BTOB / nebula general conditions
1/ Generalness
These provisions constitute the GTC of the company NEBULEUSE (hereinafter referred to as " Nebula Or the " Seller ») For the products offered for sale on the Nebuleuse site to a professional customers of customers and resellers, meeting the criteria of quality and standing of nebula. These customers are independent merchants who operate one or more specialized, multi-brand shops, apart from any organized distribution network (hereinafter the " Customer "Or" Customers »).
If the GTC (below, the " CGV ) Are in opposition to other clauses or conventions whatever they may be, they will prevail on these documents, unless expressly written between nebula and the customer.
The GTC are applicable to the sale of the products delivered and billed in France and abroad.
The GTC are accessible and printable at any time via a hypertext link available on the site.
In the event of non-compliance with the GTC, the seller reserves the right to suspend or terminate the customer's account at any time and without notice. This suspension or termination of the account does not exempt the customer from his obligations as provided for by these.
2/ OBJECT
GTCs govern the sale of nebula by the seller via its website.
The customer is clearly informed and recognizes that the seller's site is only intended for professionals. The customer therefore undertakes, to buy the seller's products only for professional purposes.
3/ Site Publisher
In accordance with article 6III 1b) of law n ° 2004-575 of June 21, 2004, modified by law n ° 2006-64 of January 23, 2006, the mentions relating to the identification of the publisher of the site are the following:
- Nebula, company registered in France, in the Paris Commercial Register under number 892 703 547, and the head office of which is located 67 rue Saint-Jacques, 75005 Paris ;
- SIRET number: 892 703 547,000 34;
- The publication manager is Adélie Curtet;
- Accommodation: Shopify Inc., 126 York St. Ottawa, on K1N 5T5, Canada;
- The site is hosted by the company Shopify Inc., whose head office is located 126 York St. Ottawa, on K1N 5T5, Canada.
4/ Definitions
The terms and expressions of the GTC, the first letter of which appears in capital letters have, whether in the singular or in the plural and unless otherwise clarified, the meaning given to them:
- « Customer " Or " Customers designates any legal person holding an account under the article creation article;
- « Account "Means the interface provision of customers;
- « Site »Refers to the site and services accessible via the following address: https://nebuleuse-partenaires.com/ ;
- « Nebula "Memates the company Nebuleuse SAS whose contact details are available in article 3;
- « Identifier " Or " Identifiers "Designates the e-mail address and the password chosen by each user when creating their account;
- « User " Or " Users »Refers to anyone who sails on the site;
- « Parts »Collectively designates nebula and customers also designated by the term user or users;
- « Product " Or " Products »Refers to all the nebula products sold on the site;
- « Brand »DE NOTE THE BRAND« Nebula Under which the products are sold;
- « Order " Or " Orders "Means the purchase of products by a customer from the seller on the site;
- « Delivery " Or " Deliveries "Means the first presentation of the products purchased by the customer to the delivery address indicated by him when ordering;
- « Purchase order " Or " Order orders »Refers to the sales document which indicates the elements and terms of the order placed by the Customer to the Seller and which makes it possible to prove the commitments of the two parties;
- « Delivery note " Or " Delivery vouchers "Means the document which specifies the content of the delivery and which allows to attest to the reception of the delivery by the customer.
5/ Account creation
The user opening an account can be a legal person validly recorded in the Trade and Companies Register.
The User previously completes the account creation form accessible from the section " sell our jewelry ", Taking care to provide all the required information, namely:
- Name :
- E-mail:
- Note :
- Name of your shop:
- Phone :
- Complete address:
- SIRET or intra -community VAT number:
- How did you find us? 🤩:
It is also possible for users creating an account to take out a newsletter or notifications. The user can unsubscribe from newsletters and notifications at any time by clicking on the corresponding link inserted in each communication or via his account.
Users understand and accept that the opening of the account is subject to the prior validation of nebula which will examine the request for account creation and who will decide to accept it or not within two (2) working days. In the absence of a response within this period, the request for account creation will be deemed to be rejected by nebula.
Nebuleuse also reserves the right to invalidate a posteriori Acceptance of the opening of an account when the information provided by the user proves to be incomplete, erroneous, false or whimsical or non -compliant with the criteria established by nebula, such as detailed herein.
In general, Nebuleuse may request any written document with the user justifying their situation.
In the event of loss of his identifiers, the user may request reset, in which case a link allowing the reset of the password will be sent by email to the address indicated in his account creation form.
Users are committed to retaining their confidential identifiers. Nebuleuse cannot be held responsible for any direct or indirect damage suffered by the user or by third parties, resulting from fraudulent access to the user's account following a disclosure of the identifiers.
6/ Orders
6.1. Product orders on the site
The applicable GTCs are those in force on the site on the day when the customer plans his order.
To be able to order on the site, the customer must have created a customer account and have accepted the GTC.
The Customer undertakes to read CGV carefully and expressly accept them, before making the payment of an order of products placed on the Site with the Seller.
The GTCs are referenced at the bottom of each page of the site by means of a link and must be viewed before placing the order.
The customer is invited to read carefully, download, print the GTC as well as keep a copy.
The seller advises the Customer to read the GTC with each new order, the latest version of said CGVs applying to any new product order.
By clicking on the first button to place the order and then on the second to confirm the said order, the customer acknowledges having read, understood and accepted the GTC without limitation or condition. To be able to buy a product, the customer must be at least eighteen years old and/or have legal capacity and be a professional.
The customer will be invited to provide information to identify it by completing the form available on the site. The sign (*) indicates the compulsory fields which must be filled for the customer's order to be processed by the seller.
The customer can check the status of his order on the site.
Delivery monitoring can, if necessary, be made using the online monitoring tools of certain carriers.
The information that the customer provides to the seller when ordering must be complete, exact and up to date.
The seller reserves the right to ask the customer to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Any order of a customer is firm and final from the validation by nebula e-mail, the latter reserving the option of accepting or refusing the order, in particular according to the availability of products and the solvency of the customer .
The order will be processed and then sent within eight (8) weeks except express and written derogation from nebula.
6.1.1. Stepped steps on the site
Product orders have placed directly on the site.
To make an order, the Customer must follow the steps described below (please note that, however, that the customer's starting page, the steps may differ).
- Selection of purchase products and options
The customer must select the product (s) of his choice by clicking on the product (s) concerned (s) and by choosing the desired characteristics and quantities.
Once the product has been selected, the product can be placed in the customer's basket.
The latter can then add to his basket as many products as they wish.
- Orders
Once the products are selected and placed in its basket, the customer must click on the basket and check that the content of his order is correct (including the quantity, characteristics, references of the products ordered and their price).
If the customer has not yet done it, he will then be invited to identify or register.
Once the customer has checked the content of his basket and has been identified/ registered, he will appear an online form automatically and summarize the price, applicable taxes, and if necessary, the Delivery costs called " Purchase order ».
The customer is again invited to check the content of his order before validating its content.
The Customer can then make the payment of products according to the payment means chosen, by following the instructions appearing on the site and by providing all the information necessary for the invoicing and delivery of the products.
Regarding the products for which options are available, these specific references appear when the right options have been selected. The orders placed must include all the information necessary for the right processing of the order.
The customer must also select the desired delivery method.
- Customs duties
Any order placed on the site and delivered outside of France may be subject to any taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes linked to the delivery of a product are the responsibility of the customer, considered to be an importer, and fall under his responsibility.
Nebula is not required to check the applicable customs duties and taxes. It is up to the customer to inquire with the competent authorities of his country.
- Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the site in order to acknowledge receipt of the customer's order.
A copy of the acknowledgment of receipt of the order is automatically sent to the Customer by email, provided that the email address communicated through the registration form is correct.
It is specified that the order form as well as the confirmation email of the order can be kept and printed by the customer.
- Billing
The customer can only make the payment by attesting to have read and accepted the GTC by checking the box " I read and accepted the GTC ».
During the order procedure, the Customer must enter the information necessary for invoicing (the sign (*) will indicate the compulsory fields to be filled so that the customer's order is processed by the seller).
The Customer must notably clearly indicate all the information relating to delivery, in particular the exact delivery address, as well as any possible access code to the delivery address.
The customer must also specify the payment method chosen.
Neither the order form that the Customer establishes online, nor the acknowledgment of receipt of the order that the seller sends to the Customer by email constitutes an invoice. Whatever the order or payment method used, the Customer will receive the original of the invoice (hereinafter, the " Bill "Or" Invoices ”) Upon delivery of products by email on the day of the delivery date.
6.1.2. Order date
The date of the order is the date on which the seller acknowledges online receipt of the order (hereinafter, the " Order date »).
The deadlines indicated on the site only start to run from this date.
6.2. Product characteristics
The seller undertakes to present in a clear, legible and understandable manner the essential characteristics of the products and the compulsory information that the customer must receive under the applicable law.
These characteristics and information appear on the product sheets present on the site and contain in particular the description of the product (color, possible size, etc.) the constitutive materials, the manufacturing processes used, the substantial qualities, the format, the advice of use , the maintenance conditions and the price of the product.
The Customer undertakes to read this information carefully before placing an order on the site.
The customer will be required to use the products in accordance with the instructions for use, and in compliance with their purposes.
All the products sold by the seller on the site comply with the European legislation in force and the standards applicable in France.
6.3. Unavailability of products and refusal of sale by the seller
The seller undertakes to deliver the product on the date or within the period indicated to the Customer, unless the parties agreed otherwise.
The unavailability of a product is indicated on the product page concerned. Customers can also be informed of the restoration of a product by the seller.
In any event, if the unavailability has not been indicated at the time of the order, the seller undertakes to inform the Customer without delay if the product is unavailable by notification in an e-mail.
If the customer decides to cancel his order for unavailable products, he will obtain the reimbursement of all sums paid for unavailable products, including delivery costs, at the latest in the fourteen (14) days following the date on which the GTC were denounced.
In addition to the aforementioned cases, the seller reserves the right not to deal with an order if the Customer is late for settlement or if the order placed A, taking into account the production capacities and the qualitative product distribution strategy, a character abnormal or disproportionate.
7/ Price and price reductions
The products are invoiced according to the price in force on the day of the order.
For all products, the customer will find prices displayed in euros excluding taxes (HT) and euros including all taxes, as well as the applicable delivery costs (depending on the weight of the package).
The prices including tax include value added tax (VAT) at the rate in force on the date of the order. Any modification of the applicable rate can impact the price of 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 products sold.
The prices of the seller's suppliers are likely to be modified. Consequently, the prices indicated on the site may change. They can also be modified in the event of offers, discounts or special sales.
The prices indicated are valid, unless I am crossed. The applicable price is that indicated on the site on the date on which the order is placed by the customer.
Any tax, tax, right or other service to pay in application of French regulations or those of an importing country or a transit country are the responsibility of the customer.
8/ PAYMENT
8.1. Payment terms
All invoices issued by nebula are payable at the registered office of nebula located in 67, rue Saint-Jacques, 75005 Paris, whatever the method of regulation accepted by nebula.
The Customer can pay his products online on the site by bank card, transfer or PayPal, depending on the detailed terms when ordering.
The Customer guarantees the Seller that he has all the authorizations required to use the chosen payment method.
The seller will take all the measures necessary to guarantee the security and confidentiality of the data transmitted online in the context of payment on the site.
It is therefore specified that all the information relating to the payment provided on the site is transmitted to the seller's bank and is not processed on the site.
8.2. Date of payment
For any orders placed by a customer located in France or abroad, the account will be debited upon order made on the site.
The seller can accept, under certain conditions, a payment of payment deadlines. In this case, the order will be paid in the thirty (30) Calendar days from the date of issue of the invoice, except other methods and payment date expressly accepted by nebula.
NEBULEUSE reserves the right to reduce payment deadlines and to request any useful guarantees for any sale made with a new customer or a customer presenting a risk of insolvency.
In any event, the total amount of the order must be paid before shipping products by nebula.
8.3. Delay in payment
Any unpaid amount automatically leads to the application of late penalties.
Delay penalties are due the day following the payment date on the invoice, without a reminder being necessary.
Applicable delay penalties will represent three (3) times the legal interest rate which means the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points.
Any customer in a situation of delay in payment is automatically debtor, with regard to the seller, of a flat -rate collection compensation in the amount of forty (40) euros.
Failure to pay any amount that is not paid at the due date makes all the invoices still due, without it being necessary for a nebula to send a prior notice to the Customer. These facts release nebuleuse from any commitment and authorize it to suspend any delivery until full payment of the invoices concerned and to automatically terminate any order to be executed or in execution.
8.4. Refusal of payment
If the bank refuses to debit a card or other means of payment, the customer must contact the seller's customer service in order to pay the order by any other medium payment valid and accepted by the seller.
In the event that, for any reason whatsoever (opposition, refusal or other), the transmission of the flow of money due by the customer to the seller is impossible, the order will be canceled and the sale automatically terminated.
9/ Transfer of owners and risks
9.1. Transfer of ownership
The seller remains the owner of the products delivered until their full payment by the customer.
The above provision does not preclude transfer to the Customer, at a time when the latter or a third party designated by him takes physically possession of the products, the risks of loss or damage to the reserve of the property reserve as well as the risks of damage that they will be able to train.
In the event of a delivery to a carrier other than that proposed by the seller, the risk of loss or damage to the product is transferred to the customer when the product is handed over to the carrier.
9.2. Risk transfer
Unless otherwise written on the other hand, otherwise the parties, the transfer to the customer of the risk of theft, loss, deterioration or destruction takes place during delivery or in the event of a delivery to a carrier during the delivery of the products to the first carrier.
10/ Deliveries
10.1. Delivery area
The products offered will be delivered in France and more broadly in Europe.
The products are dispatched to the delivery address that the customer will have indicated during the order process.
The delivery methods are defined by nebula and indicated to the customer when ordering.
No change in the procedures for delivery of the products will be able to take place without the prior and express agreement of nebula.
10.2. Shipping time
The deadlines for preparing an order and establishing the invoice, before shipping products in stock are mentioned on the site. These deadlines agree outside weekends and holidays.
An electronic message will automatically be sent to the customer at the time of shipping products, provided that the email address in the registration form is correct.
Orders are shipped from the manufacturing site or distribution center directly to the address defined on the order form.
10.3. Delivery deadlines and costs
During the ordering process, the seller indicates to the customer the possible shipping deadlines and formulas for purchased products.
Shipping costs are calculated according to the delivery method, the weight of the package and the delivery address. The amount of these costs will be due by the customer in addition to the price of the products purchased.
The details of the deadlines and delivery costs is mentioned on the site.
10.4. Delivery terms
The delivery methods are those indicated on the site.
The package will be given to the customer against signature of the delivery slip and on presentation of an identity document.
In the event of absence, a passing notice will be left to the customer in order to allow him to go and find his package in a withdrawal point. The passing notice is worth delivery and therefore attests to the delivery of the product.
10.5. Product delivery and reception problems
The delivery time indicated when ordering is given only indicative and is in no way guaranteed.
As a result, any delay in the provision of products will not be able to give rise to the customer's benefit to:
- Damages allowance;
- Penalty allocation;
- Cancellation of the order.
The Customer must make any complaint in the event of missing, deteriorated or non-compliance products (hereinafter, the " Non -compliant products »), By registered mail with acknowledgment of motivated receipt, sent to the head office of Nebuleuse in the thirty (30) Days of receipt of the products noted by the signing of the delivery slip, and to make any reservations to the carrier on the delivery slip.
Otherwise, the customer is deemed to have accepted the products without reservation.
The Customer must provide any justification for the reality of the defects noted, the seller reserving the right to proceed, directly or indirectly, to any observation and verification on site, and if necessary, remedy it.
The customer refrains from intervening himself or involving a third party for this purpose. Otherwise, the Customer cannot request any compensation or any compensation for nebula in any capacity whatsoever.
The return of non-conforming products is subject to the seller's prior acceptance. Any product returned without the agreement of a nebula will not be able to give rise to the establishment of a credit or a price reduction. No complaints will be accepted outside the procedures described in the GTC.
11/ Product marketing conditions
The customer forces himself to market the products under the brand and only in the point (s) of sale declared on his account and, if necessary, on his merchant site. The products will be exclusively intended for resale to consumers.
The Customer undertakes not to modify in any way whatsoever presentation of the products and to keep them until their sale, in order to preserve their quality.
The customer is required to control the products before their sale. He will only offer customers products in perfect condition, this condition being essential and decisive.
The customer will permanently exhibit a copy of each of the product models he has in stock.
The Customer will practice a personal and free policy of resale prices. However, Nubuleuse may indicate to the customer the advised sales prices without this communication covering a binding character for the customer.
The Customer takes care of the after-sales service from consumers who have purchased products in its points of sale or on its website and notably organizes its own product return policy and consumer reimbursement methods, if applicable. The customer will therefore bear any request from consumers after-sales by the customer of the products to the latter. The Customer understands and accepts that Nebuleuse will not intervene in the after-sales service process and in particular will not take up any product after their sale to consumers by the customer. It is recalled as long as necessary that the verification of the conformity of the customer's order is carried out on their delivery, according to the terms provided for in article 8.
The Customer obliges to comply with any legislation and/or regulation applicable to the sale of products.
The Customer guarantees to nebuleuse the management of any direct or indirect damage possibly caused by the customer to nebula due to the absence of compliance with the conditions below, including by the nebula payment of damages.
12/ Quality and point of sale of the customer
The products must be marketed under conditions adapted to their image and the editorial line of nebula, under the responsibility and competence of qualified persons, in a specially suitable sales area and an adequate environment.
The nebulous brand and the technical description of the products must be indicated at the point of sale and alongside each product.
In this regard, the customer declares to market articles of jewelry Benefiting from a brand image compatible with that of products manufactured by nebula.
The customer guarantees having a certain competence and employing qualified personnel.
It has one or more physical points of sale as indicated when creating its account, the location and layout of which comply with the brand image of products.
If the customer is not specialized in the retail trade of articles jewelry, it must have a separate location, specially delimited, reserved for the marketing of said items and clearly identifiable by consumers.
The customer will remain available to nebula to show him the point (s) of sale (s), where he will, to the exclusion of any other place, at the exhibition and the sale of products.
Any point of sale must correspond to the image of quality and large renown of the products and nebula reserves the right to invalidate any account if that was not the case.
Are thus notably taken into account to judge the quality of a point of sale:
-the layout of the point of sale which should allow consumers to view the products in the best conditions;
- The decoration and lighting of the point of sale which must allow an impeccable presentation of the products and participate in their aesthetic development.
The Customer undertakes to take charge, at his expense, any maintenance work, repair, renovation which would prove to be necessary in order to maintain the approved point of sale under optimal operating conditions.
The customer also undertakes to take particular care in the reception of customers. He must therefore have at the place of sale, and at normal opening hours, qualified people in the sale of jewelry, with a good knowledge of the products.
The final closure of the point of sale declared when the account is created (or all of the points of sale, in the event of plurality) leads to the automatic termination of these, without notice or prior notice.
The transfer, including in the same city, of a point of sale must be notified without delay to nebuleuse, which reserves the right to invalidate the account, if the said point of sale does not meet the detailed requirements hereby.
13/ Customer website
The customer, having a physical point of sale, undertakes to limit the sale of products from the "nebula" brand exclusively to this shop. Customer is strictly prohibited from selling these products online, whether via their own showcase site or a merchant site. The aim of this restriction is to preserve the consistency of the brand image and the exclusivity of the customer experience associated with "nebula".
The customer formally refrains from using the name "nebula" or any similar name as domain name, or in any other way likely to create confusion.
It is also strictly prohibited for the customer to use on his website or on any other online sales channel, professional visuals or any other content belonging to the brand. This includes images of products carried by models or models, photographs, videos, etc., which fall under the intellectual property of "nebula" and are exclusively reserved for use on its social networks or other sales channels.
The Customer undertakes not to reproduce the descriptions or other contents from the "Nebula" website, with the exception of technical descriptions specific to the products.
The customer's obligation to sell products individually, in their original packaging, and exclusively to end consumers, is maintained. Any suspicion of resale to third parties, such as intermediaries, wholesalers or retailers, must be immediately reported to "nebula".
Finally, the Customer is fully responsible for compliance with all the laws and regulations applicable to their physical point of sale, including but without limiting themselves, the protection of personal data, the regulations relating to retail and customs obligations .
14/ Storage and inventory management
It is up to the customer to ensure that the products will be stored from their delivery to their sale in the best conditions and that the products will be handled with care.
The Customer must also ensure that the same storage conditions are respected by the carrier when the transport of products is carried out under the responsibility of the customer.
The Customer guarantees to nebuleuse the management of any direct or indirect damage possibly caused by the customer to nebula due to the absence of compliance with the conditions below, including by the nebula payment of damages.
Nebuleuse will not be responsible for quality defects due to unsuitable storage conditions.
Consequently, non-compliance with the above storage conditions, cannot engage the responsibility of nebula or give rise to the return of the products concerned.
15/ Intellectual property
15.1. Methods of using the intellectual property rights of the parties
Nebuleuse retains the property and enjoyment of intellectual property rights belonging to it and in particular copyright, drawings and models, brands, patents, domain names and any other distinctive sign, including denominations, logos, Commercial names and signs, as well as sui generis rights.
The acceptance of the GTC is worth recognition by the customer of the seller's intellectual property rights and commitment to respect them.
The authorization to use the seller's intellectual property rights is only granted to allow the execution of its obligations in application of the GTC, and its direct consequences.
Any use, in any form or nature whatsoever, by the customer, of the intellectual property rights of nebula which would exceed these limits requires the prior written and written consent of the holder of intellectual property rights.
The Customer undertakes to make no modification, in any form or nature whatsoever, to the object or to the product protected by a right or intellectual property rights.
In particular, he undertakes not to modify, alter or deteriorate the visual identity of all the distinctive signs of nebula.
In addition, he undertakes to comply with the instructions or recommendations that the seller could communicate with regard to the methods of using his intellectual property rights.
The customer is not authorized to give in or to concede any intellectual property right to nebula to third parties.
Whatever the cause of the end of trade relations between the seller and the customer, and therefore the end of the application of these presents, the customer will cease to use, in any way whatsoever, the intellectual property of nebula .
15.2. Site property
All the elements of the site, whether literary (texts, comments), visuals or sounds, including underlying technology, are protected by copyright, brands and/or patents.
They are the property of nebula.
As such, and in accordance with the provisions of the intellectual property code, only the use for private use subject to different provisions of the intellectual property code is authorized. Any total or partial reproduction of the site is strictly prohibited and will constitute an infringement.
As part of the edition of a site, the creation of a direct hyperlink to the site must be the subject of a written request for prior authorization by registered letter with acknowledgment of receipt addressed to Nebuleuse.
This seller's authorization will in no case be definitively granted. This link must be deleted at the seller's request.
Hypertext links to the site that use techniques such as framing (framing) or insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial, of the site and its content, by any process whatsoever, without the express prior authorization of the seller, is prohibited and will constitute an infringement sanctioned by the provisions of the Intellectual Property Code.
15.3. Declarations and guarantees
The Customer undertakes to notify without time of any violation by third parties of the intellectual property rights of the seller of which he could be informed.
To this end, he undertakes to transmit any useful information to nebula and to provide assistance adapted to the protection of his rights.
This commitment also applies in cases of unfair competition or parasitism committed by third parties. However, the customer is not authorized to initiate legal action in the name and on behalf of nebula.
Finally, the Customer undertakes not to sell goods which would undermine the intellectual property rights of the seller or would characterize acts of unfair competition or parasitism towards him.
15.4. Product presentation materials
Advertising equipment and presentation of products that is made available to the customer can only be used for the presentation of products, excluding all other products. The seller reserves the right, in the event of an offense noted, to immediately resume possession of the equipment.
The Customer undertakes not to modify, alter or deteriorate the product presentation of the products given to him. In addition, he undertakes to comply with the instructions or recommendations that the seller could communicate to him and relating to the methods of using the product presentation equipment.
The presentation equipment is and remains the property of nebula and must be returned by the customer to the seller at first request. In the event of cessation of commercial relations, the Customer undertakes to spontaneously restore any advertising medium and product presentation material, as well as any element made available to him, that he is expressly refrained from using. In addition, the Customer undertakes to destroy any copy of the presentation equipment, including on electronic or digital support.
15.5. Respect for brand image and products
The Customer will take care to present, sell and advertise products with the usual care required for products of similar quality and in an environment in accordance with the reputation and the brand image and the intellectual property rights of Nebula.
Any presentation, promotion or sale of products under conditions affecting the intellectual property rights of Nebuleuse, in particular rights on its brand, will engage the responsibility of the customer. The consent of nebula to enter into commercial relation with the customer is directly and essentially conditioned by compliance with this obligation.
Nebuleuse may then, without prejudice to any action for damages, cease without notice any contractual and commercial relationship with the customer.
16/ Personal data
The Customer expressly accepts that individual data concerning him is subject to computer processing on the part of nebula within the framework of these and under defined conditions.
16.1. Collection and use of individual data
Nebuleuse, controller, implements personal data processing aiming for customer relations management, including in particular the management of customer information contained in the customer file, the management of customer trade relations, the management of quotes and orders as well as after-sales service complaints and files, management of promotional operations and campaigns, managing customer access to warehouses and on the site, purchasing and payments management, or marketing and strategic studies , and this, as part of the presents signed between each client and nebula.
The data collected is essential for these treatments and is intended for the services concerned of nebula.
The data of the client collected is in particular identification data (civil status, identity, etc.), connection, banking, geolocation, purchasing history, follow -up of orders, etc.
16.2. Shelf life
Customer data is kept as much as possible for the entire duration of the increased contractual relationship for legal prescription periods.
16.3. Security and access to computerized data
Access to customer data is limited to persons authorized to carry out data processing, security and computer maintenance operations.
16.4. Right of access, update and right to rectify individual data
The Customer has a right of questioning, access, limitation of data processing, rectification or erasure of computerized data concerning him, as well as the right to the portability of his data.
16.5. Withdrawal of consent, right of opposition and leaves data after the death
The customer can at any time withdraw his consent from the treatment granted in the context of these and oppose, for legitimate reasons, to the processing of his individual data by nebula. He can also oppose his data at any time to be used for commercial prospecting purposes. The Customer also has the right to define directives relating to the fate of his data after his death.
16.6. Contact
For all the rights granted to the Customer by the regulations in force in terms of personal data protection, the Customer must send his request by post to the attention of the data protection manager, a nebuleuse company, to the address Next: 67 rue Saint-Jacques, 75005 Paris - A copy of an identity document can be requested.
The Customer finally has the right to submit a complaint to the National Commission for Data Protection (CNIL).
17/ COOKIES
Users are informed that when browsing the site and/or when they access external content from third -party services, cookies are likely to be deposited or read on their reception terminal (e.g. computer, mobile equipment ).
Thus, beyond personal data, cookies make it possible to collect, for example statistical and security, information relating to connection (duration, pages of the site visited), the terminal (operating system) and to User navigation (browser type).
Information on the nature and the purposes pursued by the cookies used on this site appear on the consent banner which appears during the first navigation on the site, in which users have the possibility of consenting or opposing the Deposit and/or when reading cookies for purposes. Users recognize, however, that the refusal of cookies strictly necessary for the proper functioning of the site is likely to impact their use of the site.
By clicking on "Cookie management" they can access again, and at any time, to display the configuration interface and thus have the possibility of consenting or opposing the deposit and/or reading of the cookies by end.
18/ RESPONSIBILITY
The responsibility of nebuleuse cannot be engaged for any material or intangible and/or indirect damage such as in particular: loss of use, data loss, loss of goods, loss of exploitation (income, profit ...) and/ or immobilization of a product and any other costs or costs resulting from a defect of it.
The seller is held from the guarantee due to the hidden defects of the sold product which make him unfit for the use to which it is intended, or which decreases this use so much that the customer would not have acquired it, or would have given it that a lower price, if he had known them (article 1641 of the Civil Code).
This guarantee allows the customer, who can prove the existence of a hidden defect, to choose between reimbursement of the price of the product if it has returned, or to keep the product and have part of the price (article 1644 of the Civil Code).
The action resulting from crumbling defects must be brought by the customer within two (2) years from the discovery of the defect (article 1648, paragraph 1er of the Civil Code).
19/ Account deletion
A customer can at any time request the closure of his account by e-mail addressed to Nebuleuse.
However, the deletion of the account cannot be taken into account as soon as orders are underway. If necessary the deletion of the account will take place at the closing of orders, that is to say after payment and reception of the products by the customer.
Nebuleuse reserves the right to delete the account of a user in case of:
- Insolvency;
- Offender acts at the provisions of the Intellectual Property Code, and more generally to the applicable legislation in force;
- Customer failure to any of the obligations incumbent on him under CGV;
In the event of a closing of the account, whatever the cause and whatever the author, the customer must:
- Cess any exploitation on the Internet of products and any use in any capacity whatsoever of the visual and technical elements provided by nebula;
- Restore at her own costs to nebula, within ten (10) days from the closure of the account, advertising documents as well as any other elements possibly delivered by nebula;
- Make any sign disappear from any sign that can allow customers to believe in the quality of a nebula reseller;
- Do not use any brand, trade name, denomination, sign, distinctive sign, acronym, techniques or other, likely to lend to confusion with any of those conceded by nebula;
- Sell, within two (2) month From the closure of the account, its residual stock of products. In the case, where at the expiration of this period, the customer would not have sold all of his stock of products, he will put in nebula the stock of not sold products. These products will be taken up by nebula for the billed purchase price of said products, as it appears on invoices with the exception, however, of products which, taking into account their state or seniority, can no longer be offered to customers; These products will then be given by the client to nebula who undertakes to destroy them.
20/ Award of jurisdiction
Any dispute and any dispute relating to the sales of nebula, to the payment of the price of these contracts, to the execution or interpretation of the GTC are the jurisdiction of the Commercial Court of Paris, even in the event of appeal in guarantee or plurality of defendants. French law is only applicable to trade and contractual relations between the parties.
21/ TRANSLATION
The GTC are written in French, if necessary, any translation of these GTCs are only offered by courtesy with respect to users. For any dispute that may arise due to the execution of the present, the French version would prevail.
Contact pro: pro@nebuleusebijoux.com
Last update date: 1/07/2024