Return & Refund policy
ARTICLE 1. PARTIES
This refund policy applies between NUIT VAGABONDE PARFUMS, a sole proprietorship registered with the Trade and Companies Register of Nice, France, on May 14, 2024, under number 925259210, with its registered office at 69 Boulevard Victor Hugo, Nice, 06000, France, telephone: +33783421356, email: infos@nuitvagabonde.com, VAT number: FR34925259210, hereinafter referred to as "the Publisher," and any individual or legal entity, whether governed by private or public law, registered on the Website to purchase a Product, hereinafter referred to as "the Customer."
ARTICLE 2. DEFINITIONS
"Client": any individual or legal entity, whether governed by private or public law, registered on the Site.
"Site Content": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
"Publisher": NUIT VAGABONDE PARFUMS, a sole proprietorship, acting in its capacity as publisher of the Site.
"User": any individual or legal entity, whether governed by private or public law, connecting to the Site.
“Product”: any item of any kind sold on the Site by the Publisher to Customers.
“Site”: the website accessible at the URL www.nuitvagabonde.com, as well as its sub-sites, mirror sites, portals, and related URL variations.
ARTICLE 3. SCOPE
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance of these terms and conditions by all Internet users. Simply connecting to the Site, by any means whatsoever, including via a bot or browser, constitutes full and complete acceptance of these terms and conditions. This acceptance will be confirmed by checking the corresponding box during registration on the Site.
The Internet user acknowledges having read and fully understood these terms and conditions and accepts them without reservation.
Checking the aforementioned box will be deemed to have the same legal value as a handwritten signature by the User. The User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute.
These terms and conditions apply to the relationship between the parties to the exclusion of all other terms and conditions, including those of the User.
Acceptance of these terms and conditions implies that Users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapacitated, of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The Site's purpose is the sale of Products to Customers.
ARTICLE 5. ORDERING STEPS
5.1. Placing an Order
To place an order, users can select one or more products and add them to their shopping cart. Product availability is indicated on the Website, in the description of each item. Once their order is complete, they can access their shopping cart by clicking on the designated button.
5.2. Order Confirmation by the User
By viewing their shopping cart, users can verify the number and type of products they have selected, as well as their unit price and total price. They can also remove one or more products from their cart.
If they are satisfied with their order, users can confirm it. They will then be taken to a form where they can either enter their login credentials if they already have an account, or register on the Website by completing the registration form with their personal information.
5.3. Payment by the Customer
Once logged in or after successfully completing the registration form, Customers will be asked to review or modify their delivery and billing information, and then to make their payment by being redirected to the secure payment interface marked "order with obligation to pay" or similar wording.
5.4. Order Confirmation by the Publisher
Once the Publisher has received payment, it will acknowledge receipt to the Customer electronically within 24 hours. Within the same timeframe, the Publisher will send the Customer an email summarizing the order and confirming its processing, including all relevant information.
ARTICLE 6. PRICE - PAYMENT
6.1. Prices
The applicable prices are those displayed on the Website on the day the order is placed. These prices may be modified at any time by the Publisher. The prices displayed are valid only on the day the order is placed and do not apply to future orders.
Prices indicated on the Website are in euros, inclusive of all taxes, but excluding delivery charges.
6.2. Payment Methods
The Customer may pay via Shopify Payments.
For payments by credit card, the Publisher does not have access to any data relating to the Customer's payment method. Payment is made directly to the bank.
For payments by money order, check, or bank transfer, delivery times begin only from the date the Publisher receives payment.
6.3. Invoicing
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Client expressly agrees to receive invoices electronically.
6.4. Default of Payment
The agreed payment dates may not be delayed under any circumstances, including in the event of a dispute.
Any sum not paid by the due date will automatically and without prior notice incur late payment penalties calculated at a rate equal to three times the legal interest rate, without prejudice to the enforceability of the principal amount due.
Furthermore, any late payment will result in the defaulting Client being charged recovery fees of €40, the immediate enforceability of all remaining sums due regardless of any agreed payment terms, plus compensation of 20% of the amount due as a penalty clause, and the possibility of unilaterally terminating the contract at the Client's expense. This clause is in accordance with the provisions of Article 1152 of the French Civil Code, which allows the judge to reduce the compensation if they deem it excessive.
6.5. Retention of Title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. COMPLAINTS - WITHDRAWAL - WARRANTY
7.1. Customer Service
The Site's customer service is available Monday to Friday from 9:00 AM to 5:00 PM at the following toll-free number: +33783421356, by email at: infos@nuitvagabonde.com, or by mail to the address indicated in Article 1 of these terms and conditions. In the latter two cases, the Publisher undertakes to provide a response within 2 business days.
7.2. Right of Withdrawal – Distance Selling
This Article 7.2 applies to Customers who qualify as consumers within the meaning of the preliminary article of the French Consumer Code.
7.2.1. Conditions for Exercising the Right of Withdrawal
In accordance with current legislation on distance selling, the Customer has a period of fourteen clear days to exercise their right of withdrawal without having to provide any justification or pay any penalties, with the exception, where applicable, of return shipping costs.
The period mentioned in the preceding paragraph begins either on the day the distance contract is concluded for contracts relating to the provision of a service and/or the supply of digital content not supplied on a tangible medium, or on the day the Customer or a third party, other than the carrier, designated by them receives the goods, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately, or an order for goods consisting of multiple lots or parts whose delivery is staggered over a defined period, the withdrawal period begins upon receipt of the last good, lot, or part. For contracts providing for the regular delivery of goods over a defined period, the withdrawal period begins upon receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day.
The decision to withdraw must be notified to the Publisher at the contact details provided in Article 1 of these terms and conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these terms and conditions. In any event, the Publisher will send the Customer an acknowledgement of receipt of said withdrawal by email as soon as possible.
7.2.2. Effects of the Right of Withdrawal
The Customer must return the products to the professional or any person designated by the professional, without undue delay and, at the latest, within fourteen days of communicating their decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. Where applicable, the professional may defer reimbursement until the Products have been received or until the Customer has provided proof of shipment of the Products, whichever is earlier. Beyond this period, the sum due will automatically accrue interest at the prevailing legal rate, as specified in Article L. 242-4 of the French Consumer Code.
If applicable, the professional will issue the refund using the same payment method the Customer used for the initial transaction, unless the Customer expressly agrees to a different payment method and provided that the refund does not incur any costs for the Customer. However, the professional is not obligated to reimburse any additional costs if the Customer expressly chose a more expensive delivery method than the standard delivery option offered.
The Customer is responsible for the direct costs of returning the Product. These costs are capped at €1 if, due to its nature, the Product cannot normally be returned by mail.
The Customer is only liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product.
The conditions, time limits, and procedures for exercising the right of withdrawal are set out in the standard withdrawal form provided at the end of these terms and conditions.
7.2.3. Exclusions from the Right of Withdrawal
The right of withdrawal does not apply, in particular, to contracts:
- for the supply of services fully performed before the end of the withdrawal period and whose performance began after the Client's express prior consent and express waiver of their right of withdrawal;
for the supply of goods made to the Client's specifications or clearly personalized;
for ovens - Supply of goods liable to deteriorate or expire rapidly;
- Supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
Supply of goods which, after delivery, are, by their nature, inseparably mixed with other items;
Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the trader;
Emergency maintenance or repair work to be carried out at the Customer's home and expressly requested by the Customer, limited to the spare parts and work strictly necessary to address the emergency;
Supply of audio or video recordings or computer software which have been unsealed by the Customer after delivery;
Supply of a newspaper, periodical or magazine, except for subscription contracts for such publications; - concluded at a public auction;
- for the provision of accommodation services, other than residential accommodation, transport services for goods, car rentals, catering, or leisure activities that must be provided on a specific date or during a specific period;
- for the supply of digital content not supplied on a tangible medium where performance has begun after the Client's express prior consent and express waiver of their right of withdrawal.
- Similarly, the right of withdrawal does not apply to contracts fully performed by both parties at the Client's express request before the Client exercises their right of withdrawal.
- 7.3. Termination of the Contract by the Customer
The Customer, acting as a consumer, may terminate the contract by registered letter with acknowledgment of receipt if the delivery date is exceeded by more than seven days. The Customer will then be reimbursed for all sums paid at the time of the order.
This clause does not apply if the delivery delay is due to force majeure. In such a case, the Customer agrees not to take legal action against the Publisher and waives the right to terminate the sale as provided for in this article.
7.4. Warranties
7.4.1. Warranty Against Apparent Defects
It is the Customer's responsibility to verify the good condition of the Products upon delivery. This verification must include, in particular, the quality, quantity, and references of the Products, as well as their conformity to the order. No claims will be accepted after a period of three days from the date of delivery. In any event, any claim concerning delivered packages will only be considered if the Customer, acting in a commercial capacity, has filed a claim with the carrier in accordance with Articles L. 133-3 et seq. of the French Commercial Code.
7.4.2. Warranty against hidden defects
7.4.2.1. Legal warranties
Customers have a legal warranty of conformity (Article 1604 of the French Civil Code), a legal warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), and a safety warranty (Articles 1245 et seq. of the French Civil Code).
Customers acting as consumers also have a legal warranty of conformity (Articles L. 217-4 et seq. of the French Consumer Code).
7.4.2.2. Contractual Warranty
In addition to the legal warranty, the Products are covered by a contractual warranty of conformity within French territory, for a period of one year from the date of delivery.
7.4.2.3. Returns
To invoke the warranty, the Customer must return the product to the Publisher's registered office, accompanied by a letter explaining the reason for the return, requesting either repair, exchange, or refund.
In any event, the Customer is required to follow the Publisher's instructions regarding the return of the Products precisely.
The Customer is responsible for the return shipping costs, except for consumer Customers exercising their right to the warranty of conformity under Articles L. 217-4 et seq. of the French Consumer Code.
ARTICLE 8. FINAL PROVISIONS
8.1. Applicable Law
These general terms and conditions are governed by French law.
8.2. Amendments to these Terms and Conditions
These Terms and Conditions may be amended at any time by the Publisher. The Terms and Conditions applicable to the Customer are those in effect on the date of their order or their connection to this Website. Any new connection to the personal account implies acceptance, where applicable, of the new Terms and Conditions.
8.3. Disputes
Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any dispute with a consumer Customer that may arise in connection with the performance of these Terms and Conditions and for which an amicable solution has not been reached between the parties must be submitted to the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Since January 1, 2016, mediation has been mandatory for all. Therefore, any professional selling to individuals is required to provide the contact information of a competent mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
8.4. Entire Agreement
The invalidity of any clause of this agreement shall not invalidate the other clauses of the agreement or the agreement as a whole, which shall remain in full force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision that corresponds to the spirit and purpose of this agreement.
8.5. No Waiver
The Publisher's failure to exercise any right granted to it hereunder shall not be construed as a waiver of said right.
8.6. Telemarketing
The Customer is informed that they have the option to register on the national opt-out list for telemarketing calls at http://www.bloctel.gouv.fr/.
8.7. Language of these terms and conditions
These terms and conditions are offered in French.
8.8. Unfair terms
The provisions of these terms and conditions apply subject to compliance with the mandatory provisions of the French Consumer Code concerning unfair terms.