Between the company NESSIYA PARIS, registered in the Trade and Companies Register of Bobigny under SIRET number 951493154 represented by RAHMANI INES as sole trader of the company, duly authorized for the purposes hereof. The company can be contacted by e-mail at the following address: nessiyaparis.contact@gmail.com as well as on the following number: 06 95 64 37 57. Hereinafter the “Seller” or the “Company”.
On the one hand, and the natural or legal person purchasing products or services from the company, hereinafter, "the buyer", or "the customer" On the other hand, the following has been set out and agreed:
PREAMBLE :
The company NESSIYA PARIS is a seller of ready-to-wear and accessories exclusively for consumers, marketed via its website https://nessiya.com, the list and description of the goods and services offered by the company can be consulted on the aforementioned site.
ARTICLE 1: Purpose and general provisions
The aforementioned general terms and conditions of sale set out the rights and responsibilities of each party involved in the online sale of products offered by the seller.
These general terms and conditions of sale (GTC) are valid for all sales of products made on the Company's website, which form an integral part of the contract between the buyer and the seller.
The seller reserves the right to update the T&Cs at any time by publishing a new version on its website.
The T&Cs in effect at the time of payment of the order (or of the first payment in the case of multiple payments) will apply.
These T&Cs can be viewed on the Company's website at the following address: https://nessiya.com
To ensure clear and unconditional acceptance, the Company uses a checkbox and a validation click.
The customer confirms having read and accepted without restriction or reservation all of the general conditions of sale, as well as the specific conditions of sale applicable to a given product or service.
The Customer acknowledges having received the advice and information necessary to ensure that the offer meets his needs.
He declares that he is authorized to enter into a legal contract under French law, or to validly represent the natural or legal person for whom he is making a commitment.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 2: Access to the Site
Access to the Site requires terminal equipment connected to the Internet, and all costs relating to your digital environment (computer hardware, software and network connection), including Internet connection costs, are your responsibility.
NESSIYA PARIS reserves the right to refuse access to the site to any person who does not comply with the general conditions of sale and use in force.
ARTICLE 3: Price
The prices of the products offered for sale on the websites are in euros and excluding taxes. The product description pages display precise and detailed prices.
Prices are also displayed in euros including all taxes (VAT + other possible taxes) on the order page, but do not include specific shipping costs.
Products shipped outside the European Union and/or the French overseas departments and territories are invoiced excluding taxes. Customs duties or other local taxes, import duties or state taxes may be payable in certain cases.
These costs are not the responsibility of the seller and will be borne by the buyer, who will be responsible for reporting and paying them to the relevant authorities. The seller recommends that the buyer contact the relevant local authorities for information on these costs.
NESSIYA PARIS reserves the right to modify prices at any time. The applicable price is the one in effect at the time the order is confirmed. Delivery charges are additional and their amount is indicated upon order confirmation.
In exceptional cases where the price of an item is indicated incorrectly, and is clearly derisory compared to its real value, the order may be cancelled.
The products remain the property of NESSIYA PARIS until full payment of the price.
ARTICLE 4: Conclusion of the online contract
The ordering process for each product offered by the seller involves several specific steps that the customer must follow.
However, the steps described below are common to all orders:
- Information on the essential characteristics of the product;
- Selection of the product, including its options and indication of the customer's essential data (Identification, address, etc.);
- Acceptance of these general conditions of sale;
- Checking the order elements and, if necessary, correcting errors;
- Monitoring of payment instructions and payment for products;
- Delivery of products.
Once the order is placed, the customer will receive an email confirmation of the payment of the order and an order acknowledgment confirming it.
This confirmation constitutes an electronic signature on the part of the customer, equivalent to a handwritten signature, and firm and definitive acceptance of the sale.
The customer will receive a copy of these general terms and conditions of sale in .pdf format upon express request by e-mail.
In the event of delivery of products, these will be shipped to the address provided by the customer.
In order to ensure the correct execution of the order, and in accordance with article 1316-1 of the civil code, the customer undertakes to provide accurate identification information.
The seller reserves the right to refuse an order in the event of abnormal demand, bad faith or for any other legitimate reason.
ARTICLE 5: Products and services
NESSIYA PARIS provides the buyer with the essential characteristics of the goods and services as well as their respective prices on its website. The customer confirms that he/she has been informed in detail of the delivery costs, payment terms, delivery and execution of the contract.
NESSIYA PARIS undertakes to execute the customer's order as long as product stocks are available. Otherwise, the seller informs the customer in the event of a stock shortage, so the product is no longer available on the website and the seller also notifies its customers on the social network Instagram of the restocking of the stock.
The contractual information is presented in French with an adequate level of detail. It is summarized and confirmed when the order is validated in accordance with French legislation.
The parties agree that the illustrations or photos of the products offered for sale have no contractual value, in fact the colors presented in the catalog may vary slightly in reality due to flash, brightness, etc.
Unless otherwise stipulated, the rights granted in accordance with these General Terms and Conditions are exclusively intended for the natural person who signed the order (or the person who owns the email address provided).
In accordance with the legal provisions relating to conformity and hidden defects, the seller will refund or exchange defective products or those which do not correspond to the order.
Promotional offers are subject to specific conditions which will be clearly indicated on our website. Items on sale or subject to promotion may only be exchanged while stocks last.
Refunds can be requested in the following ways: Please contact us via the form on the website or by email at the above address.
ARTICLE 6: Comments, Feedback and Other Submissions
If you provide us with specific content such as creative ideas, suggestions, proposals, plans, or other materials, whether in response to our request or not, you grant us the right to edit, copy, publish, distribute, translate, and otherwise use such feedback in any media at any time without restriction.
We are under no obligation to maintain your comments in confidence, to compensate you, or to respond to them.
We reserve the right to remove any content or account containing content that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise violate any party's intellectual property rights or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or intellectual property right.
You also agree that your comments will not contain any illegal, offensive or obscene content, or any computer virus or malware that may affect the operation of the service or the website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise attempt to mislead us or third-parties as to the origin of any comments.
You are entirely responsible for the accuracy of any comments you post, and we accept no liability whatsoever for any comments posted by you or any third-party.
ARTICLE 7: Retention of title clause
The products remain the property of the company until full payment of the price.
ARTICLE 8: Delivery terms
The delivery of the products is made to the address indicated by the customer when ordering, within the specified time. It should be noted that this time does not include the time taken to prepare the order.
Once the order has been shipped, the customer will receive an email containing the tracking number of their package. If the delivery is delayed, the seller provides a telephone contact point on the Instagram social network as well as on the website to allow the customer to follow the progress of their order.
It is the customer's responsibility to check the condition of the products upon receipt. If any anomalies are found, such as an incomplete order, damaged, torn or open packaging, you must refuse delivery and note these reservations on the delivery slip. It is also recommended to inform the carrier of any defects found.
If you wish, you can also contact NESSIYA PARIS using the contact details provided above to inform them of these anomalies.
Finally, if you make an error in providing your contact details, NESSIYA PARIS cannot be held responsible for any delay or impossibility of delivering your order.
In such a situation, NESSIYA PARIS reserves the right to suspend delivery until the problem is resolved.
NESSIYA PARIS’s responsibility:
Article L 221-15 of the Consumer Code states that the seller is obliged to deliver or have the item delivered once the order has been placed.
Also, article L 216-2 of the aforementioned code provides that in the event of a lost package, failure to deliver may result in the termination of the sales contract.
Finally, article L 216-3 of the same code provides that the seller is required to reimburse the sums advanced.
In other words, NESSIYA PARIS undertakes at the time of validation of the order, to deliver the item to the customer on time and in good condition.
As for the seller, who has called upon a carrier to fulfill his delivery obligation, by taking charge of the package, the latter undertakes to deliver it to the recipient.
If the package does not reach the consumer, the seller responsible to the latter can in turn and subsequently engage the responsibility of the carrier.
NESSIYA PARIS’s disclaimer:
The seller wishes to emphasize that as soon as the customer takes physical possession of the products, he assumes the risks of loss or damage. It is therefore the customer's responsibility to report any reservations about the delivered product to the carrier.
NESSIYA PARIS cannot be held responsible for damage resulting from improper use of the product purchased.
Finally, the responsibility of the company NESSIYA PARIS cannot be engaged for all the inconveniences or damages inherent to the use of the internet network, in particular a break in service, an external intrusion or the presence of a computer virus.
ARTICLE 8-2: Delivery times
NESSIYA PARIS undertakes to process the order within 4 days following receipt of the order notification, in addition to the delivery times established by carriers such as Mondial Relay, Colissimo and Mondial Relay domicile europe.
Colissimo delivery times: 48 to 72 hours - working days.
Mondial Relay delivery times: 3 to 7 working days
Mondial Relay home delivery times in Europe: 3 to 7 working days.
ARTICLE 9: Availability and presentation
We will process orders based on our stock availability or that of our suppliers.
Please note that the preparation of some orders will begin upon receipt of the order, while for others, a period of a few days will be necessary for their preparation.
In the event that an item is unavailable, as mentioned above in article 5 of the said general conditions, NESSIYA PARIS informs the customer in the event of a stock shortage, so the product is no longer available on the website, it also notifies the customer on the social network Instagram of the restocking of stock.
ARTICLE 10: Payment
Payment for the order is due immediately, including for products subject to pre-order.
The customer can pay by payment card, or in cash by hand delivery in the city of Saint Denis, other payment methods are implemented such as PayPal and Apple Pay.
In the event of a refusal of payment or partial payment, the order will be automatically cancelled, and you will be informed of this cancellation by email.
It should also be noted that NESSIYA PARIS reserves the right to refuse any order in the event that you have not honored the payment of a previous order, in whole or in part, or if a dispute is still in progress.
It is imperative that bank cards issued by banks established outside France are international bank cards, such as Mastercard or Visa.
The secure online payment process by credit card is provided by our payment provider.
The transmitted information is encrypted using the latest protocols, guaranteeing its confidentiality and security during transit over the network.
Once the customer initiates the payment, the transaction is immediately debited after careful verification of the information.
In accordance with article L132-2 of the Monetary and Financial Code, the commitment to pay by card is considered irrevocable.
By providing their banking information during the transaction, the customer authorizes the seller to debit their bank card for the amount corresponding to the price indicated.
The customer certifies that he is the legitimate holder of the bank card to be debited and declares that he is able to use it legally.
In the event of an error or inability to debit the bank card, the sale is automatically cancelled, and the order is immediately cancelled.
ARTICLE 11: Withdrawal period
In accordance with Article L 221-18 of the Consumer Code: “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following telephone or off-premises canvassing, without having to justify his decision or bear costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1° Of the conclusion of the contract, for service provision contracts and those mentioned in Article L. 221-4;
2° Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period starts from the receipt of the last good or batch or the last part.
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
The right of withdrawal may be exercised by contacting the Company in the following manner:
Please contact us by the following email: nessiyaparis.contact@gmail.com as well as the following after-sales service telephone number (WhatsApp): 06 95 64 37 57 .
When the right of withdrawal is exercised, the seller reimburses the consumer for all sums paid, including delivery costs without undue delay and at the latest within fourteen days from the date on which he is informed of the consumer's decision to withdraw, in accordance with article L221-24 of the consumer code.
For contracts for the sale of goods, unless he offers to collect the goods himself, the trader may defer reimbursement until he has collected the goods or until the consumer has provided proof of having sent back the goods.
The professional makes this reimbursement using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and to the extent that the reimbursement does not incur any costs for the consumer.
The professional is not required to reimburse additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional.
As for the costs of returning the products, they are the responsibility of the customer.
The customer must return or restore the products to NESSIYA PARIS, without undue delay and, at the latest, within fourteen days following communication of your decision to withdraw.
You may be held liable in the event of depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products.
Product returns must be made in their original condition and complete (packaging, accessories, instructions), so that they can be resold in new condition. If possible, they must be accompanied by a copy of the proof of purchase.
The address for your returns is as follows: (return via the global relay service):
Mondial Relay: RADIKA TELECOM
69 STARSBOURG STREET
93200 Saint-Denis
On behalf of NESSIYA PARIS
3 ALLÉE DE L'ISLE ADAM 93200 Saint-Denis
ARTICLE 11-2: Exceptions to the right of withdrawal
In accordance with article L 221-28 of the consumer code, the right of withdrawal cannot be exercised in the following cases:
2° Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made according to the consumer's specifications or clearly personalized;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
ARTICLE 12: Guarantees
Under the law, the seller is subject to two guarantees, namely the guarantee of legal conformity and that relating to hidden defects in the products.
The seller undertakes to reimburse the buyer or to exchange products which have apparent defects or which do not conform to the order placed.
To request a refund, the buyer must follow the following procedure: please contact us via the contact form available in the “contact” section at the bottom of the page.
Furthermore, the company NESSIYA PARIS cannot be held responsible for damage resulting from improper use of the product purchased.
The consumer has a period of two years from the date of delivery of the goods to assert the legal guarantee of conformity in the event of a lack of conformity being found. It is specified that during this period, the consumer does not have to prove the date of appearance of the defect but only its existence.
The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them.
The consumer does not have the right to cancel the sale if the lack of conformity is minor.
The rights mentioned above result from the application of articles L 217-1 to L 217-3 of the consumer code.
The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect.
This guarantee entitles you to a price reduction if the item is kept or to a full refund upon return of the item.
ARTICLE 13: Complaints
If applicable, the buyer may submit any claim by contacting the company using the following contact details:
WhatsApp customer service number: 06 95 64 37 57
Email: nessiyaparis.contact @gmail.com
ARTICLE 14: Delivery and Transfer of Risks
In accordance with article L 216-1 of the Consumer Code, the professional delivers the goods without undue delay and at the latest thirty days after the conclusion of the contract.
Pursuant to Article L 216-2 of the same code, any risk of loss or damage to the goods is transferred to the consumer at the time when the latter or a third party designated by him takes physical possession of these goods.
When the consumer entrusts the goods to a carrier other than that proposed by the professional, the risk of loss or damage to the goods is transferred to the consumer when the goods are handed over to the carrier; this is provided for in Article L 216-3.
ARTICLE 15: Rights and intellectual property
All intellectual property elements such as brands, domain names, products, software, images, videos, texts, as well as any other information subject to intellectual property rights, are and remain the exclusive property of the seller.
By accepting these T&Cs, no intellectual property rights are transferred to the customer.
Any use, total or partial reproduction, modification or exploitation of these elements for personal or commercial purposes, for any reason whatsoever, is strictly prohibited and may be subject to legal action.
ARTICLE 16: Force majeure
In the event of an unforeseeable event or force majeure preventing the performance of the seller's obligations provided for in these conditions, these will be suspended.
The seller will inform the customer of the occurrence of this event as soon as possible.
In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
ARTICLE 17: Nullity and modification of the contract
In the event of cancellation of one of the provisions of this contract, this nullity will not affect the validity of the other provisions which will continue to apply between the parties. Any modification made to the contract will only be considered valid after having been previously approved in writing and signed by the parties concerned.
ARTICLE 18: Amendments
NESSIYA PARIS reserves the right to modify these general conditions of sale at any time and without notice.
These modifications may be made to adapt to developments in the site, such as the addition or removal of existing features, or for any other reason.
ARTICLE 19: Errors, Inaccuracies and Omissions
It is possible that information on our website or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, and even to cancel an order if any information in the Service or on the Website is inaccurate, at any time without prior notice, including after you have submitted your order.
ARTICLE 20: Protection of personal data
Under the Data Protection Act of 6 January 1978, you have the right to access, modify, rectify, oppose and query your personal data.
By accepting these general conditions of sale, you give your explicit consent to the collection and processing of your personal data.
As part of its activities, NESSIYA PARIS undertakes to implement the processing of personal data of users of its services in a way that respects their privacy and complies with current European legislation.
ARTICLE 21: Competent court / Applicable law
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Bobigny Commercial Court.
Any question relating to these general conditions of sale and to the sales they govern, which is not covered by these contractual provisions, will be governed by French law to the exclusion of any other law.