GENERAL TERMS AND CONDITIONS OF ONLINE SALE OF THE NUNCHAKU CONNECT WEBSITE
1. General provisions NC PRODUCTION is a Société par actions simplifiée à associé unique, with a share capital of EUR 1,000, registered with the RCS of Versailles under the number 880 466 172, whose registered office is located at 12 A, Rue Ballastière -78360 Montesson (France). Its intra-community VAT number is FR64 880 466 172. The company NC PRODUCTION is specialized in the online sale of nunchakus and associated accessories, as well as free-style nunchakus video trainings. The company NC PRODUCTION is the owner and publisher of the website Nunchaku Connect (accessible at the address www.nunchaluconnect.com), through which the customers of the company NC PRODUCTION have the possibility to order nunchakus and associated accessories, as well as to follow video trainings of freestyle nunchakus.
2. Definitions In the present general terms and conditions of sale, words or expressions beginning with a capital letter shall have the following meaning: Article(s): designates the nunchakus and associated accessories offered for sale on the Site. Customer: designates any natural person or legal entity who buys an Article or a Formation sold on the Site, under the conditions agreed upon herein. Trainings : designates the various video trainings of free-style nunchakus proposed to the online purchase by the Company, through unit purchase or subscriptions. Party(ies): means individually the Client or the Company and collectively the Client and the Company. Site: means the Nunchaku Connect website owned and published by the Company. Company : designates the company NC PRODUCTION.
3. Subject The present General Terms and Conditions of Sale are intended in particular to detail their scope of application, as well as the conditions of their acceptance. They also present the Items and Courses (in a non-exhaustive manner), as well as the conditions under which said Items and Courses are sold on the Site. They also specify the terms of order and payment of these Items and Courses, as well as the terms of delivery and return of the Items. They also deal with the limitation of the Company’s liability.
4. Scope of application of the General Terms and Conditions of Sale The Parties agree that their relations are governed by the present terms and conditions, to the exclusion of any terms and conditions previously available on the Site. The present General Terms and Conditions are applicable to all orders for Items and Training Courses offered by the Company and placed through the Site.
5. Acceptance of the General Terms and Conditions of Sale Any order of Items or Trainings on the Site implies the express prior acceptance and without reserve of the present on behalf of the Customer, under the conditions set out in Article 8.1 hereof.
6. Articles The Company offers a selection of Articles for sale online through the Site. The Company reserves the right to modify this selection at any time. Moreover, this selection is valid within the limits of available stocks. Thus, in the event of an out-of-stock condition of an ordered Item, the Company shall inform the Customer. The Parties will agree together: (i) the delivery of an Article offering similar characteristics to the Article initially ordered; (ii) the issue of a credit note valid for one year on the Site (excluding sales periods); (iii) the refund of the Article concerned. The Items are accessible from the “Shop” tab. » The Articles are described by means of detailed fact sheets, as well as additional information. The Items are also presented visually by means of photographs and the Items shipped are always in accordance with the photographs and descriptions displayed on the Site. Only persons of full legal age and with full legal capacity may enter into a contract with the Company and thus purchase an Item through the Site.
7. Training The Company offers, for sale online, through the Site, video training courses of free-style nunchakus. The Trainings offered by the Company are more detailed on the Site and are grouped into three levels (beginner / intermediate / advanced). After having respected these various stages, the Customer pays his order, via Paypal or by credit card, by following the instructions provided for this purpose on the Site.
8.1. Steps for Ordering Single Items and Training Courses Any purchase of a material/unit formation involves : – the selection of an Item by clicking on the “ADD TO CART” button and/or of a Formation by clicking on the “BUY VIDEO” button; – its validation for payment, by clicking on the “CHECK-OUT” button, after the Customer has read it the summary of your order (accessible from the “shopping cart” icon in the main menu of the Site); – the Customer must then fill in the fields of the form relating to invoicing and delivery (in the event of an order for Articles), provided for this purpose on the Site (first name; surname; country; address; postcode; town; country; telephone; email), before being able to choose a method of payment (via Paypal or credit card); – the Customer may proceed with payment, without creating a personal account on the Site. If he wishes to have a personal account on the Site, he must follow the procedure for creating a personal account set up by the Company, which can be accessed by clicking the “Account creation” box at the end of the aforementioned form. After having followed these various steps, the Customer pays for his order, via Paypal or by credit card, by following the instructions provided for this purpose on the Site.
8.2. Steps for ordering Training Courses through a subscription The Courses are also sold through subscriptions, following the following ordering steps: -From the pages dedicated to each Training, the Customer has the possibility to click on the button ” BECOME MEMBER ” ; – he is then redirected to a subscription selection page (three month; six months; one year) ; – after having selected the subscription formula he wishes, he is redirected to a page summarising his order and must fill in all the fields required in the forms on this page (personal account; billing address; payment information); – the Customer cannot proceed with the payment of a subscription without having a personal account on the Site. After completing these various steps, the Customer pays the full amount of the selected subscription in one go, by credit card for three-month and six-month subscriptions.
For one-year subscriptions, it is a monthly withdrawal of ten euros per month for twelve months, renewable.
After the twelve-month period, the customer may cancel the subscription at any time.
8.3. Automatic order confirmation Once the payment of his order has been made, the Customer receives an automatic confirmation of his order by email, at the address he has filled in the form provided for this purpose and referred to in Articles 8.1 and 8.2 hereof (provided that he has filled in a valid and error-free email address). This automatic confirmation is made subject to its definitive validation by the Company, under the conditions described in Article 8.4 hereof.
8.4. Definitive validation of orders by the Company The Company reserves the right not to proceed with an order: – when the banking organization in charge of managing the payment of the order demonstrates the inability to implement the payment of the Customer; – if there is an abnormal request due to the content, the frequency, or the bad faith of the Client; – more generally, in the event of a legitimate reason as provided for in Article L. 121-11 of the French Consumer Code. In the event that the Company validates the Customer’s order, the invoice is automatically sent to the Customer by email, to the address provided by the Customer on the form provided for this purpose and referred to in Articles 8.1 and 8.2 hereof (subject to having provided a valid and error-free email address). In the event that the Company does not accept the Client’s order for one of the aforementioned reasons, the Client shall receive an email (to the email address provided by the Client on the form provided for this purpose and referred to in Articles 8.1 and 8.2 hereof), informing him/her that his/her order is cancelled and that the amount will not be debited or that it will be refunded as soon as possible.
8.5. Right of retraction in case of order of Articles In accordance with the provisions of Article L.221-18 of the Consumer Code, any Customer has a right of withdrawal of fourteen (14) days from receipt of his Article, allowing him to return said Article without having to justify his reasons or pay a penalty. The information relating to the Customer’s right of withdrawal is set out in the standard information sheet on the right of withdrawal attached hereto (Appendix 1). The Customer shall exercise his right of withdrawal by unambiguously informing the Company of his decision to withdraw, in particular by filling in the standard withdrawal form annexed hereto (Annex 2 ). The Client shall return the Article only to the address indicated by the Company, within fourteen (14) days following the communication of its decision to withdraw. It is reminded that the return postage costs of the Articles are to be paid by the Customer. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Article(s) purchased will be refunded to the Customer. Delivery costs will never be refunded. The Company will reimburse the Customer, using the same means of payment as that used to make the order, the sums paid for the purchase of the Articles, at the latest within fourteen (14) days following the exercise of the right of retraction.
8.6. Absence of right of retraction in case of an order for Training Courses By accepting the present General Terms and Conditions of Sale, the Customer : (i) expressly accepts that the execution of the Training Sessions begins before the expiry of the withdrawal period granted to him by Article L. 221-18 of the French Consumer Code; (ii) expressly waives this right of withdrawal. Under these conditions, in accordance with the provisions of Article L. 221-28 of the French Consumer Code, as the Trainings on the Site are fully executed before the end of the withdrawal period provided for in Article L. 221-18 of the French Consumer Code, the Customer does not benefit from the aforementioned right of withdrawal.
9. Prices and payment
9.1. Prices The prices of the Items and the Trainings proposed by the Company are fixed. These prices are indicated on the Site and are quoted in euros. Depending on the Client’s situation in Europe, the price is either a price excluding VAT or a price including VAT. When the Client is located in the rest of the world, the price is always a price excluding VAT, as VAT is not applicable. In any event, it is a final and non-revisable price, not including delivery costs in the event of an order for Articles (which are specified to the Customer at the time of selecting a delivery method). The price is paid in accordance with the provisions of Article 9.2 hereof.
9.2. Payment The payments of Articles and Trainings are made via Paypal or by credit card using secure payment services. Once the payments for Items and Trainings have been made and the related order has been validated, under the conditions defined in Article 8 hereof, the Company shall send the Customer an invoice corresponding to the email address filled in by the Customer on the form provided for this purpose and referred to in Articles 8.1 and 8.2 hereof (subject to having filled in a valid and error-free email address).
10. Delivery of the Items
10.1. Terms and conditions of delivery Deliveries are made via Colissimo, within four (4) to twelve (12) working days, to the place of delivery chosen by the Client.
10.2 Delivery zone The Company delivers worldwide.
11. Receipt of Items In accordance with the provisions of Article L. 133-3 of the French Commercial Code, in the event of damage or partial loss of the Articles ordered during transport, the Client shall notify the Company and the carrier, by extra-judicial act or by registered letter with acknowledgement of receipt, at the latest within three (3) days, not including public holidays, from the date of receipt. If no claim or reservation is made in this respect under the above-mentioned conditions, the said Articles may no longer be taken back or exchanged by the Company and no recourse may be taken against the carrier.
12. Retention of title The Company retains full ownership of the Articles purchased until the Customer has fulfilled all its obligations and in particular until full payment of the price.
13.1. Right of withdrawal Requests to exercise the right of withdrawal shall be addressed to the Company’s customer service department: (i) by email (at the address: email@example.com); (ii) by post (at the address: 12 A, Rue Ballastière -78360 Montesson (France)). These requests must indicate: certain personal information about the Client (surname; first name; telephone number; e-mail address); the name of the recipient of the order and his or her delivery address; the date and place at which the request to exercise the right of withdrawal is made. Requests made by email may be made using the form provided for this purpose in the appendix hereto (Appendix 2). Items on which the right of withdrawal can be exercised must be returned complete and in their original condition.
13.2 Legal guarantees of conformity and hidden defects In accordance with the provisions of the Consumer Code applicable to consumer buyers, the Company is required to deliver a good that complies with the description of the Article as displayed on the Site. Failing this, the Client may request a refund of the Article or its replacement. The Client may also decide to implement the guarantee against hidden defects of the item under the conditions of articles 1641 et seq. of the Civil Code. If the Client exercises the legal guarantee of conformity or the guarantee against hidden defects, the Company shall reimburse the Client under the conditions provided for in Article 15 hereof or shall proceed to replace the Article concerned. The Article covered by the Client’s request must be returned to the Company in its original, new and unused packaging. In any event, the Client may only obtain a refund or replacement of the Article if the lack of conformity or the hidden defect is proven and noted by the Company, under the aforementioned conditions.
14.1 Obligations of the Customer Prior to the validation of any order, the Customer undertakes to provide accurate and sincere information about himself. In addition, to place an order on the Site, the Customer must have the legal capacity to do so.
14.2. Obligations of the Company The Company endeavours to provide on the Site information relating to the Articles that is as reliable and qualitative as possible. Moreover, before any dispatch of an Article, the Company verifies its conformity with the Customer’s order.
15. Excluded from guarantees Are not covered by any guarantee, neither legal nor conventional, the possible defects affecting the Articles or their characteristics, as well as the direct and indirect damages suffered by the Customer or by third parties due to the abnormal and nonconforming use of the said Articles to the use for which they are normally intended.
16. Reimbursement In the event of return of an Article, under the conditions provided for in Article 13.1 hereof, the Company shall only reimburse the Client for the cost of the said Article. Under no circumstances will it reimburse the Customer for the costs related to transport (delivery and return). In the event of the return of an Article under the conditions provided for in Article 13.2 hereof, the Company shall reimburse the Client not only the cost of the said Article, but also the costs relating to transport (delivery and return). In any event, the Company shall not refund either the Articles or the delivery costs in the event of proven bad faith on the part of the Client.
17. Duration of Training Subscriptions Training Courses can be purchased through subscriptions for three months, six months or one year. Subscriptions are tacitly renewable for periods of the same duration, unless terminated by the Customer fifteen (15) days before the end of the current contractual period, by email at firstname.lastname@example.org.
18. Modification of the General Terms and Conditions of Sale The applicable General Terms and Conditions of Sale are those in force on the date the order is validated by the Customer. However, the Company may be required to modify the present Terms and Conditions at any time, without prior notice, subject to informing its Customers as soon as these modifications come into force by email and/or by publishing the said modifications on the website of which it is the publisher. The Company shall update the General Terms and Conditions of Sale by indicating the date of the last update at the top right-hand corner of the present Terms and Conditions.
19. Intellectual Property All the elements contained on the Site owned and published by the Company are protected by intellectual property laws. The user is entitled to access, modify, rectify and oppose any information concerning him/her. The Customer may, subject to the production of valid proof of identity, exercise these rights by contacting the customer service department by registered mail with acknowledgement of receipt, at the following address: email@example.com. If the Client no longer wishes to receive the Company’s news, requests (by telephone, SMS, post or email) and invitations, he or she has the option of indicating this via the link reserved for this purpose, of modifying his or her choices by contacting the Company under the conditions mentioned above or, where applicable, by modifying the parameters of his or her online account. Finally, the Customer is informed that he has the possibility of registering on the list of opposition to telephone canvassing (www.bloctel.gouv.fr/). For any additional information or complaint, the Client may contact the CNIL (www.cnil.fr).
20. Responsibility The Company shall only be liable for direct damage caused by its fault, proof of which must be provided by the Client. The Company shall not be liable for any indirect damage suffered by its Clients.
21. Force majeure In accordance with the provisions of Article 1218 of the French Civil Code, in the event of force majeure, the Company shall not be liable for any failure to perform its obligations. More specifically, concerning the order of Articles, the Company shall not be held liable for a delay/failure to deliver due to a cause beyond its control, in particular in the event of bad weather, natural disaster, strike, road accident, etc. In the event that the effects of an event of force majeure extend beyond ninety (90) days, the Client may cancel his order by registered letter with acknowledgement of receipt and obtain a refund for the Items/Trainings from which he was unable to benefit.
22.1. Waiver The fact that the Company does not avail itself, at a given time, of any of the provisions hereof, shall not be interpreted as a waiver by the Company of its right to avail itself of any of the said provisions at a later date.
22.2. Validity / indivisibility The nullity, unenforceability, or more generally, the lack of effect of any of the stipulations of the General Terms and Conditions of Sale shall not affect the other stipulations, which shall remain perfectly valid and binding.
23. Customer Service The customer service department of the Company is available: – by email at firstname.lastname@example.org ; – by post at the address: 12 A, Rue Ballastière -78360 Montesson (France)
24. Amicable settlement of disputes Customer claims should be made to the Company’s customer service department (which can be reached at the contact details mentioned in Article 23 hereof). After he has sent a claim request to the Company and in the event that it is impossible to reach an amicable agreement, the consumer Client is duly informed that he is entitled to have recourse to mediation in accordance with the provisions of Article L. 612-1 of the French Consumer Code. Whichever Party wishes to have recourse to mediation, it must first inform the other Party by means of a registered letter with acknowledgement of receipt, specifying the reasons for the dispute. The Company’s mediator is Devigny Médiation (11, rue de l’étang – 49220 Thorigne d’Anjou). He can be contacted directly by following the link below: www.devignymediation.fr. Furthermore, in accordance with article 14.1 of Regulation (EU) n°524/2013 of the European Parliament and of the Council of 21 May 2013, the Consumer Client may also use the online dispute resolution platform accessible by following the link below: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR.) In addition, in accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the Consumer Customer may also use the online dispute resolution platform accessible by following the link below: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR).
25. Applicable law and competent jurisdiction The General Terms and Conditions of Sale are subject to French law. Any dispute relating to the present terms and conditions shall be brought before one of the courts territorially competent under the Code of Civil Procedure. The consumer Customer has the possibility to submit any dispute relating to the present contract either before the jurisdiction of the place where the consumer was residing at the time of the conclusion of the contract, or before that of the place of the occurrence of the harmful event. In any event, the Consumer Customer is duly informed that he is entitled to have recourse to mediation in accordance with the provisions of Article L. 612-1 of the French Consumer Code and Article 24 hereof.
26. French and foreign versions The present General Terms and Conditions of Sale are written in French. In the event of contradiction or misinterpretation, they will prevail over any other version which would be written in another language at the request of the Customer.
27. Election of domicile The Company’s address is 12 A, Rue Ballastière -78360 Montesson (France). APPENDIX 1: STANDARD INFORMATION SHEET ON THE RIGHT OF WITHDRAWAL You have the right to withdraw without giving any reason within fourteen (14) days. The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods. To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail). You may, but is not obliged to, use the model form provided for this purpose. Requests to exercise the right of withdrawal shall be addressed to the Company’s Customer Service Department : (i) by email (at the address: email@example.com); (ii) by post (at the address: 12 A, Rue Ballastière -78360 Montesson (France). Requests made by email or by post may be made using the form provided for this purpose in the appendix hereto (Appendix 2). For the withdrawal period to be respected, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. In the event of withdrawal by you, we will refund all payments received from you, except for delivery costs, and in any event no later than fourteen days from the day we are informed of your decision to withdraw. We will make the refund using the same means of payment that you used for the original transaction, unless you expressly agree to a different means; in any case, this refund will not incur any costs for you. We may defer the refund until we have received the goods or until you have provided proof of shipment of the goods, whichever comes first. You must return or surrender the goods to us without undue delay and in any event no later than fourteen days after you have notified us of your decision to withdraw. This time limit is deemed to have been respected if you return the goods before the fourteen (14) day period has expired. You will have to bear the direct costs of returning the goods. Your liability is only incurred with regard to the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.
APPENDIX 2: WITHDRAWAL FORM
If the Customer wishes to exercise his right of withdrawal, in compliance with the conditions set out in Article 13.1 of these General Terms and Conditions of Sale, he may use the form below. — To the attention of NC PRODUCTION. I hereby notify you of my withdrawal from the contract for the sale of the following Article(s) : – Name(s) and reference(s) of Article(s) : – Ordered on : – Received on : – Place of delivery : – Order number : Name and first name of the Customer at the origin of the order : Address of the Customer at the origin of the order: Telephone number of the Customer placing the order: Email of the Customer placing the order: Name, first name and address of the recipient of the order if different from the Customer at the origin of the order: Signature of the Customer in case of notification of this form on paper: Date :