Latest up-dates on these conditions of sale dated June 27th, 2018a
1- Object and acceptance of the general conditions and terms
The web site Les Néréides (hereafter called the “WebSite”) is an e-commerce web site accessible via Internet at www.lesnereides.com. It is open to any user of the Internet (hereafter called “User”). It is edited by :
Les Néréides Distribution (hereinafter named « Les Néréides »)
Limited Liability Company | Share Capital: 157 200 € | RCS de Paris 400 260 386
Headquarters: 5 rue du Bourg l’Abbé – 75003 Paris - France
Email : [email protected]
VAT Number: FR 31400260386
Publication Director: Les Néréides represented by Pier Paolo Amaddeo
The Site allows Les Néréides company to offer for sale, high-end costume jewelry, perfumes, candles and accessories to the web-surfers consulting the Site (hereinafter called “Users”).
The orders placed on the site are for the sole use of the consumers for their personal use. The reselling of Les Néréides products purchased on www.lesnereides.com for professional purposes is strictly forbidden. The site www.lesnereides.com is not designed for young children.
Every order of a Product available on the Site implies the consult and formal approval of the current General Conditions of Sale, even though it is not subject to a formal handwritten signature by the User.
If the User does not wish to accept the general conditions of sale, he is invited to refrain from placing an order on the Site.
It is stated that the User can save or print the current General Conditions of Sale, under the explicit condition that he does not modify them.
Les Néréides reserves its right to modify the current General and Specific Conditions of Sale at any time, without prior notice. It is duly noted that such modifications shall not be enforced on pre-orders and orders the Buyer placed and confirmed prior to their implementation.
The current conditions rule over and exclude any other document.
2- Products sold – Order terms - Purchases
The Site www.lesnereides.com allows to order from Les Néréides Company a selection of products of the brand Les Néréides, available on line immediately.
You may also place order over the phone by calling +33 (0)1 80.50.51.01, Mondays to Thursday (except during public holidays) from 9am to 6pm and on Fridays from 9am to 5pm.
The products les Néréides ordered on the Site can be shipped worldwide.
For each product selected on the Site www.lesnereides.com, a summary page will be displayed automatically, with the picture of the item, its colors, references, the quantity selected, unit price and the total amount of your order. You are responsible for checking the details or your selection before confirming your order. As soon as your order is confirmed it is sent to Les Néréides company for processing.
Even though we endeavor to ensure that the color and patterns of Les Néréides products shown on the pictures of the site www.lesnereides.com be consistent with the production, some variations may occur, due mainly to the limitations of the rendering of the colors on your personal computers. As a result, Les Néréides cannot be held responsible for discrepencies with the pictures or the graphic representation displayed on the site www.lesnereides.com .
Should you have a question regarding the products, we invite you to contact our Customer Service either by sending us an email at [email protected], or by calling +33 (0)1 80 50 51 01.
The company Les Néréides reserves the right to cancel any order of a client with which the company has a pending dispute on a previous order, or if Les Néréides deems reasonably that the client has violated the current General Conditions or if the client has engaged in a fraudulent activity, or for any other legitimate issue.
In order to ensure the best possible service and availability of our products, the orders placed on the site www.lesnereides.com are subject to the following terms and conditions:
- The quantity is limited to 5 items of the same reference for each cart
- A client may not purchase more than 10 times the same item on it life cycle – this is based on the client ID
- A cart may not exceed 15 references and carts over 15 references will not be processed
For any exceptional off-limits order, we invite to make contact with our Customer Service.
3- Availability – Purchases
Our product offer and prices are available as long as they are displayed on the site, while stock lasts. Mistakes or modifications may occur especially when, at the same time, several clients purchase the same item. In the unlikely event that we are out of stock after you placed your order, we will advise you by e-mail or by phone as soon as possible, and we will offer you to either replace by another item of the site www.lesnereides.com or that you cancel your order. Should you choose to cancel your order, you will be reimbursed within 30 days starting from the date your bank account was debited.
Les Néréides cannot be held responsible when items are sold out or not available.
Les Néréides reserve the right to modify the items offered on the site www.lesnereides.com at any time and without prior notice.
4- Confirmation of order – Purchases
After completing your selection and confirming your order, you are invited to click on “Proceed with Payment”. As soon as you confirm your payment, your order is sent to NEREIDES DISTRIBUTION for processing. Thereafter it can only by modified or cancelled following the conditions stated in the current General Conditions of Sale or the conditions of the Law. Every order placed for a product offered on the e-shop of the site www.lesnereides.com implies the revision and prior acceptance of the current General Conditions of Sale. The click of the confirmation of the order implies a full acceptance of the current conditions. A summary of your order will be sent to you by e-mail.
The data collected by the site www.lesnereides.com are proof of all the transactions between NEREIDES DISTRIBUTION and its clients. In case of dispute between Les Néréides and one of its clients on a transaction made on the website, the data collected and saved by Les Néréides constitute compelling evidence of the details of the transaction.
Under the article L. 213-1 of the French Consumer Code, when the total of an order is 120 euros or more, Les Néréides keeps the pieces that materialize the contract between Les Néréides and a client by mail from the date of the contact until de delivery of the goods, and then for a duration of ten years starting from this delivery (in conformity with the decree 2005-137 of February 16th, 2005). It is specified that the customer can have access to this document at any time upon simple request to NEREIDES DISTRIBUTION.
5- Price payment - Purchase
All the prices are given in euros, all taxes includes but without the delivery fees (refer to subsection Shipping and Delivery). All the duties related to your shipping remain at your charge. The Site reserves the right to modify its prices at any time and without prior notice. The products are invoiced based on the price list effective at the time of purchase. The products remain the sole property of LESNEREIDES.com until the complete receipt of payment of the price by the Vendor. The price is due in full and in a lump sum.
The Vendor reserves the right to modify its prices at any time and without prior notice.
Every order placed on the site www.lesnereides.com must be paid immediately after the validation of your order. We only accept payments by credit or debit card or via a PayPal account. All the orders are paid in Euros. We accept payments by MasterCard®, Visa®. The shipping of your order will be effective after verification of your mean of payment and the authorization to debit your card.
In the unlikely event of non-availability of some items in your order (refer to Availability chapter), we will only invoice the prices and costs of shipping the items actually available.
6- Payment and Security
The payment of the purchases may be done according to the client’s choice:
- by card : Visa, MasterCard and Carte Bleue.
- by PayPal
Secured payment by card:
You can pay by credit or debit card in this case, the payment is done on the site of our partner Ingenico This means no bank information related to your account will be transiting via our site LESNEREIDES.com.
Therefore, the payment by card is perfectly secured. This way, your order is being registered after confirmation of the payment by the bank server. You can pay on line safely by entering the card number, expiry date and security code at the back of your card in the proper spaces.
The details of your credit card are encrypted with the SSL protocol (Secure Socket Layer) and never transit not coded on the net. The payment is done directly with the bank. The Vendor has no access to these details and does not save them on its server. This is the reason why we have to ask for them for every purchase on our website.
We take the opportunity of this clause to inform you that our site will never send you communication, by email or other means of communication, to request a communication of your bank details.
7- Fight against fraud
The Site reserves the right to control the validity of the payment before shipping the order by all means the Vendor will deem necessary (for instance verification of ID, proof of residency, etc…)The company Les Néréides also reserves the right to decline the shipping or to decline an order from a consumer with who exist past or pending disputes. In case of fraudulent activity or suspicion of such, the Vendor reserves the right to write off any member with no advanced notice not compensation.
8- Reservation of ownership – Purchases
The products ordered remain the property of NEREIDES DISTRIBUTION until full reception of payment by Les Néréides. In case of payment dispute, you commit to return the items received to Les Néréides upon request, at our charge.
However, you remain responsible for the risks (loss, theft or damages) regarding the products delivered and starting from the date of delivery to you.
9- Delivery territories - Shipping and Deliveries
The Site ships orders within 48h from Monday to Friday. During sales and promotional periods the delivery time might be a little longer. Orders placed on a Saturday, Sunday or during a holiday will be processed on the next working day.
The Néréides products ordered on the Site can be shipped worldwide (subject to exceptions). For security reasons notably, Les Néréides company will not process orders nor ship parcels when the address is a P.O. Box or a Cedex code.
The products are shipped to the delivery address you have entered during the ordering process. The site www.lesnereides.com cannot be held responsible for a mistake in the address you provided nor for the loss or misplacement of your parcel by the transporter. However all lost or misplaced parcels will be reimbursed in full.
10- Shipping and deliveries – Shipping costs
The deliveries are handled by COLISSIMO. For deliveries abroad (outside France), the Postal Service of the country takes over once the parcel has reached the country of destination. COLISSIMO offers a service of secured deliveries: in this case, the parcel is remitted only against signature.
The cost of the COLISSIMO delivery at home in France is 6,90euros. Free shipping is granted for all orders over 120euros.
The cost of shipping to your closest pick-up point (option So Colissimo) is 4,50euros. Shipping is free for all orders over 80euros.
The cost of shipping in Belgium, Germany, The Netherlands and Luxembourg to the pick-up point nearest to you (option So Colissimo) is 9euros. Free shipping is granted for all orders over 200euros.
The cost of shipping in Spain and the United Kingdom to the pick-up point nearest to you (option So Colissimo) is 10euros. Free shipping is granted for all orders over 200euros.
The cost of shipping to your home in the Zones 1 to 4 (European Community – subject to exceptions – and overseas Zone 1) is 15euros. Free shipping is granted for all orders over 200euros.
The cost of shipping in the Zones 5 to 8 (other continents & overseas Zone 2) 1 is 22euros. Free shipping is also granted for all orders over 300euros (except for the United States)
11- Shipping and deliveries – Delivery Time
The average delivery time for France runs from 48 to 72hours starting from the date of shipping from our warehouse. The delivery time for Europe runs from 72hours to 5 days. The average delivery time for the rest of the world runs from 5 to 10 days. The delivery is done in one expedition, the products that are not available at the time of your order, and as stated in your confirmation mail will not be delivered nor charged. In the unlikely event that one of your item is out of stock, you will receive an email to advise you and we will proceed with reimbursement of your payment corresponding to this item. Orders placed for “Shop pick-up” are processed and made available the very same day in our concept store located 5 rue du bourg l’abbé 75003 Paris (this does not apply to orders placed during the week-end)
12- Shipping and deliveries – Customs fees
All the orders placed on the Site and for which the country (or area) of delivery is located outside of France, may be subject to custom fees. These fees are enforced by the applicable legislation of this country (area). These fees remain at the full charge and responsibility of the Buyer. The site www.lesnereides.com is not responsible for checking these fees, nor is it in charge of advising the client of the fees and taxes applicable on the territory of the Buyer. It is the client’s full responsibility to find out about them with his/her local authorities and before placing his/her order. In the event the consignee/recipient declines to pay for the custom fees and/or taxes, all the charges supported by Les Néréides to get back this parcel will be deducted from the reimbursement of products to the Client.
13- Shipping and deliveries – Delivery issues
Any issue or delay in the delivery must be reported to our Customer Service as soon as possible. All claims made after a period of 30 calendar days staring from the date of confirmation of your order, cannot and will not be taken into consideration.
It is your responsibility to check the conformity of the goods when they are being delivered. It is also your responsibility to indicate on the delivery slip your hand-written reservations with signature, regarding any abnormality you are witnessing (open parcel, damaged product, etc.)
You must then contact our Customer Service by email at [email protected], or by calling them at +33 (0)18.104.22.168.01.
In the unlikely event that you would not be happy with the purchased products, you have an option to return them or to ask for their reimbursement as long as you follow the terms of sub-section “Returns – Exchanges – Reimbursements”
14- Returns – Refunds - Cancellation
You have the right to return any product ordered on the Site www.lesnereides.com and ask for its reimbursement as long as you proceed within fourteen (14) calendar days from the date of reception of goods and respect the following terms and conditions.
The products must be returned with their proof of purchase, or a copy of it when it is a partial return; they must be returned as such and in their original packaging, to the following address:
5 rue du Bourg l’Abbé
As we endeavor to always improve our Site, we would like to know the reasons that motivated this return. In order to do so you will find a return form that we kindly ask you to complete and insert into your parcel.
Do you live in France? You can benefit from a free of charge return, so do not hesitate to contact our Customer Service at [email protected], and ask for a Colissimo return voucher in order to avoid paying in advance for the shipping costs.
For orders outside France, the possible return of your order remains at your charge (except if the jewel you received was defective or not the one you had ordered). Should you have any question, please contact us at [email protected]
We can only accept exchanges regarding items that were gifted to you – and provided these items where initially purchased from the Site- In order to do so you will return the product to us, and we will then send you a voucher by email corresponding to the value of the gift. This voucher will allow you to place a new order.
In the event you are seeking for a reimbursement under the right of withdrawal, you may return any product ordered on our site LESNEREIDES.com as long as you do so within fourteen (14) days following the delivery date. The products must be returned in the same conditions as stated before. The company Les Néréides will proceed with a reimbursement within fourteen (14) days after de reception date, by crediting your credit or debit card.
In all cases, we cannot grant you an electronic voucher on the sitewww.lesnereides.com, and the site will not edit a credit to a client to use in one of our shops Les Néréides. We do not offer with refunds, even partial refunds, if the product at stake is a product you have received as a gift.
In case of a request done under the right of withdrawal, the shipping costs invoiced by Les Néréides will be refunded totally but only is the whole order is returned.
Les Néréides company is sole entitled to decide if the products are indeed in their original state once they have been returned to www.lesnereides.com .
The company Les Néréides cannot be held accountable in case of loss, shipping to a wrong address of delays in delivery of a product that you are seeking to return to the Site www.lesnereides.com, since the risks of the transport your choose and set up are your sole initiative.
We do not grant the possibility to exchange or seek refunds on the Site for items you purchased in a shop Les Néréides.
For hygienic purposes, the earrings (except for clip-on earrings) cannot be refunded or returned nor exchanged (unless the item was faulty). The same rule applies to perfumes and candles.
Your product purchased on our official website or in a store is guaranteed for one (1) year for “parts and labor”. Past this time a quote will be established (the guarantee does not apply to jewels purchased in the press, a de-stocking website or on the web site of one of our partners). However, please note that the loss of plating or enamel following the use of the jewel is not covered by our guarantee. After a period of one (1) year, the repair will be invoiced after you confirm acceptance of the quote. We will not proceed with any repair before forma acceptance and payment of the quote.
Shipping costs to Les Néréides related to the products in need of repair remain at your charge, while the cost for shipping back to you will be at our charge.
Items for repairs should be sent to:
SERVICE APRES VENTE
5 rue du Bourg l’Abbé
It is important that you enclose in your parcel the address where you want us to ship back the item, and along with an email address and a phone you can be reached at.
You also have the possibility to come and deposit and/or get back your repair directly to the above address where you will meet our teams.
16- Legal warranty
The products sold on the Site are subject to the general legal guarantee under articles L 211-4, L 211-5 and L 211-12 of the French Consumer Code, and by the articles 1641 et 1648 of the French Civil Code:
Article 1641 of the Civil Code:
“The Vendor is liable to the guarantee on hidden defect of the thing sold and that make it unfit for the use it was intended, or that diminishes this use to such extent that the Buyer would not have purchased it in the first place, or would not have paid its full price if he/she would have been aware of this”
Article 1648 of the Civil Code
The actions related to critical flaws must be filed by the Buyer, within 2 years starting on the date of the discovery of the flaws. In the case provided for under article 1642-1, the action must be filed under penalty within the year following the date when the Vendor can be released from hidden flaws.
Article L211-4 of the Consumer Code
“ The Vendor shall deliver goods conform with the contract and is responsible for the conformity flaws that exist when the goods are delivered. It is also responsible of the defect of conformity resulting from packaging, operating instructions or of the installation when it was stated as his responsibility by contract or was realized under his supervision”;
Article L211-5 of the Consumer Code
“To be compliant with the contract, the goods must:
1° Be fit for the use commonly expected for such goods and where appropriate:
- it must concur with the description given by the vendor and possess the qualities presented to the buyer under the form of samples or showpiece;
- it must present the qualities a Buyer can expect rightfully based upon the public statements entertained by the vendor, the producer or their representatives, in particular in their advertising and labeling;
2° Or should present the features defined by mutual agreement by the parties or be fit for any special use pursued by the buyer, and acknowledge by the vendor and provide the later has accepted these specific conditions of use.
Article L211-12 of the Consumer Code
“The statute of limitation for action resulting from the lack of conformity is of 2 years starting from the delivery of the product.”
17- Liability limitationThe company Les Néréides cannot be held liable by no means for any incidental damage, event or mishap, special or marginal, and in particular, and included but not limited to, the operating loss, loss of profit or loss of luck, resulting from the purchase of the LES NEREIDES products on the site www.lesnereides.com, and this even if Les Néréides was informed of the possibility of such risks.
18- Absence of guarantee
The company Les Néréides cannot guarantee nor confirm that:
- the web site LESNEREIDES.com is free of any virus, data overwriting programs, Trojan or other destructive material;
- the information displayed on the site LESNEREIDES.com are accurate, complete or perfectly updated.
Regarding the availability of the site, Les Néreides is bound solely to an obligation of means and it can not be held responsible for a lack of access to the Site.
The site may contain technical inaccuracy or other flaws, Les Néréides does not guarantee this flaws have been taken care of. The Site and its content are presented “as it stands” en “according to availability”. The company Les Néréides expressly excludes any kind of guarantee, explicit or tacit, and in particular, and included but not limited to, all the tacit conformity guarantees or of the appropriation of the Site and/or its content to usual use or specific use, of their quality or the absence of infringement of these to any disposition.
19- Governing law – Disputes – Mediation
these General Terms and Conditions relative to the company Les Néréides are governed and interpreted according to French law and without restriction even in case of conflicting laws. The Application of the United Nations Convention on international sales contracts is expressly denied by these terms and conditions. In case of a dispute and litigation, the French Courts will prevail and you hereby acknowledge you have been informed and accept this sole jurisdiction. The company Les Néréides reserves the right to seek and obtain an injunction or ordinance to defend its own rights under the terms of these General Terms and Conditions.
In case of a dispute, and in accordance with the dispositions of the Consumer Code regarding “the process of mediation of consumers litigations”, you have the right, before any legal pursuit is undertaken, to free access to the Mediation Department offered by the company Les Néréides.
This process can only be undertaken when the Customer Service of Les Néreides Cy did not answer favorably to your request. The mediation is a process dedicated to search for and offer an amicable and personalized solution to the dispute that might have arisen between you and Les Néréides.
The arbitrator in consumer law LES NEREIDES DISTRIBUTION proposes is:
Médiation Franchise-Consommateurs (MFC)
The arbitrator web site is : https://www.franchise-fff.com/mediation/mediation-consommateurs