TERMS OF SALES

These General Conditions of Sale have been updated on 29/05/2014. They are the property of SARL NICHETOO.NET.
Consequently, and without this list being exhaustive, any dissemination, exploitation, representation, reproduction or use, in whole or in part, in any medium, of these General Conditions for purposes other than strictly personal, is subject to the prior authorization of the SARL NICHETOO.NET.
In the absence of this authorization, the offender would expose himself to the incriminations and to the penal and civil prosecution envisaged by the law.

These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a user / natural person (hereinafter the "CUSTOMER") on the website http://www.homeose.fr (hereinafter the "SITE") from:
Nichetoo.net - Homéose, SARL registered in the trade and companies register of TOURS under the number 449403773,
headquartered at 36 rue Augustin Fresnel in Chambray-Les-Tours (37170), France; Tel: Homéose free call , email: sav@homeose.fr (hereinafter the "SELLER").

IMPORTANT: Any order placed on the SITE necessarily implies the unconditional acceptance of the CLIENT of these general conditions of sale.

Article 1. DEFINITIONS

The following terms have the following meanings in these Terms and Conditions:

Article 2. OBJECT

These General Conditions govern the sale by the SELLER to his CLIENTS of the PRODUCTS. The CLIENT is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions.

Article 3. ACCEPTANCE OF GENERAL CONDITIONS

The CUSTOMER undertakes to read these General Conditions carefully and to accept them, before proceeding to the payment of an order of PRODUCTS passed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order.The CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.

Article 4. OPENING AN ACCOUNT - BUYING PRODUCTS ON THE SITE

To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if it is minor, be able to justify the agreement of its legal representatives.
The CLIENT will be invited to provide information to identify it by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER. The CLIENT can check on the SITE the status of his order. The follow-up of DELIVERIES can, if necessary, be carried out using the tools of follow-up of line of certain carriers. The CUSTOMER may also contact the sales department of the SELLER at any time by email, at the address sav@homeose.fr, in order to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER during an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information provided.

Article 5. ORDERS

Article 5.1 Characteristics of products

The SELLER strives to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under the applicable law (in these General Conditions).
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular according to the constraints related to its suppliers. Unless expressly stated otherwise on the SITE, all the PRODUCTS sold by the SELLER are new and in compliance with the European legislation in force and the standards applicable in France.

Article 5.2. Order procedure

Orders of PRODUCTS are directly placed on the SITE. To place an order, the CUSTOMER must follow the steps described below (note however that depending on the CUSTOMER's start page, the steps may differ slightly).

5.2.1. Selection of PRODUCTS and purchase options :
The CUSTOMER must select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CLIENT's basket. The latter can then add to his basket as many PRODUCTS as he wishes.

5.2.2. Orders
Once the PRODUCTS selected and placed in his basket, the CLIENT must click on the basket and check that the contents of his order is correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and has identified / registered, will be presented an automatically completed online form and summarizing the price, the applicable taxes and, if applicable, the costs of delivery.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER may then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the information necessary for billing and DELIVERY of the PRODUCTS.
For PRODUCTS for which options are available, these specific references appear when the right options have been selected.
Orders placed must include all the information necessary for the proper processing of the order.
The CLIENT must also indicate the delivery method chosen.

5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by email, provided that the email address provided through the registration form is correct.
The SELLER does not send any order confirmation by post or fax.

5.2.4. Billing
During the ordering process, the CUSTOMER must enter the information required for billing (the sign (*) will indicate the mandatory fields to be filled in for the CUSTOMER's order to be processed by the SELLER).
In particular, the CUSTOMER must clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the DELIVERY address.
The CUSTOMER must then specify the payment method chosen.
Neither the order form that the CLIENT establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original invoice to the DELIVERY of the PRODUCTS, inside the package.

5.3. Date of the order

The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE do not begin to run until this date.

5.4.Price

For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros all taxes included, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the address of DELIVERY and the carrier or mode of transport chosen).
Prices include in particular the value added tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
Vendor prices of the SELLER are subject to change. As a result, the prices listed on the SITE may change. They can also be modified in case of offers or special sales.
The prices indicated are valid, except gross error. The applicable price is the one indicated on the SITE on the date on which the order is placed by the CLIENT.

For all countries outside the euro area, the prices of all ARTICLES are expressed in euros, EXCLUDING TAXES. Customs duties, other local taxes, import duties, state taxes are likely to be payable. They will be the responsibility of the buyer and are his sole responsibility both in terms of declaration and payment to the authorities and / or competent bodies.

5.5. Availability of PRODUCTS

Depending on the PRODUCT concerned, the SELLER applies "just-in-time" stock management. Therefore, depending on the case, the availability of the PRODUCTS depends on the SELLER's stocks.
The SELLER undertakes to honor the orders received provided that the PRODUCTS are available.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned.
CLIENTS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CLIENT:
Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS out of stock will be available again,
Either make a partial shipment of the PRODUCTS available at first, then the shipment of the remainder of the order when the other PRODUCTS are available, subject to clear information on the additional transport costs that may be incurred,
Either offer an alternative PRODUCT of quality and equivalent prices, accepted by the CLIENT.
If the CLIENT decides to cancel his order of unavailable PRODUCTS, he will obtain the refund of all the sums paid for the unavailable PRODUCTS, without delay and at the latest in the thirty (30) days of the payment.

Article 6. Right of withdrawal, return, exchange, refund

The terms of the right of withdrawal are provided for in the "withdrawal policy", policy available in Annex 1 hereof and accessible at the bottom of each page of the WEBSITE via a hypertext link.
The terms of exchange, return or refund are also detailed on this page.
Click here for direct access

Article 7. PAYMENT

7.1. Means of payment

The CUSTOMER may pay his PRODUCTS online on the SITE according to the means proposed by the SELLER.
These means of payment are: CB, VISA, MASTERCARD, PAYPAL, AMERICAN EXPRESS, CHECK OR BANK TRANSFER.
The CLIENT guarantees to the SELLER that he holds all the authorizations required to use the means of payment chosen.
The SELLER will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is specified that all payment information provided on the SITE is transmitted to the bank of the SITE and are not processed on the SITE.

7.2. Payment date

In the case of a single payment by credit card, the account of the CUSTOMER will be debited as soon as the order of PRODUCTS passed on the SITE.
In case of partial DELIVERY, the total amount will be debited from the account of the CLIENT at the earliest when the first parcel will be dispatched. If the CLIENT decides to cancel the order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.

7.3. Delay or refusal of payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER to pay the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money due by the CLIENT would be impossible, the order will be canceled and the sale automatically terminated.

Article 8. Proof and Archiving

Any contract concluded with the CLIENT corresponding to an order of an amount greater than 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information in order to monitor the transactions and to produce a copy of the contract at the CLIENT's request.
In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.

Article 9. Transfer of ownership

The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CLIENT.
The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the reservation. ownership, as well as the risk of damage that may result.

Article 10. Delivery

The terms of DELIVERY of the PRODUCTS are provided in the "delivery policy" referred to in Appendix 2 herein and accessible at the bottom of each page of the WEBSITE via a hypertext link.
Click here for direct access

Article 11. Packaging

The PRODUCTS will be packaged in accordance with the applicable transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY.
CLIENTS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - Cancellation Policy .

Article 12. Guarantees

12.1. Compliance guarantee

The SELLER is required to deliver a compliant PRODUCT that is to say fit for the expected use of a similar good and corresponding to the description given on the SITE. This compliance also assumes that the PRODUCT has the qualities that a buyer can legitimately expect given the public statements made by the SELLER, including in advertising and labeling.
In this context, the SELLER is likely to respond to existing defects of conformity during the delivery and defects of conformity resulting from the packaging, the assembly instructions.
The action resulting from the lack of conformity is prescribed by two (2) years from the date of issue of the PRODUCT.
In case of lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is obviously disproportionate compared to the other possible option, given the value of the PRODUCT or the size of the defect, the SELLER may proceed to a refund, without following the chosen option. by the customer.
In the event that replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in return for the return of the PRODUCT by the CLIENT to the following address Nichetoo.net - Homéose, 36 rue Augustin Fresnel in Chambray les Tours (37170).

12.2. Hidden defects warranty

The SELLER is bound by the guarantee for reasons of hidden defects of the sold PRODUCT which make it unfit for the use for which it is intended, or which diminish so much this use that the CLIENT would not have acquired it, or would have given it a lower price, had he known them.
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUCT if it is returned and the refund of a part of its price, if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in return for the return of the PRODUCT by the CLIENT to the following address Nichetoo.net - Homéose, 36 rue Augustin Fresnel in Chambray les Tours (37170).
The action resulting from latent defects must be brought by the CLIENT within two (2) years from the discovery of the defect.

Article 13. Liability

The SELLER shall not be held liable in the event of non-performance or improper performance of the contractual obligations attributable to the CLIENT, in particular when entering the order.
The SELLER can not be held responsible, or considered to have failed, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law French courts and tribunals.
It is also specified that the SELLER does not control the websites that are directly or indirectly related to the SITE. Consequently, it excludes any liability for the information published therein. Links to third party websites are provided for informational purposes only and no warranty is provided as to their content.

Article 14. Personal data

The SELLER collects personal data about his Customers on the SITE, including through cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze the orders and, if the CUSTOMER has chosen this option, send him commercial prospecting letters, newsletters, offers promotional and / or special sales information, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The CLIENT's data are kept confidential by the SELLER in accordance with his declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
The SELLER respects the European and French standards of protection of privacy and personal data and has been the subject of a declaration to the French authority for the protection of personal data (the National Commission for Computing and Freedoms - CNIL) under the number 1647344v0.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the service providers of the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer to his business partners the names and contact details of his CLIENTS, provided that they have given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER.
The SELLER may also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners.
In accordance with the law n ° 78-17 of January 6th, 1978 relative to the data processing with the files and the liberties, the CLIENT profits from a right of access, of rectification, of opposition (for legitimate motives) and of suppression of his personal data. He can exercise this right by sending an e-mail to the address: sav@homeose.fr or by sending a mail to Nichetoo.net - Homéose, 36 rue Augustin Fresnel, Chambray les Tours (37170). It is specified that the CLIENT must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.

Article 15. Claims

The SELLER makes available to the CLIENT a "Customer Telephone Service":+33.972.49.68.49<

Any written complaint from the CLIENT must be sent to the following address: Nichetoo.net - Homéose, 36 rue Augustin Fresnel. Chambray the Towers (37170)

Article 16. Intellectual Property

All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and / or patents.
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
This authorization of the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.

Article 17. Validity of the General Conditions

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions can not affect the validity of these General Conditions. Such modification or decision does not authorize the CUSTOMERS to disregard these General Conditions.
Any conditions not expressly dealt with herein shall be governed by the use of the retail trade sector for companies whose head office is in France.

Article 18. Modification of the General Conditions

These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Terms and Conditions are accurately dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.

Article 19. Jurisdiction and applicable law

These General Conditions as well as the relations between the CLIENT and the SELLER are governed by French law.
In case of dispute, only the French courts will be competent.
However, prior to any recourse to the arbitration judge or state, will be privileged negotiation in a spirit of loyalty and good faith with a view to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties can not reach an agreement, the dispute shall be submitted to the competent court designated below.
Throughout the entire negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict that is the subject of the negotiation. Exceptionally, the parties are allowed to appeal to the court of summary proceedings or to request the issuance of an order on request. A possible action before the court of interim relief or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable settlement clause, unless otherwise expressly agreed.