General Terms and Conditions of sale
1. Purpose
This contract for the sale of goods is concluded between the seller (hereinafter referred to as Nonoss – Morgane Parmentier) and a buyer (hereinafter referred to as the Customer), within the framework of a distance selling system.
2. Scope of application
2.1. These general terms and conditions of sale concern sales made by Morgane Parmentier on its website (www.nonoss.fr).
2.2. Any order placed with the Nonoss shop (Morgane Parmentier) entails express and unreserved acceptance of these general terms and conditions of sale.
2.3. Furthermore, the Customer declares that he/she is at least 18 years of age and has the legal capacity or is the holder of a parental or guardianship authorisation to place an order on the Nonoss.fr website.
2.4. These general terms and conditions of sale may be supplemented by special terms and conditions, stated on the medium before any transaction with the Customer.
3. Applicable law
3.1. The present general terms and conditions of sale as well as the price lists are expressly agreed and accepted by the Customer, who declares and acknowledges having perfect knowledge of them, and thus renounces the right to rely on any contradictory document and, in particular, his own general terms and conditions of purchase, the act of purchase entailing acceptance of the present general terms and conditions of sale.
3.2. The present conditions may be modified at any time without prior notice.
4. The Seller
This offer is proposed by the painter Nonoss
Nonoss – Morgane Parmentier
Domicile 10000 TROYES
SIRET number: 88210324500016
Customer service : nonoss.art@gmail.com
5. Prices and delivery costs
5.1. The prices indicated on the website, by e-mail or during the various Nonoss advertising operations are given without obligation and may be modified in the event of a product update. The prices, established net in euros (VAT not applicable: article 293B of the general tax code), are those in force at the time of the order. If, for any reason whatsoever, an erroneous price is indicated to the customer at the time of ordering, only the current price will prevail; in this case, the customer will have the option of cancelling the order.
5.2. Once the order has been accepted by Nonoss (see 6.3.),
5.3. The prices indicated do not include the cost of packaging or postage for delivery abroad. These will be added at the time of ordering. The prices are those in force for registered mail or against signature of the Post Office or other carriers such as Fedex/TNT, DHL, UPS.
5.4. For deliveries abroad, a fixed price for postage is added to the amount of the order. The price of this flat rate is clearly mentioned during the Customer’s order process.
For paintings shipped outside the European Union, customs or import taxes or VAT may be payable. These duties and sums are not the responsibility of Nonoss (Morgane Parmentier). They will be borne by the Client and are the Client’s entire responsibility both in terms of declarations and payments to the authorities and competent bodies of the country concerned.
6. Order
6.1. The order from the website is only valid for billing and delivery addresses located in the countries indicated on the order form.
6.2. Nonoss will send a confirmation e-mail to the Customer immediately after the order has been entered. This confirmation includes the order number, the order specifications, the total amount of the order, the billing and delivery addresses.
6.3. The order is accepted by Nonoss when it has been confirmed by the Customer on the website and the payment has been validated by Nonoss.
6.4. In the case of payment by credit card, validation of the payment means that our banking partner has confirmed the payment.
6.5. The articles will only be dispatched once Nonoss has accepted the order.
7. Cancellation
Nonoss (Morgane Parmentier) reserves the right not to register a payment and therefore not to accept an order for any reason whatsoever, in particular due to a supply or delivery problem foreseeable at the time of the order.
The Customer will be informed of this by e-mail – sent to the e-mail address he/she entered when creating his/her account on the Nonoss.fr website – within seven working days of the order. The non-execution or partial execution of an order shall not give rise to any right to compensation. In such a case, no payment will be collected by Nonoss.
8. Terms of payment
8.1. Payment shall be made in full when the order is placed, in cash, without discount and at the net price in euros only.
8.2. Several payment methods are available:
– By Stripe credit card. The transaction is then managed on the server of our banking partner. You will have to indicate your card number, as well as its validity date and the last three digits of the visual cryptogram on the back of the card. The data is encrypted and transmitted by a secure protocol according to the SSL protocol. Payment is instantaneous and secure via the Stripe website.
In case of payment via Stripe, Stripe’s general terms and conditions of use apply.
– Via our partner Paypal. The transaction is then managed on our partner’s server. The data is encrypted and transmitted via a secure protocol using SSL. Payment is instantaneous and secure via the Paypal site.
8.3. Bank charges related to the payment by the use of one or other of these means of payment are charged to the Customer.
8.4. For all types of payments, unless specified in the general terms and conditions of the payment platform used, in the event of late payment by the Customer, the interest rate for late payment penalties shall be calculated on the refinancing rate applied by the European Central Bank, increased by 10 points. The reference to this interest rate is taken from Article L 441-6, paragraph 8 of the French Commercial Code as amended by Law No. 2008-776 of 4 August 2008. It shall be applied without any reminder from the Seller. The late payment penalties shall be payable the day after the payment date shown on the invoice and until the day on which the funds are made available to the Seller by the Customer (Article L 441-3 of the French Commercial Code).
9. Collection of payments
9.1. The Customer’s bank card shall be debited in euros at the time of the order.
9.2 In the event of any payment incident whatsoever, Nonoss reserves the right to suspend current orders and to refuse to honour any new order until full payment of the sums due.
10. Rights to the work and intellectual property
10.1. All elements appearing on the site are protected by copyright, trademark law and all other intellectual property rights. No reproduction and/or adaptation may be made without the permission of Nonoss (Morgane Parmentier).
The photos of paintings, texts, graphics and logos contained on this site are the exclusive property of the painter Nonoss and constitute intellectual works protected by articles L.111-1 and following of the intellectual property code.
You may, via your web browser, view the elements for personal and private use only (as defined in article L 122-5, 2° paragraph of the Code of Intellectual and Artistic Property).
10.2. Any other use or public distribution than those expressed above is strictly forbidden, except after having obtained the prior written agreement of Nonoss (address above). This prohibition applies in particular to the reproduction of all or part of the tables or to the extraction of elements from the databases used and presented by the nonoss.fr site.
Without prior written request, the public distribution of a reproduction or copy of the tables (via blogs, Facebook, or other web community platforms) is liable to legal action. The fact of quoting the name of Nonoss or Morgane Parmentier is not sufficient to give permission for distribution or publication.
10.3. The user undertakes to use this information for personal purposes only. Any other use is strictly forbidden. This information is given as an indication. Nonoss (Morgane Parmentier) cannot be held responsible for any error, omission, misuse or damage, whether direct or indirect, resulting from the use of information contained on this site. The user is solely responsible for the use of any information.
The nonoss.fr website is only an intermediary between you and the works presented on the site. Consequently, we cannot guarantee the availability of each painting. Please contact us for a request of the paintings available for sale.
10.4. Sanctions
The use of all or part of the site, in particular by downloading, reproduction, transmission, screen capture, representation or distribution for purposes other than for the personal and private use of the Internet user is strictly prohibited.
The violation of these provisions subjects its author to the sanctions provided for both by the Intellectual Property Code, in particular with regard to copyright infringement (Article L.335-3), trademark rights (Article L.716-9) and by the Civil Code with regard to civil liability (Article 9, Articles 1382 et seq.).
By using this site, you implicitly accept the conditions of use described on this page, without prejudice to any recourse of a contractual and/or tortious nature that may be exercised by www.nonoss.fr. Any dispute relating to the interpretation or execution of a contractual commitment provided for in the texts of this site will be under the exclusive jurisdiction of the French courts applying French law.
The links indicated on this site are given as an indication, Nonoss cannot therefore be held responsible for their content.
The graphics and animations on the site remain the property of Nonoss (Morgane Parmentier) and are subject to copyright and intellectual property rights. The site is created and produced by Morgane Parmentier.
11. Delivery
11.1. Nonoss undertakes, in the event of acceptance of an order, to sell and dispatch to the address indicated by the Customer the products chosen by the Customer at the time of the order within a maximum period of four weeks.
11.2. To this period must be added the delivery time of the carrier.
Packages are sent by our carriers, the Post Office or other carriers such as Fedex/TNT, UPS, DHL, etc. The delivery times are those indicated by our carriers. Nonoss can in no way be held responsible for delays in delivery. Possible delays in delivery do not entitle the buyer to claim damages.
11.3 Nonoss delivers to the delivery address indicated by the Customer when placing the order on the Nonoss.fr website. The information given by the Customer when placing the order is binding on the Customer: in the event of an error in the address of the recipient, Nonoss cannot be held responsible for the impossibility of delivering the product.
11.4. The goods sold travel at the risk of the Customer, who is responsible for checking the conformity and the number of shipments received and, if necessary, for taking action against the carrier, particularly in the case of damage, substitution or shortage, in accordance with articles 105 and following of the French Commercial Code.
11.5. The customer must check the conformity of the goods delivered at the time of delivery and before signing the carrier’s delivery note. In the event of a dispute at the time of delivery of the package, the addressee shall express reservations to the carrier on the delivery note. This dispute must be declared by means of a letter with acknowledgement of receipt addressed to Morgane Parmentier, within 48 hours (working days).
11.6 In the event of non-delivery of an order or part of an order, the Customer has a maximum of three months from the date of dispatch to contact Nonoss. After this period, Nonoss will not accept any complaints.
12. Transfer of ownership
The seller retains full ownership of the products sold until full payment of the amount of the order. However, upon delivery, the risks of loss or deterioration are transferred to the buyer.
13. Withdrawal
Buyers, non-professional individuals, have a withdrawal period of fourteen days from the delivery of their order to return the product to the seller for exchange or reimbursement without penalty, except for the cost of return.
14. Guarantee
The Customer benefits from the provisions of the legal guarantee of hidden defects provided for in articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it may be returned to the seller who will take it back, exchange it or reimburse it. All claims, requests for exchange or reimbursement must be made by e-mail to the following address: nonoss.art@gmail.com within thirty days of delivery.
The products sold on the Nonoss website are not subject to any additional guarantee by Nonoss. They will not be returned or exchanged.
15. Confidentiality
15.1 Nonoss treats all information concerning the Customer with the strictest confidentiality. When making purchases, Nonoss will only ask the Customer for the necessary information (surname, first name, address, e-mail address, telephone number), and will not use the information provided by the Customer for any purpose other than the proper processing and follow-up of the order.
15.2. This site is declared to the Commission Nationale Informatique et Libertés (CNIL) and complies with the provisions of Law 78-17 of 6 January 1978 on information technology, files and freedoms. In application of law n°78-17 of 6 January 1978, you have the right to oppose, access and rectify data concerning you.
16. Responsibility
16.1 In the absence of explicit written authorisation from Nonoss, Nonoss does not incur any liability, either to its Clients or to any third party whatsoever, for the distribution of products in its catalogue.
16.2. 16.2 Nonoss shall not be liable to compensate for any direct or indirect damage, of whatever nature, resulting from the use of the products.
16.3 In the absence of explicit written authorisation from Nonoss (Morgane Parmentier), the Customer is forbidden to resell the products sold by Nonoss. Under the same conditions, the Customer is forbidden to reproduce in any way whatsoever and on any medium whatsoever, notably digital, the visuals or images sold on the Nonoss site.
16.4. Any order placed by a Customer is for his/her personal use or for the personal use of the person in whose name the delivery is to be made. In the latter case, the Customer guarantees the personal acceptance of these General Terms and Conditions of Sale by the recipient of the delivery.
17. Force majeure
Strikes, civil or foreign war, riots, acts of terrorism, total or partial destruction of premises or other, disturbances in transport, supply difficulties, customs measures of any nature or origin whatsoever, or any other fortuitous event which prevents or delays totally or partially the performance of the obligations of Nonoss, shall be considered as cases of force majeure which release Nonoss from any obligation to honour the Customer’s order.
18 – Mediation
The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In the event of a complaint by one or both parties, they undertake to seek an amicable solution together prior to any legal action. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the consumer/buyer may refer the matter to the consumer mediator at https://www.economie.gouv.fr/mediation-conso. After a prior written request from the buyer to the site www.nonoss.fr, the mediator’s service may be contacted for any consumer dispute for which a settlement has not been reached. The seller may also submit any complaints to the dispute resolution platform put online by the European Commission at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. The European Commission will transfer the buyer’s/consumer’s complaint to the notified competent national mediators. In the event that no agreement or mediation is possible, the parties may refer the dispute to the competent courts. Unless otherwise provided by law, in the event of a dispute and in the absence of an amicable solution, jurisdiction is expressly attributed to the courts of Troyes, notwithstanding multiple defendants or third party claims, even for emergency procedures or for protective procedures, in summary proceedings or by petition.
19. Disputes
19.1. The conditions of sale are governed by French law. In the event of a dispute arising from the present contractual relationship, the parties undertake to seek an amicable solution before taking any legal action.
19.2 In the event of a dispute, the Tribunal de Grande Instance de Troyes shall have sole jurisdiction.
