Terms of Sales

Effective as of 05/01/2023

ARTICLE 1 - Scope of application

These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation to all sales concluded by the Seller to individuals (“Customers or the Customer”), wishing to acquire the products offered for sale. sale (“The Products”) by the Seller on the website www.nolaconfiserie.fr. The Products offered for sale on the site are French confectionery.


The main characteristics of the Products and in particular the ingredients, photos, allergens and indications of dimensions or weight of the Products, are presented on the site www.nolaconfiserie.fr what the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are within the limits of available stocks, as specified when placing the order.


These General Terms and Conditions are accessible at any time on the website www.nolaconfiserie.fr and will take precedence over any other document. All orders from the Site are subject to these General Terms and Conditions. These are subject to modifications and updates; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.

The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site www.nolaconfiserie.fr.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.


The Seller's contact details are as follows:

Nola confectionery, SARL

Share capital of 500 euros

Registered with the RCS of 949 530 406 RCS Créteil, under number 949530406

3T rue pasteur

Email: contact@nolaconfiserie.fr

Intracommunity VAT number: FR87949530406


ARTICLE 2 - Customer Capacity

The Site Customer must be an adult and legally capable natural person. Nola Confiserie has the right to refuse an order from a customer who does not meet the criteria cited above.


ARTICLE 3 - Price


The Products are supplied at the current prices appearing on the site www.nolaconfiserie.fr, when the order is registered by the Seller.

Prices are expressed in Euros, all taxes included (French VAT and other taxes applicable on the day of the order).
 The prices take into account any reductions that may be granted by the Seller on the site www.nolaconfiserie.fr.

These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time. The Products will be invoiced on the basis of the price in force at the time of purchase. of the order.


The prices do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the site and calculated before placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered via e-mail.


ARTICLE 4 – Orders


It is up to the Customer to select the Products he wishes to order on the website www.nolaconfiserie.fr, according to the following conditions:

  • Select the desired products and their quantities on the site
  • Several options are available to the Customer when clicking on the basket icon:
  1. Click on “verify” to access the contact details entry page after accepting the general conditions of sale
  2. Click on “view basket”: Possibility for the Customer to delete by clicking on the “minus” icon to the left of the quantity number or modify the quantities of items. He will have to accept the general conditions of sale to move on to the contact details entry stage.
  3. Pay via Paypal expressly
  • When clicking on “check out” from the shopping cart window or page, the Customer enters their contact details and will have the option of adding a promo code. It is the Customer's responsibility to check their basket, the quantity, the inclusion of the promo code, as well as the amount of the order.
  • Define your delivery method: at a Relay Point or at home
  • Choose your payment method
  • Click a box if the billing address is different. If yes, the Customer will need to enter their contact details.
  • An information verification page is displayed before proceeding to payment. When you click on the “Pay now” button, the order will be placed and the Customer will be debited.

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the site www.nolaconfiserie.fr constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order and for legitimate and legal reasons. In the event of refusal by the Seller, the Customer will be informed by email.
 The Customer will be able to follow the progress of his order on the site.


Any cancellation of the order by the Customer after its acceptance by the Seller will only be possible if the Seller has not started to prepare the order (irrespective of the provisions relating to the application or not of the legal right of withdrawal).


ARTICLE 5 - Payment conditions


The price is paid by secure payment, via a bank card or a Paypal account


The price is payable in cash by the Customer, in full on the day the order is placed.


Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site www.nolaconfiserie.fr.


Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.

The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
 Following payment, the Customer will receive within 24 hours maximum, an order confirmation by email to the address indicated during payment.

Gift cards or vouchers are single-use and can be used for a single transaction. If during this transaction the total amount of the voucher or gift card is not reached, the remaining funds will be lost.

ARTICLE 6 - Deliveries


The Products ordered by the Customer will be delivered in mainland France.


Deliveries take place within an indicative period of between 2 and 5 working days depending on the delivery method chosen (Point Relay or at home) and sent to the address indicated by the Customer when ordering on the site. This deadline does not take into account the order preparation time.

Delivery consists of the transfer to the Customer of physical possession of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.


If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be canceled at the Customer's written request within conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within thirty days following the date of termination of the contract, excluding any compensation or withholding.


Deliveries are carried out by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.

When the Customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.


In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the Seller. Customer.

The Customer is required to check the condition of the delivered products. It has a maximum period of 48 hours for any complaints from delivery. For any complaint, you can send an e-mail to the following address: contact@nolaconfiserie.fr, accompanied by all supporting documents (photos) and explanations. After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in these General Terms and Conditions.


The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk except when the Customer has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier.


ARTICLE 7 - Transfer of ownership


The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.


ARTICLE 8 - Right of withdrawal


According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good. »

The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Seller using the postal or email address indicated in ARTICLE 1 of the General Terms and Conditions.

Products damaged, opened or not in their original packaging are neither returned nor refunded. Return costs remaining the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 30 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article. The withdrawal period does not apply to personalized Products. These will not be subject to any refund.


ARTICLE 9 - Responsibility of the Seller - Guarantees


The Products supplied by the Seller benefit from:

  • the legal guarantee of conformity, for defective, damaged or damaged Products or those that do not correspond to the order,
  • the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.


ARTICLE 10 - Personal data


The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. These personal data are collected solely for the execution of the sales contract.


9.1 Collection of personal data

The personal data collected on the site www.nolaconfiserie.fr are as follows:


Ordering Products:

When ordering Products by the Customer:

Names, first names, postal address, telephone number and e-mail address.


Payment

As part of the payment for the Products offered on the site www.nolaconfiserie.fr, it records financial data relating to the bank account or credit card of the Customer / user.


9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.


9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018, Regulation 2016/679 on the protection of personal data.


9.4 limitation of processing

Unless the Customer expressly agrees, his personal data is not used for advertising or marketing purposes.


9.5 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the limitation period for applicable contractual civil liability.


9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.


9.7 Implementation of Customer and user rights

In application of the regulations applicable to personal data, Customers and users of the site www.nolaconfiserie.fr have the following rights:

  • They can update or delete the data that concerns them in the following way: You can request the deletion of your personal data by sending us an email to this address: contact@nolaconfiserie.fr
  • They can delete their account by writing to the email address indicated in article 9.3 “Data controller”
  • They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”
  • If the personal data held by the Seller is inaccurate, they may request the updating of the information by writing to the address indicated in article 9.3 “Data controller”
  • They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”
  • They may also request the portability of data held by the Seller to another service provider.
  • Finally, they can object to the processing of their data by the Seller.

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum of one month.

In the event of refusal to grant the Customer's request, the latter must provide reasons.

The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.

The Customer may be asked to check a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.


ARTICLE 11 - Intellectual property


The content of the site www.nolaconfiserie.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

All graphic elements, images, logos, texts, graphic interfaces present on the Site as well as any other document provided by the Seller are subject to copyright. It is prohibited to copy, modify, reproduce, publish, distribute, represent, transmit or exploit the information present on the Site as well as in emails and documents provided by the Seller.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.


ARTICLE 12 - Applicable law - Language


These General Terms and Conditions and the operations resulting from them are governed and subject to French law.

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.


ARTICLE 13 - Disputes


For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these General Terms and Conditions. You can contact the seller to seek an amicable solution.

The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is
Consumer mediation center for justice conciliators – CM2C

Postal address: CM2C, 14 rue Saint Jean, 75017 Paris
 Tel: +33 (0)1 89 47 00 14
 E-mail : cm2c@cm2c.net
 Website : https://www.cm2c.net/

The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show

All disputes relating to purchase and sale transactions concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.