TERMS & CONDITIONS OF SALE
Article 1 – Identity
The company NINN APOULADAKI is a simplified joint stock company (Société à Actions Simplifiées) with share capital of € 500.00, registered with the Marseille Company Register under number 809 665 003 and whose registered office is at 11, rue de la Croix – 13007 Marseille, FRANCE.
Telephone number: +33 (0)4.91.70.03.30
VAT number: FR76809665003
1.2. Managing Editor
The Managing Editor is Mr. Guillaume ALARCO.
The www.ninnapouladaki.com website is hosted with OVH:
2 rue Kellermann 59100 Roubaix
Article 2 – Purpose
These Terms and Conditions of Sale are intended to define the obligations and rights of each party regarding the sale of products created and marketed by NINN APOULADAKI on www.ninnapouladaki.com.
Article 3 – Acceptance of the Terms and Conditions of Sale
Any order placed on www.ninnapouladaki.com implies full acceptance of these Terms and Conditions.
The Customer has the option to print and/or download the Terms and Conditions of Sale, and is advised to do so.
Article 4 – Registration
4.1. Registration Procedures
In order to place an online order on www.ninnapouladaki.com, the Customer must register online.
The Customer must complete the online form by filling it with the following information: full name, email address, mailing address, phone number.
The Customer must enter a billing address and a delivery address.
The fields marked with a star are mandatory. Otherwise, the registration will not be taken into account.
The Customer undertakes to provide accurate information and to keep it up-to-date via their online profile.
4.2. Username and Password
The Customer will have an account with a username and password.
The username and password are strictly personal. Lending or transferring the username or password to any third party is prohibited, whatever the reason. Therefore, the Customer is solely responsible for maintaining the confidentiality of their username and password.
In case the Customer’s username and/or password has been compromised or forgotten, they shall follow the procedure outlined on www.ninnapouladaki.com.
On subsequent visits, the Customer must expressly enter their username and password to access their account. Besides contact information, they will have access to their order history and to current orders.
When the Customer has validated their registration, they can continue shopping on www.ninnapouladaki.com.
Article 5 – Orders
5.1. Product Characteristics
The Customer is informed that all products marketed by NINN APOULADAKI were created by NINN APOULADAKI.
The key features of each product are outlined in the product description pages online. The Customer undertakes to carefully read this information before placing an order on the website.
5.2. Ordering Process
5.2.1. Choice of Product(s)
The Customer must choose one or more product(s) as well as the desired amount. The product(s) are then placed in the Customer’s shopping cart.
The Customer can choose as many products as they wish and add them to the shopping cart.
5.2.2. Placing an Order
When the Customer has finished choosing their products, they must click on the shopping cart, check the contents of the order, and choose the delivery method.
If the Customer has not yet registered, they shall do so as provided for in Article 4 of these Terms and Conditions of Sale.
After the shopping cart is validated, the order summary will show the price before tax, the tax to be collected, the price including tax, and delivery charges.
Before confirming the order, the Customer must review it, specifically, the products, quantities, billing address, delivery address, and delivery charges. The Customer can complete it and/or make any changes, if necessary.
After checking the order, the Customer may proceed to its payment. The Customer is informed that any order requires immediate payment thereof.
5.2.3. Order Confirmation
As soon as the Customer has accepted and paid for the order online, an email is sent to their email address confirming the placement of the order with the order number and the order summary.
The Customer can immediately view their invoice in their online account under “Order History”. A paper invoice will also be included with the delivery of the ordered products.
Article 6 – Prices
Prices are shown in euros, all tax included.
Once the order is confirmed, prices and fees will remain available to the Customer under “My Account” on www.ninnapouladaki.com.
Article 7 – Payment
The Customer guarantees that these payment methods provide access to sufficient funds to cover all costs resulting from orders placed on www.ninnapouladaki.com.
7.1. Debit/Credit Card Payment
Debit/credit card payments are taken according to the SSL (Secure Socket Layer) payment general system conditions.
All information regarding the Customer’s debit/credit card are secured by encryption to protect all sensitive data related to payment in the most effective way possible.
The Customer warrants that they are fully authorized to use the debit/credit card for payment of orders placed on the NINN APOULADAKI website.
If payment authorization is refused by the bank, the order will be canceled.
7.2. Payment by PayPal
Payment is possible by entering the Customer’s PayPal username.
The order amount is immediately debited from the PayPal account. The order will be considered placed as soon as the bank payment has been confirmed.
It is the Customer’s responsibility to save and print their payment confirmation if they wish to retain these banking and transaction details.
Article 8 – Delivery
8.1. Place of Delivery
Delivery is available worldwide.
The products are sent to the shipping address specified by the Customer during the ordering process.
NINN APOULADAKI will send an email to the Customer confirming that the package has been shipped.
The Customer will also have access to this information under “My Account” in their online account.
8.2. Delivery Times
Delivery times are listed on the website’s home page and on each product description page.
Delivery times start when we send your order, it will not take more than 5 days.
Orders are prepared & sent on mondays and tuesdays.
8.3. Shipping Fees
The Customer can choose between the following delivery methods:
– Regular French Post LA POSTE (with tracking number / no insurance) : you can track your item until its delivery but no insurance is taken in case of damage or loss.
– Collissimo EXPRESS (with tracking number & insurance up to 200€) : faster and more secure, your item is secured up to 200€ in case of damage or loss, you can track your item and it will be delivered to you only with a personal signature. Insurance cost is already incuded in the price.
The shipping fees are as follows:
|Country - zone||Indicative delivery time||Indicative delivery time||Shipping for Masks||Shipping||Shipping|
|Regular Postal French Cie||with Colissimo Expert||(until 4 units)||for less than 1 kg||for 1 to 2 kg|
|France, Monaco, Andorra||3 to 4 days||48h||€ 5-13||€ 13||€ 15|
|Overseas, European Union, Switzerland||5 to 9 days||3 to 4 days||€ 8-18||€ 17||€ 22|
|Countries of eastern europe (Non EU), North Africa, Norway||5 to 9 days||4 to 8 days||€ 8-18||€ 21||€ 28|
|Africa except Maghreb, Canada, United States, Middle East||5 to 9 days||5 to 8 days||€ 11-22||€ 35||€ 42|
|Other destinations||10 to 15 days||6 to 9 days||€ 11-30||€ 45||€ 54|
It is the Customer’s responsibility to check the package on arrival and to make any remarks or complaints they deem justified, or to refuse the package if it appears that it has been opened or damaged. In such case, the Customer must address their remarks and complaints to the carrier within three (3) business days of the delivery by registered post with acknowledgment of receipt. The Customer shall send a copy of this letter to NINN APOULADAKI as soon as possible.
8.5. Delivery Delay
If the product is not delivered within the time specified in the order, the Customer must send a registered letter with acknowledgment of receipt or in writing on another durable medium to NINN APOULADAKI requesting that the delivery be made, or the service be provided within a reasonable additional time frame.
If the delivery is not made despite the Customer’s demand letter, the Customer has the right to rescind the contract by sending a registered letter with acknowledgment of receipt or in writing on a durable medium.
The contract will then be considered canceled at the date of receipt of that letter, unless NINN APOULADAKI did not act in the meantime.
If the contract is canceled, NINN APOULADAKI shall refund the Customer of all amounts paid within a maximum of fourteen (14) days from the date of cancellation.
Article 9 – Transfer of Ownership
NINN APOULADAKI remains the owner of the products ordered and delivered until full payment by the Customer.
The provisions above shall not prevent the risk of loss or damage to the reserved products, or risk of any damage they may cause, to be transfered to the Customer at the time of their collection by the Customer or by a third party other than the carrier designated by the Customer.
Article 10 – Unavailability
If a product is unavailable after an order was placed for it, NINN APIOULADAKI shall inform the Customer as soon as possible by email.
The Customer will then have the option to:
– Choose another product of equivalent quality and price;
– Obtain a refund for the order.
If the Customer chooses to cancel the order for unavailable products, NINN APOULADAKI shall refund all amounts paid for unavailable products at the latest within thirty (30) days of being notified of the cancellation of the order.
Article 11 – Conformity
In case of non-conformity of one or more product(s), the Customer may return it to NINN APOULADAKI and request:
– The replacement of the product(s) by product(s) identical to the one ordered;
– The replacement of the product(s) by product(s) of equivalent quality and price;
– A refund of the price of the order within thirty (30) days of the Customer’s request.
The Customer must return the product in its packaging with the order number to the following address:
11, rue de la Croix
NINN APOULADAKI shall refund the product as well as the return shipping costs borne by the Customer.
Article 12 – Right of Withdrawal
12.1. Right of Withdrawal
Pursuant to Article L.121-21 of the French Consumer Code, the Customer has, as a matter of principle, the right to return any clothes, illustrations, or paper masks, as long as they have not been unsealed, and any wallpaper, as long as it is returned in its packaging, in good condition and without glue, to NINN APOULADAKI or a person designated by the latter, without undue delay, and at the latest within fourteen (14) days of communicating their decision to withdraw, unless NINN APOULADAKI has not offered to collect the product.
If the paper mask is unsealed, the right of withdrawal shall not apply pursuant to Article L.121-21-8 (5) of the French Consumer Code, which states that “the right of withdrawal may only be exercised for contracts: 5. of supply of products which were unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons.”
12.2. Withdrawal Period
The withdrawal period is fourteen (14) days from the reception (physical possession) of the products by the Customer or a third party designated by the latter, other than the carrier.
If the Customer order includes several products that are delivered separately, the withdrawal period is fourteen (14) days from the day of reception by the Customer or a third party designated by the latter, other than the carrier, of the last product.
12.3. Notification of the Decision to Withdraw
Before returning the product, the Customer must give notice of their intention to withdraw by email at the following address and include the order number: email@example.com
12.4. Return of the Product
The Customer must return the product no later than fourteen (14) days of the communication of their decision to withdraw and indicate the order number in the mail or the package.
The Customer must return the product(s) to the following address:
11, rue de la Croix
The product must be returned according to NINN APOULADAKI’s instructions and in particular, must include all delivered accessories.
Products must be returned in good condition, unused and in their original packaging (including labels for textiles).
If the Customer exercises their right of withdrawal, NINN APOULADAKI shall refund the customer within fourteen (14) days of receipt of the product, or of the product ship date given proof by the Customer. Proof must be interpreted as any means which can unquestionably prove the product was shipped to NINN APOULADAKI.
The Customer shall be refunded for the price paid with the exception of return costs which are to be borne by the Customer.
NINN APOULADAKI will issue the refund using the same means of payment used by the Customer, unless the Customer specifically requests a different payment method. In any event, regardless of the means of payment used, this will not result in any extra charges to the Customer.
Article 13 – Legal Guarantee
13.1. Legal Guarantee of Conformity
If, at the time the product is delivered, there is evidence of lack of conformity, NINN APOULADAKI shall, according to what is possible, replace it with an identical product, exchange it for a product of equivalent quality and price, or refund the price of the ordered product within thirty (30) days of the customer’s request.
Article L.211-4 of the French Consumer Code
“The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
They are also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if they assumed responsibility for it or had it carried out under their responsibility.”
Article L.211-5 of the French Consumer Code
“To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or their representative, including advertising and labeling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”
Article L.211-7 of the French Consumer Code
“In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery.
The seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked.”
Article L.211-9 of the French Consumer Code
“In the event of lack of conformity, the buyer shall choose between repair and replacement of the product.
The seller may nevertheless elect not to proceed in accordance with the buyer’s choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. They are then required to proceed with the option not chosen by the buyer, unless this proves impossible.”
Article L.211-10 of the French Consumer Code
“If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price.
He has the same option:
1. If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within the period of one month of the buyer making their claim;
2. Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and their intended use.
The sale shall not be canceled, however, if the lack of conformity is minor.”
Article L.211-12 of the French Consumer Code
“Action resulting from lack of conformity lapses two years after delivery of the product.”
With regards to the legal guarantee of conformity, the Customer has a period of two years from the delivery of the product within which to act. He has the possibility of choosing between the repair or replacement of the product subject to the cost conditions pursuant to Article L.211-9 of the French Consumer Code. The Customer is informed that they are not required to provide proof of the existence of a lack of conformity of the product during the six months following delivery of the product. This period is extended to 24 months as of 18 March 2016, with the exception of used goods.
This legal guarantee of conformity is applicable irrespective of the commercial guarantee which may have been granted.
In addition, the Customer may implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the Customer can elect between the sale being canceled or the sales price being reduced pursuant to Article 1644 of the Civil Code.
13.2. Legal Guarantee Against Hidden Defects
After evaluation of the defect and according to customer choice, NINN APOULADAKI undertakes either to reimburse the full price of the product returned to NINN APOULADAKI or to reimburse part of the product price should the Customer decide to keep it.
Article 1641 of the French Civil Code
“The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if they had known of the defects.”
Article 1644 of the French Civil Code
“Under Articles 1641 and 1643, the buyer has the choice either to return the thing and to have the price returned to them or to keep the thing and have a part of the price returned to them, as decided by experts.”
Article 1645 of the French Civil Code
“If the seller was aware of the defects in the thing, they are bound not only to return the price they received but also all damages the buyer has suffered.”
Article 1646 of the French Civil Code
“If the seller did not know of the defects in the thing, they are bound only to return the price and to reimburse to the buyer the expenses occasioned by the sale.”
Article 1648, paragraph 1 of the French Civil Code
“An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”
Article 14 – Personal Data
The data collected by NINN APOULADAKI are necessary for order management, contract execution, billing and sending of promotional emails (newsletters).
They are collected and stored by NINN APOULADAKI, who undertakes to respect the confidentiality of the personal data.
Personal data are only intended for NINN APOULADAKI.
The Customer is expressly informed that NINN APOULADAKI will be entitled to disclose some or all of the personal data on the orders of judicial authorities.
The controller is Mr. Guillaume ALARCO.
NINN APOULADAKI has declared its file to the CNIL under number 1882072 v 0.
According to French law “IT and Freedoms” n° 78-17 of 6 January 1978, the Customer has the right to access, rectify or delete any data concerning them.
To do so, the Customer must send a request to the following address:
11, rue de la Croix
including their full name and mailing address together with a copy of their ID.
During the registration process, the Customer may choose to receive offers, including commercial ones, from NINN APOULADAKI.
The Customer has the option to unsubscribe from newsletters by clicking on the unsubscribe link in each newsletter.
Article 15 – Cookies
15.1. What Are Cookies?
Cookies are small text files downloaded onto a Customer’s computer each time a website is visited. When a Customer returns to a website, or visits a website using the same cookies, these cookies and therefore their computer or mobile device are recognized.
Cookies cannot be used to recover data from the Customer’s hard drive, install a virus, read the Customer’s email address or obtain personal information.
The cookies which may be installed by NINN APOULADAKI may help to:
– establish statistics on visitors and use of various components of the NINN APOULADAKI website in order to improve the ergonomics and interest of the site,
– adapt the presentation of the NINN APOULADAKI website to the Customer’s terminal display preferences during their visit to the site,
– implement security measures,
– store information relating to the forms completed by the Customer,
– allow the Customer to access personal and dedicated areas of the NINN APOULADAKI website,
– show the most relevant ads as possible to the Customer.
15.3. Shared Use of Customer’s Terminal
Sharing the Customer’s terminal with others and the configuration parameters of his browser are their free choice and their own responsibility.
Advantages of Showing Ads Tailored to Customer’s Navigation
NINN APOULADAKI’s objective is to present the most relevant ads as possible. To do this, cookie technology can determine which ads to display on a terminal, in real time, based on recent browsing of one or more websites.
The advantage for the Customer is to see advertising content corresponding to their interests. Similarly, advertisers broadcasting the ad are interested in displaying their offers to the users the most likely to be interested in them.
Cookies Issued Via Third Party Content Published in our Advertising Space
The advertising content broadcast in the NINN APOULADAKI advertising space may contain cookies sent by third parties. These cookies may result either from the advertiser or from a third party service provider to the advertiser, such as a communications agency or an advertising network operator making use of NINN APOULADAKI’s advertising space.
The purpose of these cookies, in most cases, is to count the number of views of advertising content broadcast via the NINN APOULADAKI advertising space, and to identify the ads displayed and the number of users who clicked on each ad, thus allowing them to calculate the amounts due, to compile statistics and to recognize the Customer’s terminal during their subsequent browsing of any site or service on which these advertisers or those third parties also issue cookies and, if applicable, to adapt these third party sites and services or the ads they broadcast to their terminal’s navigation which they may be aware of.
Cookies also allow advertising agencies to adapt the advertising space they operate to the customer’s terminal display preferences according to the Customer’s terminal’s reading materials and viewing software.
15.5. Adobe Flash Player “FLASH®” Cookies
Adobe Flash Player® is a computer application that enables the rapid development of dynamic content using the “FLASH” computer language. Flash (and similar applications) stores settings, preferences and the use of content through a technology similar to cookies. However, Adobe Flash Player manages the information and choices via a different interface from that provided by browser software.
If the Customer’s terminal is able to view content developed with the “FLASH” language, the Customer shall access these FLASH cookies management tools directly from the Adobe website at the following address: http://www.adobe.com/.
15.6. Transmission of Cookies by Third Parties Due to Third-Party Applications Integrated into Our Website and Social Networks
The NINN APOULADAKI website uses plug-ins from social networks including Twitter®, Facebook® and Google® Plus.
If the Customer does not want the social network concerned to connect the information collected through the NINN APOULADAKI website to their account, they shall disconnect from the social network before visiting the NINN APOULADAKI website.
The Customer is expressly informed that the use of these plug-ins or buttons is operated by these social networks and subject to the terms and conditions between the customer and the social network concerned to which they belong.
15.7. Customer Choice Regarding Cookies Depending on the Browser Used
The Customer has the option to deny the transmission of cookies by configuring their browser accordingly. However, if the Customer decides to delete these cookies, operations must then be repeated.
The same applies if they decide to surf on another browser, they shall again be required to delete the cookies on this second browser.
The “Help” menu of every browser can provide information on how to express and modify choices regarding cookies:
– Safari®: Open Safari > Preferences than click on Security; click on Show cookies and select the desired options, or visit: https://support.apple.com/en-us/HT201265.
– Firefox®: Open the Tools menu and select Options; Click on the Privacy tab and select the desired options, or visit: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences.
– Internet Explorer®: Open the Tools menu and select Internet Options; Click on the Privacy tab and select the desired options, or visit: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies.
– Edge®: Open the More Actions menu and select Advanced Settings; Select the desired options under Cookies, or visit: http://windows.microsoft.com/en-us/windows-10/edge-privacy-faq.
– Chrome®: Open the setup menu and select Settings; click on Show advanced settings, click on Content settings and select the desired options, or visit: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en.
– Opera®: Open the Tools menu and select Preferences; click on the Advanced tab, and then under Cookies, click on Manage cookies and select the desired options, or visit: http://help.opera.com/Windows/10.20/en/cookies.html.
The Customer can also visit www.youronlinechoices.com/uk proposed by digital advertising professionals represented by the European Association EDAA (European Digital Advertising Alliance) and managed in France by the Interactive Advertising Bureau (IAB) France.
The Customer may check the companies registered on this platform which provides the option to refuse or accept the cookies used by these companies to tailor ads which may be displayed on their terminal to their browsing information: http://www.youronlinechoices.com/uk/your-ad-choices
This European platform is shared by hundreds of advertising professionals on the Internet and provides a centralized interface for expressing refusal or acceptance of cookies which may be used to tailor terminal navigation to ads likely to be displayed.
However, this procedure does not prevent the display of advertising on the websites that the customer visits. It will only block the technologies to tailor advertisements to their interests.
Article 16 – Intellectual Property
16.1. The NINN APOULADAKI Brand
NINN APOULADAKI is a French trademark registered with the INPI (National Institute of Industrial Property/Institut National de la Propriété Industrielle).
Any reproduction of the brand, in part or in full, without the prior written consent of the NINN APOULADAKI company, constitutes an act of infringement which may result in legal action.
Any infringement is punishable by a fine of up to € 300,000 and three (3) years of imprisonment.
All creations made and marketed by NINN APOULADAKI are protected under copyright.
Any order of NINN APOULADAKI creations does not entail any transfer of copyright. Any reproduction of NINN APOULADAKI creations, in part or in full, constitutes an infringement which may result in legal action.
The Customer is forbidden to modify, to remove one or more portion(s) of the ordered creation(s), or to adapt the creation(s) without the prior written consent of NINN APOULADAKI.
NINN APOULADAKI holds all the copyrights regarding its website as a whole and each element thereof, including graphic design, editorial content, photographs, software, drawings, and databases.
The use of online services available on www.ninnapouladaki.com involves no transfer of ownership to the Customer.
Any reproduction of the website content, in part or in full, without the prior written permission of NINN APOULADAKI, constitutes an act of infringement may result in legal action.
Article 17 – Order Archiving
Any order over 120 € will be electronically archived by NINN APOULADAKI.
All orders placed by the Customer will be listed in their personal account under “Order History”.
Article 18 – Amendment to General Conditions
NINN APOULADAKI reserves the right to amend these Terms and Conditions of Sale, due in particular to the development and/or alteration of its service offerings or the development of the law and/or jurisprudence.
The new Terms and Conditions of Sale shall be applicable and enforceable to the Customer regarding any sale made after the entry into force of those Terms and Conditions of Sale.
Article 19 – Hyperlinks
The simple and complex hyperlinks on www.ninnapouladaki.com were inserted according to the rules in force.
However, NINN APOULADAKI cannot make any guarantees regarding the content of websites linked by hyperlinks. NINN APOULADAKI can therefore not be held liable in this regard.
Article 20 – Tolerance
It is expressly agreed that any acceptance or renouncement by NINN APOULADAKI in the application of all or part of the commitments set out in these Terms and Conditions, regardless of frequency and duration thereof, shall not constitute modification of these Terms and Conditions nor generate any particular right.
Article 21 – Invalidity of a Provision of These Terms and Conditions
In the event that one or more provisions of these Terms and Conditions be deemed void, illegal or inapplicable for any reason whatsoever, the validity, legality or enforceability of any other provision of these Terms and Conditions shall not be affected or altered.
Article 22 – Previous Complaint
In case of dispute, the Customer shall first seek an amicable solution with NINN APOULADAKI.
All claims and supporting evidence relating to the order placed or the activity carried out should be addressed to NINN APOULADAKI by registered letter with acknowledgment of receipt and sent to the following address:
11, rue de la Croix
If an amicable solution couldn’t be found, The customer has the option to adress the platform for the dispute resolution , an onlineregister made available by the European Commission. The register can be found here : OnlineDisputeResolution
The European Commission will transfer your request to the competent and notified national ombudsman.
Article 23 – Applicable Law
It is expressly provided that the Terms and Conditions of Use are governed by and subject to French law. The applicable language is French.
Translated by Lingenius