General terms of use

Table of Contents

1. Purpose

The purpose of the following general terms and conditions is, on the one hand, to inform potential consumers about the terms and conditions on the conditions the seller will sell and deliver the goods, and on the other hand, to define the rights and obligations of the parties in connection with the online sale of goods by the seller to the consumer. They apply, without limitation or restriction, to all sales and products sold by Nootica and available on its website.

As a consequence, ordering a product available on Nootica's website implies full accpetance and adherence to these Terms and Conditions of sale the Customer has fully read before  ordering and with which he or she fully agrees.

Nootica reserves the right to change their Terms and Conditions at any time by posting changes online.

2. Company details

NOOTICA
181 Chemin de Puissanton 06220 Vallauris FRANCE
FRANCE
Siret : 491 671 707 00041
N° TVA intracom : FR56491671707
RCS Antibes : 491 671 707
Phone : +44 3306846121

3. Prices

The online prices of the products available on Nootica's website are displayed in Euros and are valid at the time the Buyer places his/her order.

They do not include shipping fees, which are added to the price of the products bought according to the amount of the order. Shipping fees will be displayed before the Buyer finalises his/her order.

The selling prices of the products can be modified at any time by Nootica. Such change will be notified to the Buyer prior to any order.

4. Product features

The Buyer can, prior to his/her order, read the main features of the product he or she wants to purchase on Nootica's website.

The offers available on Nootica's website are subject to stock availability. For products which are not stocked in the company's warehouse, the offers displayed on the website are subject to availability at its suppliers.

Photos, graphics and product descriptions are submitted for information purposes only and cannot in any case engage the Seller's responsibility

If a supplier were to modify a product, the graphical representation of the said product cannot in any case engage the Seller's responsibility or affect the validity of the sale.

5. Orders

Any order implies that the Buyer fully agrees to these terms of use.

The Buyer can place an order on the website.

The Buyer's order will have to be confirmed by Nootica, through an e-mail.

The sale is considered final when the Buyer gets a confirmation e-mail and Nootica receives full payment by the Buyer.

Nootica advises the Buyer to keep the transaction information on their computer or on a hard copy.

6. Payment

To settle his order, the Buyer has, in his/her choice, all the payment conditions aimed within the order form: online credit cards (Visa or Mastercard) or bank transfers.

Nootica reserves the right to suspend or cancel any order and / or delivery, whatever its nature and level of performance, in the event of non-payment of any amount owed by the Buyer, or of any adverse payment circumstances.

Penalties will be incurred at the legal interest rate plus 5 percent following a period of ten days from the invoice date, or immediately after notification of rejected bank payment for all other means of payment. The delivery of any new product may be suspended in case of overdue payment for a previous order, notwithstanding these provisions.

Nootica reserves the right to ask for a copy of the Buyer's ID and proof of address for any credit card payment.

In order to prevent online fraud, information pertaining to your order might be communicated to third parties for verification.

7. Product choice

After exploring the various features of the products available for sale, the Customer, based on his/her needs established prior to any order, takes full responsibility for choosing products and ensuring that they suit his/her needs.

In order to help customers in their product search, Nootica provides them with:
- an e-mail help service, the adresses of which are displayed in the "Contact Us" section.

8. Delivery and Receipt

8.1. General rules

Products are shipped to the address specified by the Customer in the order form.

The Buyer can download his/her invoice on his/her customer account on Nootica.fr

8.2. Time

Please know there is a difference between delivery time and dispatch time.

Dispatch time is the time we need to process your order and hand it over to a courier. This time is based on the availability of the products you ordered. The product availability is displayed in its description.

- If the item reads “In Stock”, this means we stock the product and your order will be processed within 24 to 48 business hours.

- If the item reads “In Stock - Supplier”, this means one of our suppliers stocks the product, but we need to get it from them before we can process your order.

- If the item availability is 3 to 12 days, this means we do not stock the product. We have to order it from our suppliers before we can process your order. However, we can’t guarantee the item actually is available, because we don’t have real time updates on its availability from our suppliers.  In case of delay or if the product is sold out, we will let you know by email.

NB: All the items in your order have to be in stock so that we can dispatch your order. If one item is missing, we will wait to receive it to process your order.

When your order is ready, we hand it over to a courier.

Here is the average time it takes couriers to deliver your order after it is dispatched from our warehouse:

- FEDEX eco: 48 hours
- FEDEX priority: 24/48 hours
- GLS : 2-3 days
- Royal Mail: 3-4 days

These delivery periods are intended as an indication only.

Delivery delays do not constitute a valid reason for compensation, stoppage or cancellation of the Buyer's orders.

In case of delivery delay based on the delivery time that was initially determined, the Buyer has to inform Nootica (by mail, e-mail) so that the company can improve the quality of service it provides and carry out an investigation with the carrier.

An investigation with the carrier can take up to 21 working days. If, in the meantime, the product is found, it will be immediately sent back to the delivery place mentionned in the order form.

If the ordered item is no longer available,  the provisions refererred to in Article 8 will be implemented. In the event of a product exchange, shipping costs will be at the Buyer's expense.

8.3. Receipt

Some items, because of their weight or size, are directly shipped by Nootica's suppliers (in that case, the delivery time is often a bit longer).

All our goods travel at the Buyer's own risk. However, shipping costs include an insurance to protect against theft, damage or loss (The insurance reimbursement depends on the carrier).

As a consequence, before accepting a parcel, check it to see if you notice potential damage to the packaging.
In case of damage, do not accept the parcel and mention the reasons of your refusal in the order form by explaining the problems you noticed. Otherwise, no complaint will be admissible.

IMPORTANT!

Do not let the delivery person tell you what to do or tell you what you have to write in the delivery note.

Just mention the damages you notice and do not write anything the delivery person might suggest you, such as "undamaged packaging", or any other comment that may exclude the transport provider's liability.

Finally, the sentence "subject to unpacking" is not valid and cannot be taken into account.

9. Products Availability

If some items in an order are not available and depending on the amount of the order and the type of products, Nootica can make multiple shipments on a one-off basis. The products we stock can be shipped first The other items will be either delivered at a later stage, or replaced by other products (with the customer's approval) or refunded.

In any case, Nootica will inform its customers as soon as possible.

10. Quality or Compliance Issues

If a delivered product does not match the order form (if it has a defect or if it is noncompliant), the Buyer has 7 days to make a claim from the date the delivery note was signed.

Claims have to be made on our website, in the Contact Us section > After receiving - Returns & Service. All claims should state:
- the Buyer's information
- the product reference
- the reason for the claim
- one or several pictures of the product

Products have to be returned within seven days from the issuance of a return number provided by Nootica's Customer Support to the Buyer.

If not, neither exchange nor refund of the product can be claimed.

A product to be exchanged or refunded must be returned to Nootica in its original packaging and include all the parts and accessories of the product.

All risks incurred by a product return will be at the Buyer's expense.

In case of non compliance with the aforementioned process, the Buyer will not be able to make any non compliance or defect claim for a product he or she received as the product will be considered as compliant and free of any visible defects.

11. Cancellation Right

• In accordance with the Consumer Contracts Regulations, the Buyer has 14 days from the day on which he or she receives the goods to return the product at his/her expense to get a refund.

The Buyer must inform Nootica that he or she wants to return a product. After Nootica confirms the return, the Buyer will be given a return number to be written on the packaging.

• Products must be returned to Nootica in perfect condition for resale in their original packaging (with all the accessories, user guide...), properly sealed and with the invoice.

If the product includes a warranty document or any other form to fill out, these documents must not be filled out so that the Buyer can exercise his/her cancellation right.

Any incomplete or damaged product, or any product with a deteriorated packaging will not be returned or exchanged.

• This cancellation right gives the Buyer a choice:
- either to be refunded by recrediting the bank account that was used for purchase or, if this is impossible, by check.
- or to get a store credit to be used on Nootica.co.uk

• In any case, return costs will be at the customer's expense

12. General Terms for Refund

Subject to the specific conditions indicated in point 9. above, any refund by Nootica will consist in a voucher to be used on our website.

In any case, Nootica will give you all the information about this voucher in an e-mail:
- Its validity date
- If the Buyer can or cannot get a refund
- The amount of the voucher

In case of partial use of the voucher, the customer will be able to use the remainder under the same conditions as the original voucher.

A  voucher is considered as used when it is partially used or when the customer asks for a refund.

By using this voucher, the customer pledges not to make any complaint about the transaction  or to contact their bank to block the purchase and they pledge not to do so within one year after the voucher is used.

The customer acknowledges that any failure to comply with this obligation would expose him/her to totally refund the amount of money they unduly got and that Nootica could claim some damages.

13. Warranty

Some products are covered by a manufacturer warranty the conditions of which vary from supplier to supplier.  The general terms of use and the duration of the warranty are available on Nootica's website. The Buyer is supposed to read and agree to these terms.

Any product return under a warranty is subject to prior agreement from Nootica. To get Nootica's approval, the Buyer must contact our after sales service.

No product can be returned without prior agreement from Nootica.

If the product has a defect, Nootica will assign a return number to the customer. This return number is valid for seven working days from the day on which the customer gets his/her return number. After this deadline, the Buyer will have to make a new claim in accordance with the aforementioned procedure.

The defective product must be returned in its original packaging and include all the parts and accessories of the product and must mention the return number clearly written as well as the product serial number.

Any incomplete or damaged product, or any product with a deteriorated packaging will not be returned nor exchanged under the warranty.

All risks incurred by a product return will be at the Buyer's expense.

A product covered by a warranty will be, at the manufacturer's discretion, exchanged or fixed.

Warranties do not cover:
- the replacement of consumables
- an abnormal or improper use of a product
- damages specifically mentioned in the product description
- some defects and their consequences caused by any intervention from the Buyer or any repairer non authorised by Nootica.
- some defects and their consequences caused by improper use of the product (professional use, collective use …)
- products subject to any specific support or maintenance contract.

14. Liability

The products offered by Nootica are in compliance with the British legislation in force.

Nootica cannot be held liable non-fulfilment of contracts due to stock shortages or product unavailability, events outside of our control, disruption or strikes of the mail service, transportation networks or our transport providers.

Nootica cannot be held liable for indirect damages that may occur due to the purchase of a product.

If the customer cannot use (totally or partially) the product he/she bought because it is not compliant with his/her equipment, Nootica cannot be held liable and will not lead to any refund or compensation.

Nootica.co.uk includes information from third parties and links to other websites. Nootica cannot be held liable for the damages that may result from using or getting access to this information. Nootica is not liable either if a customer cannot use this information or have access to other websites.

15. Partial Non-Validity

If any provision of these Terms are held to be invalidated or declared such under any law, regulation  or by the definitive decision of the court of competent jurisdiction, the other provisions shall remain in force.

16. Non-Waiver Agreement

The fact that one of the parties does not call on a failure by the other party in complying with any one whatsoever of the obligations aimed in the present ones, could not be interpreted for the future as a renunciation of the obligation in question.

17. Applicable Law

The sale of products by Nootica is governed by English law.