TERMS AND CONDITIONS OF SALE
1. FOREWORD
The client declares to have acknowledged the following guidelines before placing an order for items sold by Niss-art. In choosing to buy an item sold by Niss-art, the customer expressly and irrevocably accepts the terms and conditions stated hereafter. Furthermore, Niss-art reserves the right to change the herein terms and conditions of sale at any time, with the undertaking that it will publish the changes on the Website http://www.niss-art.com.
2. CAPACITY
The client declares to have the capacity to conclude the hereby contract whose Terms and Conditions are listed hereafter. This means that the client is age 18 or over and is not under protection or guardianship.
3. APPLICABLE LAW
The herein Terms and Conditions of Sale are subjected to French law. The legal language of the herein Terms and Conditions of Sale is French.
4. ACCEPTANCE OF THE HEREIN TERMS AND CONDITIONS
The customer acknowledges to have understood the terms and conditions displayed on screen and expressly declares to accept them without reservation. The submission of the order and confirmation by the customer is manifestation of the customer's total and complete acceptance of the Terms and Conditions, which come into effect once an order is placed.
5. ORDERING AND REGISTERING ORDERS
The customer orders by clicking on the link Buy. So that the customer can return to the order screen before validating, the system has two validation screens. One screen confirms the selection and another screen validates the customer’s contact details. The order will only be registered once the last validation has been made and a confirmation message appears. The final ‘click’ is taken as a written signature in accordance with Article 1341 of the French Civil Code.
6. ORDER CONFIRMATION
When the order is registered, an electronic mail is sent confirming the order and showing the order number and the references of the goods that have been ordered. By keeping these emails and printing them, the customer has proof of order. Niss-art reserves the right to accept or refuse any order at their own discretion.
7. PRICE
7.1 –Prices are indicated in Euros and US Dollars and include all taxes, but exclude preparation, shipping, packing costs and insurance.
7.2 – Goods are invoiced on the basis of current rates at the time when the order is processed, according to availability. We reserve the right to change our prices at any time.
8. PAYMENT
8.1. – Payment by bank card: Niss-art offers a system of secure online payment by bank card through the server of Paypal. The server for secure payment verifies that the bank card is valid before authorizing payment. Secure online payment implies an immediate debit from the bank card.
8.2 – Payment by bank transfer: Niss-art prints its bank details on the order confirmation sent to the customer.
8.3 – Payment in cash: The transaction is limited to 3,000 Euros for individuals, only payable through Western Union.
9. SHIPPING AND DELIVERY COSTS
9.1 – Shipping costs: Shipping and insurance costs are payable by the Buyer, as well as local taxes. The ordered goods will be delivered to the delivery address given by the customer. Niss-art reserves the right to choose the courier firm and guarantees that the goods are shipped. On behalf of and at the cost of the customer, Niss-art insures the goods during shipping whatever the means of transport, respecting national and international road, maritime and air freight regulations governing the merchandise. Niss-art declines all responsibility if these guidelines are not observed.
9.2 – Countries we can ship to : The goods sold by Niss-art are shipped in France and throughout the world. If the goods are delivered outside France, the customer imports the goods concerned. Any customs duties or other taxes are likely to be applied. These possible customs duties and taxes are at the customer’s cost and remain the customer's entire responsibility. Niss-art recommends that customers approach the relevant local authorities for more information.
9.3 – Delivery: Excepting a force majeure, shipping times will be around 30 days from the date of reception of payment by Niss-art. Niss-art cannot be held responsible for consequences resulting from a delay in delivery. Consequently, the customer cannot claim compensation of any kind. Niss-art undertakes to inform the customer by electronic mail if there is a risk of an abnormally long shipping time.
9.4 – Checking delivered goods: The customer is responsible for checking the state of packaging and that the goods delivered conform to the order. It is the customer's responsibility to point out to the courier any reservations they may have and to confirm these reservations by email within two days following the delivery of the merchandise.
10. CANCELLATION PERIOD
According to law, the customer has the right to cancel within 7 (seven) calendar days from the date of receiving the goods ordered. During this period the customer may, at their own cost, return the goods that do not satisfy them with no other penalty payment. The customer may choose between the reimbursement of monies paid for returning the goods, or exchanging the ordered goods. The shipping cost of the goods returned is at the customer’s cost. Damaged goods will not be reimbursed.
11. TITLE
NISS-ART remains the owner of the goods until the entire sum due has been paid and reserves the right to claim back the concerned goods if payment is not received on the due date, even if the customer is in legal liquidation or correction. Notwithstanding the herein guidelines, risk associated with sold goods remain the Buyer’s charge. The Buyer will not invoke the Property Reserve clause to ask for the cancellation of the contract by offering to return the goods (law no. 80335 of 12 May 1980).
12. RESPONSABILITY
Photographs, text and reproductions or illustrations of presented articles are non-contractual. Consequently our responsibility will only apply in case of error or omission in one of the photographs or descriptions of the articles.
13. JURISDICTION - DISPUTES
In case of litigation of any kind or disputes about the placing and processing of orders, the only courts with competent jurisdiction are the courts in NICE, unless NISS-ART prefers to use another competent jurisdiction. This clause applies even in case of referral, incident request or if there is more than one defendant, whatever the means of payment.
14. PRIVACY AND CONFIDENTIALITY
In accordance with law no. 78-17 of 6 January 1978 on data protection, information requested from the customer is necessary to process the order. NISS-ART undertakes not to divulge this information to third-parties. The customer has the right to information concerning him or her. If requested, this information may be given to the customer and if there is an error, be rectified.
15. IDENTIFICATION
Niss-Art
Jérôme Tedaldi
18 avenue Gravier
Le Saphir B
06100 Nice
RCS NICE 408 960 342
EU VAT no.: FR12408960342
16. INTELLECTUEL PROPERTY
By connecting to the site created by aSaBox, owned by NISS-ART, who holds a user license and intellectual property rights for all visual elements, the customer agrees not to copy or download any of its contents without express permission from aSaBox and NISS-ART