General Sales Conditions
neobulle.fr <\/span>(hereinafter referred to as the “Site”) is published by Atelier Bulle, a simplified joint-stock company with a capital of 30,000 euros, registered with the R.C.S. of Saint-Etienne under number 502 578 123, intra-community VAT number FR40502578123, whose registered office is located at ZAC de la Gravoux, 1 route du Cros, 42 380 Saint-Bonnet-Le-Château (hereinafter referred to as “Neobulle”). <\/p>
All orders placed on the neobulle.fr website are subject to these general sales conditions (excluding any other orders on other websites or points of sale). Neobulle reserves the right to adapt or modify these at any time, the version of the general sales conditions applicable to any transaction being the one posted online on www.neobulle.fr at the time of the order.<\/span><\/p>
The customer declares to be an individual, at least 18 years old, and to have the legal capacity or to hold parental authorization allowing them to place an order on the Site (the “Customer”). When registering the Customer’s personal data in the “my account” section, the latter must ensure the accuracy and completeness of the mandatory information provided. In case of error in the recipient’s contact details, Neobulle cannot be held responsible for the impossibility of delivering the product. Neobulle reserves the right to cancel any order when the Customer’s IP address is located in a country different from the billing and/or delivery address.<\/p>
The products offered for sale are those described on the Site. Neobulle takes great care in presenting and describing these products to best satisfy the Customer’s information. However, it is possible that non-substantial errors may appear on the Site, which the customer acknowledges and accepts. In any case, if the delivered product does not conform to its description on the Site, the Customer may either exercise their right of withdrawal or invoke Neobulle’s conformity warranty, which will proceed, if applicable, either with an exchange or a refund of the price (in whole or in part) possibly charged (see Articles VI and VII)<\/p>
Placing an order on the Site is subject to compliance with the procedure established by Neobulle, consisting of a series of steps that the customer must necessarily follow to validate their order. Before definitively confirming the order, the customer will have the opportunity to verify the details and total price of the order, and correct any errors, before confirming it to express their acceptance. Any order confirmed by the Customer constitutes a sales contract and acceptance of all the provisions of these conditions.<\/p>
Neobulle will refuse any order from a Customer with whom there is a dispute or incident related to the payment of a previous order or that would violate the provisions of these conditions.<\/p>
In this case, Neobulle will inform the Customer by email. Failing this, the Customer must correct the erroneous or non-compliant elements with Neobulle; otherwise, Neobulle reserves the right not to process the order.<\/p>
A confirmation email summarizing the order (products, price, product availability, quantity, etc.) will be sent to the customer by Neobulle. By doing so, the Customer explicitly agrees to the use of email for Neobulle’s confirmation of the content of their order. Invoices are sent by email. 1. Price Determination Product prices (referring to an agricultural or well-being item) are listed in euros, all taxes included, excluding shipping costs. The total order price (including all taxes and shipping fees) is displayed in the shopping cart. Néobulle reserves the right to modify its prices at any time, but products will be billed based on the rates in effect at the time of order placement, subject to availability. 2. Payment Methods Products are payable in full on the day the order is placed. Payment for purchases can be made either by: Bank check In case of payment by bank check, it must be issued by a bank based in metropolitan France. The check is cashed upon receipt at the following address: Néobulle - 1 route du Cros, Zac de la Gravoux - 42380 Saint Bonnet le Château - France Bank card The Customer accesses a dedicated space provided by a banking institution, which ensures the security and recording of the payment order. In this regard, the Customer expressly acknowledges that communicating their bank card number to Néobulle constitutes authorization to debit their account up to the amount of the ordered products. By Paypal® The data recorded and stored by Néobulle constitutes proof of the order and all transactions made. The data recorded by the payment system constitutes proof of financial transactions. For 3x and 4x payments with Oney Bank Delivery is made to the delivery address provided by the customer, noting that this must be the customer's residence address or another physical person’s address of their choice, located in metropolitan France. Delivery cannot be made to hotels or P.O. boxes. To ensure these deadlines are met, the customer must ensure that accurate and complete delivery information has been provided (such as street number, building, staircase, access codes, intercom names and/or numbers, etc.). The indicated deadlines are indicative, corresponding to average processing and delivery times. Néobulle cannot be held responsible for consequences due to a delivery delay not caused by its fault. In case of damaged parcels (already opened, missing products, etc.), the Customer agrees to notify the carrier and Néobulle, by any means, of all reservations within 3 days of receiving the product. A packaging and shipping fee participation: Parcels will be sent via tracked Colissimo or DPD. The total amount of the order, including all fees, will be communicated to the Customer at the end of the ordering process: In metropolitan France: - DPD or Colissimo, relay point delivery within 24/48 hours: €4.90 - Colissimo without signature, delivered within 48/72 hours to your home: €4.90 If the total order amount is equal to or greater than €49 including tax: - Free shipping to DPD relay points (excluding Chronopost shipments in metropolitan France). - Home delivery with Colissimo without signature within 48/72 hours: €4.90 If the total order amount is equal to or greater than €79 including tax: - Free shipping to DPD relay points (excluding Chronopost shipments in metropolitan France). Shipping via Chronopost). - Free shipping with Colissimo home delivery without signature within 48h/72 In overseas France: 21 euros In the European Union (« EU »): 10.90€ Outside Europe (EU): 14.5 euros Other countries: 21 euros Customs duties payable by the Customer may be added to the prices and shipping costs The contractual warranty conditions for each product and the after-sales service conditions are, if applicable, communicated in writing with the delivered product. The contractual warranty, if granted, for the products adds to the warranties provided by articles 1641 and following of the Civil Code which specify the rules relating to the warranty against hidden defects and by articles L.217-4 and following of the Consumer Code which specify the rules relating to the legal conformity warranty: The consumer has a period of two years from the delivery of the good to invoke the legal conformity warranty in case of non-conformity. During this period, the consumer only needs to establish the existence of the non-conformity and not the date of its appearance. When the sale contract of the good provides for the continuous provision of digital content or a digital service for a period longer than two years, the legal warranty applies to this digital content or digital service throughout the provision period. During this period, the consumer only needs to establish the existence of the non-conformity affecting the digital content or digital service and not the date of its appearance. The legal conformity warranty obliges the professional, if necessary, to provide all necessary updates to maintain the conformity of the good. The legal conformity warranty gives the consumer the right to repair or replace the good within thirty days of their request, free of charge and without major inconvenience to them. If the good is repaired under the legal conformity warranty, the consumer benefits from a six-month extension of the initial warranty. If the consumer requests the repair of the good but the seller imposes replacement, the legal conformity warranty is renewed for a period of two years from the date of replacement of the good. The consumer can obtain a price reduction by keeping the good or terminate the contract with a full refund upon return of the good, if : 1° The professional refuses to repair or replace the good; 2° The repair or replacement occurs after a thirty-day period; 3° The repair or replacement causes major inconvenience for the consumer, especially if the consumer bears permanently the costs of return or removal of the non-conforming good, or if they bear the costs of installation of the repaired or replaced good; 4° The non-conformity persists despite the seller's attempt to remedy it, which remains unsuccessful. The consumer also has the right to a price reduction or contract termination when the non-conformity is so severe that immediate reduction or termination is justified. In such cases, the consumer is not required to request repair or replacement beforehand. The consumer does not have the right to terminate the sale if the non-conformity is minor. Any period during which the good is immobilized for repair or replacement suspends the warranty. still had to run until the delivery of the restored property. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code. The seller who in bad faith obstructs the implementation of the legal conformity warranty faces a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (article L. 241-5 of the Consumer Code). The consumer also benefits from the legal warranty against hidden defects in accordance with articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the item is kept or a full refund upon return of the item. The non-professional Customer has, in accordance with the provisions of article L 221-18 of the Consumer Code, a withdrawal period of 14 working days from the receipt of the ordered product to return it to the Seller for exchange or refund, provided that the products are returned in their original packaging with the warranty card (traceability), the manual, in perfect condition, unused and unwashed. Damaged, soiled, or incomplete items are not accepted for return. The Customer may use the withdrawal form template below. No response from Nébulle is necessary before returning the order. The return costs will be solely borne by the Customer. The exchange (subject to availability) or the refund will be made within 30 days from the receipt, by the Seller, of the items returned by the Customer. Return address: Nébulle - 1 route du Cros, Zac de la Gravoux - 42380 Saint Bonnet le Château - France Nébulle will reimburse the Customer for any amounts already paid, minus any shipping fees, under the conditions set out in article VII below. WITHDRAWAL FORM TEMPLATE By mail, addressed to SAS Nébulle, ZAC de la Gravoux, 1 route du Cros, 42380 Saint-Bonnet-Le-Château, and/or by email: service.client@neobulle.com I hereby notify you of my withdrawal from the contract concerning the sale of the item below: Ordered on (*) / received on (*) : Order number: Consumer's name: Consumer's email address: Consumer's phone number: Consumer's signature (only if this form is notified on paper): Date: (*) Cross out what does not apply. Refunds of all amounts paid, including delivery charges, for products in the cases referred to in articles II and VII will be made by Nébulle within a maximum period of 14 days from the date of receipt by Nébulle of the said products. The refund will be made using the same payment method as that used by the Customer for the initial transaction, unless the Customer expressly agrees to use another payment method or a gift card. Nébulle is not obliged to reimburse delivery costs if the Customer explicitly chose a more expensive delivery method than the standard delivery offered by Nébulle. Any order automatically implies the Customer's adherence to the general sales conditions. These general sales conditions are governed by French law. In case of difficulty or complaint regarding an order, the Customer can contact Nébulle Customer Service to find a solution. amiable : service.client@neobulle.com In case of a dispute that may arise between Neobulle and the Customer during the execution or interpretation of these general conditions of sale, the Customer will have the possibility, before any legal action, to seek an amicable solution and to consult the consumer mediator to whom Neobulle belongs. To submit a dispute to the mediator, the consumer mediation center of justice conciliators (CM2C), the Customer can fill out the form on the mediator's website (https://www.cm2c.net/declarer-un-litige.php) or send their request by simple or registered mail to: CM2C, 49 Rue de Ponthieu, 75008 Paris or send an email to m2c@cm2c.net. Whatever the means used to contact the mediator, the Customer's request must include the following elements to be processed quickly: their postal and email address, their telephone contact details, as well as the full name and address of Neobulle (listed at the beginning of these GTC), a brief statement of the facts, and the steps taken by the Customer with Neobulle prior to contacting the mediator. Furthermore, the European Commission provides an online dispute resolution platform (ODR) for contracts of sale or online service between a consumer residing in the European Union and a professional established in the European Union. This platform is accessible at: https://webgate.ec.europa.eu/odr/. The Customer must file their request with the mediator within a period of less than one (1) year from their written complaint to Neobulle. The mediation clause only applies when the user acts in a non-professional capacity. Resorting to mediation is an alternative mechanism that does not constitute a prerequisite for legal action. The Customer remains free to initiate, accept, or refuse mediation. In case of mediation, the parties are free to accept or refuse the mediator's proposed solution. If the mediation process fails, any dispute will be brought before the competent French courts. The information collected by Neobulle during a customer's order is necessary for transaction management and may be communicated in whole or in part to Neobulle's service providers involved in executing the order. The customer is informed that this personal data may also be collected by an organization responsible for analyzing orders and combating credit card fraud. In accordance with the Data Protection Act No. 78-17 of January 6, 1978, the customer has the right to access, rectify, oppose, and delete their data. All information relating to the protection of the Customer's personal data is gathered in the document entitled "privacy policy". In accordance with the provisions of Law No. 2020-105 on Anti-waste and Circular Economy of February 10, 2020, Neobulle's unique identifier with respect to eco-organizations is as follows: ADEME and LEKO for Household Packaging and Graphic Papers (EMPG): FR238309_01JDWK.I. THE CUSTOMER
II. THE PRODUCTS
III. THE ORDER
IV. PRICES AND PAYMENT METHODS
V. DELIVERY
VI. WARRANTIES
VII. RIGHT OF WITHDRAWAL
VIII. REFUND
IX. DISPUTES AND APPLICABLE LAW
X. DATA PROTECTION AND PRIVACY
XI. UNIQUE IDENTIFIERS