Nemmès SAS

These general terms and conditions of sale and use of the site (hereinafter, the “Terms”) apply between :

Nemmès, a French Simplified Joint Stock Company with a share capital of €600, registered in the Versailles Trade and Companies Register under the SIREN number 839885373, whose registered office is located at 13 rue Saint-Honoré, 78000 Versailles,

and

Any natural person of legal age acting exclusively for personal purposes, who visits the website www.nemmes.com (hereinafter, the “site”) and/or makes a purchase from Nemmès.

We ask you to read the contract (as defined below) carefully before using the site and/or placing any order with Nemmès insofar as this contract affects your rights and obligations. The mere use of the site and/or the placing of any order constitutes knowledge of and irrevocable agreement to the contract on your part. If you do not agree with any of these provisions, you are not permitted to use all or part of the site and/or place any order.

Please print a copy of the agreement for your records. If you wish to contact us, our contact details are as follows:
Telephone number: 07 82 88 71 88 from France (or +33 7 82 88 7188 for international) from Monday to Friday from 9.00am to 7.00pm (France time).
All communication by telephone is at the price of a local call.

Email : client@nemmes.com

GENERAL TERMS AND CONDITIONS OF ONLINE PURCHASE AND USE OF THE WEBSITE

Last update: 23 March 2020

APPLICABILITY :

The present general conditions apply to :

Orders for products offered on the website www.nemmes.com (hereinafter the “Website”):
The use of any documents, information, graphics, films, features, soundtracks and/or other services on the Website.

HOW TO ORDER

To place an order, you must have an email address. You may also need to set your browser to accept cookies in order to be able to use all the features of the Website, including creating personalized items, adding items to your basket and making a purchase.

The ordering process on the Website is simple

Create your own jewelry or choose an item.
Add the products to your basket.
Validate your basket.
Select the delivery and billing options.
Choose your payment method.
Proceed to checkout.
Receive an online order confirmation.

You are bound by your order as soon as you click on the “Pay” button at the end of the ordering process. By clicking on the “Pay” button, you place your order with us (and acknowledge that you are obliged to pay the amount due) as shown on the order form.

Upon receipt of your order, a confirmation message will automatically appear on the Website, indicating your order number and the information relating to your purchase. The purchase contract is now complete.

A copy of the automatic order confirmation, or any subsequent changes you have made to the order and which we have accepted, will be sent to you by email. We strongly recommend that you print or download this document and retain it.

OUR RIGHT TO REFUSE YOUR ORDER OR CANCEL YOUR PURCHASE

We will honor all orders placed on the Website subject to the feasibility of the items. We expressly reserve the right to refuse your order, or to cancel the purchase contract after the automatic order confirmation has been sent, in any of the following circumstances, without limitation, without being liable for any damages or costs incurred :

The product is not feasible (the amounts paid will be refunded).
The billing details you have provided are not correct or cannot be verified.
Your order is identified by our security systems as unusual or likely to constitute fraud.
You are under the age of eighteen (18).
You are a reseller.
We were unable to deliver to the address you gave us.
If there are spelling mistakes, pricing errors or any other obvious errors in the information published on the Website
In the event that it appears that the order was placed using automatic devices such as BOTS or Script.

DATA CONTROL

When you place an order with us, we reserve the right to carry out certain checks on your order before we fulfill it. These checks may include verifying your address or creditworthiness and ensuring that there is no fraud involved. In the latter case, we carry out partially automatic checks on all purchases to detect unusual or suspicious transactions, or transactions that may be identified as potentially involving fraud. Any suspected fraud on nemmes.com will be investigated and, if necessary, prosecuted.

PRICE / PAYMENT

You can pay for your orders by credit card (Visa, MasterCard, American Express): the amount of your order is then debited within 7 (seven) days. The date of registration of the order is the date of online payment.
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The prices of the products indicated on the Website include Value Added Tax (VAT). Shipping costs are offered in Metropolitan France, but charges may apply for deliveries to overseas France or abroad.For the time being, this type of order needs to be invoiced on a case-by-case basis, after telephone or email exchanges.
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All prices are expressed in Euro. If the currency of your country is different from the Euro, your bank will apply the exchange rate in force at the date of purchase. It is possible that your bank will apply a different exchange rate; this is beyond our control.

The prices of the Products are as shown on the Website. These prices are subject to change at any time, but such changes will not apply to orders that have been confirmed.

SHIPPING AND DELIVERY

We ship Monday through Friday. On certain public holidays, no shipment is made. Delivery is made by parcel post to a personal or business address anywhere in the world, subject to acceptance by our team. The delivery time depends on our service providers, and we will do our best to provide you with all the information we have on this subject. We deliver our products within a maximum of three weeks after ordering.

We will deliver our products within a maximum of three weeks after placing your order, but if this is not possible, we will notify you by email. However, we reserve the right to split the delivery of your order (for example, if part of it is delayed or unavailable). In this case, we will inform you by email to the email address you provided when you placed your order. No additional shipping costs will be charged.

We invite you to check the packaging at the time of delivery for any damage. If it appears that the products are damaged, please refuse the delivery.

RETURNS AND CANCELLATION

When you place an order with us, we reserve the right to carry out certain checks on your order before we fulfill it. These checks may include an address check or credit check to ensure that there is no fraud involved. In the latter case, we carry out partially automatic checks on all purchases to detect unusual or suspicious transactions, or transactions that may be identified as potentially involving fraud. Any suspected fraud on nemmes.com will be investigated and, if necessary, prosecuted.

LEGAL GUARANTEES OF CONFORMITY AND HIDDEN DEFECTS

You may return products that have been delivered to you if they are defective or do not conform to your order when you receive them. We invite you to refer to articles L. 217-4 and L. 217-13 of the Consumer Code, as well as articles 1641 to 1648 and 2232 of the Civil Code.

In the event of a lack of conformity, you have a period of twenty-four (24) months from the delivery of the product to make a claim. This does not affect any legal rights you may have. If your complaint is justified, you will be able to choose between repairing or replacing the product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code.

If one or more redhibitory defects are found in the product, as defined in Article 1641 of the Civil Code, you have a period of twenty-four (24) months from the date of the complaint. This does not affect any legal rights you may have.

If your claim is justified, you can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. To make a claim or for information on returning products, please write to us at client@nemmes.com or call us by telephone.

RIGHT OF WITHDRAWAL AND EXCHANGE

In accordance with articles L.221-5, L221-18, L.221-21, L221-23 and L.221-24 of the French Consumer Code, if you are not completely satisfied with the items you have ordered, for whatever reason, you have a period of fourteen (14) calendar days from the date of delivery to exercise your right of withdrawal, without giving any reason, by sending us the withdrawal form below by email, or by contacting us by telephone. You then have fourteen (14) days from the exercise of this right to return the products in question to us, provided that:

The products have not been washed or used in any way (you may try on the jewelry to see if it fits, unless we tell you otherwise, but you may not wear it).
The product is complete: for example, both items in a pair must be returned.

In the case of an order for several goods delivered separately, the fourteen-day period starts with the last good delivered. ‍ In addition, you may request to exchange your product for the same product in a different size by notifying us by email or telephone and returning the original product by post. Your new product will be delivered to you within three weeks from the date of receipt of the original product.
For information on refunds, please see the section below. For information on returning products, please email us at client@nemmes.com or call us by telephone.

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract) For the attention of Nemmès, whose registered office is located at 13 rue Saint-Honoré, 78000 Versailles, France, accessible via the e-mail address client@nemmes.com or on 07 82 88 71 88 :

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):

Ordered on (*)/received on (*) :

Name of consumer(s) : ‍

Address of the consumer(s) : ‍‍

Signature of the consumer(s) (only if this form is notified on paper) : ‍‍

Date : ‍‍‍

(*) Delete as appropriate.

REFUND INFORMATION

Refunds will be made using the same method of payment that you used for the transaction, unless you agree otherwise, and provided that the refund would not incur any costs to you. We will make the refund within fourteen (14) days of your complaint or exercise of your right of withdrawal.

In the event that you return your product to us following a warranty claim or the exercise of your right of withdrawal, the cost of returning the jewelry will be at our expense, and you will therefore be reimbursed, in addition to the price of the order and any delivery charges invoiced. In the event that you return your product for an exchange, we will reimburse the return costs incurred by bank transfer, within fourteen days of your request for an exchange.

For all practical details concerning the return of a product or the refund period, please write to us at client@nemmes.com or call us by telephone. For all practical details concerning the return of a product or the refund period, please write to us at client@nemmes.com or call us by telephone.

CONSUMER MEDIATOR

In accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the French Consumer Code, you have the possibility of having recourse free of charge to a consumer mediator in order to find an amicable solution to the dispute that you may have with Nemmès.

You will find below the contact details of the mediator to which we belong:

MEDIATION – VIVONS MIEUX ENSEMBLE
www.mediation-vivons-mieux-ensemble.fr
mediation@vivons-mieux-ensemble.fr
465 avenue de la Libération
54 000 NANCY

OPPOSITION LIST TO TELEPHONE CANVASSING

In order to provide you with as much information as possible about your order and its delivery, we collect your telephone number when you order a piece of jewelry from us.

In accordance with Article L.223-2 of the French Consumer Code, you have the right to register on the telephone marketing opposition list (information on this system can be found at http://www.bloctel.gouv.fr/).

CONSUMER DECLARATIONS REGARDING THE PERSONALISATION OF ARTICLES

The creation of the item (the modification of the shape, the addition of patterns and text, etc.) and the personalisation carried out must be your work. If this is not the case, you hereby warrant that you are authorized to use the design or personalisation made by a third party.

You acknowledge that even if we have the right to reject your design or personalisation, you are solely responsible for it, and agree that we have no obligation to monitor or reject it.

Your creation and personalisation constitutes what we refer to as “User Generated Content”. The section of these terms and conditions relating to User Generated Content is applicable to your creation and customisation.

LIABILITY

In the event that Nemmès fails to comply with these terms and conditions, we shall be liable for any loss or damage you suffer as a result of our foreseeable failure to comply with these terms and conditions or our negligent act. A loss or damage is foreseeable if it is the obvious consequence of a breach by us or if you and we had foreseen the possibility of it occurring at the time of entering into the contract.

Despite the care we have taken in the preparation of the Website, it is possible that the information, text, documents, graphics, films, soundtracks and/or any other services on the Website may contain errors or be otherwise inaccurate or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the Website, including damages caused by computer viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other property on account of your use of the Website or your downloading of any material from the Website or any website linked to it.

If you have suffered any damage as a result of our activities in connection with your purchases of products from the Website, our liability shall be limited, to the extent permitted by applicable law, to:

damage to the Nemmes products or other items.
reasonable and ascertainable costs incurred by you in discovering the cause and determining the amount of the damage referred to in paragraph 1) above.
reasonable and ascertainable costs incurred by you to prevent or mitigate the damage referred to in paragraph 1) above.

To the fullest extent permitted by applicable law, the maximum amount of reimbursement for the damages referred to above shall be (where applicable) the purchase price of the goods.
We shall not be liable for any damage suffered by a third party as a result of the use of any of our products. We shall not be liable for any damage suffered by you as a result of misuse of any of our products.

Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence, fraud or misrepresentation or in any other case where our liability cannot be excluded or limited under applicable law.

To the fullest extent permitted by applicable law, we exclude all conditions, warranties, representations or other terms, express or implied, that may apply to the Website or any content on it.

You may not use the Website for any commercial purpose and we shall not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Website and any material published on it belong to Nemmès. These works are protected by copyright laws throughout the world. All these rights are reserved.

You may print off one (1) copy, and download extracts, of any page from the Website only to the extent necessary to place an order with us or to use the Website as a shopping resource.

You may not modify digital or hard copies of any material you have printed or otherwise downloaded, and you may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying textual material.

Nemmès must always be acknowledged as the owner of the content on the Website.

You may not use any part of the contents of the Website for commercial purposes without obtaining the appropriate license from Nemmès.

If you print, copy or download any part of the Website in breach of these terms and conditions, your right to use the Website will terminate immediately and you will be required, at your option, to return or destroy any copies you have made.

USER-GENERATED CONTENT

If you post any ideas, comments, questions, data, graphics, opinions, designs, customizations (including product customizations in connection with Nemmès) or other information (including, without limitation, information posted on forums offered on the Website) (hereinafter the “User-Created Content”) on the Website, or if you send such User-Created Content to Nemmès through the Website, ownership of the intellectual property rights and other rights in the User-Created Content are automatically transferred to Nemmès. If this assignment of rights is not valid, you grant Nemmès, by sending the User-Created Content, a worldwide, non-exclusive, fully-paid, royalty-free license to use the User-Created Content for the full term of the intellectual property rights, including, without limitation, the right to copy, modify, publicly perform, distribute and sublicense (in whole or in part) your User Generated Content for any purpose we deem appropriate, including, without limitation, the right to develop, manufacture and market goods and services and to create, modify or improve the Website or other goods and services.

User Generated Content will not be deemed confidential and we will be entitled to use or disclose it in any way, without liability to you and without notice to you. You acknowledge and agree that you will not bring any claim or action against Nemmès or any third party in the event that any User-Generated Content developed, posted or transmitted by you is used by Nemmès or any third party in the manner described above.

You warrant that none of the User-Created Content or other information that you upload to the Website constitutes or contains anything that is offensive, pornographic, defamatory, blasphemous or unlawful, and that such content or information does not infringe, even potentially, the rights of any third party or any applicable law. You warrant that any material you send us is your own work and is not a copy of any third party’s work, in whole or in part. We recommend that you do not send any material that needs to be kept confidential. You may not upload any commercial content to the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
You may be required to adhere to and/or agree to additional terms of use before being permitted to post or otherwise distribute User-Generated Content on the Website.

Nemmès does not control User-Generated Content and you acknowledge that it has no obligation to do so. Furthermore, you agree that Nemmès is in no way responsible for the User-Generated Content, that it does not guarantee its accuracy, integrity or quality, and that it cannot guarantee that no harmful, inaccurate, misleading, offensive, threatening, defamatory, illegal or otherwise objectionable User-Generated Content will appear on the Website.

You acknowledge that in providing you and others with access to and viewing of User Generated Content on the Website, Nemmes is merely acting as a passive conduit and is not undertaking any obligation or liability relating to any User Generated Content or other activities conducted by users on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User-Created Content are not those of Nemmès, its affiliates, related companies or content providers.

Notwithstanding the foregoing, you acknowledge and agree that Nemmès has the inalienable right to monitor User-Generated Content posted on the Website at its sole discretion. Furthermore, Nemmès reserves the right to edit, refuse to post or remove such User-Created Content, in whole or in part, and to disclose such User-Created Content and the circumstances of its disclosure to any third party.

You agree that we are under no obligation to use or respond to any User-Created Content. You acknowledge that you must immediately inform Nemmès, in writing, of the presence of any objectionable content on the Website. Nemmès will use good faith efforts to investigate allegations that any User-Created Content violates these terms and conditions but (a) does not warrant to you that it will modify, delete or continue to permit the dissemination of any specific User-CreatedContent, whether or not it is the subject of such allegations, and (b) will not be responsible or liable in any way for modifying, deleting or continuing to disseminate any User-Created Content.

APPLICABLE LAW

The general terms and conditions as well as all disputes arising hereunder, in particular with regard to the validity thereof, or relating to the use of the Website or any purchase made on the Website, are governed by French law, subject to the mandatory provisions of your country of residence.

AVAILABILITY OF THE WEBSITE

We do not warrant that the Website, or any content contained therein, will always be accessible or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, delete, discontinue or modify all or part of the Website without notice. We will not be liable to you if the Website is unavailable for any reason at any time and for any period.

YOUR ACCOUNT AND PASSWORD

If you decide to register on the Website, you must keep your account password confidential and not disclose it to anyone.

We may disable any user identification code or password, whether chosen by you or issued by us, at any time if we reasonably believe that you have breached any of the provisions of these terms and conditions.

If you know or suspect that anyone other than you knows your ID or password, you must immediately notify Customer Services by sending a letter to client@nemmes.com. You can also use the “forgotten password” function to change your identification code or password.

ASSOCIATED SITES

The Website contains links to other websites. We are not responsible for the use or content of websites that contain a link to the Website or that can be accessed from the Website.

CHANGES TO TERMS AND CONDITIONS

We may change these terms and conditions at any time. Each time you order an item from us, the terms and conditions in force at that time will apply to the contract between you and us.

We will notify you of any changes we make to these terms and conditions. We will do this by posting a notice at the top of this page indicating that these terms and conditions have been amended and the relevant date.

MISCELLANEOUS PROVISIONS

We may assign our rights and obligations under a contract to any other entity, but this will not affect your rights and our obligations under these terms and conditions.

You may only assign your rights and obligations under these terms and conditions to a third party if we have given our written consent to do so.

If any part of these terms and conditions is found to be illegal and unenforceable by a court of competent jurisdiction or by any competent authority, the remaining parts shall remain valid and enforceable. Any waiver by us of any of your obligations under these terms and conditions or any waiver by us of our rights against you, or any delay by us in asserting such rights, shall not constitute a waiver of any rights we may have against you and shall not be construed as a waiver of any obligation on your part. Any waiver by us of any breach by you will be in writing and will not automatically waive any subsequent breach by you.

Unless required by applicable law, we will not keep a copy of the contract between us.

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