General sales terms and conditions
General information and preamble
The online shop of the website « nerolium.fr » was created by the Nérolium company which owns this website.
The following terms and conditions are made available to the « consumer ». They are easily accessible and identifiable. The « consumer » is perfectly aware of the necessity to take note of the entirety of those
sales terms and conditions regulating all sales of products on the website nerolium.fr’s online shop.
– ordering online implicates the full adherence of the « consumer » to these general terms by an electronic and dematerialized contract, and the acknowledgement that this contractual commitment does not require any reiteration of any form, among which no physical ratification.
The « consumer » may save or edit those general terms and conditions, it being specified that editing it concerns its only responsibility.
The online shop established by Nérolium as part of this websites references the following information:
- Legal notice allowing for a precise identification of the company « nerolium.fr »
- Outlining of the essential characteristics of the products on offer
- Indication, in Euros of the product’s prices including delivery charges when needed.
- Listing of payment methods, conditions of delivery, execution modalities
- The existence of a right of withdrawal
- The contractual information is presented in French and English.
The « consumer » warrants that they have full legal capacity to commit to these Terms and Conditions of Sale.
Any order placed on the website https://nerolium.fr domicilied at :
Nérolium Service Retour
140 avenue de la Liberté
06220 Golfe JUAN
Is covered by the general sales terms and conditions hereof.
Article 1 : Entire agreement
This website’s general sales terms and conditions constitute the entire exclusive and final statement of the agreement between both parties. The « consumer » is presumed to accept unreservedly all the provisions in these terms and conditions. No general or specific provision provided by the
« consumer » can be added to those hereof. Article 2 : Object of the contract
The object of the general sales terms and conditions hereof define the rights and obligations of both parties in the context of the sales of goods and services by the company Nérolium to the
« consumer ».
Article 3 : contractual document
The general sales terms and conditions hereof are appended to any online purchase order. The
« consumer » declares they acknowledge those general sales terms and conditions which append the electronic purchase order hereof.
Article 4 : Inception and duration
The general sales terms and conditions hereof are enacted the date the purchase order is signed. The general sales terms and conditions hereof are concluded for the duration necessary to the product delivery and until the extinction of guarantees due by the company Nérolium.
Article 5 : electronic signature
The « double click » of the « consumer » under the purchasing order constitutes an electronic signature which binds the parties with the same value as a physical ratification.
Article 6 : order confirmation
The « consumer » will receive a copy of their purchase order sent in by mail and thus agrees being committed on the object and price to purchase the products listed in the purchase order.
Article 7 : proof of transaction
The informatic registers, stored in the company Nérolium’s informatic systems in adequate security conditions, will be considered proof of communications, orders and payments between both parties. Storing of purchase orders and invoices on a reliable and durable supports can be produced as evidence.
Article 8 : product information
8-a The company Nérolium references on its website exhaustive information about products on offer, regarding their essential characteristics as well as their prices according to article L 111-1 of the « Code de la consommation » (French consumer code).
8-b : The offers on products by the Nérolium company are applicable only within the limit of available inventory.
8-c : Wine-based products : the sale of alcoholic beverage by the Nérolium company is strictly reserved to adults of drinking age according to French national legislation (18 years old). Excessive alcohol consumption is dangerous for your health, alcoholic beverages should be consumed with moderation. Alcohol consumption during pregnancy, even in low quantities, can have detrimental consequences on the unborn child’s health. Selling or giving alcohol to minors under the age of 18 is forbidden by French law.
Article 9 : Allergens
The products on offer on Nérolium’s online shop may contain allergens. Those are clearly presented to the « consumer » in bold letters on the product’s ingredient list with the rest of the product’s details. This list is accessible by clicking « ingredients » directly on products shown in Nérolium’s online shop. In that respect, the « consumer » acknowledges they are aware of the composition of ordered products as soon as those products appear in the purchase order. The Nérolium company will not be held responsible in the event of any harm that may occur to the « consumer » as a result of the presence of mentioned allergens in ordered products.
Article 10 : prices
Prices are displayed in euros and are valid only for the date of dispatch of the purchase order. They do not include shipping costs, specified before validating the order. The prices include the French VAT at the current rate when the order is placed and any change in the rate of the French VAT will be passed on to the prices of the products offered in the online shop. Full payment of the purchase must be done when placing an order. The sums paid can never be considered to be deposits or part payments.
Article 11 : Payment methods
-To pay for their order, the « consumer » has the choice among all the payment methods listed in the order form.
-The « consumer » guarantees they fulfil the necessary requirements and, when needed, has authorization to use the payment method they have chosen when validating their order form.
-The Nérolium company reserves the right to suspend any processing order or delivery in the event of refusal of credit card payment authorization by officially certified organisms or in the event of non- payment.
-The Nérolium company reserves the right to refuse to carry out a delivery or fulfil an order placed by a « consumer » who would have a record of failing partly or entirely to pay a previous order or with whom a payment dispute settlement is pending.
Article 12 : product availability
-Delivery times is a function of available inventory, and will be specified when the order confirmation is sent-in by mail.
-In the event of unavailability of the required product, notably due to our providers, the « consumer » will be notified as soon as possible and will be offered the possibility to cancel their order. The « consumer » will then be presented the choice of either a full refund within 30 days after their payment, or having their product exchanged.
Article 13 : delivery terms
-Processing of the order and delivery within an average of 24/48h Monday to Friday. This does not include delivery time.
Deliveries to metropolitan France
Orders are delivered by DHL within 24/48h.
*For all orders to be delivered in Metropolitan France, transport fees amounting to 8,50€
are added to the total sum.
For any further information about order processing or delivery, contact us at
+33(0)188.8.131.52.29 or via mail at firstname.lastname@example.org.
-Products are delivered to the address provided by the « consumer » on the purchasing order. In the event of a mistake on the address by the « consumer » and if the package is returned to the company Nérolium, the company Nérolium will require delivery fees to be paid again by the « consumer » for return delivery.
In the event the package is returned to the company Nérolium because the « consumer » failed to retrieve it in time, a return delivery can be arranged if the « consumer » pays again for delivery fees. If the « consumer » rather cancel their order, it will be refunded excluding delivery fees.
-The « consumer » is required to check the integrity of the products upon retrieving the package and before signing the delivery order handed by the deliverer or postal worker. In the event of any identified damage or lacking product, please refer to Article n°14.
-The « consumer » may ask for a receipt to be delivered at the billing address rather than the delivery address by giving both addresses when placing an order.
Article 14 : delivery problem caused by the shipping company
Any anomaly regarding a delivery (damage, lacking product when compared to the delivery order, damaged package, broken product and so on…) must without fail be listed on the delivery order in the form of « hand- written reserve » before the customer signs it. The « consumer » will be required to confirm this anomaly within two (2) working days following the delivery via registered post with proof of receipt describing any claims. The « consumer » is required to send a copy via simple post to the following address :
140 avenue de la Liberté 06220 Golfe Juan
Don’t hesitate to notify us :
- Mainly by phone, +33(0)184.108.40.206.29 Monday to Friday, 09h00 to 12h00 and 14h00 to 17h00.
- By email at email@example.com. For any claim regarding a damaged or broken product, the « consumer » will be required to provide proof of any damage to product(s) to the Nérolium company. The Nérolium company will send a reply to the « consumer » as swiftly as possible in order to settle the claim. The Nérolium company will then offer either a full refund or an exchange of the damaged product(s) as long as the damage is acknowledged.
Article 15 : delivery error
15-a : The « consumer » will be required to notify on the day of the delivery or no later than the first working day after delivery any claim about delivery problems or inconsistency between the purchase order and delivered products. Any claim brought to us on a later date will be dismissed.
15-b : Any claim notification to the company Nérolium can be brought to us :
-Mainly by phone, +33(0)220.127.116.11.29 Monday to Friday, 09h00 to 12h00 and 14h00 to 17h00.
-By email at firstname.lastname@example.org
15-c: Any claim that doesn’t follow the rules stated in the above paragraphs and in the adequate timeframe cannot be taken into account and the company Nérolium will be cleared of all responsibility toward the « consumer ».
15-d : In the event of a delivery mistake : upon receiving the claim, the company Nérolium will assign the « consumer » a return number via email or phone. The product exchange can be enacted only after the « consumer » has been assigned a return number following the procedure described in the above paragraphs.
15-e : In the event of a delivery or inconsistency mistake, any product to be exchanged or refunded shall be returned to the Nérolium company in its original packaging at the following address :
140 avenue de la liberté
06220 GOLFE JUAN
-In order to be validated, any product return has to be reported priorily at the company Nérolium’s customer service by mail or email. The company Nérolium will pay for postage fees unless the returned product is inconsistent with the « consumer »’s original claim in the product return form.
Article 16 : Products guarantee
In accordance with Marsh 24 1978’s n°78-464 decree Article 4 of the « Code Civil » (French civil code), the following provisions cannot deprive the « consumer » of the legal guarantee requiring the professional « vendor » to protect the « consumer » from any consequences resulting from concealed defects of the item sold. The « consumer » is expressly notified the Nérolium company handles part of the production of products on offer on the website, accordingly to May 19 1998’s law n°98-389 regarding liability for defective products. As a result, in the event of any damage caused to a person or their belongings by a product defect, only the « manufacturer » of said product can be called upon by the « consumer », based on the information featured on the product’s packaging.
Accordingly to articles L211-4 et seq. of the « code de la consommation » (French consumer’s code) and to articles 1641 et seq. of the « Code Civil » (French civil code), the « consumer » :
-Is allowed 2 years after product delivery to act.
-Can opt for product replacement, subjected to cost provisions under the conditions laid down in article L211-9 of the Code de la Consommation (French consumer code).
-Is exempted of bringing proof of the product’s conformity defect for a period of 6 month following the product’s delivery.
Article 17 : Right of withdrawal
-the consumer is allowed a 14 working days period to return, at their expense, a product they are unsatisfied with. This period starts on the day of delivery to the « consumer ». If this time limit expires on a Saturday, Sunday or other non-working day, i twill be prolonged until the following working day.
-Mainly by phone, +33(0)18.104.22.168.29 Monday to Friday, 09h00 to 12h00 and 14h00 to 17h00.
-By email at email@example.com
-When contacting us for a return, the customer is required to provide the order number. This number can be found on the delivery note, receipt or in the « my orders » tab of their customer account.
-The product has to be returned at :
140 avenue de la liberté
06220 GOLFE JUAN
– Only products in their entirety, in their intact original packaging and in perfect condition for resale can be returned. Any damage to the product or its original packaging disqualifies it for return or refund.
-This right of withdrawal is exercised without penalty, with the exception of return costs.
-In the event the « customer » exercises their right of withdrawal, they can choose either a refund or a product exchange. If they opt for a product exchange, they will be charged for shipping costs.
-In the event the « customer » exercises their right of withdrawal, The company Nérolium will make all the necessary effort to ensure a refund in a 14 days period after the product is returned. The « customer » will then be re-credited on their bank account if their payment was made by credit card or bank check.
-Any product opened or unsealed by the « consumer » after delivery cannot be returned because of health and hygiene concerns.
Article 18 : force majeure
Neither party shall be considered to have failed to fulfill their contractual obligations, in the event their fulfilment is delayed, hindered or prevented by a fortuitous event of force majeure. Is considered to be of force majeure any unstoppable event or circumstances, external to both parties, unpredictable, unavoidable, beyond the control of both parties despite all reasonably plausible efforts. The party affected by such circumstances is required to notify the other within ten business days from the date the mentioned event occurs. Both parties shall then contact each other within a month, except in the event of impossibility due to the event of force majeure, in order to examine the incidence of the event of force majeure and find an agreement on the conditions under which the contract terms will be continued. If the event of force majeure lasts for a period exceeding 3 months, the general sales terms and conditions may be cancelled by the aggrieved party.
Expressly, may be considered events of force majeure, in addition of those usually retained by case law in French courts and tribunals: transport or supply blockages, earthquakes, wildfires, storms, flooding, lightning strikes, failure or severe disfunction of telecommunication networks external to the will of parties.
Article 19 : Partial non validation
If one or several contractual stipulations are considered or stated non valid, or deemed non valid by application of a law, regulation or following settlement by a court having jurisdiction, the other contractual stipulation shall remain in force to their full extent.
Article 20 : Non waiver
The failure of a party to pursue any breach of any of the provisions of the general sales terms and conditions hereof shall not be construed as a waiver on mentioned provision.
Article 21 : Headings
In case of difficulty interpreting any of the headings above any of the clauses in this contract, the headings are deemed to be non-existent.
Article 22 : Governing law
The general sales terms and conditions hereof are governed by French law. This applies both to substance and form. In the event of a claim or legal dispute, the « consumer » shall notify the Nérolium company first to reach for an out of court settlement. If the claim is answered, the « consumer » unreservedly accepts the term conferring exclusive territorial jurisdiction to the court of Antibes.
Article 23 : data protection
The information requested from the « consumer » is required for processing their orders and may be communicated to contractual partners of the company Nérolium involved in the fulfilment of the delivery. The
Article 24 : privacy
Data collected on the retailer’s website to process orders is volatile, The Nérolium company needs to be able to register and access some data communicated by the « consumer »’s computer : The
« consumer »’s identity and products they wish to buy. Cookies are programmed to record only visit times, identity (recognized by login and password) and the content of the « shopping cart » as it fills. As a result of the cookies we use being of the « volatile » type, once the shopping session is over the collected data is automatically erased.
PRIVACY AND PERSONAL DATA PROTECTION
We collect personal data you provide when creating an account or placing an order. You may be asked for your name, delivery and billing address, phone number, email and birthdate. When you purchase a product on our site, we collect information regarding your order such as the products bought, when and where did the transaction take place, what were the payment methods used. We store personal data for as long as the law requires in the context of data requirement for purposes previously mentioned.
While you browse our website, we may also collect anonymous data such has the hardware type you used to access the website, internet browser used, browsing behaviour information such as visited pages, information about how you found the site: via browser search results or by clicking on an advert. We may as well record your IP address.
Whenever subscribing to our newsletter, answering a customer survey, entering into giveaways, sweepstakes or special promotions we may collect personal data as well as your comments and contributions if you answered questions. We may collect detailed data from any email we send you that you open or click, including any weblinks you may click. We may collect any information you may provide when contacting us via email, phone, mail or social networks.
This website does not seek sensitive data. Sensitive data includes data about: race or ethnicity, political orientation, beliefs related to religion, physical or mental health. If you provide sensitive data, providing them means you expressly agree that they may be used under the context of the reasons why you provided them.
How do we use your data ?
Personal data we collect is needed for processing your transactions and manage your account in order to provide you the goods and services you purchase or wish to purchase, to help you place an order or to contact you to let you know when your order is being processed. We use your personal data to answer any claim, question, or feedback you may have, handle any ongoing promotional offers, sweepstakes, customer surveys and questionnaires and to keep you informed about any important change that may occur regarding our website and services.
We collect anonymous data and compile anonymous data about our customers to generate anonymous statistics for commercial purposes so that we can understand better how people use our website. We can use this data to improve our website and the services we offer.
If we happen to collect your IP address, this may be linked to how you browsed the site (for instance, regarding articles added to your shopping cart) in order to help us fix any bug or errors on our site, or help us to detect and prevent fraudulent activities. We may use your IP address to detect the country or city you’re connected from in order to personalise the messages to your profile.
Commercial and marketing use of your data
If you accept it when prompted, we may use your data to keep you informed about our products, promotional offers, special offers, and events. We may use your order history in order to tell you more about products that may interest you.
We expressly ask for your consent to send you any commercial email, and you can unsubscribe or change the conditions of your subscription at any time. You can do this either via your online account on the website, by clicking the « unsubscribe » weblink featured at the bottom of every mail we send you, or Via mail by asking us directly at firstname.lastname@example.org.
We may also use information about your browsing behaviour to deliver personalised content on our site or send you promotional content about our brand and products. Data gathered in this context is anonymous.
We place advertising banners on other websites that may be influences by products you may have viewed while browsing our website. This technology is based on cookies, and data collected by cookies to this aim is anonymous.
ACCESSING YOUR DATA
If you wish to access the personal data you submitted on our website, login to your account and browse the « my account » section on the site.
Please take note that we are required to keep necessary contractual data (essential data for the fulfilment of an order for example) for legal reasons.
We may disclose any data, including personal, if deemed necessary, in our own judgement, in order to comply with any law or regulation in effect, judiciary process or to government request.
We take appropriate measures to create an exact database of any personal information you may have provided on the website. We will however not be liable to confirm the actual correctness of this information. If you notify us your personal data is out-of-date, corrections will be applied wherever possible.
If you wish to update your personal data, login to your account and browse the « my account » tab on the website. You may also contact our customer services:
By email at : email@example.com
Or postal mail to :
Nérolium Service web
140 Avenue de la liberté
-06220 GOLFE JUAN
If we decide not to proceed with your request, we will inform you about the reason of this refusal.
Make a request
Sharing your data
We do not share your data with any party external to Nérolium, except with your agreement, if the law so requires and allows, with the exception of our service providers or potential successors in title to our business.
We work with carefully selected service providers who handle specific services in our name, such as order delivery, payment processing, hosting and developing our website. Those companies may process your personal data to fulfil the services we tasked them to provide in our name.
Whenever we may transfer data to countries outside the European Economic Area, we make sure appropriate security measures are in place.
We maintain a diversity of security procedures to protect your personal data both online and offline. Online, we have a secure firewall complete with data encryption, access to your personal data is locked behind an individual password. The transaction screens are secured on any hardware on our website through utilization of the « HTTPS » technology and all payment related information are encrypted in order to ensure your transaction remains private and protected thanks to SSL (secure Socket layers) technology. Though we take both technical and structural measures to protect your personal data, we cannot guarantee the safety of the data you may communicate us online.
Policy and Misc.
Cookies are small files saved on your computer while navigating certain webpages: we use the encrypted information within to enhance your experience on our website. For example, they help us track which products you added to your cart, finding and correcting errors, or determine the relevant products to show you while you browse. Please, take note that cookies cannot incur any damage to your computer. We do not archive any personal or sensitive data such as credit card number in cookies.
You may disable cookies if you wish : to do so, check the « help » tab of your web browser.
General sales terms and conditions for the online shop of the nerolium.fr website lastly updated : 01/12/2020 at 08H00.