Terms and conditions NODUS FACTORY
These conditions of sale are entered into on the one hand by NODUS FACTORY SA, a company with share capital of €904,500 whose registered office is located at 5 rue du Ella Maillart - Zone de Laroiseau - 56000 Vannes - France, registered with the Vannes Trade and Companies Register under number 811 222 967, hereinafter referred to as "the company", and which manages the site www.nodusfactory.com and, secondly, by any individual or legal entity wishing to make a purchase via the website www.nodusfactory.com hereinafter referred to as "the buyer".
Article 1. Purpose
The purpose of the present conditions of sale is to define the contractual relationship between the company and the purchaser, and the conditions applicable to any purchase made through the website. The acquisition of a product through this site implies unreserved acceptance by the purchaser of these conditions of sale, which the purchaser acknowledges having read prior to ordering. Prior to any transaction, the buyer declares on the one hand that the purchase of products on the site is limited to strictly personal use, and on the other hand that he/she has full legal capacity, enabling him/her to commit to the present terms and conditions of sale.
The company reserves the right to modify these conditions of sale at any time, in order to comply with any new regulations or to improve the use of its site. Consequently, the applicable conditions will be those in force at the date of the buyer's order.
Article 2. Products
The products offered are those shown on the company's website, while stocks last. The company reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description of its main characteristics: technical specifications, use. The photographs are as accurate as possible, but are not binding on the seller. The sale of the products presented on the site is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
Article 3. Rates
The prices shown on the product sheets of the internet catalog are in Euros (€) excluding taxes (HT). The company reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery charges, which are invoiced in addition to the price of the products purchased, according to the total amount of the order. A flat-rate contribution to shipping costs may be invoiced to the purchaser depending on the purchaser's choice of delivery:
Registered letter: €6.00 (within mainland France, for small items, excluding cushions, ropes and other bulky items)
Chronopost delivery in mainland France: €8.50 plus VAT
Home delivery via Chronopost in mainland France: €9.50 plus VAT
Article 4. Order and payment terms
Before placing an order, the buyer can create an account on the site. The account creation section can be accessed directly from the side menu bar. Each time you visit the site, if you wish to order or consult your account (order status, profile, etc.), you must identify yourself using this information. The company offers the buyer the option of ordering and paying for products in several stages, with 3 payment options to choose from:
Payment by bank transfer: the buyer selects the products he wishes to order in the "shopping basket", modifies them if necessary (quantities, references...), checks the delivery address or enters a new one. Next, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the payment method of their choice: "Payment by bank transfer". In the final step, the buyer is asked to check all the information provided, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the "Confirm my order" button. This final click constitutes the definitive conclusion of the contract.
As soon as the order has been validated, the buyer receives an order form confirming that the order has been registered. In order to finalize payment and process the order, the purchaser must contact his/her bank to transfer the amount of the order to the company's bank account, details of which are communicated to the purchaser. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. The company will dispatch the products at the earliest 2 working days after receipt of the transfer corresponding to the order, subject to provisions.
Secure payment by credit card directly on the site or via the Paypal service: the buyer selects the products he/she wishes to order in the "basket", modifies them if necessary (quantities, references...), checks the delivery address or enters a new one. Next, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the payment method of their choice: "Payment by credit card".
In the next step, the purchaser is asked to check all the information provided, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure interface of the payment system, where he/she can safely enter his/her personal credit card details. If payment is accepted, the order is recorded and the contract definitively formed.
Payment by credit card is irrevocable. In the event of fraudulent use of the card, the purchaser may demand cancellation of the card payment, in which case the sums paid will be credited back or refunded. The cardholder is not liable if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred, the cardholder must contest the debit in writing to his or her bank within 70 days of the transaction, or 120 days if provided for in the contract with the bank. The amounts debited will be reimbursed by the bank within one month of receipt of the cardholder's written objection. No costs will be charged to the cardholder for the return of the sums.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof, and waiver of the right to invoke one's own terms and conditions of purchase. All data supplied and the recorded confirmation shall constitute proof of the transaction. If the purchaser has an e-mail address and has entered it on the order form, the company will send an e-mail confirming that the order has been registered.
If the buyer wishes to contact the company, he may do so either by post to the Nodus Factory address, or by email to the following address: nodus@nodusfactory.com, or by telephone on +33 (0)2 97 67 64 83.
Article 5. Reservation of title
The company retains full and complete ownership of the products sold until full payment has been received, in principal, costs and taxes included.
Article 6. Withdrawal
In accordance with article L121-20 of the French Consumer Code, the buyer has a period of fourteen working days from delivery of their order to exercise their right of withdrawal and return the product to the seller for exchange or reimbursement without penalty, with the exception of the cost of return.
In accordance with article L221-28 of the French Consumer Code, the right of withdrawal does not apply to products made to the consumer's specifications or clearly personalized.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by various delivery services, with or without tracking and delivery without signature. The company can provide the buyer with the tracking number of his parcel by e-mail. The buyer is delivered to his home by his letter carrier. If the purchaser is absent, he/she will receive a delivery notice from the letter carrier, enabling him/her to collect the products ordered from the nearest post office, within a period indicated by the postal services (provided that the appropriate delivery option has been selected). The risks associated with transport are borne by the purchaser from the moment the items leave the company's premises. The purchaser is obliged to check the condition of the packaging and the contents of the goods on delivery, in the presence of the La Poste employee or the delivery person. In the event of damage in transit, any protest must be made immediately to the carrier, or at the latest within three days of delivery.
Article 8. Warranty
All products supplied by the company are covered by the legal warranty stipulated in articles 1641 et seq. of the French Civil Code. In the event of non-conformity of a product sold, it may be returned to the company, which will take it back, exchange it or reimburse it. All claims, requests for exchange or refund must be made by post to the company's address within thirty days of delivery.
It is important to note that Nodusfactory warranties do not cover damage caused by: abusive or negligent use, accidents, unauthorized modification, misuse, normal wear and tear.
Article 9. Liability
In the distance selling process, the company is only bound by an obligation of means. It may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.
In addition, the products are manufactured according to guidelines and specifications provided by the customer, and their use and integration into devices of any kind is the responsibility of the user.
Article 10. Intellectual property rights
All elements of the site are and remain the exclusive intellectual property of the company. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photos, logos, visuals or text.
Article 11. Personal data
The company undertakes to maintain the confidentiality of any information provided by the purchaser, which he/she may be required to transmit in order to use certain services. All information concerning the purchaser is subject to the provisions of law no. 78-17 of January 6, 1978. As such, Internet users have the right to access, modify and delete information concerning them. They may request this at any time by mail to the company's address.
Article 12. Settlement of disputes
These conditions of distance selling are governed by French law. For all disputes or litigation, the competent court will be that of Vannes.
Any dispute relating to the interpretation of the present contract or to the execution of the order, even in the event of recourse to a warranty or multiple defendants, shall fall within the exclusive jurisdiction of the Commercial Courts of Vannes, regardless of the place where the contract was concluded and regardless of the place of shipment, place and method of payment.