Last update on May 24th 2018
General Terms and Conditions of Sales HERAVENTURE S.A.R.L.
The online shop from the website www.nodova.com has been set by the company HERAVENTURE S.A.R.L., trade name NODOVA, which is managing this website.
The company HERAVENTURE S.A.R.L. is located at 52 rue des Maurilloux, 24750 Trélissac in France (intra-Community VAT code: FR55530710359)
You can contact the company either by phone at +33 (0)5 53 05 0451 or e-mail at firstname.lastname@example.org.
These General Terms and Conditions of Sales are applicable to professional clients for the website www.nodova.com.
1) Scope of application
In accordance with Article L441-6 of the French Commercial Code, these GTCS are the unique basis of commercial negotiation between the parties and rule the distribution relationships of NODOVA products from customer resellers. Any products order from a purchaser implies the acceptance of these GTCS which override the potential General Terms and Conditions of Purchase.
Because of the handcrafted and non-industrial method of production, the client is informed that some orders cannot be honored due to the unavailability of the requested product. He will however be informed of potential failures under 5 working days after his order. About purchases exclusively taken on internet, any order recording on the Provider website is only done when the Buyer agrees on the GTCS in question by checking the matching box and validating his order. This validation implies the agreement from the Buyer on the entirety of the GTCS in question and constitutes a proof of sale contract. For any other sales, any new order implies the agreement of the GTCS in question. The order is taken in consideration by the sending of an e-mail. The data registered in the Provider IT system constitute a proof of the entire transactions concluded with the Buyer. Any first order from a new client of the European Economic Area (EEA) will have to be 500€ minimum to be accepted. Registered clients will have to do a seasonal order of 500€ minimum. No new order will be fulfilled without the complete payment of any previous invoice. In case of custom order or from outside the EEA, the GTCS in question will be specified from a common agreement through an e-mail exchange.
Depending on orders made to the cooperative of women in Ecuador, delivery time will be given at the moment of order confirmation. This delivery time doesn’t count as a peremptory deadline and NODOVA won’t see its responsibility committed to the Buyer if some delay happens to the delivery. The client will carefully verify the condition of the package before signing any travel warrant. If any product is missing, the Buyer has to communicate his hesitation to the transporter by registered letter with acknowledgement of receipt, within 3 days from the package receiving. Complaints about visible flaws or non-conformity of delivered products need to be addressed to NODOVA in writing within 8 days from the delivery.
4) Shipping costs / Custom fees
- Free shipping: any order with a total higher than 250€ exclud. tax for Metropolitan France, and higher than 350€ exclud. tax for EEA (not including Metropolitan France) ;
- If order from Metropolitan France with a total lower than 250€ exclud. tax : additional 5€ shipping cost ; If order from EEA (not including Metropolitan France) with a total lower than 350€ exclud. tax : additional 15€ shipping cost ;
- Switzerland: additional 20€ custom fees ;
- For other countries, please contact us.
5) Terms and Conditions of Payment
Any new client, or clients outside of Metropolitan France, or clients that didn’t order for 2 seasons, will have to pay the entirety of their order at the time of delivery. Clients registered in Metropolitan France will proceed to payment 30 days from invoice date. Payments can be done by check, credit card (not including American Express), bank transfer, direct debit, bill of exchange, or cash (in euro). No advance payment leads to any discount. In case of late payment from the Buyer beyond the above detailed payment delay, lateness penalties (being 15% of the total incl. tax indicated on the aforesaid invoice) will automatically and rightfully be acquired by NODOVA, without any formality nor preliminary formal notice. Finally, a standard payment rate for recovery costs, being 40€ per invoice, will be due, rightfully and without any formality, by the Buyer in case of late payment. NODOVA reserves the right to ask the Buyer for additional allowance if the recovery costs exceed the aforesaid amount, on presentation of supporting documents.
6) Conditions of order cancellation
Orders are firm and definitive due to their scheduled sending to the women cooperative in Ecuador, and to the making of products in accordance with the orders.
7) Conditions of products distribution from our clients
Our products cannot be resold on websites, except expressly agreed by NODOVA. The NODOVA brand and its logo cannot be used without expressly agreed by NODOVA. NODOVA is committed to communicate contact details of all NODOVA resellers on its website for 2 seasons following their latest order.
8) Title retention clause
Until full payment of the price from the Buyer, NODOVA reserves the right of ownership on all sold products, allowing him to take back possession of them. Any discount paid will remain earned by the Provider as standard rate of reimbursement, without harming any potential action he may have the right to sue the Buyer with. In the event of non-payment of the price, without any harm on the action for rescission (legal or conventional), NODOVA will be allowed to take his sold products back from Buyer’s location, on the account and at the risk of the latter, 48h after a formal notice through registered letter is sent. The Buyer is committed to let the identification of sold products still being possible to allow NODOVA’s claim. However, the risk of loss and deterioration will be transferred to the Buyer as soon as ordered products have been delivered. As a consequence, the Buyer compels himself, at his own charge, to insure all ordered products and delivered to his location. He commits himself to retrocede the insurance payment to NODOVA in the event of damage. We clarify that prices are set following DAP (Duty At Place) Incoterm. Shipping costs are invoiced to the client following conditions from clause 4 of these GTCS.
9) NODOVA products guarantee
All NODOVA products delivered receive a contractual guarantee for a period of 5 years starting from delivery date, covering any product’s non-conformity from the order, from design fault, and from any issue in the production process that may render them unfit for use. This guarantee is limited to replacement and reimbursement of any non-compliant or defected product. No guarantees can be applied in the event of wrongful use, negligence or faulty maintenance (as detailed in the « Jewelry Maintenance Guide » available on demand) on the part of the Buyer, or in the case of normal wear and tear on the item or force majeure. Only known and accepted products by NODOVA as part of the guarantee will lead to its application and will be allowed to be returned. The Provider will replace or will have repaired any product or part under guarantee he finds defective. This guarantee also covers labor costs. Defective products or parts replacement does not lead to a period prolongation of the aforesaid set guarantee. Guarantee also does not apply in case of deterioration or accident from impact, fall, negligence, lack of supervision or maintenance, or in case of product transformation.
10) Products return
No Product return will be accepted, except guarantee application explained in clause 8 of these GTCS.
Any difference that may occur between the Parties concerning the contractual relationship will be subjected, prior to any judicial or arbitral proceedings, to the mediation of a mediator by the request of the most diligent party. The mediation will be set by the mediator chosen by parties with due regard to ethical rules and methods of the function. If mediation fails, the case shall be decided by the competent court of Périgueux by the request of the most diligent party.
12) Protection of personal data
13) Applicable lax / Contract language
By express convention between Parties, these General Terms and Conditions of Sales and the resulting buying and selling transactions are governed by French law. They are initially drawn up in French. In the present case of translation in English, or in other languages, only the French text shall prevail in case of conflict.