General terms and conditions and legal notices
This site is published and distributed by the nice fleet SAS with a capital of 1000 €
Head office: 33 rue du Faubourg Saint-Antoine 75011 Paris
Registered with the RCS of Paris under the number: 827 986 928
Intra-community VAT number: FR 25 827 986 928
Siret: 827 986 928 00014
Director of publication: Marie Le Tallec
This website was created by Shopify
Visual identity: Agence d'Artagnan
The purpose of these conditions is to define the contractual relations, rights and obligations, which unite the company: the nice fleet SAS, hereinafter referred to as "thenicefleet.com", registered with the Paris RCS under number 827986928 and whose registered office is located at 33 rue du Faubourg Saint-Antoine 75011 PARIS, France and on the other hand, "the customer", any person visiting and/or purchasing an item offered for sale on the merchant site "thenicefleet.com".
All of this information is presented in French. The consumer declares to have the full legal capacity allowing him to engage under these general conditions. These conditions of sale shall prevail over any other general or specific conditions not expressly approved by “thenicefleet.com”. “thenicefleet.com” reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
ACCEPTANCE OF TERMS
These conditions can be consulted at any time by the Customer by clicking on the “CGV and legal notices” section. Consequently, the Customer acknowledges having read, at the time of placing his order, the special conditions of sale set out on this screen and expressly declares to accept them without reservation. These general conditions of sale will prevail over all other conditions appearing in any other document.
The clientele is not geographically limited. “thenicefleet.com” undertakes to deliver to any Customer residing in mainland France according to the methods described in these conditions as well as in the rest of the world under the pricing conditions indicated when choosing the type of delivery. For any order placed outside France, the Customer declares and guarantees that he has taken all the necessary precautions to ensure that the Products comply with the legislation applicable in his country.
"thenicefleet.com" presents on its website the products for sale with the necessary characteristics that allow compliance with article L111-1 of the Consumer Code, which provides the possibility for the potential buyer to know before taking an order definite the essential characteristics of the products he wishes to buy. In addition, the customer always has the option of contacting “thenicefleet.com” by email via the Contact section to obtain additional information on the products presented, if he deems it necessary.
The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. “thenicefleet.com” takes the greatest care in putting information online including a complete description of the articles.
The products offered have been tested by an independent laboratory in order to meet the safety standards of the European Union, Canada and the USA. Thenicefleet.com does not offer any guarantee regarding the conformity of the products to the standards in force outside these territories.
As a matter of principle, "thenicefleet.com" excludes, to the extent permitted by applicable law, any warranty for hidden defects. However, provided that he is a French consumer within the meaning of the preliminary article of the consumer code, "thenicefleet.com" guarantees the Customer against hidden defects that may affect the products delivered, and undertakes in this context to replace defective products or parts rendering them unfit for use. In an effort to constantly improve its services, “thenicefleet.com” invites the Customer to send it any comments relating to the products through the Contact section.
The selling prices of the products are expressed in euros. The price indicated on the product sheets does not include transport. The price indicated in the order confirmation is the final price, expressed inclusive of all taxes for France. It includes the price of the products, the handling costs, the packaging of the products, the transport costs. The applicable VAT is that in force on the day of the order, any rate change may be passed on to the price of the products. “thenicefleet.com” reserves the right to modify its prices at any time before placing the order. The price invoiced to the Customer is that by the latter at the time of the validation of his order. Full payment must be made and validated for “thenicefleet.com” to ship the order.
For deliveries within the European Union, the prices take into account the VAT applicable on the day of the order. For delivery outside the European Union, the customer must pay customs duties, VAT or other taxes due on the importation of the products into the country of the place of delivery. The related formalities are also the sole responsibility of the customer unless otherwise indicated. The Customer is solely responsible for checking the possibilities of importing the products ordered with regard to the rights of the territory of the country of delivery.
Product offers are valid as long as they are visible on the site within the limits of available stocks. “thenicefleet.com” will do its best to process all orders. However, in the event of unavailability of the product after placing the order, the Customer will be informed by email and/or telephone. The Customer's order will be automatically canceled and the amount paid by the Customer for the missing item will be credited within a maximum of thirty days to his bank account. The unavailability of the product cannot engage the responsibility of "thenicefleet.com" nor entitle the customer to damages. "thenicefleet.com" cannot be held responsible for non-performance of the contract concluded in the event of out of stock and unavailability of the product, force majeure. Force majeure is understood here and without this list being exhaustive by: disturbances or total or partial strike, in particular of postal services and means of transport and/or communications, floods, fire, etc.
The "basket" virtually allows the Customer to select the items he likes. The Customer may consult, complete or modify it at any time during his visit to the “thenicefleet.com” site. The contents of the basket will be definitively attributed to the Customer after the latter has validated his basket and his delivery address, subject to the availability of the items. Automatic recording systems are considered as proof of the nature, content and date of the order. "thenicefleet.com" confirms the acceptance of his order to the customer at the email address that he will have communicated. The sale will only be concluded once the order has been confirmed and paid for by the customer. “thenicefleet.com” reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order.
The information provided by the Customer, when taking the order, commits the latter: in the event of an error in the wording of the recipient's contact details, "thenicefleet.com" cannot be held responsible for the impossibility of delivering the product. In this context, all costs incurred for reshipment will be borne by the Customer. The computerized registers, kept in the computer systems of "thenicefleet.com" under reasonable conditions of security, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof. Archiving of purchase orders and invoices is carried out by "thenicefleet.com" on a reliable and durable medium that can be produced as proof. In all cases, it is recommended that the Customer keep a copy, on a durable medium, of all the documents relating to his order.
ABILITY TO CONTRACT
The Customer guarantees that he is fully authorized to use the bank card he is using, that it is a personal card and that it is not a fraudulently used card and that this bank card provides access to sufficient funds to cover all costs resulting from the sale of products on the “thenicefleet.com” online store. The Customer must declare that they are at least eighteen years old and have the legal capacity, or hold legal authorization, allowing them to access and purchase online. In accordance with the law of March 13, 2000 on electronic signature, any purchase order signed by the customer by "double click" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in these general conditions of sale as “right of withdrawal” and “out of stock”. “thenicefleet.com” reserves the right to refuse to make a delivery or to honor an order from a Customer who has only partially paid a previous order or with whom a payment dispute is in progress.
The price invoiced to the Customer is the price indicated on the order confirmation sent by “thenicefleet.com”. The price of the products and any related shipping costs are payable in cash on the day of the actual order. Payment is made by credit card bearing the Mastercard, VISA or American Express logo or via the Paypal online payment system, allowing the Customer to pay for his purchases in a secure environment. The order validated by the customer will only be considered effective when the bank payment centers concerned have given their agreement. In the event of refusal by the said centers, the order will be automatically canceled and the Customer notified by e-mail. Availability and shipping times are to be recalculated from the date of receipt of the means of payment.
SECURITY – CONFIDENTIALITY
The credit card number is sent to the bank's servers, payment being made directly to a bank without going through the store's server, in order to guarantee the Customer that his numbers are known only to the banking partner of “thenicefleet.com” the bank and Paypal and inaccessible by a third party. “thenicefleet.com” therefore never has access to confidential information relating to the means of payment. This is why the Customer's bank details will be requested for each new order.
Products purchased on the “thenicefleet.com” site can be shipped to mainland France, Dom-Tom and most countries abroad.
After having placed an order, the Customer will receive at the email address that he will have indicated in the form, an email specifying the elements of his order and his registration as well as the tracking number of the package allowing him to follow it on the site of the carrier selected by the Customer. For relay point deliveries, the interactive map of relay points is offered to the customer after payment of the order and transport costs, in order to select the relay point of his choice to receive his order.
"thenicefleet.com" processes the Customer's order within 24 to 48 hours on working days, the packages being sent several times a week, the Customer will receive his package 48h / 72h after its dispatch for delivery in France. In the event of an unusual delay in dispatch, an information email will be sent to the Customer. “thenicefleet.com” declines all responsibility in the event of excessive delivery times attributable to postal services or carriers. For any complaint following a delay in delivery, the Customer must contact the customer service department of La Poste. The goods always travel at the risk and peril of the buyer. The Customer must check the good condition of the goods upon arrival of the package.
In the event of a problem (missing or damaged product, pierced, open or damaged package), the Customer must imperatively refuse the package and note a reservation on the delivery note (package refused because open or damaged or other). Within a maximum period of 48 hours from delivery, the Customer must file a complaint with the carrier or the postal services. Any anomaly concerning the delivery must imperatively be notified to “thenicefleet.com” on the day of receipt or at the latest on the first working day following receipt. Any complaint made after this period will be rejected and "thenicefleet.com" will be released from all liability. "thenicefleet.com" reserves the right to ask the buyer to return the defective product. If the aforementioned conditions are met, "thenicefleet.com" will then either exchange or refund the defective product(s), or reship the missing product, subject to the merits of the request for buyer and subject to availability.
If the parcel, in the event of deposit, is not recovered by the Customer after a period of fifteen (15) days, the parcel will be automatically redirected to “thenicefleet.com”. In this context, all costs incurred for reshipment will be borne by the Customer.
Details on delivery methods can be found in the Delivery section of the “thenicefleet.com” site.
The Site is the exclusive property of “thenicefleet.com”. “thenicefleet.com” owns the intellectual property rights on the site and on the products as well as the right to distribute the elements appearing in the catalog of the online store and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned. As such and in accordance with the provisions of the Intellectual Property Code, the partial or total reproduction, as well as the extraction of a qualitatively or quantitatively substantial part, on any medium whatsoever, of the elements making up the site and the catalog products, their use and their provision to third parties are strictly prohibited unless express and explicit authorization has been obtained from the nice fleet SAS.
RETRACTIONS AND RETURNS
The Customer has a period of 14 days, from the date of receipt of the goods, to withdraw without giving any reason. In the event of exercise of the right of withdrawal, "thenicefleet.com" is required to reimburse the purchase price of the product(s) purchased and returned, free of charge, with the exception of return costs, which remain the responsibility of the customer. Reimbursement is due within a maximum of 30 days.
This right is exercised by returning the product, the shipping costs remaining the responsibility of the Customer. The item(s) new, unused in its (their) original packaging(s), unopened, intact(s) are returned by the Customer.
The Customer must contact the nice fleet by email before any return to the following address: email@example.com
The return address will be communicated to the Customer by email.
Accompanying the returned products, the withdrawal request must include the following elements:
Telephone number and email
Full mailing address
Number of the order concerned - date of the order - date of receipt of the order
Name(s) of affected item(s)
In attachments, copy of the delivery slip and order confirmation email.
It is up to the Customer to keep all proof of this return and its date, and therefore to send the parcel by registered mail. Items returned incomplete, damaged, damaged, damaged cannot be taken back by “thenicefleet.com”. The right of withdrawal is exercised under the same conditions from the order, before delivery. If the right of withdrawal is exercised between the date of departure from the workshop and that of delivery of the goods to the Customer, the return costs remain the responsibility of the Customer. The risks related to the return of the product are the responsibility of the sender. Shipments against reimbursement will not be accepted. Only the price of the returned product will be refunded. The initial shipping costs remain the responsibility of the Customer.
“thenicefleet.com”, in its relations with the Customer, is required to process, on its own behalf, personal data of the Customer, which data (i) were communicated to it by the latter when registering or (ii ) later via his personal account on the Site.
Except on request or with the express agreement of the Customer and in strict compliance with its directives, “thenicefleet.com” will not process any personal data other than those described herein.
Personal data collected by “thenicefleet.com” is processed for the following purposes:
- access to the Site, including consultation of the information accessible there;
- order management;
- the sending, by e-mail, of messages, bulletins or newsletters from thenicefleet.com”;
- the sending, by e-mail, of information on products or services similar to those offered by “thenicefleet.com”;
- and any other use that improves the operation of the Site and/or any other service provided by “thenicefleet.com”.
All personal data communicated to “thenicefleet.com” by its Customers is strictly confidential.
They are necessary for the purchase of products on the Site.
The Customer has a right of access, rectification, deletion and opposition concerning the processing of his personal data by “thenicefleet.com”. To exercise one of his rights, the Customer simply needs to use the account management tool offered to him, or write to the following address firstname.lastname@example.org indicating his surname, first name and address. of e-mail. At any time, the Customer can access his personal data and update them, or delete his account and the personal information attached using his username and password.
In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal data collected by "thenicefleet.com" has been declared to the National Commission for Computing and Liberties.
The data collected on Customers is kept for the duration of the contractual relationship between the Customer and “thenicefleet.com” and one (1) year from the termination of relations between the Parties, for any reason whatsoever.
At the end of this period of one (1) year, the closure of a Client's personal account entails the deletion of all personal data allowing the Client concerned to be identified, with the exception of those whose retention by “thenicefleet.com” is necessary for it to be able to fulfill its legal obligations (eg, billing data, provision of the guarantee).
In certain specific circumstances, “thenicefleet.com” may be required to disclose the personal data of its Customers, in particular when these are required by the judicial authorities.
Personal data, and in particular the e-mail addresses of Customers, are not subject to any rental, sale, exchange or sharing with other service providers if they have not expressly agreed to receive promotional offers. from other companies that may be of interest to them.
HYPERTEXT LINKS AND COOKIES
The “thenicefleet.com” site contains a certain number of hypertext links leading to other sites, set up with the authorization of the nice fleet. However, the nice fleet does not have the possibility of verifying the content of the sites thus visited, and therefore assumes no responsibility for this fact.
The "thenicefleet.com" site can in no way be held responsible for the way your data will be stored or used on the servers of these third parties. We advise you to read the applicable data protection policy of each third-party website that you access via our site in order to assess how your data will be used.
Browsing on the "thenicefleet.com" site is likely to cause the installation of cookies on the user's computer. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data thus obtained are intended to facilitate subsequent navigation on the site, and are also intended to allow various measures of attendance. Refusal to install a cookie may make it impossible to access certain services.
Each user retains the option of refusing cookies by configuring their Internet browser:
- Internet Explorer™: click here
- Safari™: click here
- Chrome™: click here
- Firefox™: click here
- Opera™: click here
- Edge: click here
As part of its activity, "thenicefleet.com" collects, processes and stores statistical data relating to the use of the Site and relating to the activities of Customers.
This usage data, which may be transmitted to third parties, is anonymous and does not in any way allow Internet users to be identified, even indirectly.
RESPONSIBILITY, DISPUTES AND JURISDICTION
This contract is subject to French law. Within the limits permitted by the applicable legislation, “thenicefleet.com” cannot be held liable for damages of any kind, whether material or immaterial, which could result from a malfunction or misuse of the products marketed. The same applies to any modifications to the products resulting from the manufacturers. The responsibility of "thenicefleet.com" will, in any case, be limited to the sole amount of the order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the products. which specifies in particular the ages and weights for children from which the products can be used. the nice fleet SAS asks you to carefully read the instruction manuals of the products purchased, on which the required warnings are mentioned.
CONTRACTUAL LIMITATIONS REGARDING TECHNICAL DATA
The site uses Shopify technology. The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing viruses and with an updated latest generation browser.
The Customer has a period of two (2) years from the delivery of the Product concerned to take advantage of the legal guarantee of conformity. He will then have to choose between the repair and the replacement of the good, subject to the conditions of cost provided for by article L. 211-9 of the consumer code.
The Customer 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 goods since December 18, 2016.
The legal guarantee of conformity applies independently of the commercial guarantee possibly granted by “thenicefleet.com”.
The Customer can decide to implement the guarantee against hidden defects on the basis of articles 1641 and following of the Civil Code, and can then choose between the resolution of the sale or a reduction of the sale price.
- Article L217-4 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 L217-5 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 L217-9 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 this is impossible, according to the method not chosen by the buyer.
- Article L217-10 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. 211-9 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 looking for.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
- Article L217-12 of the consumer code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
- Article L271-16 of the consumer code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
- Article 1641 of the civil code
The seller is bound by the guarantee on account of hidden defects in 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 1648 paragraph 1 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.