GENERAL TERMS AND CONDITIONS

The website www.nousparis.com (hereinafter referred to as “the Site”), is edited by the company JOSEPHINE P., EURL (oneperson limited liability undertaking) with a share capital of € 25 000, where the head office is located 162 boulevard du Montparnasse, 75014, Paris, and registered with the CRN of Paris (RCS de Paris); 807 952 080.

These Terms and Conditions are intended to define the rules applicable in the context of the sale of products sold on the website www.nousparis.com (hereafter “the Product(s)”).

Between

The company JOSEPHINE P. (hereinafter referred to as “JOSEPHINE P.”),

EURL (oneperson limited liability undertaking) with a share capital of € 25 000, where the head office is located 162 boulevard du Montparnasse, 75014, Paris, and registered with the CRN of Paris (RCS de Paris); 807 952 080. N° TVA : FR76807952080.

And

All non-trading individuals, having the juridical capacity to enter into a contract, exclusively residing in the countries where deliveries are made by www.nousparis.com (hereinafter referred to as “the Customer”) and carries out a purchase of a Product on the Site.

For the purposes hereof, it is agreed that the Customer and JOSEPHINE P. will collectively be called the “Parties” and individually the “Party”.These general conditions, (hereinafter referred to as the “General Terms and Conditions for Sales”), governs unrestricted sales of the Products carried out by JOSEPHINE P. from the Site.

JOSEPHINE P. reserves the right to change at any given moment the present General Terms and Conditions for Sales by publishing a new version on the Site. The General Terms and Conditions for Sales applied are those that are in effect on the Site on the date that the Customer places an order; understanding that any order of a Product placed on the Site, binds the Customer to the General Terms and Conditions for sales in force at the time when the order is placed.

ARTICLE 1 • OBJECT

These General Terms and Conditions for Sales are intended to define the conditions under which the Products are marketed by JOSEPHINE P. to the Customer. They deal with the different steps in the sales progress: from the moment the Customer places his order, up to the delivery to the Customer.

ARTICLE 2 • PRODUCTS

Products offered for sale by JOSEPHINE P. are those listed on the Website the day of their consultation by the Customer; it being understood that the photographs illustrating the products are not contractual. Each product will be a description, which, in addition to photography, includes: price, photography, size or dimensions and colors avalaible, compositions and possible special features. Small differences may exist between the product and its photography, depending on the screen resolution and the definition of colors of the screen of the computer of the user.

JOSEPHINE P. is committed to delivering products that meet the applicable regulations relating to safety and health in accordance to the European clauses, and in particular the legislation on chemical regulations.

JOSEPHINE P. however indicates that the majority of the “nousparis” products follow handcrafted manufacturing processes, which can cause discoloration and deformations which can not be considered as defects.

ARTICLE 3 • PRICE

The prices are indicated in euros, tax included and delivery costs excluded; understanding that the value added tax is that which is in force on the French metropolitan territory on the day that the order is validated.

The prices applied are those given on the Site and confirmed when the Customer confirms his order.

The delivery costs are shown on the order summary before the Customer confirms the latter and includes all taxes. These costs are at the expense of the Customer and are invoiced in addition to the sale price of the Products.

The transfer of risk for loss and damage to the Products will be made after delivery and receipt of the Products by the Customer.

We reserve the right to modify our prices at any moment but will apply the current rates as indicated to you on the site at the time the order was placed.

We would like to inform you that if an obviously incorrect price appears on our website (a price that is clearly too low, for example), and for whatever reason (IT bug, human error, technical error etc.), your order will be cancelled, even if it has been initially validated.

ARTICLE 4 • ORDER AND PAYMENT OF THE PRODUCTS

4.1 PLACING AN ORDER

The Customer completes his order by filling in the following 5 steps :

Step 1: The Customer selects the chosen Products and adds them to the shopping basket after having selected, if appropriate, the desired size and colour. The basket at the top and to the right of the screen shows the Customer that it has taken into account his selection by indicating the number of Products it contains.

Step 2: The Customer may check the contents of his basket by clicking on “order” to have access to the summary of his order. The Customer may change his order (Product, size, quantity).

Step 3: Once the order has been checked and, if necessary, changed, the Customer validates his basket in order to finalise his order by re-clicking on “order”.

If the Customer has a promotion code, reserved for best Customers, he must enter it in the space provided, in order to take advantage of this promotion.

Step 4: Input by the Customer for delivery and billing details.

Apart from the date of birth, address and delivery information, it is necessary that all the fields are filled in for the finalisation of the order; understanding that unless the Customer gives different instructions, the billing address will automatically be the same address for the delivery.

According to the delivery address, the total amount of the order, taxes included, are shown in the summary and are distinguished by the price of the Products and the delivery costs .

If the Customer has previously ordered on the Site, then he has a Customer account. If this is the case, he may identify himself using only his email address and password. The Customer then checks all the information and clicks on “validate” for the follow up of his order.

Step 5: Input of banking details.

The Customer then accesses the screen for secure payment with the partner of JOSEPHINE P. as specified in article 4.3 below. Payment carried out online is uniquely paid by credit card (Visa, Mastercard, Carte Bleue or Paypal). The Customer must enter his credit card number, the validity date, as well as the 3 visual cryptogram numbers found on the reverse side of the card, understanding that in the case of payment with an American Express card, the Customer must enter 4 numbers. If the payment is accepted, the Customer will be redirected to the screen where the order is confirmed on the Site.

In the case where the payment fails, the Customer will have up to 3 attempts to re-enter his banking details. After the 3rd attempt, the Customer will be redirected to a screen on the Site that shows the refusal for payment. The Customer will be invited to contact the Customer service of JOSEPHINE P. to find out the reason for the non payment, and to find a solution to finalise the order.

4.2 CONFIRMATION OF THE ORDER

As soon as the payment is accepted, the Customer will receive an email confirming his order, summarising the articles ordered, the billing and delivery address as well as the delivery date.

The validation of the order by the Customer and the confirmation of the order is sent to the Customer by email by JOSEPHINE P., following the payment being accepted and concludes a sales contract between the Parties and acceptance of the General Terms and Conditions for Sales.

The Customer having placed an order has the possibility to print his invoice by connecting to the follow-up of orders space provided for on the Site.

JOSEPHINE P. reserves the right to not validate an order in the case of :

abnormal or abusive claims,
abnormal orders with regards to the quantities ordered,
abnormal or abusive exchanges or returns,
existing litigation with the Customer.

The www.nousparis.com Customer service is available for all questions relating to the Customers order. The Customer service is available by email (bonjour@nousparis.com), and by telephone +33 (0)6 63 41 91 73, Monday to Friday from 9am to 7pm (Time Zone GMT + 1 hour excluding Public Holidays in France).

4.3 PAYMENT

The price of the Products purchased are payable in cash, in full on the day that the Customer places the order. The payment is carried out online with a bank card (credit card, Visa) or Paypal at the time when the order is confirmed by the Customer.

The request for a direct debit on the card is carried out the moment that the order is validated on the site, except if the servers are unavailable. JOSEPHINE P. reserves the right to carry out a new request for a direct debit in the case where the first request was not successful due to the unavailability of the servers.
In the case of non-payment, an incorrect address or any other problem with the Customers account, JOSEPHINE P. reserves the right to block the Customers order until the problem is resolved. In the case of fraudulent use of his credit card on the Site, the Customer is invited to contact JOSEPHINE P. at the following number: +33 (0)6 63 41 91 73, Monday to Friday from 9am to 7pm (Time Zone GMT + 1 hour excluding Public Holidays in France) or by email at the following address: bonjour@nousparis.com

The transactions carried out on the Site are secured by the payment partner of JOSEPHINE P., the company SYSTEMPAY.

All information exchanged to process the payment is encrypted thanks to the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by a third party. At no time does the financial data of the Customer pass through the computer system of JOSEPHINE P.. SYSTEMPAY verifies that the connection with the Customers navigator is secured before sending the payment form to the banking institution that carries out the financial transaction. SYSTEMPAY is a technical service, and does not deal with litigations linked to the orders which are processed directly by JOSEPHINE P. as specified above or if need be with the Customers bank.

4.4 FILING OF AN ORDER

The confirmation of an order is registered on the records of JOSEPHINE P., which are stored on a reliable and sustainable support. The Customer accepts that the confirmation of an order is considered to be proof of the contractual relationship between the Parties.

ARTICLE 5 • DELIVERY

JOSEPHINE P. commits to do its best to deliver the orders within the delay indicated in the confirmation order.

All orders registered on the Site, Monday to Friday before 15h00 will be processed the same day; after 15h00, they will be processed the next day. All orders placed on Friday after 15h00, on Saturday and Sunday will be processed the following Monday; understanding that orders placed on bank holidays will be processed the next working day.

In the case of a late delivery, the Customer will be informed by email as soon as possible. He will also be updated by email with the new delivery delays.
For orders outside of France, when the exported package reaches its destination, the recipient must pay the taxes or customs duty that apply to the country of destination. Local authorities can provide this information.

ARTICLE 6 • RECEIPT OF THE ORDER – CLAIMS – RETURNS

The Customer is responsible for checking the conformity of the Products received pursuant to the order when delivered. All abnormalities concerning the delivery such as:

damaged package,
missing products,
damaged products
products non compliant to the order,

must be addressed within legal delay after receipt of order.

This notification will be conveyed to the nous Customer service either :

By registered mail, or by writing to the following address:

JOSEPHINE P.
162 Bd du Montparnasse
75014 Paris
FRANCE

By email to bonjour@nousparis.com.

After this delay, and apart from hidden defects, no claim will be accepted by JOSEPHINE P., the Products are therefore considered to be conform.

To return non-conform products, the Customer must respect the following procedure:

The Customer must enclose in his package the return authorisation previously completed and printed with the help of the return form accessible from the Customer space – Section – “My Orders”. No return will be accepted without the aforementioned return authorisation duly completed.
Products must be returned in their original packaging, with labels and any accessories, in perfect condition to be sold again on the website to this address :

JOSEPHINE P.
162 Bd du Montparnasse
75014 Paris
FRANCE

In the case of an incomplete or damaged return, the refund will not be accepted.
The Customer is liable for the risks for the return of the Products.
No refund will be made for Products bought during sales period.

When the non-conformity is acknowledged, JOSEPHINE P.will propose to the Customer either:

The replacement of the Product/s, at the expense of JOSEPHINE P., or
The refunding of the order (Product price excluding delivery cost) as well as the expenses incurred for the return of the non-conform Product up to the rate chart (classic Colissimo delivery) displayed by Colissimo and Colissimo International as of March 1st of the year, within a delay of thirty (30) days from the date that the notification confirming the non-conformity was sent by the nousCustomer service.

In the case of a refund, JOSEPHINE P. assures to refund in full the non-compliant products returned, with the exception of the taxes and custom duty paid by the Customer for the delivery. In the case of abnormal or abusive claims, JOSEPHINE P. may refuse to accept future orders.

ARTICLE 7 • RIGHT OF WITHDRAWAL

The Customer has, within a period of fourteen (14) working days from the date of receipt of his order to return the Products, without any justification or penalty.

For all returns within the context of the right of withdrawal, the procedure below must be completely respected:

The Customer must enclose in his package the return authorisation previously completed and printed with the help of the return form accessible from the Customer space – Section – “My Orders”. No return will be accepted without the aforementioned return authorisation duly completed.
The Products must be returned in the original packaging, with their labels, and any accessories, in perfect condition to:

JOSEPHINE P.
162 Bd du Montparnasse
75014 Paris
FRANCE

The Customer is liable for the risks and costs for the return of the Products.

Subject to the conditions stated above, JOSEPHINE P. will refund the total amount of the order excluding delivery costs but including tax, to the Customer. The Customers bank account will be credited with the said amount, within thirty (30) days from the date when JOSEPHINE P. receives the Products.

ARTICLE 8 • LIMITATION OF LIABILITY

By ordering on the site implies that the operational procedures on the Internet are understood and accepted, in particular with regards to technical performance, response time, connection, queries or information transfer, deconnection risk, the risk of contamination by viruses circulating on the network and in general all the risks associated with the use of the Internet network.

JOSEPHINE P. can not in any way be held liable for any direct or indirect damage resulting from misuse or incidents related to the use of the computer, Internet access, maintenance or malfunctioning servers, telephone line or any other technical connection, and when a Customer connects to the Site he does this under his full responsibility.

ARTICLE 9 • FORCE MAJEURE

JOSEPHINE P. is not responsible for all or part of the non-performance of its obligations under the order placed by the Customer, if such a non-performance is caused by an event constituent of a force majeure such as that defined by positive law.

In such a case, JOSEPHINE P. will inform the Customer by email that such an event has occurred within a delay of three (3) days following this incident.

After a period of 1 (one) month, and in the event where the force majeure persists, the order will be cancelled and will be subject to a refund from JOSEPHINE P. on the credit card used for the payment of the order within a maximum 30 (thirty) days.

ARTICLE 10 • APPLICABLE LAW

If any of these General Terms and Conditions for Sales is found invalid, illegal or non-opposable by a court of law, the other provisions of these General Terms and Conditions for Sales will remain in effect.

The General Terms and Conditions for Sales are performed and interpreted according to French law.

In the case of litigation the customer should first contact JOSEPHINE P. to find an amicable solution and failing this, the common law courts have exclusive jurisdiction.