N'GO SHOES - Terms and conditions of sale on the Internet
Preamble
The purpose of these General Conditions of Sale is to define the conditions under which the company N'GO SHOES markets its products to its consumer customers, through its website. The company N'GO SHOES is a simplified joint stock company with a capital of 30,000 euros, whose headquarters is located 12 allée du Port Maillard, 44000 NANTES (France), registered in the register of commerce and companies of NANTES under number 825 278 872. Email address : sav@ngo-shoes.com
1. Definitions
The terms and expressions used in these General Terms and Conditions of Sale with a capital letter shall have the following meaning:
▪ "Customer" means any natural person of legal age making, on the Website, the purchase of one or more Products offered by N'GO SHOES, for purposes that do not fall within the scope of its professional activity, and therefore having the quality of consumer within the meaning of the Consumer Code.
▪ "Customer Account" means the account created on the Website by any natural person of legal age having the quality of consumer with a view to making the purchase of one or more Products.
▪ "Terms and Conditions of Sale" refers to the present terms and conditions of sale, applicable to the relationship between N'GO SHOES and the Customer.
▪ "Special Conditions" refers to the special conditions concluded between N'GO SHOES and the Customer and whose purpose is to complete the present General Conditions of Sale, specifying in particular the nature and quantity of the Products supplied to the Customer as well as the pricing and delivery conditions. The Special Conditions are materialized by the summary page of the Customer's order, as confirmed by the Customer at the time he validates his payment.
▪ "Contract" means together the General Sales Conditions and the Special Conditions. The conclusion of the Contract is materialized by the confirmation of the Particular Conditions by the Customer, entailing his full and unreserved adherence to the General Sales Conditions.
▪ "N'GO SHOES" refers to the company N'GO SHOES whose legal notices appear in the Preamble.
▪ "Products" refers to the products offered for sale on the Website by N'GO SHOES, as described in Article 3.1 herein.
▪ "Website" refers to the website hosted at the following address:
www.ngo-shoes.com
▪ "VAT" means the French value added tax.
2. Acceptance of the General Terms and Conditions of Sale
The General Conditions of Sale determine the contractual conditions applicable to relations between N'GO SHOES and the Customer. The Customer declares to be a natural person of age and to have the capacity to enter into the Contract. The Customer is required to read carefully the General Conditions of Sale before purchasing a Product on the Website. The General Conditions of Sale contain important information on the rights and obligations of the Customer, as well as the limitations and exclusions of liability of N'GO SHOES. By purchasing a Product on the Website, the Customer confirms his full and unreserved acceptance of the General Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any other document that would be unenforceable against N'GO SHOES. If the Customer does not accept the General Terms and Conditions of Sale, he is requested not to use the Products offered by N'GO SHOES.
3. Products
3.1. Definition of Products
N'GO SHOES offers for sale on the Website, primarily, sneakers and ethical shoes manufactured in Vietnam according to the principles of fair trade. The Products offered by N'GO SHOES are the subject of a general presentation on the Website and a specific description in the Special Conditions.
3.2. Product prices
The Products are offered at the prices displayed on the Website on the day of validation of the order by the Customer.
The prices displayed on the Website are in euros, inclusive of all taxes, including VAT, but excluding delivery charges, if any, or any other possible additional charges, as specified on the summary page of the Customer's order. Any change in the VAT rate will be reflected in the price of the Products. The prices displayed do not include costs, duties and taxes related to customs clearance operations carried out by N'GO SHOES on behalf of the Customer in accordance with Article 7.5, and which are the sole responsibility of the Customer. N'GO SHOES reserves the right to modify at any time the prices displayed on the Website.
3.3. Availability of Products
The availability of a product is mentioned on the corresponding description on the Website.
4. Order
The Customer who wishes to order a Product on the Website must follow the following steps:
(i) Select each Product and the desired quantity and add it to the basket;
(ii) Validate the contents of the basket when all the desired Products have been selected;
(iii) Identify yourself by means of your Customer Account or, if necessary, create a Customer Account beforehand;
(iv) Choose the delivery method, the costs related to each delivery method being displayed on the Website;
(v) Check the details of the order and correct it if necessary;
(vi) Choose the method of payment and confirm full and unreserved acceptance of the General Terms and Conditions of Sale in force on the day of the order;
(vii) Verify all information on the order summary page before confirming payment, and thus confirm the order with payment obligation. The Customer is invited to carefully check, before placing an order for Products, that they correspond to his needs.
N'GO SHOES can not be held responsible for the failure of the Customer in determining its needs or errors in the ordering process. No request for subsequent modification of an order placed by a Customer can be taken into account by N'GO SHOES.
5. Financial Conditions
5.1. Amount to be paid
The amount to be paid by the Customer is the amount shown on the summary page of his order before he validates his payment. It includes in particular (i) the price of the Products ordered, in euros including all taxes, or excluding VAT depending on the location of the Customer, (ii) the delivery costs if applicable, as well as (iii) any other additional costs duly specified. Where applicable, shall be added to the amount to be paid shown on the summary page of the order, any fees, duties and taxes related to customs clearance operations carried out by N'GO SHOES on behalf of the Customer in accordance with Article 7.5, and which are the sole responsibility of the Customer.
The amount to be paid for a given order is payable in euros and due in full at the time the Customer validates his order.
5.2. Terms of payment
The payment of the price of the Products is made, at the Customer's choice, by credit card (Visa, Mastercard, American Express), or Paypal. To avoid any risk of fraudulent payment, N'GO SHOES reserves the right to ask the Customer for proof of identity.
5.3. Securing transactions
To protect sensitive data related to payment, the Website is subject to a protocol of secure exchanges SSL ("Secure Socket Layer"). N'GO SHOES uses the secure payment service 3D Secure. N'GO SHOES does not have access to sensitive data related to payment methods provided by the Customer.
6. Processing the order
After payment by the Customer, it will receive as soon as possible an email confirming the validation of his payment and registration of his order and recalling the details thereof. The order is considered final only on the date of this e-mail. The Customer will also be informed by e-mail of the shipment of the ordered Products. The Customer has the possibility to follow the evolution of his order on his Customer Account. Unless proven otherwise, the data recorded in the computer system of N'GO SHOES constitute proof of all transactions concluded with the Customer. For a payment made by credit card, the data recorded by the payment system constitute proof of financial transactions with the Customer.
Cancellation or refusal of an order by N'GO SHOES
N'GO SHOES reserves the right to refuse or cancel the order of a Customer for any legitimate reason, including in case of incorrect entry of data related to payment, rejection of the method of payment used or not received by N'GO SHOES within the required time of additional information requested to validate the payment of the Customer.
The Customer shall bear any costs necessary to resolve the problem, including in the event of refusal of payment by his bank.
7. Delivery
7.1. Terms and costs of delivery
N'GO SHOES delivers the Products in metropolitan France, in DROM-COM (ex DOM TOM), in all countries of the European Union and in some countries outside the European Union.
The shipment of Products can only occur after validation by N'GO SHOES of the payment of the total amount of the order.
The Customer shall bear any cost of reshipment related to an error on his part in the delivery address provided.
If the recipient is absent at the time of delivery, the carrier will leave a delivery notice at the delivery address provided by the Customer. The Customer shall then agree on a new appointment with the carrier or collect the Products at the address and according to the terms indicated by the carrier. If the Customer fails to collect the Products within the time limit communicated by the carrier, the Products will be returned to N'GO SHOES, which reserves the right to reimburse the Customer for the delivery costs. Any request from the Customer to return the Products will be at the sole expense of the Customer.
7.2. Delivery costs
Delivery is free of charge in metropolitan France for all orders of 75 euros or more including VAT. Delivery costs outside metropolitan France depend on the weight of the Products to be delivered and the country of destination. These costs are indicated on the Website when the Customer chooses the delivery method.
The amount due by the Customer for this is indicated on the summary page of the order before validation of the payment by the Customer.
7.3. Delivery time
The delivery time is indicated on the description of each Product. It is an average estimated time corresponding to a delivery in metropolitan France. The delivery time of a Product purchased by the Customer is indicated on the summary page of his order and runs from the validation of the order by N'GO SHOES as referred to in Article 6. N'GO SHOES undertakes to inform the Customer as soon as possible by e-mail if the period communicated to the latter is exceeded. The Customer may claim reimbursement of sums paid for his order only under the following cumulative conditions:
(i) N'GO SHOES has not met the deadline communicated to the Customer; and
(ii) The Customer, by registered letter with acknowledgement of receipt or any other durable medium, has unsuccessfully enjoined N'GO SHOES to deliver the Product(s) ordered within a reasonable additional period.
If necessary, the Customer may terminate the Contract with N'GO SHOES, by registered letter with acknowledgement of receipt or any other durable medium. Unless it has performed before receipt of the letter of termination, N'GO SHOES will refund all sums paid by the Customer under the order in question, no later than fourteen (14) days after the date of receipt of the letter of termination of the Customer. In any event, N'GO SHOES can not be held responsible for failure to meet delivery deadlines due to force majeure.
7.4. Risks related to transport
The risks of loss and damage to the Products are transferred to the Customer at the time the latter, or a third party designated by him, takes physical possession.
In accordance with Article L. 133-3 of the Commercial Code, the extinction of the recourse of N'GO SHOES against the carrier, in case of damage or partial loss, takes place upon receipt of the items transported if within three (3) days thereafter, not including holidays, the consignee has not notified the carrier, by extrajudicial act or by registered letter, its protest with reasons. This period may be extended in certain circumstances.
Consequently, in order to allow N'GO SHOES to preserve its rights with respect to the carrier, the Customer is invited to (i) inform N'GO SHOES, upon receipt of the Products, in the event of damage or partial loss of the Products ordered, at the address contact@ngo-shoes.com and (ii) to make a report to the carrier concerned within three (3) days by registered letter. In particular, the Customer is invited, in the event of damage to the parcel or the Products, (i) to refuse the parcel by indicating the words "Refused :
Damaged product" on the delivery receipt, or (ii) if the Customer nevertheless accepts the package, to issue, on the delivery receipt, all the necessary reservations indicating the damage noted on the Products.
7.5. Customs clearance
The Customer who purchases Products on the Website expressly acknowledges that he/she mandates N'GO SHOES to carry out, on behalf of the Customer, all formalities and customs clearance operations that may be necessary for the delivery of the Products ordered by the Customer.
All costs, duties and/or taxes arising from these customs clearance operations shall be borne exclusively by the Customer who shall pay them at the time of delivery of the Products.
8. Right of withdrawal
8.1. Modalities for exercising the right of withdrawal
In accordance with the provisions of the French Consumer Code, the Customer benefits from a right of withdrawal, by virtue of which he/she may decide to renounce his/her commitment to purchase Products, without having to justify his/her reasons or pay any penalty, for the purpose of exchange or reimbursement.
This right does not apply to Products that are made to the Customer's specifications or that are clearly personalized, in accordance with article L221-28 of the French Consumer Code.
The Customer must exercise his right of withdrawal within fourteen (14) calendar days following the date of receipt of the Product by himself or the third party designated by him.
In the case of an order comprising several Products delivered separately, the period runs from the date of receipt, by the Customer or the third party designated by him, of the last Product of the order concerned.
Before the expiry of this period, the Customer must inform N'GO SHOES of his intention to exercise his right of withdrawal either by the withdrawal form, available in Annex 1, which must be sent to N'GO SHOES by email or post, or directly from his Customer Account.
N'GO SHOES will acknowledge receipt of the Customer's request.
8.2. Terms of return of Products in the context of the exercise of the right of withdrawal
The Customer who has exercised his right of withdrawal as referred to in Article 8.1 must return the Product(s) concerned, at his own expense, at the latest within fourteen (14) days following the communication to N'GO SHOES of his decision to withdraw.
The Products must be returned to the following address:
FRENCHLOG
FOR N'GO
21 rue de la Rabotière
44800 SAINT HERBLAIN, France
The risks associated with transport are the responsibility of the Customer until the date of receipt by N'GO SHOES of proof of shipment. The Product being returned must be returned in its entirety (packaging, accessories, manuals, etc.) clean and in perfect condition for resale. In order to facilitate the processing of the return, the Customer is invited to attach a copy of the corresponding invoice. In accordance with the French Consumer Code, the Customer may be held liable in the event of depreciation of the Product caused by handling other than that necessary to establish the nature, characteristics and proper functioning of the Product. In the event that the Customer returns a soiled and/or deteriorated Product, it will not be refunded. In such a case, the Customer will have the option of having the said Product returned to him at his own expense.
8.3. Exchange or refund
When exercising his right of withdrawal as described in Article 8.1, the Customer may, at his option, request (i) the replacement of the Product or (ii) the refund of the sums paid.
In the case of a request for refund, N'GO SHOES reimburses the Customer the sums paid by the latter at the time of the order, including, where appropriate, the delivery costs, excluding any additional costs related to the choice of a more expensive method of delivery than the standard method offered by N'GO SHOES. The costs associated with the return of the Product remain the responsibility of the Customer.
In case of exercising the right of withdrawal on only part of the Products received, the delivery costs are refunded in proportion to the weight of the Products returned or, if the delivery costs have been calculated at a flat rate, they are not refunded to the Customer. The refund will be made as soon as possible and no later than the date of receipt by N'GO SHOES of the returned Product or receipt by N'GO SHOES of proof of shipment of the Product by the Customer, the date retained being the first of these facts.
N'GO SHOES will proceed with the refund using the same means of payment as that used by the Customer for the initial transaction, unless another means of payment is expressly agreed between the parties.
In the case of a request for refund, N'GO SHOES reimburses the Customer the amounts paid by him when ordering, including where appropriate the cost of delivery, excluding any additional costs related to the choice of a mode of delivery more expensive than the standard delivery proposed by N'GO SHOES. The costs associated with the return of the Product remain the responsibility of the Customer.
In case of exercising the right of withdrawal on only part of the Products received, the delivery costs are refunded in proportion to the weight of the Products returned or, if the delivery costs have been calculated at a flat rate, they are not refunded to the Customer.
The refund will be made as soon as possible and no later than the date of receipt by N'GO SHOES of the returned Product or receipt by N'GO SHOES of proof of shipment of the Product by the Customer, the date retained being the first of these facts. N'GO SHOES will proceed with the refund using the same means of payment as that used by the Customer for the initial transaction, unless another means of payment is expressly agreed between the parties.
9. Legal Guarantees
The main provisions relating to legal guarantees are reproduced in Annex 2.
9.1. Legal warranty of conformity
All Customers benefit from the legal guarantee of conformity under Articles 1604 et seq. of the Civil Code and Articles L 217-4 to L 217-13 of the Consumer Code. When acting under the legal warranty of conformity, the Customer:
(i) Has a period of two (2) years from the date of receipt of the Product;
(ii) May choose between repair or replacement of the Product, subject to the disproportionate cost of the solution chosen by the Customer;
(iii) Is exempted from proving the existence of the defect of conformity of the Product during the twenty-four (24) months following the reception of the Product, or six (6) months for a second-hand product.
The legal guarantee of conformity applies, for the Customer, independently of the commercial guarantee that may have been granted.
The Customer may decide to implement the warranty against hidden defects of the Product sold as provided for in Article 1641 of the Civil Code and, in this case, choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
When repair and replacement are impossible, N'GO SHOES proceeds, at the Customer's option, either (i) to a refund of the price paid by the Customer in exchange for the return of the Product, (ii) or to a reduction of the price paid and retention of the Product by the Customer.
In any event, only a price reduction may be offered to the Customer if the lack of conformity is minor.
The exercise of this right by the Customer is free of charge for the latter, in accordance with the terms and conditions for the return of Products described in Article 9.3.
9.2 Warranty against hidden defects
In accordance with Articles 1641 to 1649 of the Civil Code, any Customer benefits, for products purchased from N'GO SHOES, a warranty against hidden defects, which can be exercised within two (2) years from the day the Customer became aware of the defect. Under this warranty, N'GO SHOES will proceed, at the option of the Customer, (i) either a refund of the price paid by the Customer against return of the Product, (ii) or a reduction of the price paid and retention of the Product by the Customer.
9.3. Terms of return of Products in the context of the exercise of a legal warranty
The Customer wishing to return a Product in the context of the exercise of a legal warranty must first inform N'GO SHOES by email at sav@ngo-shoes.com, or (ii) by mail to the address listed in the Preamble.
N'GO SHOES will acknowledge receipt of the Customer's request and will provide the necessary instructions for the return of the Product.
The refund of Products deemed non-compliant or defective will be made as soon as possible. The cost of return will be borne by N'GO SHOES, upon presentation of receipts where appropriate.
10. Registration on the list of opposition to canvassing
N'GO SHOES may be required to collect the Customer's telephone data. In accordance with the Consumer Code, the Customer is informed that he can register at any time on the list of opposition to telephone solicitation.
11. Processing of personal data
In accordance with Regulation (EU) 2016/679 (known as the "General Data Protection Regulation" or "GDPR") and Law No. 78-17 of 6 January 1978 as amended, relating to computers, files and freedoms, N'GO SHOES is required, in the context of the execution of the Contract, to collect from the Customer personal data concerning him. This data is processed by N'GO SHOES, necessary (i) for the performance of the Contract and, where appropriate, the execution of pre-contractual measures taken at the request of the Customer, (ii) to comply with legal and regulatory obligations incumbent on N'GO SHOES and / or (iii) for the purposes of legitimate interests of N'GO SHOES.
Any individual whose personal data is processed by N'GO SHOES has a right of access, rectification, deletion, a right to portability as well as a right to limit and a right to object to the processing of such data.
More complete information is available in the N'GO SHOES Personal Data Protection Policy, attached hereto and accessible on the Website.
Any request for further information or to exercise the above rights may be sent by e-mail to rgpd@ngo-shoes.com, using the contact form accessible on the Website or by post to
N'GO SHOES - RGPD, 12 allée du Port Maillard, 44000 NANTES (France).
12. Intellectual Property
The intellectual property rights attached to the Products, including but not limited to trademarks, designs, plans, models and patents, are the exclusive property of N'GO SHOES or its partners. No license to use is granted to the Customer under these Terms and Conditions of Sale.
13. General Provisions
13.1. Partial invalidity
The invalidity of a contractual clause does not entail the invalidity of the General Conditions of Sale, with the exception of an impulsive and decisive clause which led one of the parties to conclude the contract.
13.2 Modification of the General Terms and Conditions of Sale
N'GO SHOES reserves the right to modify the General Conditions of Sale at any time. Consequently, the applicable General Conditions of Sale are those in force on the date of the Customer's order.
13.3 Mediation - Applicable Law - Jurisdiction
The General Conditions of Sale, and more generally the Contract, are subject to French law.
For any dispute relating to the conclusion or execution of the Contract, the Customer must, before any other action, contact N'GO SHOES to seek an amicable solution. The Customer may send a written complaint (i) by email to: sav@ngo-shoes.com, or (ii) by mail to the address indicated in the Preamble.
In the absence of an amicable solution, the Customer is informed that it may, in accordance with the Consumer Code, have recourse to conventional mediation, in particular to the Consumer Mediation Commission or to the existing sectoral mediation bodies, whose contact details are indicated below, or to any alternative dispute resolution method in the event of a dispute.
In accordance with Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online resolution of consumer disputes and amending Regulation (EEC) No 2006/2004 and Directive No 2009/22/EC, such Consumer Customer is also informed of the existence of an online dispute resolution platform ("ODR") between consumers and professionals accessible at the following address: http://ec.europa.eu/odr.
Appendix 1
Model withdrawal form
referred to in Article 8.1
(This form must be completed and returned only if the Customer wishes to withdraw from the order placed)
To the attention of :
N'GO SHOES
12 allée du Port Maillard
44000 NANTES, France
sav@ngo-shoes.com
I hereby notify you of my withdrawal from the contract concerning the sale of the following products:
- Order of (Date) / Received on (Date)
- Order number: ...........................................................................
- Customer's name: ...........................................................................
- Customer's address: .......................................................................
Customer's signature (only if this form is notified on paper)
Date:
Appendix 2
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery.
He is also responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and,
if necessary :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code.
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.