Conditions Générales de ventes et d'utilisation

GENERAL TERMS AND CONDITIONS OF SALE

I – SCOPE OF APPLICATION

The present general terms and conditions of sale (hereinafter, "GTC") govern all orders and all sales contracts concluded between Noveka , SAS with a capital of 50,000 euros, having its registered office at 31 rue du Val Breton 27350 Grand Bourgtheroulde and its clients, having the status of consumers (hereinafter, the "Client"), wishing to acquire the products offered for sale in metropolitan France.

The Customer declares to have read and accepted the present GTC before placing the order. Validation of the order by the Customer implies acceptance without restriction or reservation of these GTC.

In general, Noveka SAS's acceptance of any clause contrary to or complementary to these GTC is subject to its prior written agreement. The fact that Noveka SAS does not avail itself, at a given time, of any of these GTCs may not be interpreted as a waiver of its right to avail itself of them later. The special conditions accepted by Noveka at the time of an order are only binding on Noveka for this order.

II – ORDER

If the Customer wishes to place an order, he must first identify himself. To this end, he/she will fill in, according to the information provided online, a form made available to him/her where he/she will provide the information necessary for his/her identification and in particular his/her name, first name, telephone number, postal address and delivery address. Additional information may be requested at a later date to ensure the quality and security of the delivery.

Once the identification information has been filled in, the Customer will select the Products he/she wishes to purchase on the Website. The Customer will be able to check the details of their order before validating it. The Customer will then definitively confirm his/her order by clicking on "Confirm and Pay" to express his/her commitment and acceptance of the GTC. From this moment, the order is recorded and an order number is communicated to the Client as well as a confirmation on screen and/or by e-mail. The data recorded by Noveka constitutes proof of the nature, content and date of the order.

The Products are offered within the limits of available stocks. Exceptionally, it may happen that the Product is no longer available, temporarily, after validation of the order. In this case, Noveka will inform the Client by e-mail or by mail, as soon as possible, as well as of the possible delays in availability. The Client will then have the choice of maintaining its order and waiting for delivery, or requesting its cancellation. In the event of cancellation, the Customer will be reimbursed immediately.

III - PRODUCT MODIFICATION

Noveka shall be entitled, at any time, to make any modifications it deems useful to the Products it markets, in particular materials, accessories, spare parts and consumables, without any obligation on its part to apply these modifications to Products already delivered, being delivered or on order.

IV - PRICES - INVOICING - PAYMENT TERMS AND DEADLINES

The Products are sold at the price in effect on the date of the order, as shown on the Website, including, where applicable, any discounts granted by Noveka. Prices are firm and non-revisable during their period of validity as indicated on the Website, Noveka reserving the right, outside this period of validity, to modify prices at any time.

Prices are indicated in euros, all taxes included. Unless expressly stated otherwise, the prices of the Products do not include delivery costs, which will be invoiced in addition under the conditions indicated on the Website and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. The price is payable in full on the day of the order by the Client, by credit card, by transfer to account number ............, by Paypal, or by bank check;

Noveka shall not be bound to deliver the Products ordered by the Client if the latter has not paid the price in full under the terms and conditions indicated above. An invoice is established by Noveka and given to the Client.

V – DELIVERY

The Products ordered by the Client will be delivered in metropolitan France to the address indicated by the Client at the time of the order within 5 working days as of the acceptance of the order by Noveka, unless expressly agreed otherwise between the parties. Delivery will be made by the carriers designated by Noveka exclusively by direct delivery of the ordered Product to the stated recipient or, in the event of absence, to another person authorized by the Client.

The Client is required to check the condition of the Products delivered. Any reservations or claims regarding the delivered Products must be addressed to Noveka's customer service department, by mail to the following address Noveka SAS 31 rue du Val Breton 27520 Grand Bourgtheroulde or by email to the address: contact@sport-elec.com. The Client shall take particular care to verify the proper functioning of the Product delivered, in particular by carefully reading the instructions for use provided to him.

Any reservations or claims must be addressed to Noveka's customer service department or to the carrier within the deadlines set forth in Article L 133-3 of the French Commercial Code. The Client has a period of 14 days from the date of delivery to formulate his protests or reservations with the carrier. In the event of apparent defects, the Customer has the right to return the goods under the conditions set out in these GTC. In the event of non-delivery within the period indicated by Noveka, the Client may cancel the order by first instructing Noveka by registered mail with acknowledgement of receipt or by another written document on a durable medium to carry out the delivery within a reasonable additional period. Only in the event that Noveka has not complied within this new deadline may the Client, in the same manner, inform Noveka that it is cancelling the contract. The Contract will therefore be cancelled upon receipt of the registered letter or written notice informing Noveka of this cancellation, unless Noveka has performed between the sending of the letter by the Client and its receipt. When the Client has cancelled the contract due to Noveka's failure to deliver the Products, Noveka must reimburse the Client for all amounts paid, at the latest within 30 (thirty) days following the date of cancellation of the contract. Noveka must receive the product concerned at its headquarters before issuing the reimbursement via the same means of payment of the Client.

The transfer of ownership of Noveka's Products to the benefit of the Client will only take place after full payment of the price by the latter, regardless of the delivery date of said Products. It is recalled that the risks of loss or damage to the Products as well as any damage that may be caused to the Products are transferred to the Client at the time of physical possession of the Products by the Client or by a third party designated by the Client.

VI - RIGHT OF WITHDRAWAL

The consumer Client has a withdrawal period of fourteen (14) clear days, as of the receipt of the products, to return them to Noveka for reimbursement, provided that the products are returned in their original packaging or with the same level of protection and in perfect condition.

To exercise this right, the Client must send Noveka, before the expiration of the deadline, either the withdrawal form provided in the present GTC, or any unambiguous statement expressing his or her wish to withdraw, to the following address Noveka SAS 31 rue du VAL BRETON 27520 Bourgtheroulde.
The Client will then receive a return number to be indicated on his parcel for processing. Otherwise, the returned package will not be accepted. The Client must return the Product(s) to Noveka without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw, including the 14 days following the date of invoice.

The total refund will be made within fourteen (14) days from the date of recovery of the returned Product(s). Damaged, soiled or incomplete items will not be accepted. Except when Noveka's responsibility is engaged, only the price of the Product(s) will be refunded. The "return" costs are at the expense of the Client who may use the carrier of his choice.

In accordance with the provisions of article L121--21-8 of the Consumer Code, the right of withdrawal cannot be exercised for goods opened by the consumer and which cannot be returned for reasons of hygiene or health protection (electrodes, contact cream, belts, combi, and any other article concerned).
A rehabilitation fee of 15€ will be charged to the customer's refund when these accessories have been used (opened bag) for container packs.

VII – GUARANTEES

WII.1. Legal guarantees

As a consumer, the Client has, for all Products sold by Noveka, the legal guarantees of conformity (articles L.217-4 and following of the French Consumer Code) and hidden defects (articles 1641 and following of the French Civil Code).

When the Client acts under the legal guarantee of conformity:

-he has a period of two (2) years from the delivery of the goods to act;

-He may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

he is exempted from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods, except for second-hand goods.

Furthermore, it is recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted, which is one year in addition;

In order to assert his rights in case of non-conformity or hidden defects of the products, the Client must inform Noveka, in writing, at the following address: 31 rue du Val Breton 27520 Grand Bourgtheroulde by email: contact@sport-elec.com

 If the Client is entitled to demand the conformity of the goods to the contract, he/she cannot however contest the conformity by invoking a defect that he/she knew or could not ignore when he/she contracted.

Article L. 217-4 of the Consumer Code:

« The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. »

Article L. 217-5 of the Consumer Code :

« The goods are in conformity with the contract :

1° If it is fit for the purpose usually expected of similar goods and, if applicable :

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;

- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. Article L 217-12 of the Consumer Code:

« An action arising from a lack of conformity shall be barred after two years from the date of invoicing of the goods. »

Article L.217-16 of the Consumer Code :

« Where the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run.
This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is later than the request for intervention. »

Article 1641 of the Civil Code:

« The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them.
Article 1648, paragraph 1:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. »

VII.2. Commercial guarantees

In addition to the above legal guarantees, Noveka SAS 31 rue du Val Breton 27520 Grand Bourgtheroulde , also guarantees the Products sold by it under the following conditions and limits:

·         The duration of the warranty depends on the Product purchased by the Customer; this duration is indicated either on the price lists or on the personalised price offers;

·         this warranty is understood to be "parts and labour".

To implement it, the Client must contact the consumer service, Noveka SAS 31 rue du Val Breton 27520 Grand Bourgtheroulde by email at contact@sport-elec.com, which will provide him with a return number and the procedure to follow.

·         the outbound transport costs are at the Client's expense;

·        Noveka SAS will have the choice between either doing their best to remedy the defect within a reasonable period of time, or replacing the Product by another one free of the defect.

·        Noveka may not, under any circumstances, be required to pay any sum whatsoever, in particular, but without limitation, for the temporary immobilization of the Product, a commercial disturbance, a loss of order, a loss of profit, a loss of operation, etc., and any other prejudice of the same nature.

·         This warranty is granted for all Products sold by Noveka without territorial limits.

VIII – EXCLUSION OF WARRANTY AND LIABILITY

• Noveka disclaims all warranties and all liability in the event that the failures of the Products (notably: hardware, accessories, peripheral equipment and spare parts) it markets are due to :

- breakage due to accidents or incidents or improper connection or failure of the power supply;

- use of the Product other than for the purpose for which it was designed and manufactured; and in the case of accessories, peripheral equipment and spare parts, for purposes other than the maintenance, adaptation or repair of the Products marketed by it

- failure to observe the instructions for assembly, use or maintenance;

- modifications, maintenance or interventions not carried out by Noveka's specialized service or its agents designated or approved for this purpose

- the addition or use of parts, components or accessories other than those manufactured and/or sold or simply recommended by Noveka, or of a quality not equivalent thereto;

- an event of force majeure.

Noveka declines all responsibility in the event of damage caused by a Product sold by it, when :

- The Product has been repaired, maintained or has been the object of an intervention by a company or a third party of any kind not approved by Noveka

- Defects and deteriorations caused by natural wear and tear or by an external accident or a modification, use or treatment of the Products not foreseen or specified by the seller, or intervention are excluded from any warranty, as are accessories and or electrodes, cream etc...

IX - AVAILABILITY OF PARTS ESSENTIAL TO THE USE OF THE APPLIANCE

Spare parts essential to the use of the Products are available for a period of 3 years from the date of marketing of the last device in the series. It also applies to accessories indispensable to the use of the Products such as Noveka electrodes and cables.

X – INTELLECTUAL PROPERTY RIGHTS - CONFIDENTIALITY

The Client agrees to respect all rights related to intellectual property, including copyrights, trademarks and industrial property rights. The intellectual property rights on Noveka's documents, as well as on its Internet Site and each of the elements created for this site are the exclusive property of Noveka or its suppliers, who do not grant any license or any other right than that of consulting the site. The reproduction of any document published on the site is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use not previously authorized by Noveka shall constitute an infringement and shall be sanctioned as such.

The Client further undertakes not to use the name of Noveka Sport-elec and its trademarks, logos, images and photos of its Products for promotional purposes, in written or computerized form, without written authorization from Noveka.
 

The client may at any time register on Bloctel to avoid the resumption of files or telephone calls.

XI – COMPUTER LAW AND LIBERTIES

For the purposes of processing your order and our commercial relations, and to comply with its legal and regulatory obligations, Noveka is required to collect and process certain personal data concerning you. For the purposes of the execution and delivery of your order, we may communicate all or part of this data to certain of our partners.

Noveka ensures that the collection and processing of personal data relating to the Client is done in accordance with the provisions of Law n°78-17 of January 6, 1978 relating to data processing, files and freedoms as modified by Law n°2018-493 of June 20, 2018 (known as the Data Processing and Freedom Law).

The Customer has the right to oppose, access, rectify and delete personal data concerning him. To this end, he/she simply needs to make a request to Noveka, indicating his/her name, first name, address and identifiers, and attaching a copy of his/her identity card as follows:

• by email to: contact@sport-elec.com
• by post to : 31 rue du VAL BRETON 27520 Grand Bourgtheroudle

XII – APPLICABLE LAW - MEDIATION - DISPUTES

These GTC and, more generally, the contracts concluded with Noveka, are subject to French law.

All disputes to which the purchase and sale operations concluded pursuant to these GTC may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, and which could not be resolved between Noveka and the Client, shall be submitted to the competent courts under the conditions of common law.
Le Client est informé qu'il peut en tout état de cause recourir à une médiation. In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has set up a consumer mediation system. The mediation entity retained is: SAS CNPM - MÉDIATION - CONSOMMATION. In the event of a dispute, the consumer may file a complaint on the site :

http://cnpm-mediation-consommation.eu 

or by post by writing to

CNPM - MÉDIATION - CONSOMMATION

27, avenue de la Libération – 42400 SAINT-CHAMOND

SAMPLE WITHDRAWAL FORM

For the attention of Noveka SAS 31 rue du Val Breton 27520 Grand Bourgtheroulde

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 consumer(s) :

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

Date :

(*) Delete as appropriate