Terms of sale
Last update : 18/01/2021
Terms and conditions of sale
NodOn SAS is a société par actions simplifiée (simplified joint stock company) with capital of €1,163,810, registered in the Orléans Trade and Companies Register under number 790 772 214, with registered offices at 121 rue des Hêtres 45590 Saint Cyr en Val (France). NodOn SAS manufactures and sells electrical accessories for connected housing under the NodOn brand.
NodOn SAS makes these terms and conditions of sale available on a durable medium and downloadable from the nodon.fr website prior to placing an order.
The placing of an order by the Customer implies irrevocable acceptance of these terms and conditions of sale, which the Customer acknowledges having read before placing the order.
NodOn SAS reserves the right to modify these terms and conditions at any time and at its sole discretion. The general terms and conditions that apply to the Customer are those that appear on the website at the time the order is placed and that were sent to the Customer after the order was placed.
By placing an order for Products, the Customer warrants that he/she has full authority to do so.
Definitions
Customer” refers to the merchant placing an order.
Products” refers to all goods sold by NodOn SAS.
Consequently, it is agreed as follows:
1. PURPOSE
The purpose of these general terms and conditions of sale is to define the conditions and agreements for the sale of Products by NodOn SAS to the Customer. They exclusively govern the contractual relationship between NodOn SAS and the Customer.
2. APPLICABILITY OF THE CGV
By placing an order of any kind, the Customer acknowledges having read and accepted them. These general terms and conditions of sale apply to all Products sold by NodOn SAS for all orders placed by the Customer in France and abroad, regardless of the place of delivery.
They are applicable to the Customer as soon as the order is placed, and remain so until the rights and obligations of each party have been fully performed.
3. PRODUCTS OFFERED FOR SALE
The Products referred to in these terms and conditions of sale are all products sold by NodOn SAS.
4. ORDERS AND EXECUTION
Prior to any order, the Customer must create an account by filling in a form. The Customer can request this form at the following address: orders@nodon.fr.
Once the opening of an account has been validated by NodOn SAS, the Customer will receive price lists, promotions and access to the catalog, and will be able to place an order by e-mail at the following address: orders@nodon.fr. This order must be made formally in PDF format.
The Customer's order must include all the information required for proper delivery, i.e. :
- The exact specification of the Products ordered (exact references, designation, price and quantities)
- Logistical information: delivery address, names and contact details of logistical contacts (telephone, e-mail, etc.).
- Logistical specifications: opening hours of delivery points, logistics charter, etc.
Once the order has been received and validated, NodOn SAS will send an order confirmation to the Customer with details of the Products ordered and the date on which they will be able to fulfil the order, subject to stock availability. The Customer will receive an invoice for the Products ordered upon delivery of the Products.
All orders received and confirmed by NodOn SAS are firm and final. The Customer may not cancel the order for any reason whatsoever.
For “labeled” Products (sold under a brand other than NodOn), a 5% tolerance is allowed on the number of Products manufactured, which the Customer acknowledges and accepts.
If you have any questions about your order, please contact NodOn SAS by telephone on 02 38 25 16 47, Monday to Friday, 8.30am to 12.30pm and 2pm to 5.30pm.
5. DELIVERY AND TRANSPORT
Products will be sent to the address indicated in the Customer's order. If the Customer wishes to have the Products delivered to another address, or if the address indicated is false, the Customer must inform NodOn SAS and rectify the delivery address. If the Products are sent to the wrong address due to the Customer's fault, NodOn SAS cannot be blamed for the delay in delivering the Products. If the Products are returned to NodOn SAS due to an incorrect address, the Products will be returned to the Customer at the Customer's expense.
The delivery time is indicated on the order confirmation e-mail for information purposes only. NodOn SAS cannot be held responsible for any delay in delivery. The Customer may not cancel the order or refuse to receive the Products on the grounds of late delivery.
By default, delivery is made under the EXW Incoterm. However, other delivery options may be considered at the Customer's request, subject to acceptance by NodOn SAS.
Upon receipt of the Products, the Customer must sign a delivery note.
6. TRANSFER OF OWNERSHIP AND RISKS
The sale of Products is subject to retention of title. NodOn SAS therefore retains ownership of the Products until the Customer has paid for them in full. The Customer undertakes not to promise the Products to a third party until they have been paid for in full.
The transfer of risks takes place according to the EXW Incoterm, unless another type of delivery has been agreed.
7. COMPLAINTS
Any complaint concerning the Products must be sent to NodOn SAS, within seven (7) working days of receipt of the Products, to the following e-mail address: support@nodon.fr. Complaints made more than seven (7) working days after receipt of the Products will not be accepted. Each complaint must indicate the order number and a detailed description of the problem encountered, with photographs to support the complaint.
The Customer must keep the Products in their original packaging, so as to be able, if necessary, to return them to NodOn SAS or have them appraised. The Products must not have been used, otherwise the claim will not be accepted.
If the Products are damaged due to the fault of NodOn SAS, or if the Products do not correspond or do not conform to the Customer's order, the Customer may, at his or her option, obtain either a replacement of the Products or a credit note for the amount of the order. These are the only means of providing a solution to the Customer, who may not claim any other compensation.
8. RETURN OF PRODUCTS TO NodOn SAS AFTER COMPLAINTS
When NodOn SAS receives a complaint, it examines it to determine what action to take. NodOn SAS may request the return of Products at the Customer's expense to the following address: NodOn SAS - 121, rue des Hêtres - ZA la Saussaye - 45590 Saint Cyr en Val.
If, following NodOn SAS's request, the Customer does not return the Products concerned by the complaint, it will be considered that the Customer accepts the Products as is and NodOn SAS will not proceed with the complaint.
The Customer shall be responsible for the condition of the packaging and for any loss or damage to the package sent.
9. WARRANTY
9.1 - NodOn SAS warrants that the products offered for sale are free from defects in design, material or workmanship. As such, they are covered by a warranty against hidden defects (9.2) and a commercial warranty (9.3) under the conditions defined below.
9.2 - Warranty against latent defects: NodOn SAS warrants products against latent defects as defined by article 1641 of the French Civil Code, for a period of two (2) years from the date of manufacture affixed to the products.
9.2.1 - Under this warranty, NodOn SAS shall, at its option, either reimburse the customer for the purchase price of the defective product, or replace the defective part or product, to the exclusion of any other remedy, compensation or damages of any kind and for any reason whatsoever.
9.3 - Commercial warranty: Products sold by NodOn SAS are covered by a commercial warranty for a period of two (2) years from the date of invoicing of the product by NodOn SAS to its customer.
The commercial warranty does not apply in cases covered by the CPG appendix below.
In the event of malfunction of a Product during the warranty period, the Customer must inform NodOn SAS at the following address: support@nodon.fr.
9.3.1 - To be taken into consideration, any defective Product under warranty must be returned to NodOn SAS, after acceptance by NodOn SAS in the form of a return document issued by NodOn SAS, by e-mail (NAR number).
The Customer must return the disputed Product at his or her own expense with the NAR number to the following address: NodOn SAS - 121, rue des Hêtres - ZA La Saussaye - 45590 Saint Cyr en Val - France.
NodOn SAS will return the repaired Product or a new Product to the Customer free of charge.
9.3.2 - Product returns are always at the Customer's risk and expense.
9.4. Warranty exclusions
9.4.1 - All parts, consumables and power supplies, such as but not limited to batteries, cells and lithium packs, are excluded from the warranty referred to in article 9 of these general terms and conditions of sale. Defects and deterioration of the products delivered as a result of abnormal storage and/or conservation conditions at the customer's premises, in particular in the event of an accident of any kind whatsoever, shall also not entitle the customer to the warranty owed by NodOn SAS.
9.4.2 - The same shall apply to defects and deterioration caused by normal wear and tear, by an external accident, negligence, malice, faulty and/or abnormal implementation or use of the products and/or use that does not comply with NodOn SAS instructions and/or protection and safety standards and/or regulations in force, or by interventions by third parties, or by exceptionally harsh conditions of use (damp, acidic or very dusty environment, excessive temperatures, chemical emanations, etc.).
9.4.3 - Finally, all warranties are excluded for incidents caused by fortuitous events of force majeure.
10. PRICES AND TERMS OF PAYMENT
The prices of the Products are sent to the Customer once his/her account has been created.
The price payable by the Customer is that indicated on the invoice sent to him/her at the time of delivery of the Products. The Customer is responsible for any taxes applicable in the country of destination.
The price must be paid by bank transfer to NodOn SAS within 30 days of the invoice date, unless another payment deadline has been specified in the order confirmation e-mail. Any delay in payment of an invoice by its due date shall automatically incur late payment penalties at a rate equal to three (3) times the legal interest rate and the basic collection indemnity rate of forty (40) euros.
11. INTELLECTUAL PROPERTY
The Products, website and its content, in particular trademarks, logos, images, designs, texts, photographs, graphic charts and databases are the property of NodOn SAS. Therefore, any reproduction, representation, publication, use, commercialization or use of any of these elements is forbidden unless authorized by NodOn SAS.
The Customer undertakes not to engage in unfair competition with NodOn SAS.
12. LIABILITY
At most, NodOn SAS can only be held liable for the reimbursement or replacement of defective Products. Consequently, and regardless of the nature or extent of the alleged defect or breach, NodOn SAS shall not be held liable for any direct or indirect, material or immaterial damage to persons or property resulting from the failure of the Products it has sold or manufactured, subject to legal obligations.
13. INSURANCE
The Customer undertakes to take out an insurance contract with an insurance company that is reputed to be solvent, with representation in France, to cover its civil liability in the context of its activities as well as damage caused within the framework of this agreement.
14. PERSONAL DATA
When creating an account, the Customer must accept that NodOn SAS collects and uses the data communicated for administrative, commercial and statistical purposes. NodOn SAS undertakes to protect the Customer's personal data by default and as soon as it is collected, by appropriate physical and IT means.
With regard to personal data and its processing, the Customer has a right to information, a right to object, a right to access, a right to rectify, a right to be forgotten, a right to portability and a right to restrict processing in accordance with the European Data Protection Regulation. To exercise these rights, the Customer must send a written request to the following address: NodOn SAS - 121, rue des Hêtres - ZA La Saussaye - 45590 Saint Cyr en Val or by e-mail to contact@nodon.fr. A reply will be provided within one month.
The Customer must correct or update any personal data that is incomplete or erroneous.
NodOn SAS reserves the right to send the Customer a newsletter, its commercial offers or information on special operations organized by NodOn SAS via the e-mail address provided by the Customer when creating his/her account. If the Customer no longer wishes to receive these offers, he/she may unsubscribe at any time by clicking on the link indicated for this purpose in these commercial prospecting e-mails.
Customers are informed of the use of cookies, which enhance site performance and offer them the opportunity to easily share content and improve their browsing experience by storing non-sensitive information on their computer. The Customer must expressly agree to the use of these cookies, failing which the Customer's personal data will not be collected or processed. If the Customer refuses the presence of cookies, the functionalities of the website may be reduced, but may still be possible.
15. FORCE MAJEURE
NodOn SAS shall not be held liable for the non-performance or delay in performance of its obligations in the event of force majeure. If NodOn SAS is faced with a case of force majeure, it will inform the Customer as soon as possible.
Force majeure is any irresistible, unforeseeable, unavoidable, external event or circumstance beyond the control of the parties. The following in particular are considered to be cases of force majeure, in addition to those usually accepted by the jurisprudence of French courts and tribunals: total or partial strike inherent or not in the company, blockage of postal services or road, sea or air transport, epidemic, earthquake, fire, storm, flood, water damage, blockage of telecommunication means, blockage of the Internet, legal or governmental restrictions, regulation or modification of forms of marketing, etc.
16. LEGAL AND ADMINISTRATIVE AUTHORIZATIONS
The Customer warrants that it has obtained all necessary legal and administrative authorizations to carry out its activity. The Customer guarantees to comply with import and export laws and to complete all customs formalities.
17. ELEMENTS OF PROOF
The Customer acknowledges and accepts that information contained in the NodOn SAS computer system has the same evidential value as paper documents. Records of orders and invoices are kept on a reliable and durable medium so that they can be used as evidence.
18. INDEPENDENCE OF CLAUSES IN THE GENERAL TERMS AND CONDITIONS OF SALE
Should any clause of these general terms and conditions be declared null and void or inapplicable by a court decision, the other clauses of these general terms and conditions shall remain fully applicable.
19. INDEPENDENCE OF THE PARTIES
The parties are independent of each other and neither party may act or represent itself as agent, shareholder, partner or representative of the other party.
20. INTEGRALITY
These general terms and conditions of sale constitute the entire agreement between the parties and supersede any other document or agreement between the parties not provided for herein.
21. APPLICABLE LAW
These terms and conditions are governed by French law.
22. DISPUTE RESOLUTION
Any disagreement or dispute relating to these terms and conditions of sale, the placing of an order, a payment or a clause shall be submitted to the exclusive jurisdiction of the courts of Orleans, notwithstanding multiple defendants.