These General Terms and Conditions of Sale (hereinafter “GTC”) are concluded exclusively between (1) the company MCC SAS (hereinafter referred to as “NOTSHY”), registered with the RCS of Nanterre under number B420 972 622 whose registered office is located at 18 rue du Mail – 75002 PARIS, in its capacity as publisher of the website www.notshycashmere.com, e-commerce service of the site, exclusive holder of the operating licence on the web for the NOTSHY brand (hereinafter referred to as “the site”) and (2) anyone making a purchase on the NOTSHY site (hereinafter referred to as the “Customer”).
VAT number: FR 91 420 972 622 The Customer hereby formally declares that they are an individual, natural person, non-professional, non-trader, that they are of legal age or have parental authorisation, and that they have full and complete legal capacity to enter into a contract by placing an online order through the www.notshycashmere.com website (hereafter, NOTSHY).The Customer and NOTSHY jointly agree that their relations are governed exclusively by these General Terms and Conditions of Sale. In this regard, the Customer acknowledges that any order confirmed by "clicking" implies irrevocable adherence to these General Terms and Conditions of Sale.

This confirmation by the Customer associated with the authentication and non-repudiation procedure along with the protection of message integrity constitutes the unequivocal demonstration of the will of the Parties deemed to be signatories in the act of distance selling.

NOTSHY reserves the right to adapt or modify these General Conditions of Sale at any time. Each order will be deemed to have been agreed according to the terms of the GTC in force on the day of that order being placed on the NOTSHY site, the date of posting of the GTC being the date it enters into force. For any question relating to an online purchase, the Customer can contact the NOTSHY Customer Service by: - Either, directly on the site, through the contact form available at the bottom of the page, in the section "SERVICES", "Contact us", - Or on +33 (0)1 76 27 84 97, Monday to Saturday from 7 a.m. to 9 p.m. Or by email to serviceclient@notshy.fr



 

To place an order on the NOTSHY site, the Customer will be guided through the following steps:
- Selection of products on the site in the "Basket",
- Choice, when proposed, of the delivery method for the products displayed in the “Basket”,
- Presentation of the summary of the order, which can be modified, and its total price,
- Choice of payment method,
- Sending of an order validation email to the Customer confirming their registration after acceptance of their payment.

The order validation email sent to the Customer confirms NOTSHY's acceptance of the Customer's order, and confirms the formation of the sales contract between the Parties.
 

The products displayed on the NOTSHY site at any given moment are in principle deemed to be available in stock at that moment, except for a limited time offer in the context of a particular operation expressly mentioned as such on the product page.

This prior availability is checked after the order has been accepted for payment and is confirmed when NOTSHY sends the shipping email.
In the event of unavailability of one or more products, NOTSHY undertakes either to offer the Customer a new delivery date for the product(s) ordered or to reimburse them by crediting the means of payment used for the purchase, and this within 14 calendar days of payment of the order.

Product and price offers are deemed to be those displayed during checkout shown by the “BASKET” page of the NOTSHY website. Thus, only the price indicated on this page, corresponding to that invoiced to the Customer when ordering, is valid and binds NOTSHY from a contractual point of view. Therefore, NOTSHY cannot be held responsible for any typographical error on any other page that may occur on graphic and/or promotional parts of the site.
 

The prices displayed on the NOTSHY site are expressed in euros (€) and are understood to be public prices, all charges included, as may be applicable in mainland France on the date of consultation of the said offers. The VAT applied is that in force on the date the order is placed. The specific taxes, apart from VAT, applicable according to the regulations (such as the furniture ecotax or the ecotax share), are only indicated on the basket page, the only valid page as indicated in the last paragraph of article 2 above.
 
All product prices are displayed on the NOTSHY website excluding postage or any other ancillary service. They only include the price of the product itself, as described, and its packaging.
 
NOTSHY reserves the right to modify its prices at any time but undertakes to apply the prices displayed at the time of placing the order, subject to availability on that date.
 
The products remain the property of NOTSHY until it receives full payment of the price.
 

4.1 PAYMENT TERMS

Regardless of the payment method chosen from those accepted on our site, orders will only be deemed registered after validation or receipt of payment.
Thus, the order cannot be prepared by NOTSHY services until payment is confirmed by the intermediary chosen by the consumer.

4.1.1 Cash payment by credit card

Payment can be made by the following bank cards: Credit Card, VISA, MASTERCARD and AMEX.
The Customer can consult the Terms and Conditions of Sale and Use of each of these bank cards on the sites of our partners.
The choice of one of these payment cards implies tacit acceptance of the terms and conditions of sale and use of said partners.
Our customers should refer to it; NOTSHY cannot be held responsible for the conditions thus imposed by these independent partners.

Online payment by Apple Pay. Customers are invited to log in to their Apple account, choose the pre-registered bank card they wish to use and validate.

Online payment by credit card is completely secure and allows the card number, expiry date and security code to be entered in the appropriate spaces. Credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly with the bank. NOTSHY has no access to these details and cannot store them on its servers. This is why they are requested with each new transaction on our site.

4.1.2 Cash payment by PayPal

Payments by PayPal are accepted on the NOTSHY site and are then carried out through the intermediary of the partner in question and according to its own terms and conditions of sale and use of its services.
Choosing this form of payment implies tacit acceptance of the Partner's terms and conditions of sale and use.
Our customers should refer to it; NOTSHY cannot be held responsible for the conditions thus imposed by these independent partners.
Terms and Conditions of Sale and Use of PayPal

4.1.3 Cash payment by Alma

By selecting installment payment via Alma, the customer agrees to Alma's terms of use available on their website (installments in 2 or 3 interest-free payments for purchases over €250). NOTSHY disclaims any responsibility regarding these terms. Approval of installment payment is subject to Alma's decision. In case of rejection, the customer must choose another payment method.

 

 4.2 FIGHT AGAINST FRAUD

 NOTSHY reserves the right to check the validity of the payment, before shipment of the order, by any means it deems necessary (including identity documents, proof of address, etc.).

4.3 PAYMENT INCIDENT

NOTSHY reserves the right to refuse to make a delivery or to honour an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. In case of fraud, NOTSHY reserves the right to terminate any member without notice or compensation.

6.1. CONDITIONS FOR EXERCISE OF THE RIGHT OF WITHDRAWAL


Time limit in accordance with the provisions of Article L. 121-21 of the Consumer Code, the Customer has a period of 14 calendar days to exercise their right of withdrawal, without any need for justification. The period runs from the day following receipt of the order.
This excludes products made according to customer specifications, or those clearly personalised, whether made or not, which cannot be the subject of a right of withdrawal on the part of the Customer pursuant to article 121-20-2 of the Consumer Code.
In the case of an order relating to several items delivered separately, or in the case of an order for a product made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last product, batch or final piece.
The customer has 30 days from the day of receipt of the package (the delivery date being used) to return the items to us.

Exercise of the right of withdrawal

To exercise their right of withdrawal, the Customer must make a return request on the NOTSHY website in the "My account" / "My orders" section, before the expiry of the aforementioned 14-day period.
 
For returns made from Metropolitan France, a return form and a pre-paid return label will be issued and made available to the customer.
To proceed with the return, the customer must attach the return form to the item(s) they wish to return in the package and follow the instructions on the return label.

For returns from other countries, the return shipping fees are at the customer's expense. A return form will be issued and made available to the customer in their "My account" / "My orders" area for the order concerned.
To proceed with the return, the customer must attach the return form to the item(s) they wish to return and send the package to the address indicated in the return steps available on the site.

This return service is only available for orders placed on the NOTSHY website. Please also note that NOTSHY does not offer an exchange service.

 Loss of the right of withdrawal

Pursuant to Article L 121-21-8 of the Consumer Code, it should be noted that the right of withdrawal cannot be used for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of their right of withdrawal;

2° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the merchant and which may occur during the withdrawal period;

3° Supply of goods made to the consumer's specifications or clearly personalised;

4° Supply of goods likely to deteriorate or expire rapidly;

5° For the supply of goods which have been opened by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;

7° Supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed upon conclusion of the contract depends on fluctuations in the market beyond the merchant's control;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to respond to the emergency;

9° Supply of audio or video recordings or computer software when they have been opened by the consumer after delivery;

10° Supply of a newspaper, journal or magazine, except for subscription contracts to such publications;

11° Concluded during a public auction;

12° Provision of accommodation services, other than residential accommodation, of transport services for goods, car rentals, catering or leisure activities which must be provided on a specific date or period;

13° Supply of digital content not supplied on a physical medium, the execution of which has begun after the consumer's express prior agreement and express waiver of their right of withdrawal.

Product Condition

To exercise this right of withdrawal, the returned product must be returned in a condition allowing its immediate resale. The product must therefore be returned in its original packaging (which may have been opened), unworn, unwashed and with its label. NOTSHY reserves the right to refuse reimbursement of the product if not all of these conditions are met.

Terms of reimbursement

In the event of exercise of the right of withdrawal within the aforementioned period, and in accordance with the provisions of article L121-21-4 of the Consumer Code, NOTSHY will reimburse the Customer for the price of the returned product(s), after deduction of the costs of return (see exercise of the right of withdrawal) within a period of 14 calendar days from receipt of the goods in the NOTSHY warehouse.

Reimbursement will always be made on the basis of the sums actually paid for the products by the Customer, as indicated on their invoice. However, NOTSHY will not reimburse delivery costs.
NOTSHY will refund by crediting the payment means used for the purchase.

Return shipping charge

The return shipping costs are free of charge for all orders in Metropolitain France.

For orders outside of Metropolitain France, the return shipping costs are at the customer's expense

If during the unpacking of their products and within 14 calendar days of receiving them the Customer discovers that a product does not comply with their order or with the product sheet (example: product error, model, colour, other) NOTSHY then undertakes to replace it or to reimburse the Customer for all of their costs as soon as the defect is noted and confirmed.
 
To do this, the Customer must contact NOTSHY Customer Service to make their claim and follow the given procedure.
After receipt of the duly returned product and verification of the non-compliance or damage reported by the Customer, NOTSHY may at its sole discretion,
- Either send a new product to the Customer, at no additional cost,
- Or refund the sums paid when purchasing this product.
Any other potential defect during the "life" of the product will be assessed in the context of recourse to the after-sales service.
 

Apart from the commercial or legal guarantee, the Customer can always contact the NOTSHY Customer Service with their questions relating to the use of a product, its maintenance procedures or to order a part that has become defective.

 

All elements of the NOTSHY site, visual or audio, including the brand, logo, texts, photos, videos and domain name, are protected by copyright, trademark law or patents. The Publisher of the NOTSHY site holds an exclusive licensing and operating agreement granted by their owner. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to other or more restrictive provisions of the Intellectual Property Code.
Any total or partial reproduction of the NOTSHY site or any of its audio, visual or text content is strictly prohibited without express and prior written consent.
 

For all stages of access to the site, the ordering process, delivery, Customer service or subsequent services, NOTSHY only supports an obligation of means. Consequently, NOTSHY cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure in accordance with case law.
In addition, NOTSHY cannot be held responsible in the event that the order is not successful, or if it is prevented from respecting any of its obligations due to a case of force majeure within the meaning of case law, and in particular in the event of bad weather preventing the delivery of the order.

 

In the event that any one of the clauses of this contract is declared void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with all the other provisions of these Terms and Conditions of Sale.
 

These GTC apply for the entire duration of the online services and products offered by NOTSHY.
 

The computerised registers, kept in the computer systems of NOTSHY and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties.
 
 

The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.
 

These conditions are subject to French law.
In the event of a dispute, NOTSHY and the Customer will attempt to resolve it amicably, either within the framework of a conventional mediation procedure or any other alternative method of dispute resolution. In case of failure to resolve the dispute, only the French courts will be competent.
 

For any information or questions, NOTSHY Customer Service is available to the Customer:
- Either by telephone on 01.76.27.84.97 from 7 a.m. to 9 p.m., Monday to Saturday.
- Or electronically via the contact form available on the site.
For all ensuing electronic correspondence, and in order to facilitate and speed up the processing of requests, the email address given for the Customer account should be used.
 

In accordance with the provisions of Law No. 78-17 of 6 January 1978 known as the "Data Protection Act" relating to data processing, files and freedoms, the automated processing of personal data carried out on the NOTSHY website is subject of a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL). The collection of your personal data is mandatory for the management of your purchases and the follow-up of your orders. Your personal data is intended for NOTSHY and all of its partners charged with managing your orders and deliveries and the administrative authorities concerned.

Subject to your consent, the collection of your personal data may also allow you to receive our newsletters, promotional or commercial offers from the NOTSHY site or from its business partners.

All persons have a permanent right to access, modify, rectify and delete personal data concerning them in application of articles 39 and 40 of the law "Data Protection Act" n° 78-17 of 6 January 1978. To exercise this right, send a letter to the postal address NOTSHY- 18 rue du Mail – 75002 PARIS.

Security of your personal data

NOTSHY undertakes to comply with the provisions of the "Data Protection Act" of 6 January 1978.

NOTSHY ensures optimal security measures against the loss, misuse and alteration of information entrusted to it by Internet users. All data received on the NOTSHY website is backed up daily and stored on backup media.

Cookies

While browsing the Site, navigation cookies may be installed on the visitor's computer and information recorded relating to that navigation by the visitor's computer on the Site, such as the pages consulted, the date and time of consultation, etc. A banner stating the passing of such information is then displayed which the visitor can refuse to permit. At any time, the visitor can deactivate the installation of cookies by setting the configuration of their Internet browser accordingly.

While most browsers are set to accept the installation of cookies by default, the visitor can disable the use of cookies by selecting the appropriate settings on their browser. However, the refusal of cookies and other connection tools is likely to prevent access to certain features, pages and/or areas of the Site, which the visitor expressly declares to accept.

To find out more about cookies, please click here

Google Analytics

NOTSHY reserves the right to track the visitor's use of the Site through the use of analysis services for Internet sites known as Google Analytics, provided by the Company Google Inc. The Google Analytics system uses cookies (see paragraph above).
The data thus generated by the cookies concerning the user's use of the Site (including the connection IP address) will be transmitted and stored by the Company Google Inc on servers located in the United States. This data will be used for the purpose of evaluating the use of the Site, compiling reports on the activity of the Site for NOTSHY and to provide other services relating to the activity of the Site and the use of the Internet network.

The Company Google Inc may communicate this data to third parties in the event of a legal obligation or when these third parties process this data on its behalf, including in particular the publisher of this site. Google Inc. will not cross-reference the visitor's IP address with any other data it may hold. The visitor has the option of disabling the use of cookies by selecting the appropriate settings in their browser. However, such deactivation could prevent the use of certain features, pages and/or areas of the Site, which the visitor expressly declares to accept. By using the Site, visitors expressly consent to the processing of their personal data by Google Inc under the conditions and for the purposes described above.