GENERAL CONDITIONS OF SALE TO INDIVIDUAL CUSTOMERS
Article 1- Scope and pre-contractual information
These general terms and conditions of sale (the “GTC“) apply to sales of electric scooters, batteries, spare parts, accessories and related repair services (the “Products“) concluded between the company NAMI (“NAMI SAS“) and consumer customers (the “Customer(s)”) from the website www.nami-electric.com (the “Website“).
No particular condition can, without prior and written acceptance by NAMI, prevail over the GCS, so that all contrary conditions set by the Customer will be, in the absence of prior and written acceptance by NAMI, unenforceable against the latter.
NAMI reserves the right to modify the GCS at any time and will inform the Customer thereof, the modifications then being applicable to orders placed after the modified GCS are posted online.
These GCS can be consulted on the Website and are also communicated for acceptance by the Customer during the process of ordering the Products on the Website. Any order of Products therefore implies the pure and simple acceptance of the GCS.
The Customer acknowledges having had communication, prior to ordering the Products, in a readable and understandable manner, of these GCS and the information listed in Article L.221-5 of the Consumer Code and in particular the following information:
- information relating to the identity and full contact details of NAMI;
- the essential characteristics of the Products offered for sale;
- the price of the services and the terms of payment;
- the general and specific conditions of use of the Products;
- terms of delivery and handling of complaints;
- the procedures for exercising the legal warranties relating to the Products;
- the terms and conditions for exercising the right of withdrawal.
The GCS are written in French in their original version which alone is authentic, taking precedence over any other version translated into a foreign language.
If any stipulation of the T&Cs is declared null or without effect whatever the legal basis by a Court or any other administration or authority, such a decision will in no way affect the validity of the other stipulations.
The fact of not exercising, at any time, a prerogative or a right recognized by the GCS, or of not requiring the execution of any stipulation of the present can in no case be interpreted, nor as a modification of the contract, nor as an express or tacit waiver by NAMI of the right to exercise said prerogative in the future, or of the right to require the scrupulous execution of the commitments entered into herein.
Article 2- Identity and contact details of NAMI
Sales of products online from the Website are offered and managed by NAMI.
Any request, complaint or payment concerning the Products sold online must be sent by the Customer directly to NAMI, all of whose contact details are given below:
|Identity:||NAMI, single-member limited liability company, with share capital of €306,820, represented by its Manager, Mr. Johann MAUGUERET.|
|Siren / VAT:|| SIRET n°895 255 677 00018 (RCS MEAUX)
Intra-community VAT n°FR03895255677
|Address:||16 Avenue Christian Doppler – 77700 BAILLY ROMAINVILLIERS (FRANCE)|
Article 3 – Products
The Products offered for sale by NAMI are described and presented on the Website, with their descriptions, photos and technical characteristics.
Although NAMI makes every effort to ensure that the photographs present on the Website are faithful and up-to-date reproductions of its Products, the Customer is expressly informed of the fact that the said photographs, illustrations and indications (in particular of dimensions, characteristics techniques and/or colors) are given for information only and cannot therefore constitute a contractual commitment, nor any guarantee on the part of NAMI, on the perfect similarity between the Products ordered by the Customer and the photographs, illustrations and indications appearing on the Website.
In any case, the Customer is invited to contact NAMI at the contact details referred to in article 2 above for any questions and/or additional clarifications concerning the Products.
Article 4- Orders – Formation of the sales contract
The quotes established by NAMI from the Website are valid for a period of seven (7) calendar days from their date of issue.
Any indication and/or price proposal provided by mail, e-mail and/or telephone, without being formalized in the context of an estimate, cannot bind NAMI in any capacity and in any way whatsoever.
Online ordering process
For any order of Products from the Website, the Customer must follow the following steps, the order of which may vary depending on the updates and technical constraints of the Website.
- Dial the address of the Website and follow the instructions displayed, in particular for the creation of a customer account (mandatory for placing an order).
- Complete, according to the indications displayed, the order form and in particular the information necessary for the identification of the Customer, his name, his first name, his postal address, his e-mail address, his delivery address and his billing address.
The Customer is responsible for the accuracy and completeness of the information provided and entered on the Website, so that NAMI cannot be held responsible for any defect, delay and/or non-conformity of delivery linked to inadequacies or errors. in the information entered.
- Check the elements of the order and, if necessary, identify and correct any errors and omissions.
- Validate the order, the total price including all taxes (TTC), as well as, where applicable, the processing and delivery costs mentioned when ordering.
- Follow the instructions of the online payment server to pay the price inclusive of all taxes (TTC), including incidental costs.
- The Customer then receives an electronic confirmation of acceptance of payment for the order.
In the event that the debit of the price, all taxes included (TTC) and all costs included, is impossible, the online sale will be immediately resolved as of right and the order canceled, without the Customer being able to make any claim in this respect.
The Customer definitively validates his order, in view of a summary displayed on the screen, by clicking on the “confirm payment” tab to demonstrate his commitment, his knowledge and his acceptance of the GCS and the purchase made.
At the end of the ordering process, it is recommended that the Customer download, save and/or print the T&Cs, as well as the information relating to the order placed.
From its validation, the order is submitted to NAMI for processing and can no longer be canceled or modified by the Customer subject to the clauses relating to the right of withdrawal referred to in Article 8 below.
An order confirmation e-mail summarizing the details of the order placed together with the GCS is sent to the Customer at the e-mail address he provided when placing the order.
Article 5- Availability of Products
The Product offers and the prices proposed by NAMI are valid as long as they are accessible on the Website and only within the limits of available stocks.
In the event of unavailability of the Product(s) ordered, the Customer will be informed by e-mail, telephone or simple mail as soon as possible upon receipt and validation of the order.
The Customer may then choose (i) either to accept the deadline proposed by NAMI for the time to receive the Product(s) ordered, (ii) or to request the cancellation of the order and the reimbursement of the price paid, (iii) or request the delivery of an equivalent or similar Product in return for the price he has paid, possibly increased by an additional price or, on the contrary, reduced by a price reduction depending on the replacement Product chosen, to the exclusion of any other claim or indemnity whatsoever.
Article 6- Price and terms of payment
The prices of the Products are indicated on the Website as well as during the ordering process.
The prices of the Products are indicated in euros (€) or in USD dollars ($) and include all taxes (TTC) taking into account the VAT rate applicable on the day of the order.
Except in special cases mentioned when ordering, the prices including all taxes (TTC) include the costs of processing and delivery of the Products.
For any sale made outside metropolitan France, the Customer alone assumes the burden and responsibility for the payment of all import duties and taxes that may be applicable.
NAMI reserves the right to modify its prices at any time, it being understood that orders of Products will be invoiced on the basis of the prices in force, at the time of registration of each order, as they will appear on the Website.
The price of the Products including all taxes (TTC) is payable in euros (€) and must be paid in full on the day of the online order.
Constitutes a payment within the meaning of this article the effective provision to NAMI of the funds corresponding to the price including all taxes (TTC) and all costs included.
Payments can be made by credit card, PayPal system or bank transfer.
In the event of payment by bank card and/or PayPal system, the price including all taxes (TTC) and all costs included of the Products ordered is immediately debited from the Customer’s bank card after verification of the latter’s data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.
The commitment to pay given by means of a payment card is irrevocable.
By communicating the information relating to his bank card, the Customer authorizes NAMI or his service provider to debit his bank card for the amount corresponding to the total price, all taxes included (TTC) and all costs included, of the Products ordered.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his.
The Customer communicates the sixteen (16) digits and the expiry date of his credit card as well as, where applicable, the numbers of the visual cryptogram.
It is expressly reminded that the online sale will be immediately resolved as of right and the order canceled, without the Customer being able to make any claim in this regard, if:
- in the case of payment by credit card and/or PayPal system: the debit of the price including all taxes (TTC) is impossible at the time of placing the order;
- in the case of payment by bank transfer: NAMI must receive the transfer to its bank account of the sum corresponding to the price including all taxes (TTC) within seven (7) working days from the date of the order.
After payment for the Products, NAMI sends an invoice to the Customer by post and/or e-mail, this invoice also being available from the “My Account” section of the Website.
Article 7- Delivery of Products
Following his order, the Customer receives by e-mail a link allowing him to follow the stages and deadlines for the delivery of the Products.
In principle and unless otherwise agreed, the Products are shipped by NAMI and/or any independent carrier mandated for this purpose by NAMI, by parcel or other means of transport depending on the number, nature and volume of the Products ordered.
Except in special cases, NAMI provides:
- the dispatch of the Products ordered within 24 hours (1 working day) from the date of the order;
- the routing and delivery of the Products ordered within a period of between 24 hours and 72 hours (between 1 and 3 working days) from the date of the order.
Notwithstanding the preceding clauses, it is expressly agreed that delivery times depend on and may vary depending on the availability of stocks, the period of activity, the date and time of placing the order, the nature and volume of the order, the preparation and shipping time of the order, the places of delivery desired by the Customer, the transport constraints specific to the carriers, the climatic and meteorological conditions and other elements which may influence and which are beyond the control of NAMI.
NAMI may have to divide an order into several shipments depending on the availability of the Products. In this case, NAMI will inform the Customer by e-mail.
The deadlines being communicated for information only, NAMI nevertheless undertakes to make its best efforts to deliver the Products ordered within the agreed deadlines.
Except in cases of force majeure, if the Products are not delivered within the deadlines communicated by NAMI, the Customer may request in writing the resolution of the sale under the conditions and according to the methods of articles L.216-2 and L.216- 3 of the Consumer Code.
Any modification of the order accepted by NAMI will necessarily lead to an extension of delivery times. Similarly, the delivery of the Products may only be postponed at the Customer’s request with the prior written consent of NAMI.
The Customer is required to check the condition of the packaging of the Products and the conformity of the Products delivered upon receipt. The Customer must in particular refuse receipt of the Products and/or issue his reservations and complaints, once he has noticed an anomaly such as in particular a damaged package or packaging, a missing Product in relation to the documents attached to the delivery.
In the event of non-compliance of the Products in kind or in quality, the Customer must inform NAMI using the contact details referred to in article 2 above.
Article 8- Legal right of withdrawal
Conditions for exercising the legal right of withdrawal
The Customer has a legal right of withdrawal without reason for any order of Products made from the Website in accordance with the provisions of Articles L.221-18 to L.221-28 of the Consumer Code, the provisions of which are reproduced at ‘Annex 1.
The withdrawal period expires fourteen (14) working days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product(s).
To be able to exercise this right of withdrawal, the Customer must, before the expiry of the aforementioned period of fourteen (14) days, notify NAMI using the contact details referred to in Article 2, of its decision to withdraw by means of the attached withdrawal form. to these T&Cs and/or an unambiguous statement sent by simple mail, fax or e-mail.
Apart from the possibility given to the Customer to withdraw under the conditions referred to in this article, the sale of the Products is firm and final from the validation of the order.
The legal right of withdrawal provided for in this article does not apply to damaged, damaged and/or incomplete Products (spare parts, accessories, etc.) after having been unpacked and/or used by the Customer, in such a way that the Products are unsuitable for further marketing.
Return of Products
In the event of exercise of the right of withdrawal, the Customer must return the Products ordered, in their packaging and in perfect condition, to NAMI or to any person designated by the latter, without undue delay and, at the latest, within fourteen (14) working days following the day of communication of its decision to withdraw. The Customer bears the direct costs and costs related to the return of the Products.
The Customer’s liability may be engaged in the event of depreciation of the Products resulting from abnormal and excessive handling.
In the event of exercise of the right of withdrawal, NAMI reimburses the Customer for all sums paid, including delivery costs, with the exception of additional costs resulting from the fact that the Customer has chosen, where applicable, a delivery other than the less expensive standard delivery method.
NAMI shall reimburse the sums paid without undue delay and, at the latest, within fourteen (14) working days following the day on which it is informed of the decision to withdraw.
The Customer is informed that NAMI reserves the right to defer reimbursement until (i) receipt of the Products or (ii) until proof of shipment of the Products is provided, the date retained being that of the first of these facts.
NAMI refunds the sums using the same means of payment as that used by the Customer for the order, unless the Customer expressly agrees to a different means of payment.
Article 9- Conditions of storage, use and maintenance of the Products
User Manual – General Conditions
Before any use of the Products, the Customer must imperatively read the user manual detailing the conditions, terms, limits and instructions for use and safety related to the Products.
NAMI particularly draws the Customer’s attention and vigilance to the need not to use the Products until he has read and understood all the conditions, terms, limits and instructions for use and security related to the Products.
In particular, and without this being exhaustive, the Customer must, prior to any use of the Products, be aware of and master:
- the functions and characteristics of the various parts making up the Products (according in particular to the diagrams provided in the user manual);
- the conditions and procedures for mounting, assembling, starting, stopping and folding the Products;
- the terms and conditions for reading and adjusting the Products dashboard;
- the conditions and methods of storage, use, handling and safety related to the batteries of the Products.
In general, and without the special conditions set out below in any way limiting the Customer’s obligations, the latter undertakes, in all circumstances, to scrupulously respect all the conditions, terms, limits and instructions of use and safety related to the Products, whether during storage, handling and/or use of the Products.
In any case, the Customer is invited to contact NAMI at the contact details referred to in Article 2 above for any questions and/or additional questions he may have regarding the use of the Products.
Special conditions before using the Products
Systematically and before each use of the Products, the Customer is required to follow the conditions, methods and instructions for control and safety of the Products, as indicated in the user manual.
The Customer is prohibited from using the Products and undertakes to contact NAMI’s after-sales service in the event of detection of any defect and/or anomaly during the control and safety operations on the Products, in particular following the indications provided in the User Manual.
Special conditions during the use of the Products
The Customer undertakes, in all circumstances and during each use of the Products, to scrupulously respect all the conditions, terms, limits and instructions for use and safety related to the Products, as indicated in the user manual. use.
Without limiting the generality of the foregoing, the Customer undertakes in particular to:
- use the Products after having fully understood, learned and mastered the conditions and methods of traffic in complete safety;
- not to use or allow the Products to be used by anyone under the minimum age required depending on the type and nature of the Product;
- not to use or let use the Products in rainy weather, snow, hailstones and/or high humidity, and more generally not to let water penetrate the Products and their components (in particular when washing the Products );
- wear and have others wear all the safety and protective equipment when using the Products (full-face helmet, protection of the knees, elbows, hands, upper body, unopened and suitable shoes, etc.);
- be vigilant when rotating, folding and unfolding the Products, as any negligence during these operations could cause bodily injury;
- not to use or allow use of the Products by performing stunts, jumps and/or falls of any kind, which may cause major malfunctions on the Products and/or cause accidents;
- not use or permit use of the Products by riding on them by two or more people (including minors);
- not disassemble, disassemble, reassemble, adjust, disrupt all or part of the Products and/or their components, all of these operations being reserved for NAMI and/or any reseller or specialist repairer;
- respect and enforce scrupulously and in all circumstances, all laws, regulations and standards applicable to the use of the Products, including in particular the regulations on insurance and road traffic, it being specified that in all cases and circumstances, the Products may not be used while driving on roads open to the public
Specific conditions for the maintenance of the Products
The Customer is required to follow the conditions, methods and instructions for the storage and maintenance of the Products, their components and spare parts, as indicated in the user manual.
The Customer is prohibited from using the Products and undertakes to contact NAMI’s after-sales service in the event of detection of any defect and/or anomaly during the control and maintenance operations on the Products, in particular following the indications provided in the User Manual.
Specific conditions for Product insurance
The Customer is required to take out and maintain for the entire duration of use of the Products, with a notoriously solvent insurance company, a policy covering his unlimited civil liability and all risks and material and/or bodily damage. that the Products may suffer or cause with regard to all property and all third parties.
NAMI particularly draws the Customer’s attention and vigilance to the fact that the latter remains solely and fully responsible for the risks and material and/or bodily damage that the Products may suffer or cause during their use by the Customer.
NAMI’s Limitation of Liability
NAMI cannot be held liable, in any capacity and on any legal basis whatsoever, for any prejudice, damage, material and/or bodily, direct or indirect, occurring following storage, use and/or maintenance of the Products. under contrary and/or insufficient conditions in relation to the terms of this article 9 and more generally to the conditions, terms, limits and instructions for use and safety indicated in the user manual.
Article 10- Warranties
The Products benefit from (i) the legal guarantee of conformity and (ii) the legal guarantee against hidden defects, in accordance with the provisions of the Consumer Code and the Civil Code reproduced in Appendix 2.
Under the legal guarantee of conformity, the Customer is informed of the fact:
that he has a period of two (2) years from the delivery of the Product to take action against NAMI;
- that he can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
that he is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product;
that the legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Products.
Under the legal guarantee against hidden defects, the Customer is informed that he:
- may decide to implement the guarantee against hidden defects rendering the Product unfit for its normal purpose in accordance with article 1641 of the Civil Code;
- can choose in this case between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
To assert his rights, the Customer must inform NAMI by registered letter with acknowledgment of receipt, using the contact details referred to in article 2 above.
It is expressly agreed and recalled that the implementation of the aforementioned legal guarantees assumes that the Customer has stored, used and maintained the Products in strict accordance with the conditions referred to in Article 9 above.
Independently of the aforementioned legal warranties, it is expressly agreed that any defect affecting the autonomy of the battery, without the defect affecting the charging function of the battery, is guaranteed by NAMI within the limit of a period of six (6) months (date of invoice being authentic).
Consequently, it is expressly agreed and recalled that, after the period of six (6) months from the date of purchase, the Customer may no longer make any claim for a defect and/or an insufficiency relating to the autonomy of the battery when this defect and/or this insufficiency does not in itself affect the charging function of the Products and does not result from a lack of conformity and/or a hidden defect of the Product within the meaning of the aforementioned legal provisions.
Breakdowns – after-sales service
Any complaint made by the Customer for the return of the Products must be made to NAMI’s after-sales service at the e-mail address mentioned in article 2 above.
In the event of a return accepted by NAMI’s after-sales service, the Products will be sent back in their packaging at the Customer’s expense to be analyzed by the after-sales service of the E-Ride distributor (“Rise Up” company, exclusive distributor of the brand in Europe), and to determine whether or not the defect and/or breakdown invoked renders it within the framework of the aforementioned legal and commercial guarantees.
Failing this, NAMI will send the Customer an estimate including the price of spare parts and labor costs.
Article 11- Intellectual Property
The Customer is informed of the fact that all intellectual property rights (trademarks, know-how, trade secrets and other intellectual and/or industrial property rights), as well as any element relating to the design and sale of Products ordered, protected or not within the meaning of the Intellectual Property Code, including the content, photographs and illustrations present on the Website belong entirely and exclusively to NAMI.
Consequently, except with the prior written consent of NAMI, the Customer is prohibited from using, reproducing, distributing, exploiting, modifying or infringing in any way and at any time whatsoever on the property rights intellectual property and other aforementioned elements belonging to NAMI.
Personal data – Proof and archiving
The information and data provided and entered by the Customer on the Website are collected and collected by NAMI solely for the purposes of processing, preparing and delivering the Products ordered.
This information and data may be collected and recorded in a customer file kept by NAMI in accordance with the regulations relating to personal data.
The Customer has in any case and at any time a right of access, rectification, modification and deletion, limitation and portability of his personal data concerning him. The Customer may exercise these rights by contacting NAMI at the email address referred to in Article 2. The Customer also has the right to lodge a complaint with the CNIL.
If the Customer expressly consents (in particular by a checkbox provided for this purpose during the ordering process), the information and data collected may be stored and used by NAMI to send newsletters, promotional offers and other special offers relating to to the Products.
The archiving of orders and invoices is carried out by NAMI on a reliable and durable medium so as to constitute a faithful and durable copy.
These orders and invoices can be produced as proof of the sales of Products that have taken place.
These General Conditions and the sales of Products resulting from them are exclusively governed by the provisions of French law, to the exclusion of the 1980 Vienna Convention on the International Sale of Goods.
For any dispute relating to the validity, interpretation, execution, non-execution, interruption and/or termination of these GCS and the sales of Products, only the French courts will be competent and determined in accordance with the rules of procedure. French civilians.
Any complaint must be sent by the Customer by registered letter with acknowledgment of receipt to NAMI’s customer service department at the address mentioned in article 2 above.
If he does not obtain satisfaction following the complaint sent, the Customer is informed of the possibility he has of submitting the dispute to a mediation procedure.
This mediation procedure, which is not a mandatory prerequisite before the introduction of a dispute, aims only to try to bring the parties together with a view to reaching an amicable solution.
Consequently, both NAMI and the Customer remain free to accept or refuse the use of mediation, as well as to accept or refuse the solution proposed by the mediator.
Provisions relating to the legal right of withdrawal
Article L.221-18 of the Consumer Code
The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following telephone or off-premises canvassing, without having to justify his decision or bear any other costs than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1° The conclusion of the contract, for service provision contracts and those mentioned in Article L. 221-4;
2° From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of lots or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.
Article L.221-19 of the Consumer Code
In accordance with Council Regulation No. 1182/71/EEC of June 3, 1971 determining the rules applicable to deadlines, dates and terms:
1° The day on which the contract is concluded or the day on which the goods are received is not counted in the period mentioned in Article L. 221-18;
2° The time limit begins to run at the beginning of the first hour of the first day and ends on the expiry of the last hour of the last day of the time limit;
3° If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the next working day.
Article L.221-20 of the Consumer Code
When the information relating to the right of withdrawal has not been provided to the consumer under the conditions provided for in 2° of Article L. 221-5, the withdrawal period is extended by twelve months from the expiry of the period initial withdrawal period, determined in accordance with article L. 221-18.
However, when the provision of this information occurs during this extension, the withdrawal period expires at the end of a period of fourteen days from the day on which the consumer received this information.
Article L.221-21 of the Consumer Code
The consumer exercises his right of withdrawal by informing the professional of his decision to withdraw by sending, before the expiry of the period provided for in Article L. 221-18, the withdrawal form mentioned in 2° of the article L. 221-5 or any other statement, unambiguous, expressing its desire to withdraw.
The professional may also allow the consumer to complete and send online, on his website, the form or declaration provided for in the first paragraph. In this case, the professional communicates, without delay, to the consumer an acknowledgment of receipt of the withdrawal on a durable medium.
Article L.221-22 of the Consumer Code
The burden of proof of the exercise of the right of withdrawal under the conditions provided for in Article L. 221-21 weighs on the consumer.
Article L.221-23 of the Consumer Code
The consumer sends back or restores the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with Article L. 221-21 , unless the professional offers to recover these goods himself.
The consumer only bears the direct costs of returning the goods, unless the trader agrees to bear them or if he has failed to inform the consumer that these costs are his responsibility. However, for contracts concluded off-premises, when the goods are delivered to the consumer’s home at the time of the conclusion of the contract, the professional recovers the goods at his own expense if they cannot be returned normally by post because of their nature.
The consumer’s liability can only be incurred in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 2° of article L. 221-5.
Article L.221-24 of the Consumer Code
When the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, including delivery costs, without unjustified delay and at the latest within fourteen days from the date on which he is informed of the consumer’s decision to withdraw.
For contracts for the sale of goods, unless he offers to recover the goods himself, the trader may defer reimbursement until the goods are recovered or until the consumer has provided proof of shipment of these goods, the date chosen being that of the first of these events.
The professional makes this reimbursement using the same means of payment as that used by the consumer for the initial transaction, unless the consumer has expressly agreed to use another means of payment and insofar as the reimbursement does not give rise to cost to the consumer.
The professional is not required to reimburse the additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional.
Article L.221-25 of the Consumer Code
If the consumer wishes that the execution of a provision of services or of a contract mentioned in the first paragraph of article L. 221-4 begins before the end of the withdrawal period mentioned in article L. 221-18 , the professional collects his express request by any means for contracts concluded at a distance and on paper or on a durable medium for contracts concluded off premises.
The consumer who has exercised his right of withdrawal from a contract for the provision of services or from a contract mentioned in the first paragraph of Article L. 221-4 the performance of which has begun, at his express request, before the end the withdrawal period pays the professional an amount corresponding to the service provided until the communication of his decision to withdraw;
this amount is proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount is calculated based on the market value of what was supplied.
No amount is due by the consumer who has exercised his right of withdrawal if his express request has not been collected pursuant to the first paragraph or if the professional has not complied with the obligation to inform provided for in 4° of article L.221-5.
Article L.221-26 of the Consumer Code
The consumer who has exercised his right of withdrawal from a contract for the supply of digital content not supplied on a material medium is not liable for any sum if:
1° The professional has not obtained his express prior agreement for the performance of the contract before the end of the withdrawal period as well as proof of his waiver of his right of withdrawal;
2° The contract does not include the information provided for in the second paragraph of Articles L. 221-9 and L. 221-13.
Article L.221-27 of the Consumer Code
Exercising the right of withdrawal puts an end to the obligation of the parties either to perform the distance contract or the off-premises contract, or to conclude it when the consumer has made an offer.
Exercising the right of withdrawal from a main distance or off-premises contract automatically terminates any ancillary contract, at no cost to the consumer other than those provided for in Articles L. 221-23 to L. 221-25.
Article L.221-28 of the Consumer Code
The right of withdrawal cannot be exercised for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal;
2° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made to the consumer’s specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11° Concluded during a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
13° For the supply of digital content not provided on a material medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of NAMI, located at 16 Avenue Christian Doppler – 77700 BAILLY ROMAINVILLIERS
I hereby notify you of my withdrawal from the contract relating to the sale of the Products below:
- Commande du : ____________________
- Nom du Client : ____________________
- Adresse du Client : ____________________
|Date:||Signature of Customer:|
Provisions relating to legal warranties
Legal guarantee of conformity
Article L.217-4 of the Consumer Code
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L.217-5 of the Consumer Code
The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted.
Article L.217-6 of the Consumer Code
The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.
Article L.217-7 of the Consumer Code
The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L.217-8 of the Consumer Code
The buyer is entitled to demand that the goods conform to the contract. However, he cannot challenge the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him.
Article L.217-9 of the Consumer Code
In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L.217-10 of the Consumer Code
If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.
The same option is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint;
2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is seeking.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
Article L.217-11 of the Consumer Code
The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.
These same provisions do not preclude the award of damages.
Article L.217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L.217-13 of the Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him. by the law.
Article L.217-14 of the Consumer Code
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code.
Legal warranty against hidden defects
Article 1641 of the Civil Code
The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.
Article 1642 of the Civil Code
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1642-1 of the Civil Code
The seller of a building to be built cannot be discharged, neither before acceptance of the works, nor before the expiry of a period of one month after the purchaser takes possession, of construction defects or defects of conformity then apparent.
There will be no need to terminate the contract or reduce the price if the seller undertakes to repair.
Article 1643 of the Civil Code
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1645 of the Civil Code
If the seller knew of the defects of the thing, he is liable, in addition to the restitution of the price he received for it, for all damages towards the buyer.
Article 1646 of the Civil Code
If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale.
Article 1646-1 of the Civil Code
The seller of a building to be built is bound, from the date of acceptance of the works, of the obligations which the architects, contractors and other persons linked to the client by a contract of lease of work are themselves bound in application of articles 1792, 1792-1, 1792-2 and 1792-3 of this code.
These guarantees benefit the successive owners of the building.
There will be no reason to rescind the sale or reduce the price if the seller undertakes to repair the damage defined in articles 1792, 1792-1 and 1792-2 of this code and to assume the guarantee provided for in article 1792-3.
Article 1647 of the Civil Code
If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and for the other compensations explained in the two preceding articles.
But the loss happened by fortuitous event will be for the account of the buyer.
Article 1648 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be discharged from the apparent defects or lack of conformity.
Article 1649 of the Civil Code
It does not take place in sales made by authority of justice.