GENERAL TERMS AND CONDITIONS OF SALE ON THE INTERNET
These general terms and conditions of sale were amended on 04/05/2017.
Online purchases made on the website www.notshy.fr are subject to the prior acknowledgment and acceptance of these general terms and conditions of sale.
- Items or goods: products of any kind offered for sale (e-commerce service) on the website.
- Customer: non-trading physical person fulfilling the order and holding full legal capacity to contract.
- Order: commitment to buy the items selected by the customer via the e-commerce service on the website.
- Website: the website published by NOTSHY and available at the Internet address www.notshy.fr.
- GTC: general terms and conditions of sale
The NOTSHY website (hereinafter the “website”) is an e-commerce website accessible via the Internet network at the address www.notshy.fr. It is available to any users of this network (hereinafter the “customer”).
It is published by:
MCC SAS (hereinafter “NOTSHY”)
Simplified joint-stock company / RCS Nanterre (Companies Register) B420 972 622
Head office: 31 rue de Sablonville - 92200 Neuilly sur Seine
VAT no.: FR 91 420 972 622
These general terms and conditions of sale (hereinafter “GTC”) apply exclusively between all customers and MCC SAS.
Customers can access the GTC from every page on the website.
Any products ordered on the website assume you have viewed and expressly accepted these general terms and conditions of sale, without such acceptance being subject to a handwritten signature on the part of the customer.
It is specified that customers may save or print these general terms and conditions of sale, provided they do not modify them.
NOTSHY reserves the right to amend these general terms and conditions of sale at any time, without prior notice, it being understood that such modifications will not be applicable to reservations and orders previously accepted and confirmed by the customer.
These GTC apply to the exclusion of any other document.
3. RESERVING ITEMS
The sale of goods on the website is reserved exclusively for retail sale and to individuals.
In any event, the website cannot be used by customers who are individual or groups of professional salespersons, regardless of the method in which they sell their products (more specifically marketplaces on the Internet, shopping malls, intermediaries, physical stores). The customer acknowledges and accepts that the items can only be purchased in quantities that correspond to the average needs of the consumer, both in terms of the number of items ordered in a single order and the number of individual orders placed, bearing in mind the normal quantity ordered by an average consumer for a similar product. NOTSHY reserves the right to refuse an order that has been demonstrably confirmed by a professional salesperson.
All customers declare they have been informed of the unreliable nature of the Internet network, specifically in terms of the relative security of data transmission, lack of guarantees in terms of continuity of access to the website, unreliable performance in terms of the volume and speed of the data transmission and the risk of computer viruses.
NOTSHY hereby notifies every customer of the necessity to implement security measures within their computer or portable or mobile devices that will prevent the spread of viruses.
It is mandatory to go through the website for any claims with respect to the goods purchased online from the website.
Similarly, an item purchased in any of the NOTSHY stores cannot be received via the website services.
4. CREATING A CUSTOMER ACCOUNT
Orders of items placed via the website require the customer to create a customer account.
Customers of legal age can quickly and easily create a customer account under the heading “Create an account”.
Customers can create an account by completing the form provided in which to submit their ID data.
This account is strictly personal, and customers are required to identify themselves before confirming each order.
When creating an account, customers enter data that would enable them to be identified at their full risk and responsibility, control and direction and undertake to provide full, accurate and up-to-date information and shall not attempt to assume the identity of a third party or to hide or change their age.
When creating an account, customers select a username (email) and password.
The system will prompt you to select a different username if the one you choose is already attributed to another user.
Usernames and passwords are personal and confidential and customers are exclusively responsible for such.
Customers undertake to keep their password secret and shall not disclose it under any circumstances and for any reason whatsoever.
Should the customer suspect that their username and password have been used by a third party, customers should notify NOTSHY immediately to change the customer password and/or close their customer account.
NOTSHY therefore reserves the right to close any customer account and to refuse to sell to a customer in the following cases:
- Failure to pay one or more previous orders.
- Misuse, unfair or fraudulent use of the ordering service provided on the website or non-compliance with one of the customer obligations defined in the GTC.
In this event, NOTSHY will send an email to the customer via the address indicated by the customer when creating their account, notifying them that their username and password have been disabled and their account has been closed.
In general, customers will be informed that their account may be closed following the customer’s first request to do so sent to NOTSHY via email.
5. CHARACTERISTICS OF THE ITEMS
The items offered for sale are those featured on the website, and the product offers are valid for as long as they are visible on the site.
They are offered within the limits of their availability as displayed on the website.
NOTSHY reserves the right to withdraw from sale any item on the website and/or to replace or modify any information relating to the items featured on this website.
NOTSHY will notify the customer should an item become unavailable once they have placed their order. The customer’s order will then be automatically cancelled, and the customer shall have no entitlement to a claim, and payment shall only be made for the goods actually shipped.
The goods offered for sale can shipped to the following countries only: mainland France and Europe. NOTSHY cannot ship to French overseas departments and territories.
The characteristics of the items sold on the website (photographs, graphics, item descriptions etc.) are provided for information only and may vary over time. Customers should only consider the image of the item displayed at the time of placing the order. The characteristics and images are non-contractual.
The shipping costs arising from the return of the products shall only be reimbursed if the goods delivered do not correspond to the items ordered (incorrect product code, damaged product, etc.) and at a reasonable cost incurred by the customer for the return of such.
6. ORDERING ITEMS
Any order necessarily implies the customer registration or identification via their customer account. It also implies a payment obligation.
Customers declare they are at least 18 years of age and have legal capacity. If the customer is a minor, the customer guarantees they hold a parental authorisation to transact their order.
To place an order, customers should follow the online purchase process and click “Order” to submit the order.
Payment of the order implies acceptance of these GTC, the price of the goods and of the content of the order.
Following the validation of the payment, NOTSHY shall send the customer a confirmation email to confirm the order.
All orders are subject to the prior acceptance of NOTSHY and are not definitely confirmed until receipt of an notification email of the shipment of the item(s).
If the customer does not receive a confirmation email following their order, they should contact the NOTSHY Customer Service department in accordance with the provisions of article 14 of these GTC.
NOTSHY cannot be liable for data entry errors or the transmission of data entry errors that prevent NOTSHY from sending a confirmation email and/or the goods ordered.
Customers are recommended to print the email confirmation of their order.
For any questions relating to order tracking, customers should view their online customer account or contact the Customer Service department in accordance with the provisions of article 14 of these GTC.
7. PRICE OF THE ITEMS
Prices indicated on the website are in Euros, inclusive of all taxes, excluding processing and shipping costs.
Prices include VAT and any discounts applicable at the time of the order.
Any new tax or levy, in particular environmental, is likely to be reflected in the sale price of the items.
The prices of the goods are exclusive of shipping costs (postage, packing and preparation of the package in accordance with the current charges).
Shipping costs are stated on the website before the order confirmation stage.
NOTSHY reserves the right to modify the price of the items at any time, as they are invoiced based on the tariffs in force at the time of the order confirmation.
The price of the invoiced goods is therefore the price indicated at the time of the order.
If an incorrect price is shown for any reason (e.g. a computer bug), the order will be cancelled. The customer may then opt to place the order again at the new and amended price.
THE CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT THE ITEMS REMAIN THE PROPERTY OF NOTSHY UNTIL THE FULL PAYMENT OF THE ORDER AMOUNT.
8. PAYMENT OF THE ORDER
All the orders are payable in Euros.
The price charged to the customer is the price indicated in the order confirmation sent to the customer via email.
The order is payable immediately by bank card (debit card, Visa, MasterCard, etc. ) or payment account (PayPal).
Once the order has been dispatched, customers will be notified via email that their invoice, including the shipping costs and applicable VAT, is available online in the customer account.
The transactions carried out on the website are entrusted to a secure online payment platform, MERCANET via BNP PARIBAS.
Transactions are secured by a process that provides highly secure pages for entering payment data: card number, expiry date and the visual cryptogram.
This platform encrypts and then transmits this payment data to the bank in strict confidentiality ensures it cannot be accessed by third parties.
9. TERMS OF DELIVERY
9.1. HOME DELIVERY
NOTSHY will deliver your order within five (5) working days from the date of payment of the order by the customer. Please note that orders placed on the website on Friday afternoon, Saturday or Sunday will be processed on the following Monday. Orders placed on the website on a national holiday will also be processed on the next working day.
Goods ordered by the customer will only be shipped to mainland France (excluding French overseas departments and territories), including Corsica and Monaco and to specific European countries (list available on the website), to the address indicated by the customer and may be accompanied by an invoice for a fixed amount for the shipment costs. Customers may request goods to be shipped to an address other than their own. Delivery cannot be guaranteed in the event of force majeure.
In particular, NOTSHY cannot be held liable should the customer fail to notify NOTSHY of a subsequent change of address or for any errors in the address submitted by the customer.
10. RECEIPT OF THE ORDER
Upon receipt of the order, the customer should examine the conformity of the product(s) received in the order. The NOTSHY Customer Service department must be notified of any anomaly with respect to the delivery (i.e.: missing or damaged items, damaged packaging, etc.). NOTSHY may refuse to transact further orders in the event of a non-compliant or improper return of goods.
11. RIGHT OF WITHDRAWAL
In accordance with article L.121-21-8,3° of the French Consumer Code, the right of withdrawal may only be exercised with respect to goods manufactured to the consumer’s specifications or personalised products. Customers may not therefore exercise their right of withdrawal for personalised products.
Exercise the right of withdrawal.
Customers have a period of fourteen (14) days to exercise their right of withdrawal and to return the goods they have ordered at their cost and without providing a reason (excluding personalised products).
This period shall start:
- From the date of delivery of the products at the delivery address indicated by the customer (and, in the absence of the latter, from the date of the first presentation of the package containing the goods).
The customer will notify NOTSHY of their decision to cancel the order by submitting a request in the My account / My orders / Actions / Details or Return an item purchased on the website. Return of the product(s) as part of the right of withdrawal (excluding personalised products).
The customer must return the goods to NOTSHY no later than a period of fourteen (14) days following notification of the customer’s decision to withdraw, in their original condition and packaging (which may have been opened), unworn and unwashed, to the following address: MCC - NOTSHY - 145, rue des Caboeufs - 92230 Gennevilliers. The returned goods must also contain the delivery note included in the package or the invoice sent via email when the order was despatched. You will bear the cost of returning the goods.
Refund of the returned goods under the right of withdrawal
If the above conditions are fulfilled, NOTSHY will refund the customer the total amount of their order (excluding personalised products), it being understood that the customer will bear the cost of returning the goods. The amount will be refunded no later than within fourteen (14) days from the date on which the customer notified NOTSHY of their decision to withdraw.
However, should NOTSHY fail to receive the returned goods or the customer’s proof of postage within this period, the refund will be made on the first of these two dates: receipt by NOTSHY of the goods or receipt by NOTSHY of the proof of postage of the goods by the customer.
All our products have legal warranties, provided the goods were used for the intended purpose and the care instructions were followed.
Legal guarantee of compliant delivery
In accordance with article L.211-4 of the French Consumer Code, the seller shall deliver goods that comply with the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also respond to any lack of conformity arising from the packaging, assembly instructions or installation when the goods were the seller’s responsibility under the contract or carried out under the seller’s responsibility.
Pursuant to article L.211-5 of the French Consumer Code, to comply with the contract the goods must: 1) be suitable for the use that would be anticipated from similar goods, where appropriate: - correspond to the description provided by the seller, with the characteristics exhibited to the customer in the form of a sample or model; - exhibit the characteristics a customer may legitimately expect with respect to public declarations made by the seller, the manufacturer or the manufacturer’s representative, notably in terms of advertising or labelling; 2) exhibit the characteristics defined by mutual agreement by the parties or be suitable for any specific use required by the customer and made known to the seller and which the latter has accepted. Legal warranty against hidden defects
In accordance with article 1641 of the French Civil Code, the seller is bound by the warranty for hidden defects in the goods sold that would render them unsuitable for the intended purpose or which would diminish such use to such an extent that the customer would never have purchased the item, or only at a low price, had they been aware of such defects.
In the event of a legal action for conformity of warranty:
Customers have a period of two (2) years from the date of delivery to proceed to legal action (article L.211-12 of the French Consumer Code).
- The customer may choose between reparation and the replacement of the item (article L.211-9 of the French Consumer Code). However, the seller may not proceed based on the customer’s choice if such choice entails a cost that is manifestly disproportionate compared to the other method, given the value of the goods or the extent of the defect. The seller shall therefore proceed based on the method not chosen by the customer, unless it is impossible to do so.
- The customer is exempted from providing proof of the existence of a lack of conformity of the goods for twenty-four (24) months following the delivery of the goods (article L.211-7 of the French Consumer Code).
In the event of a warranty claim for hidden defects:
- The customer can choose to return the goods and to be refunded the cost of the good, or to retain the goods and to be refunded a portion of the price to be agreed by expert consultation (article 1644 of the French Civil Code).
- The action arising from latent defects must be brought by the purchaser within two years from the discovery of such defect (article 1648 para 1 of the French Civil Code).
In the event of the detection of a lack of conformity or a defect with respect to one or several product(s) within the above deadlines, customers may return the products to the NOTSHY Customer Service department at the following address: MCC - NOTSHY - 145, rue des Caboeufs - 92230 Gennevilliers.
If the above conditions are fulfilled, NOTSHY will exchange the goods exhibiting such lack of conformity or proven defects, the origin of which can be attributed to NOTSHY, or shall refund the customer the amount of such goods and the cost incurred by the customer for returning the products, as applicable.
13. CUSTOMER SERVICE
If you require any information or have questions, to track an order, to exercise the right of withdrawal or to exercise the warranty, customers should email the Customer Service department by completing the contact form on the contact page on the website or by telephone.
By email: email@example.com
By telephone: 01.77.38.83.11
By post: NOTSHY - 18, rue du Mail - 75002 Paris
The goods are guaranteed against a lack of conformity and latent defects under the provisions of articles 1641 to 1649 of the French Civil Code and L.211-1 et seq. of the French Consumer Code, and from the date of delivery:
- Article 1641 of the French Civil Code: the seller is bound by the warranty for hidden defects in the item sold that would render it unsuitable for the intended purpose or which would diminish such use to such an extent that the customer would never have purchased the item, or only at a low price had they been aware of such defects.
- Article 1648 para 1 of the French Civil Code: the action arising from latent defects must be brought by the purchaser within two years from the discovery of such defect.
- Article L.211-4 du French Consumer Code: the seller shall delivery goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also respond to any lack of conformity arising from the packaging, assembly instructions or installation when the goods were the seller’s responsibility under the contract or carried out under the seller’s responsibility.
- Article L.211-5 of the French Consumer Code: to comply with the contract, the goods must:
1) Be suitable for the use that would be anticipated from similar goods and, where appropriate:
- Correspond to the description provided by the seller and exhibit the characteristics presented in the form of a sample or model.
- Exhibit the characteristics that a customer may legitimately expect with respect to public declarations made by the seller, the manufacturer or the manufacturer’s representative, notably in terms of advertising or labelling.
2) Or exhibit the characteristics defined by mutual agreement by the parties or be suitable for any special use required by the customer and made known to the seller and which the latter has accepted.
- Article L.211-12 of the French Consumer Code: customers have a period of two (2) years from the date of delivery to proceed to legal action.
This warranty enables the customer to return the items delivered that are defective or non-compliant for a refund under the above conditions.
15. CONVENTION ON EVIDENCE
The customer acknowledges and accepts that the order registration systems shall show all the transactions between NOTSHY and the customer.
The customer acknowledges and accepts that the proof of acceptance of the GTC is assumed by ticking “I have read and agree to the general terms and conditions of sale”.
The customer therefore acknowledges and accepts that the computer data stored in NOTSHY’s computer servers with the appropriate conditions of security and integrity are considered, irrefutably, as proof of acceptance of the terms of the GTC and the evidence of the transactions between NOTSHY and the customer.
NOTSHY will archive the purchase orders and invoices on reliable and durable media in accordance with the provisions of article 1348 of the French Civil Code, and shall enable the customer to access such information at any time upon request pursuant to provisions of article L.134-2 of the French Consumer Code.
Accordingly, unless the customer can demonstrably prove an error on the part of NOTSHY, the customer shall not contest the admissibility, validity or probative force of the GTC and the content of the order based on any legal provision whatsoever and who will specify that certain documents must be written or signed to constitute proof.
These elements therefore constitute proof and, if they are produced as evidence by NOTSHY in any contentious or other proceedings, shall be admissible, valid and enforceable in the same way under the same conditions and with the same probative force as any document that would be created, received or stored in writing.
The customer may print, download and retain a copy of the GTC in paper and electronic form at any time.
NOTSHY reserves the right to modify these general terms and conditions of sale at any time, without prior notice.
NOTSHY shall describe the goods sold on the website as accurately as possible, and shall ensure the best possible conditions for updating the information displayed there.
However, NOTSHY cannot guarantee the accuracy, precision or completeness of the information made available to customers on the website.
NOTSHY shall not be held responsible in the event of unsubstantial differences between the images of the items on the website, text and illustrations and the items ordered.
The customer acknowledges and agrees that the prices of the items may vary between the website and the stores, and that such price difference shall not constitute a claim for a total or partial refund of the items purchased either on the website or in the stores.
NOTSHY shall not be liable in the event of a breach of one of its contractual obligations arising from a fortuitous event or force majeure as defined by the jurisprudence under French jurisdiction.
In particular, NOTSHY shall not be liable for any non-performance or delay in the processing of orders owing to events beyond its control (“force majeure”).
Force majeure includes any act, non-performance, omission or event beyond the control of NOTSHY including, in particular, (list is not exhaustive):
1) Strikes, closures or other industrial action.
2) Civil unrest, riots, invasion, terrorist attack or threat of a terrorist attack, war (declared or not) or threat of preparations for war.
3) Fire, explosion, tempest, flooding, earthquake, subsidence, epidemic or other natural catastrophes.
4) Inability to use rail, boat, plane, road transport or other methods of private or public transport.
5) Inability to use the public and private telecommunication networks.
6) Acts, decrees, legislation, rulings or restrictions imposed by a government.
7) Strike, failure or accidents of maritime shipping, postal services or others.
The application of the GTC will be suspended for the duration of force majeure and the execution and delivery times will be extended accordingly. NOTSHY will endeavour, as far as possible, to end the force majeure event or to find a solution to enable it to fulfil its contractual obligations despite force majeure.
NOTSHY is solely liable for any direct and foreseeable damage at the time of the use of the website or the conclusion of the contract of sale with the customer, excluding any indirect damages.
NOTSHY grants the customer a limited licence to access and use the site for personal and non-professional or commercial use of the website.
Under no circumstances may the customer download or modify all or part of this website without the express written authorisation of NOTSHY.
This website or any part of this website cannot be reproduced, copied, sold or exploited for commercial or professional purposes without the express written authorisation of NOTSHY.
The customer shall not use techniques to copy a trademark, logo or any other information (notably images, text, models) owned by NOTSHY without the latter’s express written agreement.
NOTSHY authorises the customer, in a non-exclusive and revocable manner, to create a hypertext link to the website homepage, provided such link does not create a false, derogatory, infringing or potentially detrimental representation of NOTSHY or any of its trademarks, or which could be harmful to NOTSHY.
Under no circumstances can the creation of this hypertext link incur the liability of NOTSHY or for any reason whatsoever.
18. PROTECTION OF PERSONAL DATA
The personal data collected on the website is intended for the exclusive use of NOTSHY with the customer’s consent.
NOTSHY shall protect the personal data of its customers.
All the personal data regarding the customer collected by NOTSHY is processed under the strictest confidentiality in accordance with the provisions of law 78-17 dated 6th January 1978 regarding IT, files and freedom for the purposes of order processing.
The information and personal data of customers are essential to process orders, to manage customer relations and to notify customers of all the offers and latest commercial news that may interest them.
The information and personal data may be transmitted to service providers and contractual partners who are involved in and contribute to order processing.
This information and the order processing is also retained for security purposes to comply with the legal and statutory obligations and to enable NOTSHY to improve and personalise the services offered to customers.
In accordance with the law on IT and freedom dated 6th January 1978, the customer has the right of access, rectification and opposition to their personal data.
To exercise this right, customers should send an email or letter to the NOTSHY Customer Service department using the contact form on the website or by writing to: NOTSHY - 18 rue du Mail - 75002 Paris indicating their name, first name, email, address and customer references.
Every request must be signed and accompanied by a photocopy of an ID document bearing the customer’s signature and state the reply address. A reply will be sent within two months of the receipt of the request.
When entering personal data within the website and prior to the collection of such, customers can opt to agree to receive information on the items.
In accordance with the current legislation, such information will only be sent to the customer if the customer has expressly agreed to receive it.
19. PROMOTIONAL OFFERS AND NEWSLETTERS
NOTSHY may send promotional offers to customers via post, email, SMS, telephone or via all the web spaces hosted by NOTSHY or any of its subsidiaries on social networks, subject to prior consent.
The customer reserves the right to oppose, free of charge, such commercial prospection at any time by clicking the link “Unsubscribe” contained in all emails.
When visiting the website, information relating to the user’s browsing habits may be stored in "cookies" installed on their terminal (computer, tablet, smartphone).
The cookies are issued by NOTSHY to facilitate navigation on the website and to enable the customer’s browser to be recognised when they visit the site. The cookies are used to:
- Establish statistics on views (number of visits, pages viewed, cancellation of order processes).
- Adapt the website presentation to the display preferences of the terminals.
- Store information entered in the forms, manage and secure access to reserved and personal areas including the customer account and manage the order basket.
- NOTSHY reserves the right to place cookies on the customer’s computer when visiting the website.
Cookies are small text files sent to the customer’s computer and stored on the hard drive. If the customer is registered with NOTSHY their computer will store a cookie ID that will save the customer time when visiting the NOTSHY website, as it will remember the customer’s email address.
Cookies do not enable customers to be identified, but are used to log the user’s previous visits to the website to help NOTSHY customise its services.
Customers may adjust their browser settings to disable cookies and to prevent cookies from being installed on their computer without their express consent.
Customers may express and modify their requirements regarding cookies at any time as described below.
The website uses IT applications from third parties that enable the customers to share content on the website with other persons or share their opinions with others regarding the content of the website (social networks including Facebook, Google, Twitter, etc.).
When customers visit a website page containing a “Share” or “Like” button, their browser will establish a direct connection with the servers of the relevant social network.
If the customer is connected to the social network while browsing, the relevant buttons will enable them to link the pages visited to their account.
If the customer uses plug-ins, for example by clicking the “Like” button or leaving a comment, the relevant information will be sent to the respective social network and posted on their account.
If the customers does not want social networks to link the information collected via the site to their account, they should log out of the relevant social network before visiting the website.
NOTSHY assumes no liability whatsoever for the content or operation of any social networks, including those that may be linked to the website.
21. INTELLECTUAL PROPERTY
NOTSHY is the exclusive owner of the intellectual property rights regarding:
- The goods for sale on the website.
- The trademarks associated with the goods.
- The website, notably its website tree structure, organisation and header titles, visual and graphic identity, design, ergonomic properties, features, software, text, static or animated images, expertise, drawings, graphics and any other element comprising the website.
- Databases, their structure and content created and managed by NOTSHY for the purposes of publishing the website.
- All the elements with respect to the graphic or technical, etc., creation of the website.
- The names, acronyms, logos, colours, graphics or other signs that could be used, created or implemented by NOTSHY.
It is therefore prohibited to reproduce, in any form whatsoever, directly or indirectly, elements referred to in the preceding paragraph and to modify the trademarks, patents, names, acronyms, logos, colours, graphics or other signs appearing in the elements available within the website and, more generally, to use or exploit such elements other than in the execution of these provisions.
In this respect, any reproduction or use of all or part of these elements is authorised for the sole purpose of information for personal and private use, any reproduction and use of copies made for other purposes is strictly prohibited.
Any other use shall constitute an infringement, unless with the prior written authorisation of NOTSHY, and shall be penalised under intellectual property legislation.
The creation of hypertext links to the homepage of the website or any other website is subject to the prior authorisation of NOTSHY.
22. MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE
In view of the potential development of the website and the regulations, NOTSHY reserves the right to amend the GTC at any time.
The new GTC will, where appropriate, be brought to the customer’s attention by an online modification and will only be applicable to sales made after such amendment.
23. APPLICABLE LAW
These GTC are governed by French law. Should the customer and NOTSHY fail to reach an amicable agreement, all disputes will be subject to the exclusive jurisdiction of the French courts of the customer’s place of residence.
These GTC will not affect the customer’s legal rights as a consumer. For more information on customer rights, customers should contact their local authority or a consumer advisory body.