Terms of Sales – NOVATHINGS SAS

ARTICLE 1 – General Scope

These General Terms of Sale apply without restriction or reservation to all sales concluded by NOVATHINGS SAS ("the Seller") to consumers and non-professional buyers ("Customers or Customer"), wishing to acquire the products offered for sale by the Seller ("The Products") on the website www.novathings.com. They specify in particular the conditions of order, payment, delivery and management of any returns of Products ordered by Customers. The Products offered for sale on the website www.novathings.com are the following:

  • helixee

The main features of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are shown on the website www.novathings.com.

The Customer is required to read and understand this before placing an order.

The choice to purchase a Product is the sole responsibility of the Customer.

The images and graphics presented on the website www.novathings.com are not contractual and can not engage the responsibility of the Seller.

The Customer is obliged to refer to the description of each Product in order to know its properties and essential features.

Product offers are subject to availability, as specified at the time of placing the order.

The Seller's contact information is as follows:

92 Avenue Ferdinand de Lesseps, Zone Artisanale La Pile Saint-Cannat, 13760 France

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to sales in the store or through other channels of distribution and marketing.

These General Terms of Sale are accessible at any time on the website www.novathings.com and will prevail, if necessary, on any other version or any other contradictory document.

The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure and the general conditions of use of the website www.novathings .com.

These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the purchase of the Customer is the one in effect on the website at the date of placing the order.

Unless proved otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data in writing by mail and to justify his/her identity, to

92 Avenue Ferdinand de Lesseps, Zone Artisanale La Pile
13760 SAINT-CANNAT.

The validation of the order by the Customer implies acceptance without restriction or reservation of the present General Terms of Sale.

The Customer acknowledges having the capacity required to contract and purchase the Products offered on the website www.novathings.com.

The Products presented on the website www.novathings.com are offered for sale for the following territories: Metropolitan France

In case of an order from another country other than metropolitan France, the Customer is the importer of the Product (s) concerned.

For all Products shipped outside the European Union and overseas France, the price will be calculated excluding taxes automatically on the invoice.

Customs duties, other local taxes, import duties or state taxes may be payable. They will be at the expense and sole responsibility of the Customer.

ARTICLE 2 - Orders

It is up to the Customer to select on the website www.novathings.com the Products he/she wishes to order, according to the following methods:

You need to :

- Connect on www.novathings.com, then on "Shop", then on "Buy"

- Then choose your product: helixee 1To / 2 To or No drive, then its quantity, then "add to cart" - - Then proceed to the payment by clicking on "Checkout", and complete the information "email" and "shipping address", then "continue to shipping method" then "continue to payment method" to put card info of credit VISA / Mastercard / AMEX

- Then check your order and validate it.

- Finally an order confirmation email is sent to the Customer.

 

The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will only be considered final once a confirmation email is sent to the customer from the seller by stating the acceptance of the order.

For orders placed exclusively on the internet, the registration of an order on the site is made when the Customer accepts these General Terms of Sale by ticking the box provided for this purpose to validate the order. The Customer has the opportunity to check the details of his/her order, the total price and correct any errors before confirming the acceptance (Article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Terms of Sale and constitutes a proof of the contract of sale.

It is therefore the responsibility of the Customer to verify the accuracy of the order and to report any errors immediately.

Any order placed on the website www.novathings.com constitutes the formation of a contract concluded between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.

The Customer can follow the progress of his/her order on the website www.novathings.com.

The Seller does not intend to sell the Products on the website www.novathings.com to professionals, only to consumers or non-professionals, for their personal needs.

The Seller reserves the right to refuse orders for the same Product in large quantities.

ARTICLE 3 - Price

The Products are supplied at the rates in effect on the website www.novathings.com, at the time of registration of the order by the Seller. The prices are expressed in Euros, HT and TTC.

The rates take into account any reductions that may be granted by the Seller on the website www.novathings.com.

These prices are firm and non-revisable during their period of validity, as indicated on the website www.novathings.com, the Seller reserves the right, outside this period of validity, to change prices at any time. They do not include processing fees, shipping, transport and delivery, which are charged in addition, under the conditions indicated on the website www.novathings.com and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and delivered to the Customer when ordering.

ARTICLE 4 – Payment Terms

The price is payable in cash, in full at the date of placing the order by the Customer, by way of secure payment, according to the following terms:

  • By credit card : Visa, MasterCard, American Express.

In case of payment by check, it must be issued by a bank domiciled in France or Monaco.

The cashing of the check is made upon receipt.

The payment data is exchanged in encrypted mode using the SSL protocol

In the event of a late payment and payment of sums due by the Customer beyond the above deadlines, and after the date of payment appearing on the invoice sent to him, late penalties calculated at rate 1.5% per month of the amount inclusive of the purchase price shown on the said invoice will automatically be acquired by the Seller without any formality or prior notice.

The late payment will result in the immediate payment of all amounts owed by the Customer, without prejudice to any other action that the Seller would be entitled to bring, in this respect, against the Customer.

Payments made by the Customer will only be considered final once the sums due have been cashed by the Seller.

In addition, the Seller reserves the right, in case of non-compliance with the terms of payment listed above, to suspend or cancel the delivery of orders in progress made by the Customer.

No additional costs, higher than the costs incurred by the Seller for the use of a means of payment, may be billed to the Customer.

ARTICLE 5 - Delivery

The Products ordered by the Customer will be delivered in metropolitan France to the address indicated by the Customer when ordering on the website www.novathings.com.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Except in the special case or unavailability of one or more Products, the Products ordered will be delivered at one time.

The Seller undertakes to make his best efforts to deliver the products ordered by the Customer within the time specified above. These deadlines are given as an indication. However, if the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the fact of the Customer, the sale may be solved at the written request of the Customer under the conditions laid down in Articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deductions.


In the event of particular request from the Customer concerning the conditions of packing or transportation of the ordered products, duly accepted in writing by the Seller, the related costs will be the object of an additional specific invoicing, on an estimate previously accepted in writing by the customer.

The Customer is required to check the status of the delivered products. He/She has a deadline of 3 days from the delivery to send an online registered letter to the address 

NOVATHINGS SAS
SERVICE APRES VENTE
92 Avenue Ferdinand de Lesseps,
Zone Artisanale La Pile
13760 SAINT-CANNAT


any reserves or claims for nonconformity or apparent defect of the Delivered Products (for example damaged productl already opened ...), with all the relevant supporting documents (photos in particular). After this period and failing to comply with these mandatory formalities, the Products will be deemed compliant and free from defects and no claim may be validly accepted by the Seller.

The Seller shall refund or replace as soon as possible and at their expense, the delivered Products whose defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).

ARTICLE 6 – Transfer of Ownership – Risk Transfer

The transfer of ownership of the Seller's Products, to the Customer will be realized after full payment of the price by the latter, regardless of the delivery date of said Products.

Irrespective of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto, will not be realized until the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.

ARTICLE 7 – Right to Retract

In accordance with the legal provisions in force, the Customer has a period of fourteen days from the receipt of the Product to exercise his/her right of withdrawal from the Seller, without having to justify reasons or to pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition in the 14 days following the notification to the Seller of the Customer's decision to withdraw.

Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) for their return to the market in new condition, accompanied by the invoice.

Damaged, soiled or incomplete products are not taken back.

the withdrawal form available on the website www.novathings.com, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the desire to retract.

In the case of exercising the right of withdrawal within the aforementioned period, only the price of the Products purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days (no more than 14 days) from the receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.

ARTICLE 8 – Seller’s Liability - Warranty

The Products sold on the website www.novathings.com comply with the regulations in force in France and have performance compatible with non-professional uses.

The Products supplied by the Seller are automatically entitled to and without additional payment, irrespective of the right of withdrawal, in accordance with the legal provisions,

- the legal guarantee of conformity, for Products apparently defective, damaged or that do not correspond to the order,

- the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use,

under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

 

It is reminded that in the context of the legal guarantee of conformity, the Customer:

- has a period of two years from delivery of the property to act against the Seller;

 

-     may choose between the repair or replacement of the ordered Product, subject to the cost conditions provided by Article L 217-9 of the Consumer Code;

 

-     is exempted from reporting the proof of the lack of conformity of the Product during the 24 months following the delivery of the Product. For second-hand goods, this period is fixed at six months.


The legal guarantee of conformity applies regardless of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the guarantee against hidden defects Produced in accordance with Article 1641 of the Civil Code; in this case, he/she can choose between the resolution of the sale or a reduction of the selling price according to 1644 of the Civil Code.

In order to assert his/her rights, the Customer must inform the Seller, in writing, of the non-conformity or hidden defects of the Products within a maximum period of 3 days after the delivery of the Products within the deadlines set above and must return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions ...).

The Seller will refund, replace or have repaired Products or parts under warranty deemed non-compliant or defective.

The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of receipts.

Refunds of Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Seller's finding of lack of conformity or hidden defect.

The refund will be made as credit to the Customer's bank account or by a check sent to the Customer.

 

The Seller's liability can not be incurred in the following cases:

-                non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,

-                in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in case of normal wear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.

ARTICLE 9 - Informatiques et Libertés

Pursuant to Law 78-17 of January 6, 1978, it recalls that personal data requested the Customer are necessary for the processing of his/her order and the establishment of invoices included.

The data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the website www.novathings.com has been declared to the CNIL.

The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition regarding the information concerning him.

This right can be exercised under the conditions and according to the conditions defined on the website www.novathings.com.

ARTICLE 10 – Intellectual Property

The content of the website www.novathings.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute a forgery offense.

In addition, the Seller retains ownership of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, software, etc., made (even at the request of the Customer) for the provision of Services to the Customer. The Customer therefore, prohibits any reproduction or exploitation of such studies, drawings, models and prototypes, software, etc., without the written permission of the Seller, which may condition it to a financial counterparty.

 

ARTICLE 11 - Force majeure

The Parties shall not be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

The party observing the event must immediately inform the other party of its inability to perform its service and justify it. The suspension of the obligations can not in any case be a cause of responsibility for non-performance of the obligation in question, nor to induce the payment of damages and interests or penalties of delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary. Therefore, as soon as the cause of the suspension of their mutual obligations disappears, the parties will make every effort to resume as soon as possible the normal execution of their contractual obligations. For this purpose, the party prevented will notify the other of the resumption of his obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act.

ARTICLE 12 – Governing Law- Language.

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.

These General Terms of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would be valid in case of dispute.

ARTICLE 13 - Disputes

Tous les litiges auxquels les opérations d'achat et de vente conclues en application des présentes conditions générales de vente pourraient donner lieu, concernant tant leur validité, leur interprétation, leur exécution, leur résiliation, leurs conséquences et leurs suites et qui n'auraient pu être résolues entre le vendeur et le client seront soumis aux tribunaux compétents dans les conditions de droit commun.

Le Client est informé qu'il peut en tout état de cause recourir à une médiation conventionnelle, notamment auprès de la Commission de la médiation de la consommation (C. consom. art. L 612-1) ou auprès des instances de médiation sectorielles existantes, et dont les références figurent sur le site Internet www.novathings.com ou à tout mode alternatif de règlement des différends (conciliation, par exemple) en cas de contestation.

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give place, concerning their validity, their interpretation, their execution, their cancellation, their consequences and which could not have to be resolved between the seller and the customer will be submitted to the competent courts under common law conditions.

The Client is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of the consumption (C. consom., Art.L 612-1) or with the existing sectoral mediation bodies, and whose references appear on the website www.novathings.com or any alternative dispute resolution (conciliation, for example) in case of dispute.

ARTICLE 14 – Pre-contractual Information – Customer Acceptance

The fact for a person (or legal entity) to order on the website www.novathings.com implies full acceptance of these General Terms of Sale and obligation to the payment of the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be ineligible against the Seller.

ANNEXE I – PRoVISIONS RELATING TO LEGAL GUARANTEES

Article L217-4 Of the Consumer Code

The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. The seller will also respond to the lack of conformity resulting from the packaging, installation instructions or the installation when it was charged to the seller by the contract or was carried out under its responsibility.

Article L217-5 of the Consumer Code

  • Be fit for the expected use of a good and, where appropriate:
  • correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model, presenting the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or his representative, particularly in advertising or labeling
  • - Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee which was granted to him/her during the acquisition or the repair of a piece of movable property, a restoration covered by the guarantee, any period of immobilization of at least 7 days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the guarantee  in the case of the hidden defects of the good sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired the good or would have wanted a lower price if he/she had known.

Article 1648 Paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

ANNEXE II – Retraction form

This form must be completed and returned only if the Customer wishes to retract the order placed on www.novathings.com except exclusions or limitations to exercise the right of withdrawal according to the applicable Terms of Sale.

To the attention of:

NOVATHING SAS

After Sales Service

92 Avenue Ferdinand de Lesseps,
Zone Artisanale La Pile
13760 SAINT-CANNAT

  • Date of Order
  • Order Number : ...........................................................
  • Name of Customer : ...........................................................................
  • Address of Customer : .......................................................................

Signature of Customer