Article 1. Application of the Terms and Conditions
These General Terms and Conditions of Sale apply to sales concluded between, on the one hand, any adult individual residing in Metropolitan France (or Corsica) or Italy who makes a purchase through the online store https://pro.nicimpex.com and, on the other hand, the company NIC-IMPEX SAS. As such, they automatically apply to all orders placed on the NICIMPEX websites, which are the exclusive property of NIC-IMPEX SAS, and whose Publisher is Mr. Patrick Giraudon, Chairman and CEO. NIC-IMPEX SAS is a Simplified Joint-Stock Company registered with the Annecy Trade and Companies Register under No. 83 B 244 (Intra-Community VAT number: FR27327957684). Registered office address: 8 rue des Bouvières 74940 Annecy-le-Vieux, France. Customer Service phone number: 04 50 57 13 51 (local call rate).
Article 2. Products
The product offers available on the NICIMPEX websites are governed by these terms and conditions of sale; they remain valid as long as they are online, until they are no longer available. The products offered for sale on the NICIMPEX websites are described as accurately as possible. The photos, texts, and illustrations associated with the products shown are for illustrative purposes only and are not binding; there may occasionally be minor differences from the final product delivered to the customer.
Article 3. Order
Any order placed on the NICIMPEX websites constitutes express acceptance of these General Terms and Conditions of Sale and acceptance of the prices and products available for sale. Ordering Process: Customers wishing to place an order must follow the procedure below: Product Selection: The customer selects the product they wish to order; Reviewing the Selection: The customer reviews the contents of their shopping cart while retaining the option to remove selected products; Identification: The customer fills out the identification form provided and enters the requested information (required information: last name, first name, email, password); Order verification: The customer verifies the contents of their order, the total price, and the shipping and billing addresses, while retaining the option to remove a product or modify the billing and shipping addresses. An address is defined by the fields for address, ZIP code, city, country, and phone number. Order confirmation: The customer receives an email summarizing the contents of their order, namely: – their order number; – the bank transaction number; – the list of products ordered; – the delivery terms. As this document serves as the official proof of the order, the customer must keep it. Order Processing: The order is then registered and processed by NIC-IMPEX SAS, which verifies the availability of the product(s) ordered. NIC-IMPEX SAS undertakes to fulfill orders received on its website. NIC-IMPEX SAS will contact the customer by email as soon as possible to notify them of the cancellation or refund of the order. Order shipment confirmation: The customer will receive an email confirming the shipment of their order. The contract is deemed to be concluded on the date this email is sent.
Article 4. Price – Payment Terms and Security – Retention of Title Clause
The prices charged are those in effect on the day the order is placed. All prices are listed in euros, inclusive of VAT (TTC), excluding handling and shipping fees, as defined in Article 5 below. – Shipping fees will be displayed in the “shopping cart” when the order is confirmed. NIC-IMPEX SAS reserves the right to modify its prices at any time, but products are billed based on the rates in effect at the time the customer confirms the order. Payment methods: – By credit card (Visa, CB, Mastercard): in this case, payment is processed on the PAYBOX website. This means that no banking information regarding the customer is transmitted via the NIC-IMPEX websites. Payment by credit card is therefore fully secure (SSL). The order will be registered and confirmed as soon as the payment is accepted by the banking service. Security: The details of the credit card used are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted in plain text over the network. Payment is made directly to the bank. NIC-IMPEX SAS has no access to this information under any circumstances and does not store it on its servers. Retention of Title: The products remain the property of NIC-IMPEX SAS until full payment has been received by NIC-IMPEX SAS. However, upon delivery, the risk of loss or damage to the delivered goods is transferred to the customer. Non-payment: NIC-IMPEX SAS reserves the right to refuse to make a delivery or fulfill an order from a customer with whom a payment dispute is currently pending. Anti-Fraud Checks: To ensure transaction security and address the widespread concern of preventing fraud in distance selling, NIC-IMPEX SAS conducts checks on orders that have been confirmed on its online store at https://pro.nicimpex.com. These checks are intended to protect NIC-IMPEX SAS from abusive practices involving remote payments. As part of these verification procedures, NIC-IMPEX SAS may ask the customer to provide documents necessary to release their order: proof of identity, proof of address, proof of a bank account in your name, etc. The purpose is to verify the authenticity of the identity and address. These requests are made via email, and the customer must send us these supporting documents by email for the order to be fulfilled. If no supporting documents are provided, or if the documents submitted do not allow us to verify the identity of the person placing the order and the validity of the billing address, NIC-IMPEX SAS may cancel the order to ensure the security of online transactions.
Article 5. Delivery Terms
General Information: Products purchased on https://pro.nicimpex.com are delivered only to mainland France and Corsica. Products are delivered to the shipping address provided during the checkout process. The delivery times indicated are average times and correspond to the time required for processing, preparing, and shipping the order. Shipping Costs: For deliveries to mainland France and Corsica, the preparation and shipping costs are a flat rate of €12 (including tax) via Colissimo for orders of €400 or less (including tax). Shipping is free for all orders over €400 (including tax). Preparation and shipping costs will be indicated on the customer’s order summary before the order is confirmed. This amount will be charged in addition to the price of the purchased products. Delivery Time: For all products, the order is prepared for shipment from our warehouses within a maximum of 72 business hours (subject to stock availability) from the time the order is confirmed via email. Delivery is then made by carrier (Colissimo) within an approximate average of 3 to 4 business days. The average time between an order and its delivery is 6 business days, excluding sale periods, and approximately 15 business days during sales. This is an average timeframe depending on the destination and the availability of the ordered product. Exceeding this timeframe does not entitle the customer to cancel the order, receive a refund of the price paid, or claim damages. However, in accordance with the provisions of Article L.121-20-3 of the French Consumer Code, if delivery has not been made by the end of a thirty-day period starting from the day after the customer placed their order, the customer may cancel their order at no cost. Any amounts charged to the customer will be refunded. Delivery and Claims: Deliveries are available only to mainland France and Corsica. Packages are shipped via Colissimo Suivi during the ordering process. Delivery via Colissimo Suivi is made to the delivery address provided by the customer during the ordering process or to a pickup point. If the recipient is absent at the time of delivery, as part of the delivery service provided by the carrier, the delivery person will leave a delivery notice in the recipient’s mailbox. The recipient must then pick up the package at the address specified on the delivery notice (post office). In the event of an incomplete address, an incorrect address, refusal of the package by the recipient, or a lack of information resulting in the inability to deliver the product to the recipient on time, NIC-IMPEX SAS cannot be held responsible for the final outcome of this delivery. If this lack of information results in a second delivery attempt to the recipient, NIC-IMPEX SAS shall be entitled to charge the customer for the costs associated with this second delivery. In the event of the recipient’s absence, NIC-IMPEX SAS shall not be held liable for the final quality of the delivery. Receipt of the order: Upon receipt of the order, the customer shall verify that the products received comply with the order. Any issues regarding the delivery (namely: missing or damaged products, damaged packages) must be reported within 14 days of receiving the products to the NIC-IMPEX SAS customer service department at the following address: – By regular mail to the following address: NIC-IMPEX SAS, BP 10120 74941 Annecy-le-Vieux Cedex, France. – By email to: info@nic-impex.com. Unless there is a valid reason, any claim made more than 14 days after receipt of the products will be considered inadmissible, and NIC-IMPEX SAS cannot be held liable. NIC-IMPEX SAS reserves the right to ask the customer to return the non-compliant or damaged product.
Article 6. Right of Withdrawal
In accordance with Article L.121-20 et seq. of the French Consumer Code, the buyer has a 14-day cancellation period starting from the date of receipt of the order to return the ordered products at their own expense without providing a reason. Subject to compliance with the conditions set forth below, NIC-IMPEX SAS will refund the customer the total amount of the returned products, including shipping costs, within thirty (30) days of NIC-IMPEX SAS’s receipt of the products. This refund does not include return shipping costs, which are not considered amounts paid at the time of the order. Prior to any return, the customer must notify NIC-IMPEX SAS’s customer service department of their intention to exercise their right of withdrawal, in accordance with the following procedures: – The customer will request a return number via their account on the NIC-IMPEX websites, by contacting Customer Service via email at info@nic-impex.com or by mail to the address listed in Article 11. – This right of return is only valid for complete products in their original condition, accompanied by a copy of the purchase invoice (received by email upon order confirmation) bearing the return number assigned by email by our Customer Service, and the delivery slip (included with the package upon delivery). In the case of a return involving only one item from your order and not the entire order, you are also responsible for shipping costs on a pro-rata basis corresponding to the price of the returned product(s); only the purchased product will be refunded. Products returned incomplete, damaged, or soiled will not be accepted.
Article 7. Failure to Comply
If the customer is dissatisfied with their purchase, they have 14 days from the date of delivery or pickup to return the item(s) to us and request a refund. The refund process must be requested from customer service via email at info@nic-impex.com or by mail to the address listed in Article 11 (following the same procedures described in Article 6 above). The refund request will be processed under the same conditions as those described in Article 6 above. Any item returned incomplete, damaged, or without its original packaging and label will not be eligible for a refund. In the event of non-compliant or abusive returns, NIC-IMPEX SAS reserves the right to refuse the return.
Article 8. Warranty
The products sold are covered by statutory warranties provided they have been used under normal conditions and the care instructions have been followed. Article L211-4 of the French Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when such installation was the seller’s responsibility under the contract or was carried out under the seller’s supervision. Article L211-5 of the Consumer Code: To be in conformity with the contract, the goods must: 1º Be fit for the purpose usually expected of similar goods and, where applicable: – correspond to the description provided by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; – possess the qualities that a buyer may legitimately expect in light of public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling; 2º Or possess the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller’s attention, and accepted by the seller. Article L211-12 of the Consumer Code: The right to bring an action for lack of conformity expires two years after delivery of the goods. Article 1641 of the Civil Code: The seller is liable under the warranty for hidden defects in the item sold that render it unfit for the use for which it is intended, or that so diminish such use that the buyer would not have purchased it, or would have paid only a lower price for it, had the buyer known of them. Article 1648, paragraph 1 of the Civil Code: An action arising from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. NIC-IMPEX SAS provides a 2-year warranty on all its products for defective parts under normal conditions of use. Our warranty does not cover product wear and tear. Items sold are covered by statutory warranties. This warranty covers hidden defects and apparent defects as of the delivery date. The sole obligation of NIC-IMPEX SAS under this warranty is, at its discretion, the free replacement or repair of products found to be defective, without any further compensation or indemnity. The warranty does not apply if the damage is caused by misuse, overuse, negligence, or if the damage is considered a tear or due to wear and tear. In these specific cases, NIC-IMPEX SAS will determine a repair cost. Once accepted, your garment will be repaired as soon as possible. No product will be replaced without the consent of NIC-IMPEX SAS. To be eligible for the product warranty, you must retain the purchase invoice and the delivery slip. For all product returns and After sales, the return procedure must be requested at: info@nic-impex.com or by mail to the address listed in Article 11.
Article 9. Data Protection Provisions
Personal Information: The provision of personal information regarding the customer is essential for the processing and delivery of orders. The ordering process on NICIMPEX websites requires the creation of a customer account in which this information is stored and protected by a password chosen by the customer and known only to them, ensuring that this information remains strictly confidential. Customer data may also be used, subject to the customer’s explicit consent (opt-in system), to enhance and personalize communications, particularly commercial newsletters and emails, by sending the customer: From NIC-IMPEX SAS, commercial information and offers from its partners, via email or SMS. Offers sent directly by the partners of NIC-IMPEX SAS, by letter or email. Personal data will be processed in strict compliance with the provisions of the French Data Protection Act of January 6, 1978. In accordance with this law, the processing of personal data collected on NIC-IMPEX websites has been declared to the CNIL. Thus, pursuant to this law, the customer has the right to object at any time to receiving commercial marketing materials via email or SMS by submitting a request via email to info@nic-impex.com or by mail to the following address: NIC-IMPEX SAS – BP 10120 – 74941 Annecy-Le-Vieux Cedex. Similarly, at any time, the customer has the right to access, modify, correct, and delete data concerning them. To exercise this right, the customer may go to the “My Account” section, or submit a request to our web department via email at info@nic-impex.com or by mail to the following address: NIC-IMPEX SAS – BP 10120 – 74941 Annecy-Le-Vieux Cedex. Cookies: NIC-IMPEX websites use cookies. A cookie is a computer file stored on the customer’s computer hard drive. Its purpose is to indicate a previous visit by the customer to the site. Cookies are used by NIC-IMPEX SAS solely to personalize the service offered to the customer. The customer retains the option to refuse cookies by configuring their web browser. In doing so, they lose the ability to personalize the service provided to them by NIC-IMPEX SAS via its website. Web Beacons Certain web pages on the https://pro.nicimpex.com website may contain web beacons that allow us to count the number of visitors to the site and/or provide NIC-IMPEX SAS with certain metrics. These web beacons may be used in conjunction with some of our partners, particularly to measure and improve the site’s effectiveness. In any case, the information obtained via these beacons is strictly anonymous and is used solely to compile statistics on traffic to certain pages of the site, with the aim of better serving the site’s customers.
Article 10. Intellectual Property
All documents, text, graphics, images, photographs, or any other content published on the NICIMPEX websites are the exclusive property of NIC-IMPEX SAS and are reserved for the use of NIC-IMPEX SAS. Consequently, they may not be reproduced, exploited, or used for any purpose whatsoever.
Article 11. Customer Service and After sales Support
You can contact Customer Service free of charge by email or phone for any questions regarding your order, its shipment, or tracking: – By phone: 04 50 57 13 51 (local call rates apply) Monday through Friday from 9:00 AM to 12:00 PM and from 2:00 PM to 5:00 PM. – By email at: info@nic-impex.com – By mail: NIC-IMPEX SAS – P.O. Box 10120 – 74941 Annecy-Le-Vieux Cedex.
Article 12. Liability – Force Majeure
NIC-IMPEX SAS shall not be held liable for any events, inconveniences, or damages arising from the use of the Internet, including but not limited to service interruptions, unauthorized access, or the presence of computer viruses. Furthermore, NIC-IMPEX SAS shall not be held liable for the non-performance of the contract in the event of unforeseeable circumstances, force majeure, disruption, or total or partial strikes—particularly of postal services, transportation, and/or communications—flooding, or fire. NIC-IMPEX SAS shall not be liable for any indirect damages arising from this agreement, including loss of business, loss of profits, damages, or expenses that may occur.
Article 13. Governing Law – Disputes
NIC-IMPEX SAS is a company incorporated under French law. French law governs our contractual relationship. In the event of a dispute, the French courts shall have jurisdiction.