TERMS OF SALES

 

These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CUSTOMER") on the website https://www.boutiquenirvana. com (hereinafter the “SITE”) with LAXMI, SARL registered in the Nice Trade and Companies Register
under number 45336052100018, having its registered office at 10, rue du Collet 06300 Nice,
France Tel: 33 (0)4 93 62 65 88,
email: contact@boutiquenirvana.com (hereinafter the “SELLER”).

IMPORTANT
Any order placed on the SITE necessarily implies the CUSTOMER's unreserved acceptance of these general conditions of sale.

Article 1. Definitions

The terms used below have, in these General Conditions, the following meaning:
  • “CUSTOMER” : designates the co-contractor of the SELLER, who guarantees to have the quality of consumer as defined by French law and case law. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
  • “DELIVERY” : refers to the first presentation of the PRODUCTS ordered by the CLIENT to the delivery address indicated when ordering.
  • “PRODUCTS” : designates all the products available on the SITE.
  • “TERRITORY” : refers to Metropolitan FRANCE (excluding DOM/TOM).

Article 2. Object

These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.

The CLIENT is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions.

Article 3. Acceptance of the general conditions

The CUSTOMER undertakes to carefully read these General Conditions and accept them, before proceeding to the payment of an order of PRODUCTS placed on the SITE.

These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.

The SELLER advises the CLIENT to read the General Conditions for each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.

By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.

Article 4. Purchase of products on the site

To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.

The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. Tracking of DELIVERIES may, where appropriate, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail, at contact@boutiquenirvana.com, in order to obtain information on the status of his order.

The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information communicated.

Article 5. Orders

         Article 5.1 Characteristics of the products

The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under applicable law (in these General Conditions).

The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.

Unless expressly indicated otherwise on the SITE, all the PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.

         Section 5.2. Order procedure

PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note however that depending on the CUSTOMER's start page, the steps may differ slightly).

                  5.2.1. Selection of PRODUCTS and purchase options

The CUSTOMER must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The latter can then add to his basket as many PRODUCTS as he wishes.

                  5.2.2. Orders

Once the PRODUCTS have been selected and placed in their basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be asked to identify himself or register.

Once the CUSTOMER has validated the contents of the basket and has identified/registered, an automatically completed online form will be displayed to them summarizing the price, applicable taxes and, where applicable, shipping costs. delivery.

The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.

The CUSTOMER can then proceed to the payment of the PRODUCTS by following the instructions appearing on the SITE and provide all the information necessary for the invoicing and the DELIVERY of the PRODUCTS. Regarding the PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.

The CUSTOMER must also select the chosen delivery method.

                  5.2.3. Acknowledgment of receipt

Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated via the registration form is correct. .

The SELLER does not send any order confirmation by post or fax.

                  5.2.4. Billing

During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).

The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.

The CUSTOMER must then specify the means of payment chosen.

Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Regardless of the order or payment method used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.

         5.3. Date of the order

The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE do not begin to run until this date.

         5.4. Price

For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or chosen mode of transport).

Prices include in particular value added tax (VAT) at the rate in effect on the date of order. Any modification of the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.

The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.

The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They can also be modified in the event of special offers or sales.

The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CLIENT.

         5.5. Availability of PRODUCTS

The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.

In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.

The SELLER may, at the CLIENT's request:
Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS out of stock are available again,

Either proceed to a partial shipment of the PRODUCTS available initially, then to the shipment of the rest of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs which may be incurred,

Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.

If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.

Article 6. Right of withdrawal

The terms of the right of withdrawal are provided for in the “withdrawal policy”, policy available in Appendix 1 hereof and accessible at the bottom of each page of the SITE via a hypertext link.

Article 7. Payment

         7.1. Means of payment

The CUSTOMER can pay for his PRODUCTS online on the SITE using the means offered by the SELLER.

The CUSTOMER guarantees the SELLER that he has all the authorizations required to use the means of payment chosen.

The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.

It is specified in this respect that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
         7.2. Payment date


In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.

In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is dispatched. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.

         7.3. Late or refused payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER in order to pay for the order by any other valid means of payment.

In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CLIENT proves impossible, the order will be canceled and the sale automatically terminated.

Article 8. Proof and Archiving

Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.

The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.

In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Article 9. Transfer of ownership

The SELLER remains the owner of the PRODUCTS delivered until their full payment by the CLIENT.

The above provisions do not preclude the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the reservation. property, as well as the risk of damage that they may cause.

Article 10. Delivery

The methods of DELIVERY of the PRODUCTS are provided for in the "delivery policy" referred to in Appendix 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.

Article 11. Packaging

The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal Policy.

Article 12. Warranties

         12.1. Compliance Guarantee
Article L.211-4 of the Consumer Code : “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »

Article L.211-5 of the Consumer Code : 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 possess the qualities that the latter has presented to the buyer in the form of a sample or model;

- present the qualities 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.


The SELLER is required to deliver a compliant PRODUCT, that is to say suitable for the expected use of a similar good and corresponding to the description given on the SITE. This compliance also assumes that the PRODUCT has the qualities that a buyer can legitimately expect given the public statements made by the SELLER, including in advertisements and on labels.

In this context, the SELLER is likely to be liable for existing lack of conformity at the time of delivery and for lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it or was carried out under his responsibility.

The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the Consumer Code)

In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at its option. However, if the cost of the CUSTOMER's choice is manifestly disproportionate to the other possible option, given the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen. by the customer.

In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 10, rue du Collet 06300 Nice.

Finally, the CUSTOMER is exempted from providing proof of the existence of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the goods.

It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the PRODUCTS.

         12.2. Warranty against hidden defects

The SELLER is bound by the guarantee for hidden defects in the PRODUCT sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the CUSTOMER would not have acquired it, or would not have given it than a lesser price, if he had known them. (Article 1641 of the Civil Code)

This guarantee allows the CLIENT who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price, if the PRODUCT is not returned.

In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 10, rue du Collet 06300 Nice. The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)

Article 13. Liability

The responsibility of the SELLER can in no case be engaged in the event of non-performance or poor performance of the contractual obligations attributable to the CUSTOMER, in particular when entering his order.

The SELLER cannot be held responsible, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law. French courts and tribunals.

It is also specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third party websites are provided for informational purposes only and no guarantee is provided as to their content.

Article 14. Personal data


The SELLER collects personal data about its Customers on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders and, if the CLIENT has chosen this option, send him commercial prospecting letters, newsletters, offers promotional and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.

The CLIENT's data is kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.

CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.

The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have given their prior consent when registering on the SITE.

The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time on the SITE or by contacting the SELLER.

The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion. of his personal data. He can exercise this right by sending an e-mail to the address: contact@boutiquenirvana.com or by sending a letter to 10, rue du Collet 06300 Nice.

It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.

Article 15. Complaints

The SELLER provides the CUSTOMER with a “Customer Telephone Service” at the following number: 33 (0)4 93 62 65 88 (non-surcharged number).

Any written complaint from the CLIENT must be sent to the following address: 10, rue du Collet 06300 Nice.

Article 16. Intellectual property

All the visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.

This authorization from the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE that use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.

Article 17. Validity of the General Conditions

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision in no way authorizes CUSTOMERS to disregard these General Conditions.

All conditions not expressly dealt with herein will be governed in accordance with the usage of the retail sector for individuals, for companies whose registered office is located in France.

Article 18. Modification of the General Conditions

These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.

The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.

Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.

Article 19. Jurisdiction and applicable law

These General Conditions as well as the relations between the CLIENT and the SELLER are governed by French law.

In the event of a dispute, only the French courts will be competent.

However, prior to any recourse to the arbitration or state judge, preference will be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any conflict relating to this contract arises, including relating to its validity.

The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent jurisdiction designated below.

Throughout the negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict subject of the negotiation. By way of exception, the parties are authorized to seize the court of summary proceedings or to seek the pronouncement of an order on request. A possible action before the court of summary proceedings or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable settlement clause, unless expressly agreed otherwise.

ANNEX 1

WITHDRAWAL POLICY
Principle of withdrawal

The CUSTOMER has in principle the right to return or return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.

Withdrawal period The withdrawal

period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.

In the event that the CLIENT has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.

Notification of the right of withdrawal

To exercise his right of withdrawal, the CUSTOMER must notify his decision to withdraw from this contract by means of an unambiguous declaration to: 10, rue du Collet 06300 Nice or contact@boutiquenirvana.com.

He can also use the form below:
WITHDRAWAL FORM
For the attention of [*] (*Contact details of the SELLER)

Telephone number of the SELLER*:
Fax number of the SELLER*:
E-mail address of the SELLER*:

I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:

PRODUCT reference
Invoice
number: Order form number:
- Ordered on [____________]/received on [________________]
- Means of payment used:
- Name of CLIENT and beneficiary, if applicable of the order:
- Address of the CLIENT:
- Delivery address:
- Signature of the CLIENT (except in the case of transmission by email)
- Date


In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all the sums paid, without delivery costs, without excessive delay and, in any case, no later than fourteen (14 ) days from the day the SELLER is informed of the CLIENT's desire to withdraw.

The SELLER will make the refund using the same means of payment as the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different means, in any event, this refund will not incur any costs. to the customer.

The SELLER may defer reimbursement until receipt of the goods or until the CLIENT has provided proof of shipment of the goods, the date chosen being that of the first of these events.

Terms of return

The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to: 10, rue du Collet 06300 Nice.

This deadline is deemed to have been respected if the CUSTOMER returns the goods before the expiry of the fourteen-day period.

Return costs

The CUSTOMER must bear the direct costs of returning the goods.

Condition of the returned

goods The PRODUCT must be returned according to the SELLER's instructions and include in particular all the accessories delivered.

The CUSTOMER's liability is only engaged with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but his responsibility may be engaged if he carries out manipulations other than those which are necessary.

Exclusions of the right of withdrawal

The right of withdrawal is excluded in the following cases:
  • Supply of goods or services whose price depends on fluctuations in the financial market
  • Supply of goods made to the CLIENT's specifications or clearly personalized
  • Supply of goods liable to deteriorate or expire rapidly
  • Supply of sealed audio or video recordings or software that have been unsealed after delivery
  • Newspaper, periodical, magazine (except subscription contract)
  • Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
  • Supply of goods which by their nature are inseparably mixed with other items
  • Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CLIENT after DELIVERY
  • the supply of alcoholic beverages whose price was agreed at the time of the conclusion of the sales contract, whose delivery can only be made after 30 days and whose real value depends on fluctuations in the market beyond the control of the SELLER
  • Supply of digital content not provided dematerialized if the execution has begun with the prior express agreement of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
  • contracts concluded at a public auction

APPENDIX 2

DELIVERY POLICY

Delivery area

The PRODUCTS offered can only be delivered within the TERRITORY.

It is impossible to place an order for any delivery address located outside this TERRITORY.

The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER has indicated during the ordering process.

Shipping

deadlines The deadlines for preparing an order and then drawing up the invoice, before dispatch of the PRODUCTS in stock, are mentioned on the SITE. These deadlines do not include weekends or public holidays.

An electronic message will be automatically sent to the CLIENT when the PRODUCTS are dispatched, provided that the electronic address appearing in the registration form is correct.

Delivery times & costs

During the ordering process, the SELLER indicates to the CUSTOMER the possible delivery times and formulas for the PRODUCTS purchased.

Shipping costs are calculated based on the delivery method. The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased.

Details of delivery times and costs are detailed on the SITE.

Terms of DELIVERY

The package will be delivered to the CUSTOMER against signature and upon presentation of an identity document.

In case of absence, a transit advice note will be left to the CUSTOMER, in order to allow him to pick up his parcel in his post office.

DELIVERY problems

The CUSTOMER is informed of the delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.

It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract.

The SELLER shall reimburse, without undue delay from receipt of the letter of termination, to the CLIENT the total amount paid for the PRODUCTS, taxes included, by means of the same method of payment as that used by the CLIENT to purchase the PRODUCTS.

The SELLER is responsible until delivery of the PRODUCT to the CLIENT. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss observed during delivery.
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