The company NIARAMY PRODUCTIONS, operating under the trade name "Niaramy", is a single-person simplified joint-stock company with a share capital of €1,000 whose head office is located at 23 rue Lamartine 91100 Corbeil-Essonnes, registered in the commercial register and companies of Evry under the number 910 903 57400010, and whose VAT number is FR 59910903574 (the "Company").
The Company's activity is the creation, manufacture, production and marketing of fashion items (clothing and accessories). The remote and electronic marketing of the aforementioned goods is ensured through the website https://www.niaramy-studio.com/fr/ on which all the products offered for sale online are listed.
Article 1 - Definitions
For the interpretation and execution of these General Terms and Conditions, the terms and expressions used will have the meaning given to them below:
- 1.1. "Item(s)": the item(s) covered by the Order, among the products offered for sale on the Site;
- 1.2. "Customer": any user of the Site who places an Order on the Site;
- 1.3. "Order": request for delivery of an Item made regularly, in accordance with these General Terms and Conditions;
- 1.4. "General Terms and Conditions of Sale": this contract, the purpose of which is to govern the contractual relationship between the Seller and the Customer;
- 1.5. "Basket": section of the Site which summarizes the Item(s) selected by the Customer in order to place his Order;
- 1.6. "Site": the online sales site https://www.niaramy-studio.com/fr/ used by the Seller for the delivery of the Items;
- 1.7. "Company": refers to the company NIARAMY PRODUCTIONS, operated under the trade name "Niaramy", a single-person simplified joint-stock company with a share capital of €1,000 whose registered office is located at 23 rue Lamartine 91100 Corbeil-Essonnes, registered in the commercial register and Evry companies under number 910 903 57400010, and whose VAT number is FR59910903574;
- 1.8. "Seller": the Company that sells its Items through the Site.
Article 2 - Object
The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the Customer and the Seller in the context of Orders placed by the Customer relating to Items offered for sale by the Seller via its Site.
Article 3 - Scope
These General Terms and Conditions of Sale are applicable to all sales of Items concluded at a distance through the Site between the Seller and any Customer acting as a consumer, within the meaning of the law and case law, and exclusively for its own account.
The General Terms and Conditions applicable to the aforementioned transactions are those in force on the date of the Order. In the event of modification of the said General Terms and Conditions, the new General Terms and Conditions will apply exclusively to Orders placed after their modification.
If one of the provisions of these General Terms and Conditions is canceled, this nullity does not does not entail the nullity of the other provisions, which remain in force. The Seller reserves the right not to follow up on Orders that would be concluded in violation of these General Terms and Conditions.
Article 4 - Acceptance
The Seller provides the Customer with the General Terms and Conditions in a legible and understandable manner, in accordance with the provisions of Articles L.111-1 and L.111-2 of the Consumer Code. Access to the said General Terms and Conditions, as well as to their conservation and reproduction, is direct, permanent and easy, in accordance with the provisions of article 19 of law n ° 2004-575 of June 21, 2004 for confidence in the 'Digital Economy. They are in particular accessible from all the pages of the Site by clicking on the "CGV" button.
The seller remains bound to his offer as long as it is electronically accessible by his own doing. By placing any Order, the Customer acknowledges having read these General Terms and Conditions and accepting them without reservation. Said Order is validated by the "double click" process, which constitutes an irrevocable acceptance of the General Terms and Conditions.
The contract will be definitively concluded between the Seller and the Customer when the Customer has materially reiterated the acceptance of the contract by the double click process.
Article 5 - Ordering articles on the site
5.1. Selection of articles
The Customer selects on the Site the nature and quantity of the Items he wishes to order. These Articles are then automatically added to his Basket.
The Customer may freely modify his Basket, and in particular delete Articles that he has added to his Basket or add them, or even modify the quantity.
The Basket indicates to the Customer the selected Item(s), their quantity and their price. Once the selection of the desired Items is complete, the Customer validates the contents of the Basket by clicking on the "Next" button. The Customer must then identify himself, or create his account if necessary, in order to proceed to the next step.
5.2. Order form
In order to place an Order, the Customer must follow the instructions on the Site and complete the Order form. In the event of prolonged inactivity, the current Order can no longer be guaranteed. The Customer is then invited to repeat the steps for completing the Order.
The order form summarizes the essential information of the items (nature, quantity, price). Before irrevocably validating their Order, the Customer is invited to check:
- the details of his order;
- any price reduction;
- the payment method chosen;
- the delivery method chosen;
- the total price.
The Customer is invited to correct any errors.
5.3. Confirmation of the order by the customer
The Customer confirms the Order including the following summary elements:
- general information on the contract (name and contact details of the customer, delivery costs, terms of payment, delivery or performance);
- information on the conditions and procedures for exercising the right of withdrawal;
- the address of the company to which the customer can submit complaints;
- information relating to after-sales service and commercial guarantees.
The Customer may modify his Order at any time until payment.
5.4. Electronic acknowledgment of receipt
After validation of the Order by the "double click" process, the Customer immediately receives an electronic acknowledgment of receipt of the Order confirming his Order, and containing a summary of the information already present in the Order form.
5.5. Availability of items
The Order is irrevocably validated at the time of payment by the Customer, subject to the availability of the Item(s) ordered. In the event of unavailability of an Item ordered, the Seller undertakes to inform the Customer thereof by e-mail; the Order is then automatically canceled and the Customer is immediately refunded.
5.6. Retention of information by the Seller
The order form is archived and kept by the Seller for the time necessary to process and ship the Order and in compliance with legal deadlines.
In accordance with the provisions of article L.134 -2 of the Consumer Code, the Seller retains all information relating to Orders for an amount greater than or equal to €120 for a period of ten years. The Customer has a right of access to this information at any time, according to the procedures provided for in Article 13 of these General Terms and Conditions.
For the retention of bank details, see Article 7.3. of these General Terms and Conditions.
Article 6 - Price
The price of the Articles is indicated in euros on the Site for each Article. It includes all costs related to the creation, storage and packaging of the Article, but does not include delivery costs. The price applied corresponds to the price indicated on the Site when placing the Order.
The price is indicated inclusive of all taxes for France and the European Union. For products shipped outside the European Union and DOM / TOM, the price is indicated excluding taxes. Customs duties or local taxes, import duties or local taxes may be payable, and will then be the responsibility of the Customer. The Customer is advised to inquire about these aspects with the local authorities.
At the time of validation of the Order, the price to be paid is the price of the Items covered by the Order, plus the delivery costs.
The total amount to be paid including the price of the Items and the delivery costs is reminded to the Customer when placing the Order, before payment.
Article 7 - Payment
7.1. Terms of payment
Payment of the amount of the Order must be made according to the terms indicated when placing the Order.
LThe Customer may freely modify his Basket, and in particular delete Items that he has added to his Basket or add them, or even modify the quantity.
The Basket indicates to the Customer the Item(s) selected, their quantity and their price. Once the selection of the desired Items is complete, the Customer validates the contents of the Basket by clicking on the "Next" button. The Customer must then identify himself, or create his account if necessary, in order to proceed to the next step.
5.2. Order form
In order to place an Order, the Customer must follow the instructions on the Site and complete the Order form. In the event of prolonged inactivity, the current Order can no longer be guaranteed. The Customer is then invited to repeat the steps for completing the Order.
The order form summarizes the essential information of the items (nature, quantity, price). Before irrevocably validating their Order, the Customer is invited to check:
- the details of his order;
- any price reduction;
- the payment method chosen;
- the delivery method chosen;
- the total price.
The Customer is invited to correct any errors.
5.3. Confirmation of the order by the customer
The Customer confirms the Order including the following summary elements:
- general information on the contract (name and contact details of the customer, delivery costs, terms of payment, delivery or performance);
- information on the conditions and procedures for exercising the right of withdrawal;
- the address of the company to which the customer can submit complaints;
- information relating to after-sales service and commercial guarantees.
The Customer may modify his Order at any time until payment.
5.4. Electronic acknowledgment of receipt
After validation of the Order by the "double click" process, the Customer immediately receives an electronic acknowledgment of receipt of the Order confirming his Order, and containing a summary of the information already present in the Order form.
5.5. Availability of items
The Order is irrevocably validated at the time of payment by the Customer, subject to the availability of the Item(s) ordered. In the event of unavailability of an Item ordered, the Seller undertakes to inform the Customer thereof by e-mail; the Order is then automatically canceled and the Customer is immediately refunded.
5.6. Retention of information by the Seller
The order form is archived and kept by the Seller for the time necessary to process and ship the Order and in compliance with legal deadlines.
In accordance with the provisions of article L.134 -2 of the Consumer Code, the Seller retains all information relating to Orders for an amount greater than or equal to €120 for a period of ten years. The Customer has a right of access to this information at any time, according to the procedures provided for in Article 13 of these General Terms and Conditions.
For the retention of bank details, see Article 7.3. of these General Terms and Conditions.
Article 6 - Price
The price of the Articles is indicated in euros on the Site for each Article. It includes all costs related to the creation, storage and packaging of the Article, but does not include delivery costs. The price applied corresponds to the price indicated on the Site when placing the Order.
The price is indicated inclusive of all taxes for France and the European Union. For products shipped outside the European Union and DOM / TOM, the price is indicated excluding taxes. Customs duties or local taxes, import duties or local taxes may be payable, and will then be the responsibility of the Customer. The Customer is advised to inquire about these aspects with the local authorities.
At the time of validation of the Order, the price to be paid is the price of the Items covered by the Order, plus the delivery costs.
The total amount to be paid including the price of the Items and the delivery costs is reminded to the Customer when placing the Order, before payment.
Article 7 - Payment
7.1. Terms of payment
Payment of the amount of the Order must be made according to the terms indicated when placing the Order.
Payment is made, at the Customer's choice, by credit card or PAYPAL.
7.2. Payment by credit card
In case of payment by credit card, the payment is irrevocable, in accordance with the provisions of article L132-2 of the Monetary Codeand financial and subject to the exceptions provided for in said article.
In order to make the payment, the Customer communicates to the Seller via the payment form the sixteen digits appearing on his card, the expiry date and, if applicable , the visual cryptogram. This communication constitutes authorization given to the Seller to debit the bank card for the amount corresponding to the total price of the Order.
The transaction is immediately debited from the Customer's bank card after verification of the conformity of the Order and the bank details at receipt of the debit authorization from the company issuing the bank card. In the event that the debit is impossible, the Order will be canceled immediately.
The transaction is debited by NIARAMY's partner company: YPN - Coltesse - 12 rue Philippe de Girard - 75010 Paris - France
The bank details benefit from secure SSL (Secure Socket Layer) encryption. Their use by the Seller is limited exclusively to the procedures necessary to ensure the validation of the Order and the issuance of a refund for the Order in the event of regular exercise of the Customer's right of withdrawal. Said bank details may under no circumstances be made available to third parties, except for the need for the Seller to notify the competent authorities of the occurrence of fraud.
Article 8 - Delivery
8.1. Prior formalities
The Customer chooses a delivery method on the Site when placing his Order.
The Customer receives an electronic confirmation of the dispatch of his Order.
The Customer provides the address of delivery when placing the Order. The Seller can deliver anywhere in the world.
8.2. Delivery delay
The Order will be shipped within 48 hours from the date of payment, except in cases of force majeure as this concept is assessed by the case law of the French courts, to the delivery address indicated by the Customer when of his order. The Seller cannot be held responsible for a delivery failure linked to incomplete or erroneous information on the delivery address when placing the Order. In case of return of a package to the Seller due to an incorrect or incomplete address provided by the Customer, the return costs will be the sole responsibility of the Customer.
For "outlet" type orders, the delivery times can exceptionally reach 3 to 5 working days.
Delivery times are in working days.
Delivery time in mainland France: 2 days
Delivery time in the overseas departments -TOM: 6 days
Delivery time within the European Union: 5 days
Delivery time outside the European Union: 7 days
8.3. Shipping costs
France: shipping costs are 10 euros
Europe and World: shipping costs are 20 euros for member countries of the European Union. The shipping costs are 30 euros for countries outside the European Union and the DOM-TOMs.
Shipping costs are free from 200 euros of purchases.
The delivery costs for Orders to France and the European Union are indicated with all taxes included, in accordance with the Value Added Tax rate in force on French territory.
Shipping costs for orders shipped outside the European Union are indicated exclusive of tax. Taxes are paid by the Customer upon receipt of the package according to the laws in force in the country of destination.
8.4. Delivery delay
In the event of a delay in delivery, the Seller shall inform the Customer thereof by e-mail. The Customer may then cancel the Order by sending an e-mail to the Seller.
If the Order has not yet been dispatched upon receipt of the e-mail, the Seller will retain the Item(s) ordered and reimburse the Customer within a period of fourteen days from the date of the e-mail.
If the Order has been dispatched upon receipt of the e-mail, the Customer may cancel the Order by refusing the package and returning it to the Seller. The Seller will then reimburse the Customer for the amount of the Order and the return costs upon presentation of receipts, within fourteen days of receipt of the returned Item(s) unopened.
Article 9 - Withdrawal period
In accordance with the provisions of Article L121-21 of the Consumer Code, the Customer has a right of withdrawal from his Order which he can exercise within fourteen (14) days of receipt of his Order, without having to justify the reasons or pay any penalties, except for the cost of returning the Item(s). In the event that this period expires on a Saturday, Sunday or a public holiday, it is extended until the first following working day.
In the event of free shipping, these will be applied if the amount of the items retained is less than the amount necessary for the application of the free service. The shipping costs will then be deducted from the refund.
The Customer who wishesite exercising his right of withdrawal must return the Item(s) within the aforementioned period to the address indicated below, or inform the Seller of his wish to withdraw within the aforementioned period and then return the Item(s) to the address indicated below within fourteen days of this service:
Niaramy Productions / Chez Coltesse - Return - 12 rue Philippe de Girard - 75010 Paris - France The Item(s) must be returned in a condition allowing them to be put back on sale by the Seller (not worn, worn(s), modified(s), washed, damaged(s)) and accompanied by all documents and accessories supplied as well as a copy of the invoice or any other element allowing the Order and the Customer to be identified.
In the event that the returned Item(s) are not suitable for sale, the Customer will not be reimbursed, but he may obtain again, at his own expense, the return of the Item(s) he would have returned urned to the Seller.
In accordance with the provisions of Article L121-21-4 of the Consumer Code, the Customer who exercises his right of withdrawal will be reimbursed as soon as possible, and at the latest within fourteen days of the date of return of the Item(s). (s).
Responsibility for loss or damage to the item(s) during the return lies with the customer.
Under the provisions of Article L.121-20-2 of the Code consumption, the right of withdrawal is excluded for items made to the consumer's specifications or clearly personalized.
Article 10 - Retention of title
The Seller remains the owner of the Items covered by the Order until full payment of the price. In the event of non-payment or incomplete payment, the Seller may claim the Articles which could have been delivered to the Customer without notice.
Article 11 - Warranty
The Seller is required to comply with the applicable legal guarantees provided for in Articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and Articles 1641 and 1648 of the Civil Code.
Article L.211-4 of the Consumer Code: "The seller is required to deliver goods that comply with the contract in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility."
Article L.211-5 of the Code of consumption:" To comply with the contract, the good must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities ties that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted..." Article L.211-12 of the Consumer Code: "The action resulting from the defect of conformity is prescribed by two years from the delivery of the goods. "
Article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would have it. not acquired, or would have given a lesser price, if he had known about them...."
Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within a period two years from the discovery of the defect.
In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within a period of one year from the date on which the seller can be discharged from apparent defects or lack of conformity....."
In the event of a lack of conformity, the Customer has the possibility of choosing between two options which can be exercised free of charge:< /p>
- replacement of the item purchased, or
- the return of the price after return of the item(s) to the Seller at the following address: Niaramy Productions chez YPN - Coltesse - 12 rue Philippe de Girard - 75010 Paris - France
The shipping costs are reimbursed by the seller on presentation of the corresponding supporting documents.
In any event, the Seller cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the receiving country. In all cases, the Seller's liability isat the value of the Item(s) subject to the Order, value determined on their date of sale, without possibility of recourse.
Article 12 - Intellectual property
"Niaramy studio" is a protected trademark, registered with the INPI in February 2006. The Niaramy trademark, the Seller's Articles, as well as all trademarks, figurative or not, and all other trademarks, illustrations, images, drawings, models and logos appearing on the Articles, their accessories or packaging are the exclusive property of the Seller.
Any total or partial reproduction, modification or use of the aforementioned elements, for any reason and on any medium whatsoever, without express, prior and written agreement of the Seller, is strictly prohibited.
The same applies to any combination or conjunction with any other brand, symbol, logotype or distinctive sign intended to form a composite logo.
Article 13 - Personal data
Personal data concerning the Customer is only kept by the Seller for the management of orders, the execution and monitoring of commercial relations, as well as for internal statistical purposes. They are also kept for security purposes as well as for the improvement and personalization of services. by the law n°2004-801 of August 6, 2004, the Customer has at any time an individual right of access, withdrawal and rectification of the individual personal data collected.
To exercise this right, the customer has two possibilities:
- log in to their account on the site, or
- write to the following address: Niaramy Productions - 23 rue Lamartine - 91100 Corbeil-Essonnes - France
The Company undertakes not to communicate, free of charge or against payment, the personal data of its Customers to a third party.
Article 14 - Law applicable to the Seller's activity
These General Terms and Conditions, any dispute that may arise on the occasion of the placing, execution or withdrawal of the Order, as well as any contractual relationship between the Seller and the Customer, are governed by the law French.
Article 15 - Settlement of disputes
15.1. Friendly solution
In the event of a dispute or complaint, and before any legal action, the Customer is invited to contact the Seller in order to seek an amicable solution. If he wishes to seek such a solution, the Customer must send a letter to this effect to the following email address niaramy.productions@gmail.com
However, the Customer is reminded that the search for an amicable solution does not interrupt warranty action periods.
15.2. Reference to common law
Any dispute arising between the Seller and the Customer in the context of their contractual relationship is submitted to the competent court in accordance with common law, notwithstanding the plurality of defendants and warranty claims.
