GENERAL CONDITIONS AND TERMS OF SALES
ARTICLE 1 – SCOPE OF APPLICATION
These general conditions of sale govern the online sale of products on the website www.namsaa.fr. They are concluded between our company whose trade name is NAMSAA, registered under the following SIRET number: 84221636800014, whose registered office is located at 55 avenue du 8 mai 1945, 93420 Villepinte, France, hereinafter referred to as "NAMSAA", and the buyer, hereinafter referred to as "Client" or "Buyer".
Any order on our site www.namsaa.fr (hereinafter referred to as the "Site") necessarily assumes the Customer's knowledge of these general conditions of sale, prior to the order, and the unreserved acceptance by the Client of all of their content. The validation of the order by the Customer therefore implies unreserved acceptance of these general conditions. NAMSAA reserves the right to modify at any time and without notice the terms, conditions and mentions of these general conditions of sale and use and the legal notices. These modifications are considered as accepted without reservation as soon as the customer accesses the site, after it has been put online. The general conditions of sale applicable to the Customer are those in force on the Site, which he has validated by clicking when ordering. These contractual provisions are only applicable to products delivered and invoiced to Customers established in metropolitan France.
The offers that NAMSAA presents on the general eshop are aimed at individuals. Any sample or product is intended for personal use. Customer agrees not to sell or resell any NAMSAA products or samples that you purchase or receive.
ARTICLE 2 – PRODUCTS AND CERTIFICATION
The products offered for sale are those appearing on the Site on the day of its consultation, within the limit of available stocks. All the plants and products sold on www.namsaa.fr come from organic farming and are certified by our inspection body ECOCERT France 32600 L'ISLE JOURDAIN.
ARTICLE 3 – PRICES
The prices of the products are indicated in euros and excluding tax. These prices are firm and definitive during their period of validity, as indicated on the site. The selling prices of the products indicated on the Site do not include shipping costs. The shipping costs, invoiced in addition, are indicated before the final validation of the order, except in the case of free shipping costs, expressly mentioned when ordering. NAMSAA reserves the right to change its prices at any time. The current price is the one displayed on the Site at the time of validation of the order on the Site by the Customer.
ARTICLE 4 – ORDER
Orders are made by Internet, from the site www.namsaa.fr. The online sale of the products presented on the site is reserved for private customers. To place an order, the Customer must be at least 18 years old and have the legal capacity to place an order on the site.
A detailed description of the products is available for individual viewing of each of them on the site. To order the desired product(s), the customer must enter the product sheet of the items he wishes to buy by clicking on the photo, choose the desired packaging and quantity. Then the customer must click on "add to cart". Choices will automatically add to cart. At any time, the customer can check the contents of his basket by clicking at the top right on the icon of said basket.
During the first order, the Customer must first create his online account by providing the personal information required in the registration form and check that he accepts the general conditions of sale.
Once ordered the desired products, the customer must click on "order" in the summary of his order and proceed to secure payment.
The Customer must ensure the accuracy of the contact details he provides, and correct any input errors before validating the order. NAMSAA cannot be held responsible for any failure to deliver due to errors in entering information by the Customer. It is therefore up to the Customer to check, at the time of the order, the nature, number, size and price of the items chosen. NAMSAA submits these general conditions of sale to the Customer for approval, prior to placing the order.
4.2 Acceptance of the order
NAMSAA reserves the right to accept orders made over the Internet via its website within the limits of available stocks and in accordance with these conditions. Conversely, NAMSAA reserves the right to refuse an order, in particular in the event of: impossibility of implementing the method of payment retained for the payment of the order, in the event of orders not corresponding in terms of content or frequency to the needs of an individual, or in the event of an abnormal request or in bad faith.
4.3 Order Confirmation
The customer will receive by email a confirmation of his order after payment to specify that it has been registered and taken into account by NAMSAA. Any validated purchase order constitutes a final acceptance of the contract. At the end of the withdrawal period set out in article 11, the order becomes firm and final.
ARTICLE 5 – AVAILABILITY OF PRODUCTS
The availability of products in stock is mentioned on the online product sheets. Certain items are only stocked in limited quantities and the products are packaged according to the availability of plants from its suppliers. In the event of a temporary out of stock, NAMSAA undertakes to inform you by email as soon as possible. NAMSAA will communicate to the purchaser the lead times necessary to obtain the desired product or offer a replacement product of equivalent value. If a product is out of stock without a specific restocking period, NAMSAA will offer you a refund for the product ordered via the payment method used when ordering.
ARTICLE 6 – PAYMENT CONDITIONS
6.1 The payment of purchases is made in full on the day of the order by the customer and this by means of secure payment, according to the following methods: payment by credit card or by check. The card is debited at the time of order confirmation.
6.2 Securing payments: For payments made by credit card, NAMSAA has entrusted the security of its transactions to Stripe. Payments are secure thanks to the data encryption system. No banking data passes through the Site – said data remains confidential.
6.3 In accordance with the provisions of Article L.122-1 of the Consumer Code, NAMSAA is not required to deliver and reserves the right to refuse any order in the event of total or partial non-payment of an order or in the event of refusal of authorization of payment emanating from the banking organizations.
6.4 In the absence of payment for the products within the agreed deadlines, in addition to NAMSAA's right not to confirm and/or cancel the order, late payment penalties will apply automatically, without prior notice, from the due date scheduled for payment, equal to three times the legal rate of interest in force.
ARTICLE 7 – TRANSFER OF RISKS
Products travel at NAMSAA's own risk. The risks are transferred to the carrier at the time of transit of the products and to the customer only at the time of delivery of the products to the address indicated by the latter.
ARTICLE 8 – RECEPTION
Upon receipt of the products, it is the Customer's responsibility to open the package(s) (in the presence of the carrier if delivery with signature), in order to check the condition and conformity of the products with respect to their order. The Customer will formalize his acceptance of the delivery by signing the delivery slip provided by the carrier. NAMSAA guarantees that the products are in perfect condition when handed over to the carrier. In the event that the products received are damaged, the customer may refuse the package or make reservations in writing to the carrier upon delivery. These reservations must be confirmed by the Customer to the carrier, by registered letter with acknowledgment of receipt, within two (2) days, excluding public holidays, following delivery. Failing this, the vices or apparent defects will be purged and no claim by the Customer may relate to an apparent defect. The Customer must also inform NAMSAA's customer service, by email or by post, within three (3) days of delivery, of any defects or damage observed with the carrier, in order to preserve NAMSAA's rights vis-à-vis the carrier. If the procedure is respected, and if it is thus proven that the reservations are due to the fact that the package and the products are damaged, NAMSAA, will establish a refund to the customer of the price paid or will make a new delivery of similar products.
8.1. RETURN CONDITIONS AND REFUNDS
Pursuant to the provisions of Articles L.121-21 and the Consumer Code, you are entitled to a withdrawal period of 14 working days upon receipt of your order. After this period no return will be possible.
To exercise your right, you must return the product(s) to: Namsaa – Jessie Chansamone, 55 avenue du 8 mai 1945, 93420 Villepinte and notify us by email at email@example.com accompanied by proof of purchase and return postage in order to be able to open a file related to your refund.
Please note that the return costs as well as the risks incurred during the postal shipment (loss of the package, damaged product, etc.) are your responsibility.
Items returned damaged or incomplete will not be accepted or refunded to the Customer by Namsaa.
The Customer has the obligation to return the product(s) in good condition, unused, under conditions specific to its re-marketing.
Once the verification of the product has been carried out and if the criteria presented above are met, your request will be accepted and we will proceed as soon as possible to a full refund equivalent to the price of the product at the time of purchase on the means of payment. used during the latter.
For any product return exceeding a total sum of 75€, we advise you to use a tracked postage method. We remind you that we are not responsible for any loss or damage to the package during shipment.
ARTICLE 9 – WARRANTY
9.1 The Customer benefits from the legal guarantee of conformity and the guarantee against hidden defects, in accordance with articles L.211-1 to L.211-14 of the Consumer Code and 1641 to 1649 of the Civil Code. 9.1 Guarantee of conformity: NAMSAA is liable for defects in the conformity of the products sold. In the event of a lack of conformity, the Customer chooses between repair or replacement. However, if the repair is impossible, the product will be replaced, within one month following the date of the Customer's complaint. Minor defects are not covered by the guarantee of conformity. The action in guarantee of conformity is prescribed by one year from the delivery of the products to the Customer.
9.2 Guarantee against hidden defects: NAMSAA is bound by the guarantee for hidden defects of the thing sold, prior to the sale, which render it unfit for the use for which it is intended. The action must be carried out by the Customer within 6 months from the discovery of the defect.
ARTICLE 10 – RESPONSIBILITY
10.1 NAMSAA declines all responsibility for any allergies or improper handling or poor storage conditions. The site does not have a therapeutic aim. Indeed, plants are not medicines and should not be considered as such. The indications given are made available for information purposes and in no way replace medical advice.
10.2 NAMSAA cannot be held responsible for the non-performance of the contract concluded, in the event of a shortage of stock, force majeure (in particular flood, fire, strike by staff, postal services and/or means of transport or communication) or fault or error of the Customer in his choice of product or in the entry of his personal data during the order, of any interruption, malfunction or unavailability of access to the site, of any damage of any nature whatsoever resulting fraudulent intrusion by a third party leading to a modification of the information made available on the site.
NAMSAA declines all responsibility for damage resulting from misuse of the product by the Customer, failure to comply with the instructions and precautions for use of the product.
ARTICLE 11 – DISPUTES / APPLICABLE LAW
The rights and obligations of the parties are governed by French law, and in particular by the rules of distance selling (articles L. 121-16 to L. 121-20 of the Consumer Code), the law for confidence in the digital economy of June 21, 2004, the law relating to data processing, files and freedoms of January 6, 1978 and the rules relating to the mediation of consumer disputes (articles R.616-1 and following of the consumer code).
National or cross-border disputes which may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of any contract concluded under the conditions set out in the Conditions Terms of Sale and Use, may be subject to mediation at your request.
To this end, in the event of a dispute, in accordance with Article R.616-1 of the Consumer Code, you can make free use of the mediation service "LA MÉDIATION DU E-COMMERCE DE LA FEVAD", electronically: firstname.lastname@example.org or by post: The FEVAD e-commerce mediator service – 60 rue la Boétie – 75008 PARIS.
However, the dispute cannot be examined by the mediator if:
• you do not justify having first attempted to resolve the dispute directly with Namsaa by written complaint;
• the request is manifestly unfounded or abusive;
• the dispute has been previously examined or is being examined by another mediator or by a court;
• you submitted your request to the mediator within a period of more than one (1) year from the written complaint to Namsaa;
• the dispute does not fall within its jurisdiction.
Otherwise, only the French courts will be competent.