Preamble
The Nougalet online sales store was set up by the company Nougalet (SAS registered with the RCS of Carcassonne under number 2000B 16 with share capital of €200,000, whose head office is located in La Tuilerie, 11,190 LUC SUR AUDE), which is the operator of the website (hereinafter the Site) hosted at the URL address www.nougalet.com. Any order placed for a product appearing in the online store of the nougalet.com website requires prior consultation of these general conditions. Consequently, the consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, to the extent that he wishes to order online the products presented in the store of the Site. The consumer has the option of saving or editing these general conditions, it being specified that both the saving and the editing of this document are his sole responsibility. The online store set up by the NOUGALET company as part of the website mentions the following information: - legal notice allowing precise identification of the NOUGALET company - presentation of the essential characteristics of the goods offered - indication, in French currency, of the price of the goods, as well as, where applicable, the delivery costs - indication of the terms of payment, delivery, or execution; - the validity period of the offer or price - the conditions for terminating the contract when it is of indefinite duration or longer than one year. All of this information is presented in French. The consumer declares that he has full legal capacity allowing him to commit to these general conditions. The NOUGALET company manufactures all of its products on its production site in LUC SUR AUDE (France). To contact Customer Service: Email: nougalet@nougalet.com
Article 1 : Intégralité
These general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all of the provisions provided for in these general conditions. No general or specific conditions appearing in the documents sent or delivered by the consumer may be incorporated into these terms, as long as these documents are incompatible with these general conditions.
Article 2 : Purpose and duration
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the company NOUGALET to the consumer. These general conditions come into force on the date of signing the order form. These general conditions are concluded for the duration necessary for the supply of the goods ordered, until the extinction of the guarantees owed by the company NOUGALET.
Article 3 : Modification of the site and these general terms and conditions
These General Terms and Conditions may be modified at any time. In this case, the products supplied by NOUGALET are subject to the General Terms and Conditions in force at the time of the order by the customer. Any order subsequent to the entry into force of the new General Conditions of Sale is subject to these new General Conditions of Sale.
NOUGALET reserves the right to modify or develop at any time the pages of the site www.nougalet.com, the products , their price or the conditions of use that apply to them. These modifications will come into force as soon as they are posted online on the site www.nougalet.com.
Article 4 : Electronic signature
The consumer's "double click" on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 5 : Registration and use of the site
These General Terms and Conditions apply to the services offered by the site hosted at the URL www.ovh.com, hereinafter the site. Registration on the NOUGALET site is open to any legal or natural person, individual or company, having full legal capacity and having the necessary equipment (computer, navigation software, Internet connection and subscription, etc.). The cost of this equipment remains the sole responsibility of the registered user. The registered user guarantees that the data he communicates is accurate and corresponds to reality. The registered user undertakes to provide a real and valid e-mail address, of which he is actually the holder. In the event of non-receipt of the service messages that NOUGALET may have sent, the registered user can send an e-mail to the address nougalet@nougalet.com and/or write to NOUGALET, La Tuilerie, 11 190 LUC SUR AUDE. The registered user has one or more personal and confidential login(s) and password(s). These must not be communicated or shared with third parties. Under no circumstances can NOUGALET be responsible for the loss of these identifiers and/or passwords. In the event that the registered user uses these elements in a manner contrary to their intended purpose, NOUGALET reserves the right to terminate the contract(s) binding them to NOUGALET and to suspend and/or close the account(s) of L user registered without notice. The registered user is solely responsible for the use of these identification elements by third parties or for actions or statements made through him, whether fraudulent or not. The registered user guarantees NOUGALET against any request in this regard. Furthermore, as NOUGALET is not able to control the accuracy of the information transmitted by people at the time of their registration on the Site, NOUGALET cannot be held responsible in the event of theft of a person's identity. registered. If the registered user, as well as any other person, were to notice that their account was being used in violation of their rights, without their knowledge, or that the identity of a person has been usurped, these may inform NOUGALET without delay by email at nougalet@nougalet.com and/or write to NOUGALET, La Tuilerie, 11 190 LUC SUR AUDE. The price and payment terms for the various products are available on the NOUGALET website during the presentation and use of the services to which the registered user wishes to access or subscribe. NOUGALET strives to ensure the quality of the content of this site and ensures that it is regularly updated. In addition, information from third parties communicated on this site, where applicable, is under their sole responsibility. If, however, the registered user were to notice the presence of information provided by third parties likely to be detrimental to NOUGALET, the latter will inform NOUGALET without delay at the following email address: nougalet@nougalet.com, in specifying in the subject of his message the reason for this letter and in the body of the message, a link on the site referring to the content in dispute as well as, where possible, a “copy and paste” of the content in dispute.
Article 6 : Order confirmation
The contractual information will be confirmed by e-mail at the latest at the time of delivery or failing that, to the address indicated by the consumer on the order form.
Article 7 : Product information
The NOUGALET company presents on its website the products for sale with the necessary characteristics which make it possible to comply with article L 111-1 of the Consumer Code which provides the possibility for the potential consumer to know the characteristics before taking the final order. essential of the products he wishes to purchase.
The offers presented by the NOUGALET company are only valid while stocks last. The NOUGALET company presents on its website the products for sale with the characteristics necessary which make it possible to comply with article L 111-1 of the Consumer Code which provides the possibility for the potential consumer to know before taking the final order the essential characteristics of the products he wishes to purchase.
The offers presented by the company NOUGALET are only valid while stocks last.
Article 8 : Price
1-The prices of our products are indicated in euros all taxes included (VAT + other taxes) excluding processing and shipping costs (see deadlines and costs). The prices are only valid on the date the order form is sent by the consumer.
They do not take into account delivery costs, invoiced in addition, and indicated before validation of the order.< br /> The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
2 – For deliveries and services services outside French territory, the provisions provided for by the General Tax Code relating to VAT will apply.
In the event of an order to a country other than mainland France, the product remains subject to VAT, sales to distance not being considered as intra-community transfers. For all products shipped outside the European Union and Overseas Territories, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the jurisdiction of NOUGALET. They will be the responsibility of the buyer and are his entire responsibility, both in terms of declarations and payments to the competent authorities and/organizations in his country. NOUGALET advises the buyer to find out about these aspects from their local authorities.
3 – NOUGALET reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time of validation of the order.
4 - The products remain the property of NOUGALET until full payment of the price.
5- Payment of the entire price must be made when ordering. At no time can the amounts paid be considered as deposits or advance payments.
6- The products sold on the Site are reserved for individuals.
Article 9 : Payment method
Orders are paid by credit card or check.
However, the company NOUGALET reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by credit card from the organizations officially accredited or in the event of non-payment. The NOUGALET company reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. administration.
The card is debited upon validation of the order.
Transactions are carried out via the Banque Populaire's CYBERPLUS PAYEMENT secure payment terminal. This terminal ensures data confidentiality with SSL encryption. It complies with PCI DSS security standards regarding the storage and circulation of sensitive data.
In the event of payment by bank check, it must be issued by a bank domiciled in mainland France or Monaco.
The check is cashed upon receipt of the check.
In order to allow NOUGALET to manage the order as best as possible, the check will be sent to NOUGALET within 2 working days following validation of the order, La Tuilerie, 11 190 LUC SUR AUDE.
Article 10 : Product availability
The availability (present or future) of the products and services offered is given on the site for information purposes only. Our order acknowledgment definitively validates this availability.
Article 11 : Delivery terms
The products are delivered in France and Europe, to the address indicated by the consumer on the order form. The consumer is informed of the amount of shipping costs before placing their order depending on the location and delivery method chosen.
In the event of a shipping delay, an email will be sent to the consumer to inform them of a possible consequence on the delivery date indicated to him. NOUGALET can then offer him a new delivery date by email. In any case, in the event of a delay of more than 7 days, the consumer benefits from the legal possibility of canceling his order within 60 working days. In this case, if he received the product after its cancellation, NOUGALET will reimburse the price of the product and the return costs, upon receipt of it, complete and in its original condition.
The consumer is required to check the condition of the packaging of the goods upon delivery and to report any damage due to the carrier on the delivery note, as well as to the NOUGALET company, on the day of receipt or at the latest on the first business day following receipt.
Any anomaly concerning delivery (damage, missing product compared to the delivery note, damaged package, damaged products, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the customer's signature. The consumer must make to the company NOUGALET on the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality in relation to the indications appearing on the order description. Any complaint made beyond this deadline will be rejected.
Any complaint not made in accordance with the rules defined above and within the deadlines cannot be taken into account and will release the NOUGALET company from any liability towards the consumer .
In the event of a delivery error, any product to be exchanged or refunded must be returned to the NOUGALET company as a whole and in its original packaging, preferably by Colissimo Recommended, to the following address: SAS NOUGALET, La Tuilerie, 11 190 LUC SUR AUDE
To be accepted, any return must be reported in advance to the Customer Service of the NOUGALET company.
Shipping costs are reimbursed by the NOUGALET company, except in the case where it turns out that the product returned does not correspond to the original declaration made by the consumer in the return slip.
In this case where the packages would be returned to us in NPAI (do not does not live at the address indicated, chocolates being a perishable and particularly fragile commodity, the products would not be re-shippable. The order cannot be refunded and any re-shipment will be at the sponsor's entire expense: chocolates + shipping costs.
Article 12 : Force majeure
In the event of force majeure, the parties will be authorized to cancel the Contract or postpone the delivery date until the force majeure ceases, even if a fixed delivery date had been previously agreed; in this case, neither the Buyer nor third parties will be able to claim compensation from the Seller. Force majeure means any event beyond the control of the parties, directly or indirectly linked to the manufacture, sale or delivery of the Goods which prevents the Seller from performing the Contract..
Article 13 : Right to retract
Under the terms of the provisions of article 121-18 of the Consumer Code, the registered user benefits from a right of withdrawal.
However, this withdrawal period of 14 clear days is not exercised in accordance with with the exception provided for in article L 121-20-2 3° of the Consumer Code when the service provided concerns “(...) goods, which, due to their nature, cannot be reshipped or are likely to deteriorate or expire quickly (...) Consequently, only products resulting from an error caused by the NOUGALET company may be returned to the latter in accordance with the provisions of article 11 above .
Article 14 : Guarantee
NOUGALET undertakes to provide the consumer with a good or service in accordance with their request. To find out about the procedures related to After-Sales Service, the Customer can contact Customer Service. The Customer benefits from the legal guarantee of conformity and hidden defects on the products sold.
Article 15 : Non validation partielle
If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
Article 16: Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 17: IT law and freedoms
In accordance with the provisions of the amended Data Protection Act, the website www.nougalet.com has been declared and registered with the CNIL under number 1467335vo. You have the right to access, modify, rectify and delete personal data concerning you..
If you wish to exercise your right mentioned above or no longer receive these commercial proposals, simply modify your subscription by sending an e-mail specifying your request to NOUGALET customer service:
inscription@nougalet.com. We will confirm to you by return that your request has been taken into account within a maximum period of two months, in accordance with the regulatory provisions in force.
The information collected is intended solely for the use of SAS NOUGALET, and will not be communicated to possible partners.
Article 18 : Intellectual property
The site and all its elements (blog, brands, logos, graphics, photographs, animations, videos) remain in any case the strict exclusive intellectual property of NOUGALET and cannot be reproduced, used or represented under penalty of legal proceedings. The rights granted to the user may in no way go beyond strict personal use of the document and its elements, in accordance with its intended purpose, to the exclusion of any commercial use. The consumer may therefore in no way exploit, rebroadcast or, in general, use for any reason whatsoever, all or part of the site or its elements for purposes other than strict private and personal use.
The consumer is informed that he or she is however authorized to reproduce this document on paper in a reasonable number of copies and to the extent that these reproductions are compatible with strict personal conservation of this document.< br /> These general conditions cannot result in any transfer of intellectual property rights that may be implemented under the order placed. The site and all its elements (brands, logos, graphics, photographs, animations, videos) are and will remain the exclusive property of NOUGALET.
Article 19 : Applicable law
The language of this contract is French. This agreement is subject to French law. In the event of a dispute, the courts of Carcassonne will have sole jurisdiction. In the event of a dispute or complaint, the consumer will contact NOUGALET as a priority to obtain an amicable solution.
To contact Customer Service:
Email: nougalet@nougalet.com
Tél. : 04.68.74.00.59
Personal data
Any mandatory field (symbolized by a star) not validly completed prohibits you from continuing with your account creation.
The information collected is subject to computer processing initiated by NOUGALET, SAS registered under the number SIREN B 527 515,985 with share capital of €50,000, whose head office is located at La Tuilerie, 11 190 LUC SUR AUDE.
This processing is intended solely for the management of your user account and has been subject to a declaration to the Commission Nationale Informatique et Libertés.
If you wish to receive promotional offers and other commercial operations, we invite you to check the box dedicated to this purpose.
The recipients of the data are the employees of the NOUGALET company providing the commercial service. Your data will under no circumstances be transmitted to a third party.
In accordance with the “information technology and freedoms” law of January 6, 1978, you have the right to access and rectify information that concerns you. If you wish to exercise this right and obtain information concerning you, please contact NOUGALET at the address mentioned above. You can also, for legitimate reasons, object to the processing of data concerning you.
Additional information on our privacy policy is available here (see following article). Finally, you can correct most of your personal information yourself via your user account management page. Our commitments regarding your personal data. The visitor acknowledges having read this legal notice..
Collection and storage of your data
Any use of free or paid services of the Site www.nougalet.com or the BLOG www.nougalet.com/magazine implies voluntary transmission personal data.
Your banking data is not stored by our site but by the computer system of our banking establishment or online payment service. In order to post a comment on the BLOG, you are free not to give your real surname in favor of a pseudonym, and to use an email address that does not reveal your identity, in which case the data collected is anonymous, the following provisions do not apply to you.
In accordance with the “Informatique et Libertés” law of January 6, 1978, the file constituted by this data and the uses that can be made of it, have been the subject of a declaration to the Commission Nationale Informatique et Libertés.
By this declaration we undertake to make fair use of your data. This implies that we will not transmit this data to third parties without your prior consent.
Transmission of data to third parties
We undertake not to transmit our customer file and your data to third parties for commercial prospecting.
As authorized by the law, NOUGALET reserves the right to transmit certain data to subcontractors strictly within the limits of the needs arising from your access to the service. Each person thus having access to your data undertakes to ensure its protection and confidentiality.
The information collected on the BLOG is subject to computer processing intended solely for the management of your comment within the BLOG. The IP address of visitors and people leaving a comment is also kept for the purposes of statistical analysis of site traffic.
Advertising emails
We undertake not to solicit you commercially by email unless you have expressly accepted it. Cookies / navigation data
Browsing and posting comments on our Site may involve the installation of a “cookie” on your computer. A “cookie” is a file that does not allow us to identify you; on the other hand, it records information relating to your computer's navigation on our site (the pages you have consulted, the date and time of the consultation, etc.) which we can read during your subsequent visits.
The duration of retention of this information on your computer is 30 days from the first connection.
We inform you that you can oppose the recording of "cookies" by configuring your browser as follows: following:
For Mozilla Firefox: Choose the “tool” menu then “Options” Click on the “privacy” icon Locate the “cookie” menu and select the options that suit you. For Microsoft Internet Explorer 6.0: choose the “Tools” menu, then “Internet Options” (or “Internet Options”). click on the "Confidentiality" tab, select the desired level using the cursor.
For Microsoft Internet Explorer 5: choose the "Tools" menu, then " Internet Options" (or "Internet Options"). click on the "Security" tab, select "Internet" then "Personalize the level" (or "CustomLevel"), locate the "cookies" section and choose the option that suits you.
To Netscape 6.X and 7.
The personal data collected during your orders will not be kept beyond the period strictly necessary for the management of the commercial relationship.. Thus, in the event of no use (connection) of your account, we undertake to delete your data after 10 years from the end of the year in which the last activity was observed
Nevertheless , the law requires us to keep the data necessary to establish proof of a right or a contract which can be archived in accordance with the provisions of the commercial code relating to the retention period of books and documents created occasion of commercial activities and the consumer code relating to the conservation of contracts concluded electronically. Concerning these operations, the retention period is ten years.
Exercise of your rights:
In accordance with the “information technology and freedoms” law of January 6, 1978, you benefit from a right of access and rectification of information which concerns you. If you wish to exercise this right and obtain information concerning you, please contact NOUGALET at the address mentioned below. You can also, for legitimate reasons, object to the processing of data concerning you.
SAS NOUGALET
nougalet@nougalet.com