These Terms and Conditions (the “Terms”), together with the documents referred to within them, set forth the legal terms and conditions governing your use of the website operated by Nourah Al Faisal Holdings operating under the tradename of NUUN JEWELS, www.nuunjewels.com and www.nuunjewels.fr and any other online and mobile websites operated by Nuun Jewel that are related to www.nuunjewels.com and www.nuunjewels.fr (collectively, the “Site”). Nourah Al Faisal Holdings is a simplified joint stock company registered in the trade and company registry of Paris (France) under number 809 637 164, whose registered address is 71 rue du Faubourg Saint Honoré, 75008 Paris (“Nuun”). Our VAT number is FR75803637164. All references to “our”, “us” or “we” within these Terms are deemed to refer to Nourah Al Faisal Holdings. Your use of the Site (including accessing, browsing or registering to use the Site) confirms your unconditional agreement to be bound by these Terms and is subject to your continued compliance with these Terms. We reserve the right to revise these Terms at any time by amending this page and your continued use of the Site after any such amendments are published on the Site will be considered acceptance by you of such amended Terms. Updated terms will supersede all previous versions of the Terms. Please check this page regularly to take notice of any changes we have made, as they are binding on you.
1. OTHER APPLICABLE TERMS
These Terms refer to the following additional terms, which also apply to your use of the site: • Our Privacy and Cookies Policy https://nuunjewels.com/gb/page/7-aeu-legal-privacy which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate. • Our Acceptable Use Policy, which sets out the permitted and prohibited uses of the Site. When using the Site, you must comply with this policy.
2. NUUN e-BOUTIQUE – CONDITIONS OF SALE
Customers purchasing products online must read the Terms and Conditions of Sale, which will govern the terms and conditions of any such purchases. The provisions entitled "Limitation of liability" below do not cover the sale of products online, please refer to the Terms and Conditions of Sale for the relevant exclusions and limitations of liability.
3. ACCESS TO SITE
Access to the Site is permitted on a temporary basis and we may make changes to the Site from time to time and may change, suspend or withdraw the content of all or any part of the Site at any time without notice.
All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content or use it for commercial purposes, without our prior written consent. You may not offer for sale or distribute over any medium, any part of this Site or any of its content. You shall not interfere or attempt to interfere with the operation or use of Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms.
5. INTELLECTUAL PROPERTY
Unless otherwise specified, we are the owner and/or authorized user of all the copyright trademarks, trade names, service marks, design marks, patents, copyrights, database rights and other intellectual property rights appearing on or contained within the Site. The Site owns or licenses the copyright in all the materials on the Site, including domain name, text, photographs, graphics, logos, button icons, audio, video and software, and international copyright laws and other intellectual property laws protect those rights. The entirety of the Site, as well as its components (in particular text, structure, software, animated items, photographs, videos, illustrations, drawings, graphic representations, logos, etc.) are creative works protected by articles L.111-1 et seq. of the French Intellectual Property code. Except as provided in these Terms, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms, any use or reproduction of the intellectual property is strictly prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark, service mark or logo displayed on this Site without our prior written permission or the prior written permission of such other third party that may own the trade mark, service mark or logo displayed on this Site. Your use of the trademarks, service marks or logos displayed on this Site, except as provided herein, is strictly prohibited Except as authorized by these Terms, use of all or part of the Site, particularly by means of downloading, reproduction, transmission, representation or circulation, for purposes other than personal and private use and with a non-commercial aim by the Internet user is strictly prohibited.
6. NO WARRANTIES
This Site (including the any information, materials, text, graphics, links or other items included in this Site) is provided “as is,” “with all faults” and “as available”, without warranties of any kind. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. Please note that we are under no obligation to update the content and it may be out of date at any given time. We do not guarantee that the Site or any content on it will be free from errors or omissions. We provide the Site “as is” and without express or implied warranties of any kind. We do not warrant that the Site will be free from viruses. Although we take reasonable steps to secure the Site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be safe from unauthorized access or use. The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons and we will not be liable to you if for any reason the Site is not available at any time. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
7. THIRD PARTY SERVICES
8. LINKING TO OUR SITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not frame or deep link this Site. The website from which you are linking must comply in all respects with our Acceptable Use Policy and with applicable laws. You must not establish a link in such manner that suggests endorsement, association or approval on our part where none exists
9. YOUR RESPONSIBILITY
You should always verify the information set out in this Site with appropriate independent information sources and/or authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment. In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy and Cookies Policy and the uses which we may make of such information. You should also check that the information you provide does not contain any content prohibited by applicable laws or regulations. You will be responsible for any loss or damages we may suffer if you breach this warranty. If you choose or are provided with a user identification code, password or other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to a third party. If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at email@example.com.
10. LIMITATION OF LIABILITY
This section applies to the Site and not to the products that may be sold online. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability which cannot be excluded under French law or other applicable law. Subject to the foregoing, we will not have any liability for any loss, cost or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise even if foreseeable, suffered by you or any third party as a result of your use of the Site for or in connection with:
• use of, or inability to use, our Site;
• any third-party software you may download from the Site; or
• use of or reliance on any content displayed on our Site
If you are a business user, please note that in particular, we also will not be liable for: • loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We are not responsible for problems with hosting services, servers or internet service providers, or for any injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or related to or resulting from generally using or downloading materials in connection with the internet. We reserve the right to exclusively defend and control any claims arising from any breach of warranties you have made for which you agree to indemnify us (if you are a consumer, it means where you have agreed that you will be responsible for our loss or damage) and you agree that you will fully cooperate with us when we defend those claims.
11. INFORMATION SUBMITTED BY YOU
Where you make use of a feature which allows you to upload content to us or the Site, or to make contact with other users of the Site, you must comply with the standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any content or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted to the Site by users and, we cannot take responsibility for such content. Any use or reliance on any third-party content or materials posted via the Site or obtained by you through the Site is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or other material posted on the Site or endorse any opinions expressed on the Site. You understand that by accessing the Site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Site, or any loss or damage of any kind incurred as a result of the use of any content or other materials posted, emailed, transmitted or otherwise made available on the Site.
12. RIGHTS YOU LICENCE
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Accordingly, we ask that you do not send us any original creative materials such as designs, photographs, drawings, or original artwork that you expect to be compensated for or that you would like to keep private. If you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by us without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. You hereby irrevocably grant us the right, but not the obligation, to reproduce, modify, adapt, publish, license, post, sell, translate, incorporate, create derivative works from, exploit, issue or communicate to the public and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity (or the maximum period as may be permitted under applicable law), without according you any royalty, compensation or credit. By submitting a Submission to the Site or us, you warrant and represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. You agree that you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Submissions to the Site and/or us will not be acknowledged or returned. You agree and understand that we are not obligated to use any Submission you make to the Site or us and you have no right to compel such use. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to us does not place us in a position that is any different from the position held by members of the general public with regard to your Submission. We also have the right to disclose your identity to any third party who claims that any content posted by you to the Site is in breach of their intellectual property rights or their right to privacy.
13. USER INFORMATION
In the course of your use of the Site, you may be asked to provide personal information to us such as your first and last name, phone number or email address or other personal data within the meaning of applicable data privacy law (such information referred to hereinafter as “User Information“). Our information collection and use policies with respect to such User Information is set out in our Privacy and Cookies Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information
14. RESTRICTION, SUSPENSION AND TERMINATION
We may restrict, suspend or terminate your access to the Site, in whole or in part (including the right to disable your username or password), and/or your ability to avail of any of the services on the Site, including interactive services, with or without notice, for any reason or no reason at all, including but not limited to if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms. We will determine your compliance with these Terms in our sole discretion and our decision shall be final and binding and not subject to challenge or appeal.
15. ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access the Site. This acceptable use policy applies to all users of, and visitors to, the Site. Your use of the Site means that you accept, and agree to abide by, all the policies in this acceptable use policy (including but not limited to Our Privacy and Cookies Policy), which supplement our Terms for the Site.
16. PROHIBITED USES
You may use the Site only for lawful purposes. You may not use the Site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards – please refer to our Terms for the Site and our Privacy and Cookies Policy
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To host, display, upload, modify, communicate, publish, transmit, update or share any information or products/goods/items that: (a) belong to another person and to which you do not have any right to; and/or (b) are false, misleading or inaccurate.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms.
• Not to access without authority, interfere with, damage or disrupt:
o any part of the Site;
o any equipment or network on which the Site is stored;
o any software used in the provision of the Site; or
o any equipment or network or software owned or used by any third party.
17. INTERACTIVE SERVICES
We may from time to time provide interactive services on the Site, including, without limitation:
• Chat rooms.
• Bulletin boards.
• User generated content functionality (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will decide whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Your use of such interactive services is at your own risk. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
18. CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the Site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. Contributions must:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. • Infringe any patent, copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from Us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
19. TERMINATION AND SUSPENSION
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, and (b) deactivate or cancel your account. In the event we terminate these Terms, or your access to our Site or deactivates or cancels your account you will remain liable for all amounts due hereunder.
20. GENERAL PROVISIONS
If any provision, or part of a provision, of these Terms is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms, and the legality, validity or enforceability of the remainder of the provisions of these Terms shall not be affected, unless otherwise required by operation of applicable law. These Terms constitute the entire agreement between you and us in relation to the use of the Site, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter. The waiver by Nuun of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.
21. APPLICABLE LAW AND JURISDICTION
Any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of France. The court of Paris (France) will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
22. CONTACT US
If you have any questions or comments about these Terms, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.
firstname.lastname@example.org or Nuun Jewels, 71 rue du Faubourg Saint-Honoré, 75008 Paris, France
TERMS AND CONDITIONS OF SALE
1. THESE TERMS
b. These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site.
c. You should print a copy of these Terms or save them to your computer for future reference.
d. We amend these Terms from time to time. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws or regulatory requirements. Every time you wish to order Products, please check these Sales Terms to ensure you understand the terms which will apply at that time. The latest version of these Sales Terms will always be available on the Site. Any new version of these Sale Terms shall take effect immediately upon the date of posting and will govern any orders of Products made as from that date. Any changes to the Sales Terms made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
We are Nourah Al Faisal Holdings, a simplified joint stock company operating under the tradename of NUUN JEWELS and registered in the trade and company registry of Paris (France) under number 809 637 164, whose registered address is 71 rue du Faubourg Saint Honoré, 75008 Paris. Our registered VAT number is FR75803637164 (“we”, “us”, “our”, “Nuun”). You can contact us by telephoning our customer service team at +33 (0)1 45 22 39 90 or by writing to us at email@example.com.
a. If we have to contact you in writing we will do so by email at the email address you provided to us in your order.
3. PURCHASING ELIGIBILITY
Only individuals who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries); (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries that we ship to, may order the Products through the Site. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Sales Terms. By placing an order through the Site, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
4. PRODUCT AVAILABILITY & QUANTITY
All orders placed through the Site are subject to availability and acceptance of such orders by us. Products shown on the Site, which cannot be added to the shopping cart, are not available for sale via the Site. The client relations center can provide more information as regards these Products. Quantity limits may apply in relation to orders for certain Products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized Products.
5. ACCOUNT REGISTRATION & GUEST CHECKOUT
To place an order, you may either register and create an online account, or place an order as a guest without creating an online account. Where you place an order as a guest, we may still create an account on our internal systems to record your purchase(s).
6. OUR CONTRACT WITH YOU
a. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
b. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.
c. Once you have made your choice and your order has been placed through the Site, you will receive a written and acknowledgement of order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future enquiries regarding your order. This acknowledgement of order is not an acceptance of your order. To confirm the order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the acknowledgement of order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the acknowledgement of order does not reflect your intentions, you should contact the client relations center promptly.
d. Upon shipment of your order, we will send you a confirmation of order & shipment in writing (by e-mail or otherwise). This confirmation of order & shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract.
e. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site or because we cannot verify delivery or payment information you have supplied, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
f. We may restrict delivery to the address to which your credit or debit card is registered if we are unable to verify the delivery or payment information you have supplied.
7. PRODUCTS MAY VARY SLIGHTLY FROM THEIR PICTURES.
The images of the Products on our website are for illustrative purposes only. Some Products may be shown larger than actual size to show more accurately the details of the Product. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images. Also, we may make minor changes to the Products to reflect changes in relevant laws and regulatory requirements.
a. We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our written confirmation of order & shipment and in any event within twenty (20) days after that date.
b. If delivery of Products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimize the effect of the delay. If we do not deliver within thirty (30) days from the date of the written confirmation of order & shipment or any other time limit as indicated by us, you may contact us to cancel the relevant order and get a refund of any sums you pre-paid us for any Products which you have not received.
c. In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any Products which you have not received. d. When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.
e. We will require a handwritten or electronic signature by you, or a person at the nominated delivery address (unless arranged by you otherwise), to confirm the delivery of each Product, at which point risk and responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift), then you understand and accept that evidence of a signature by such recipient (or a person at the delivery address) is evidence of delivery and fulfilment of the Contract by Nuun and transfer of responsibility to the recipient in the same way as if the Product had been delivered to you. We reserve the right to deliver Products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery for the Products.
f. You own the goods once we deliver the Product to the delivery address you gave us or from the time you collect it from us.
g. We will repair or replace, free of charge (including costs of re-delivery) any Products which are damaged or lost in transit where delivery is made by our carrier, but only if:
• you tell us about the damage or loss within 24 hours of the delivery date in the case of damage and within 24 hours of the delivery date we gave you when you placed your order in the case of loss; and
• you produce to us all documents relating to the lost or damaged Products and the original packaging for damaged Products.
9. PRICES, TAXES AND SHIPPING COSTS
a. All prices shown on the Product pages of the Site include sales taxes/VAT but exclude shipping costs and other taxes unless otherwise stated.
b. The applicable currency for any order is Euro.
c. Sales, use or other taxes will vary based on the location to which Products are being shipped.
d. Shipping costs will be added to the Product price. These costs will be summarized before you are asked to confirm and place your order and will also be reflected in our email correspondence with you once you have chosen your delivery options.
e. We may offer a VAT refund mechanism if you reside outside the European Union.
f. We reserve the right to modify prices and delivery costs at any time without prior notice.
g. We take reasonable care that the prices of Products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you. However, it is always possible that, despite our reasonable efforts, some of the Products offered through our Site or delivery costs may be incorrectly priced. If any of the Products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the Product and refund you any sums you have paid.
h. Please note that changes to applicable law between the date your order is placed and the date you are sent a written confirmation of order & shipment may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order.
10. PAYMENT TERMS
a. We accept the methods of payment identified as part of the order process via the Site. Depending upon the means of payment, we may require additional information, including specific forms of identification.
b. When ordering on the Site, you will need to enter your payment details on the appropriate form. All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.
c. Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.
d. The full amount of your purchase will typically be blocked on your payment card until your order is shipped, at which point you will be sent a confirmation of order & shipment and your payment card will be charged the applicable purchase price.
11. YOUR RIGHTS TO END THE CONTRACT
a. You may have a legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of your money back) if:
i. The Product you have bought is faulty or misdescribed; or
ii. We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed; or
iii. Supply of the Products is significantly delayed because of events outside our control
b. Furthermore, and for most Products bought online you have a legal right to change your mind within 14 days and receive a refund, provided that you are a customer based in the European Union or the European Economic Area. The 14 day period starts the day after the day you, or someone you nominate, receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you, or someone you nominate, receives the last delivery to change your mind about the goods.
To end the contract with us, please email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number.
c. Information about how to return items and how items must be packed for return is included in the original package delivered to you (“Shipping and Returns Policy ”).
d. We inspect all returned Products to check whether they are in the same condition as they were in when they were supplied.
e. We will refund you the price you paid for the Products, by the method you used for payment. However, we may make deductions from the price as follows:
• to reflect any reduction in the value of the goods if they are not in the same condition as they were in when they were supplied; or
• to reflect any loss or damage caused as a result of your failure to follow our returns guidelines. f. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the day we collect the Products.
g. We reserve our right not to accept any return if the Product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly. If you have received free items as part of your order, they must be returned with the Products.
h. All returns will be subject to strict quality control (“QC”) by us to ensure that the returned Products satisfy these requirements. If the products do not meet QC standards, we will refuse the return, and the products will be returned to you. If the returned product satisfies QC, we will proceed with the applicable refund or exchange.
i. Failure to comply with these Sale Terms will entitle us to refuse the returned product and send it back to you, at your own cost.
12. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the Products whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice. Nothing in these Sales Terms limit or exclude our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Sales Terms for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the Product(s) in your order. Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
13. GENERAL PROVISIONS
a. If any provision, or part of a provision, of these Sales Terms is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Sales Terms, and the legality, validity or enforceability of the remainder of the provisions of these Sales Terms shall not be affected, unless otherwise required by operation of applicable law.
b. These Sales Terms (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
c. We are not responsible for any failure or delay in performing or complying with our obligations under these Sales Terms which arises from any cause beyond our reasonable control.
d. The waiver by us of a breach of any provision of these Sales Terms will not operate to be interpreted as a waiver of any other or subsequent breach.
e. We may transfer our rights and obligations under these terms to another organization.
f. This Contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable guarantee.
14. APPLICABLE LAW AND JURISDICTION
These Sales Terms shall be governed by and construed in accordance with the laws of France. Any dispute, controversy or claim arising out of or in relation to the Sales Terms, including the validity, invalidity, breach or termination of the Sales Terms, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The seat of arbitration shall be Paris. The language of the arbitration proceedings shall be English.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION We will use the personal information you provide to us:
• to supply the products to you;
• to verify your name and address;
• to process your payment for the products; and
• if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
16. CONTACT US If you have any questions or comments about these Sales Terms, or matters generally, please contact us at the address provided below: email@example.com or Nuun Jewels, 71 rue du Faubourg Saint-Honoré, 75008 Paris, France