in the event of a failure, breakdown, difficulty or interruption of operations, preventing access to the Site or to one of its functionalities.
The equipment used by the Customer to connect to the Site is under his other sole responsibility.
The Company shall not be held liable in the event of legal proceedings against the Customer:

  • − due to his/her use of the Site or any service accessible through the Internet;
  • - due to the Customer's failure to comply with the T&C.

The Company is not liable for any damage caused to the Customer, third parties and/or the Customer's equipment due to the Client’s connection to or use of the Site.
If the Company were to be the subject to out-of-court or legal proceedings as a result of the Customer's use of the Site, it may seek compensation from the Customer for all damages, sums, convictions and costs that may result from such proceedings.
The Company can be held liable only for gross negligence or willful misconduct.
In any event, the Company’s liability will be limited to direct damages, with the exclusion of indirect damages.

Article 6 – Hypertext links

Any information accessible via a hypertext link to other sites is not under the control of the Company, which declines any liability for the related content.

Article 7 – Ordering products on the Site

The Customer can place his order online, from the online catalogue and using the form provided, for any product, within the limits of available stocks.
The Customer must accept, by clicking on the indicated place, the T&C.
The order shall be deemed validated by the Customer when he has (i) clicked on the desired product a first time to validate the order and (ii) confirmed the order by a second click after checking the overview and having, if necessary, corrected it.
The online provision of the Customer's credit card number will be the proof of the Customer's final agreement and express acceptance of all operations carried out.
An email confirming the Company's acceptance of the order will be sent to the Customer by email.
The sale will be final after the Company has collected the full price.
Any order shall be deemed acceptance of the price and description of a product as offered for sale on the Site. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.
In the event that a problem occurs regarding the full payment of the price, the order will be automatically cancelled and the Customer notified by email.
For any question relating to the follow-up of an order, the Customer must call the 06.19.75.70.63, from Monday to Friday from 10am to 6pm, or contact the Company via the online form.

Article 8 – Proof of transaction

The electronic records, kept in the Company's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

Article 9 - Products

The products governed by these T&Cs are those listed on the Company's Site and are indicated as being offered for sale and shipped by the Company. They are offered within the limits of available stocks.
In the event of unavailability of the ordered product, the Customer will be informed as soon as possible by e-mail and will have the possibility to cancel his order. The Customer will then have the option of requesting either a refund of the sums paid within thirty (30) days of payment at the latest, or an exchange of the product.
The essential characteristics of the products are presented on the Site in each of the product description.
The products are described and presented with the greatest possible accuracy. However, the Company may not be held liable if errors or omissions may have occurred in the presentation.
The photographs of the products are for information purposes only.
The products offered on the Site are intended for the Customers’ personal use who shall refrain from reselling, renting or making available for consideration, in whole or in part, the product(s) to private or professional third parties.

Article 10 – Prices

The prices display on the Site are indicated in euros. They do not include delivery costs charged in addition and indicated on the confirmation of the order. The final price invoiced to the Customer is the one indicated on the order overview. This price includes all taxes, including VAT for France and European Union countries, the price of the products purchased, delivery costs.
The Company reserves the right to modify its prices at any time before the order is placed, but undertakes to apply the prices indicated when the order was placed, subject to the availability of the products on that date.
Prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products.
If one or more taxes or contributions, in particular for the environment, are created, increase or decrease this change may be reflected in the selling price of the products.

Article 11 – Payment method

The price has to be paid on the day the order is placed, fully and in a single payment and only by credit card. At no time may the sums paid be considered as a deposit or instalments.
The Company reserves the right to suspend all order processing and delivery in the event that the authorization of credit card payment is declined by officially accredited organizations or in the event of non-payment. In particular, the Company reserves the right to refuse to make a delivery or to fulfil an order from a Customer who did not paid in full or only partially paid a previous order or with whom a payment dispute is ongoing.

Article 12 – Delivery time

Except in cases of force majeure or when the online shop is closed which will be clearly announced on the home page of the Site, the shipping times will be, within the limits of available stocks, those indicated below.
For deliveries in France Metropolitan France, the average delivery time is two (2) working days from the day following receipt by the Customer of the Company's confirmation email.
For deliveries in the European Union, the average delivery time is three (3) to seven (7) days and for the rest of the world, the average delivery time is five (5) to eight (8) days depending on the country.

Article 13 – Delivery methods

LDelivery refers to the transfer to the consumer of physical possession or control over the good. It occurs only after confirmation of payment by the Company's banking institution.
The products ordered are delivered according to the following methods: Colissimo suivie or DHL.
Products can be shipped worldwide.
The products will be shipped according to the method, to the address and within the delivery time indicated in the confirmation email sent to the Customer.
The products are delivered to the address indicated by the Customer on the Site, the Customer must ensure its accuracy. The Customer undertakes to do everything possible to ensure that the products are duly received on the day of delivery. The cost of any new delivery will be borne by the Customer.
In the event of an error in the entry of the delivery address by the Customer, the costs for returning and resending the product(s) will be borne by the Customer.
The Customer may, at his request, receive an invoice to the billing address and not to the delivery address, by choosing this option on the order form.

Article 14 – Delivery conformity 

Upon delivery, if the original packaging is damaged, torn, opened, Customers must check the condition of the products.

Customers must indicate on the delivery note and in the form of handwritten reserves accompanied by their signature any defect concerning the delivery (damaged package, damaged products...).

The Customers must then confirm these reservations to the carrier using a registered letter no later than three (3) working days following receipt of the product(s) and send a copy of this letter by email to the Company at the following address: contact@nadia-fakhoury.paris.

Article 15 –Right of withdrawal

The Customer may cancel his / her order without having to justify his / her decision, under the following conditions:

  • - For non-customized products made by the Company, they must be returned to the Company within fourteen (14) days of delivery to the following address: Nadia Fakhoury Paris, 36 rue du Colisée, 75008 Paris. The package must specify that the return is made by the Customer under the right of withdrawal. The costs of returning the product will be borne by the Customer. Any complaint made after this period will not be accepted. The return of the product is only accepted for products in their original condition (packaging, accessories, instructions...). The Company will refund the Customer, at the latest fourteen (14) days as of the date on which the Company has effectively recovered the product.
  • - For products customized by the Company at the Customer's request, the right of withdrawal is excluded as the contract is a contract for goods made at the Customer's request or significantly customized in accordance with Article L.221-28 3° of the French Consumer Code. None of these products may be exchanged or refunded (subject to the exercise of one of the guarantees referred hereinafter).

Article 16 – Legal guarantee of conformity and legal guarantee of hidden defects and return procedure

adia Fakhoury Paris, 36 rue du Colisée, 75008 Paris, is the guarantor of the conformity of the goods under the contract, enabling the Customer to make a request under the legal guarantee of conformity set forth in Articles L.217-4 et seq. of the French Consumer Code or the defect guarantee of the goods sold within the meaning of Articles 1641 et seq. of the French Civil Code, as attached in Annex 1.

In the event that the legal guarantee of conformity is requested, it should be noted that:

  • -the Customer has a period of two (2) years from the delivery of the good to act;
  • - the Customer may choose between repairing or replacing the goods, subject to the cost conditions set forth in Article L.217-17 of the French Consumer Code;
  • - the Customer is exempted from providing the proof of the existence of the lack of conformity of the good during the two (2) years following delivery of the goods;
  • - the Customer may decide to trigger the guarantee against hidden defects of the good sold within the meaning of Article 1641 of the French Civil Code. In this case, he or she may choose between cancelling the sale or reducing the price in accordance with Article 1644 of the French Civil Code.

The complaint may be made, at the Customer's choice using:

  • - the telephone number: 06.19.75.70.63;
  • - the e-mail address : contact@nadia-fakhoury.paris.

Upon receipt of the complaint, the Company will assign an exchange number for the product(s) concerned and communicate it by e-mail to the Customer. The exchange of a product can only take place after the exchange number has been assigned.
Any product to be exchanged or refunded must be returned to the Company entirely and in its original packaging, using Colissimo Recommandé, to the following address: Nadia Fakhoury Paris, 36 rue du Colisée, 75008 Paris.
The return costs are borne by the Company.
In the event that the Customer wishes to be refunded, the Company shall refund the Customer, including delivery costs, no later than fourteen (14) days from the date on which the Company actually received the product. The refund will be made by bank transfer to the card used to pay the initial invoice.

Article 17 - Force majeure

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as grounds to exempt the parties from their obligations.
The party invoking such circumstances must immediately notify the other party when they occur or cease to exist.
Force majeure shall be considered to be any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties. Force majeure or fortuitous events relieving the seller of his obligation to deliver the product, in addition to those usually recognized by the jurisprudence of the French courts and tribunals, are expressly: transportation or supplies blockings, earthquakes, fires, storms, floods, lightning, telecommunications networks shutdown or difficulties specific to telecommunications networks external to Customers, risks related to war, riots, accidents and the impossibility of being supplied in the event of failure of one of its suppliers or delivery services.
The parties shall meet to examine the impact of the event and agree on the conditions under which the contract will continue to be performed. If the force majeure situation lasts more than three (3) months, the T&C may be terminated by the injured party.


Article 18 – Intellectual Property

The content of the Site (drawings, models, photographs, images, packaging, product names, texts, illustrations, etc.) remains the property of the Company, sole owner of the intellectual property rights over the entirety of such content.
The Customer undertakes not to use any of this content and refrains from any act of reproduction or use of the product models, product names, texts, illustrations, trademarks or distinctive signs, techniques or know-how used by Nadia Fakhoury Paris. Any attempt to appropriate or reproduce all or part of this content is strictly prohibited and may constitute an infringement offense.
All models displayed and sold, texts, works, illustrations, trademarks and images reproduced on the Company's online shop are protected worldwide by copyright and industrial property rules.
Any reproduction, in whole or in part, of the models, the Site, or any of its components, is strictly prohibited without the prior written consent of the Company.
Any violation of the provisions of this article will expose the offender to legal proceedings for acts of infringement, unfair competition or parasitism.
Intellectual property rights on the products as well as on product customizations, including when they are proposed by the Customer, remain the property of the Company even after the sale and transfer of ownership of the product to the Customer. The Customer shall refrain from any personal use of the product, any resale, rental, making available for consideration, partial or total of the product(s) to private or professional third parties.

Article 19 – Severability

If one or more provisions of these T&C are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

Article 20 – No waiver

The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these T&C shall not be construed in the future as a waiver of said obligation.

Article 21 – Titles

In the event of any difficulty of interpretation between any of the titles at the top of the clauses, and any of the clauses, the titles will be deemed non-existent.

Article 22 - Language

These T&C are written in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.


Article 23 – Dispute resolution

In the event of a dispute, the Customer must first contact the customer service which can be reached by phone at 06.19.75.70.63 or by email at the following address: contact@nadia-fakhoury.paris. If the parties are unable to reach an amicable settlement to the dispute within thirty (30) days of the first request, the Customer may resort to mediation by contacting the Commission Paritaire de Médiation de la Vente Directe, 100 avenue du Président Kennedy, 75016 Paris, Tél. : 01 42 15 30 00, E-mail : info@cmpvd.fr, site internet http://mediation-vente-directe.fr/.

In the absence of an amicable settlement, each party may refer the matter to the competent courts in Paris.

Article 24 – Governing law

These T&C are subject to French law for both substantive and formal rules.


ANNEX 1 – Provisions regarding the legal guarantees


Article L. 217-4 of the French Consumer Code:


The seller delivers goods in conformity with the contract and is liable for any conformity defects existing upon delivery.
It shall also be held liable for conformity defects due to packaging, assembly instructions or installation where the seller is in charge of the installation under the contract or carried out the installation under its responsibility.

Article L. 217-5 of the French Consumer Code:

The good is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar good and, if applicable:

  • - if it matches the description given by the seller and has the qualities that it has presented to the buyer in the form of a sample or model;
  • - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the manufacturer or by its representative, in particular in advertisements or labels;

2° Or if it has the characteristics defined by a mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the buyer's attention and accepted by the latter.

Article L. 217-12 of the French Consumer Code:

The action resulting from the conformity defect shall be barred after two years from the date of delivery of the goods.

Article L. 217-16 of the French Consumer Code: 

When the buyer requests from the seller, during the course of the commercial guarantee granted to it when acquiring or repairing a chattel, a refurbishment covered by the guarantee, any immobilization period of at least seven days shall be added to the remaining term of the guarantee.
This period runs from when the buyer requests the intervention or make the goods in question available for repair, if the buyer makes its available after the request for intervention.

Article 1641 of the French Civil Code: 


The seller is bound by the guarantee for hidden defects in the good sold that make it unfit for the use for which it is intended, or that reduce this use to such an extent that the buyer would not have acquired the good, or would have acquired the good only for a lower price, if he had known the defects.

Article 1648 of the French Civil Code, para. 1:

The action resulting from the fundamental defects must be brought by the buyer within two years of the discovery of the defect.