Terms and Conditions of Sale

General Terms and Conditions of Sale

 

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the company Agensky, under number 2280833874 and whose registered office is located at

 

Hereinafter, the following terms will be defined as:

"Site": the website "https://nexaro.com" and all its pages, exclusive property of the Company.

"Products" or "Services": all products (material goods) and services (benefits) that can be purchased or subscribed to on the Site.

"Seller": Agensky, a legal or natural person offering its Products or Services on the Site.

"Client": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.

"Consumer", in accordance with the definition in the preliminary article of the Consumer Code: "any natural person acting for purposes that are outside the scope of their commercial, industrial, craft, or liberal activity."

The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to carefully read these GTC, to print them and/or to save them

on a durable medium before placing an order on the Site.

The Client acknowledges having read and fully accepted the GTC.

Article 2 – Application of the GTC and purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version thereof on the Site.

The GTC applicable to the Client are those in force on the day of their order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data, and the terms of use of the Site are provided in the general terms of use, legal notices, and data charter of this Site.

This Site offers online sales of premium accessories for the office and home office.

The Site is freely accessible to all Clients. The acquisition of a Product or Service implies the Client's acceptance of these entire GTC, who acknowledges having fully understood them. This acceptance may consist, for example, for the Client, in checking the box corresponding to the phrase of acceptance of these GTC, bearing, for example, the mention "I acknowledge having read and accepted all the general conditions of the Site". Checking this box will be considered to have the same value as a handwritten signature by the Client.

Acceptance of these GTC implies that Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.

The Client acknowledges the evidentiary value of the Seller's automatic recording systems and, unless they provide proof to the contrary, waives the right to contest them in the event of a dispute.

Any Order for Products implies unreserved acceptance by the Client and their full and complete adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly agreed otherwise in advance by the Company.

Article 3 – Customer service

The customer service of this Site is accessible by email at the following address: “ artsdurangement@gmail.com” by form or by postal mail to the address indicated in the legal notices. The Client must indicate in the email their first name, last name, the subject of their request, and their Order number.

For any professional request (partnership, media, contract proposal), the Company can only be reached by email at artsdurangement@gmail.com.

Article 4 – Terms of placing orders and description of the purchasing process

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on descriptions provided by the supplier.

The photos on the Site are non-contractual and may vary slightly from the photographed models. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.

"Shopping Cart" is defined below as the intangible object grouping all Products or Services selected by the Client of the Site for purchase by clicking on these items. To place an order, the Client chooses the Product(s) they wish to order by adding them to their "Shopping Cart", the contents of which can be modified at any time.

1. The Client places the Order via the Site: the Client registers and validates the Order on the Site.
2. To place an Order on the Site, the Client freely selects one or more Products from the Site's catalog by clicking on the "add to Cart" button. On the "Cart" page, the Client can review the details of their Order and correct any errors before confirming it.
3. On the "Information" page, the Client must enter their contact information. They can opt for email tracking of their Order by checking the required box.
4. On the "Delivery" page, the Client must choose their proposed shipping method.
5. On the "Confirmation" page, the Client must enter their banking details and billing address. The Client also has the option to enter a promotional code if they have one.
6. A complete summary of the Order appears. The Client can modify all elements of the Order before finalization. The Client is responsible for any errors related to the Order, Products, and contact information.
7. The sale is validly formed when the Client has confirmed the Order by clicking the "Finalize my order" button, accepted the General Terms and Conditions of Sale, and proceeded with payment according to the chosen methods, subject to the exercise of the right of withdrawal.

The order validation date corresponds to the date of effective receipt of the full price including VAT duly noted.

Article 5 – Price and payment terms

Unless otherwise stated, the prices listed in the catalog are understood as prices in Euros including all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any possible participation in processing and shipping costs.

Agensky reserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the Client.

The Client can place an order on this Site and pay by Credit Card, Bancontact, Apple Pay or Paypal. Payments by credit card are made through secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Client's payment methods. Payment is made directly to the bank or payment provider receiving the Client's payment. In case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC only begin to run from the effective date of receipt of payment by the Seller, who can provide proof by any means. The availability of Products is indicated on the Site, in the descriptive sheet of each Product.

Agensky will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Client before any payment. The Site has no geographical delivery limitation; orders can be shipped anywhere in the world. The delivery times indicated during the order are for informational purposes and remain dependent on possible delays from postal services or other specific circumstances preventing delivery (protests, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Client declares himself to be the importer of the Product and accepts that, in such a case, the Seller may be materially unable to provide him with accurate information on the total amount of fees relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.

In the event of a hand delivery, the client may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then imperatively be indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. In the event of a mailbox delivery, the client undertakes to immediately check the package and contact Agensky support if they notice any anomaly. Failing to comply with these requirements, the Client will not be able to exercise their right of refusal, and the Seller will not be obliged to grant the Client's request to exercise the right of refusal.

If the Client's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Client upon receipt of the returned package to inquire about the desired course of action for their order. If the Client mistakenly refused the package, they may request its reshipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders for which shipping was free during the initial order.

In case of delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Client is a Consumer and the contract for acquiring the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Client cannot be attributed to the Seller.

Any delay in delivery compared to the date or deadline indicated to the Consumer Client when ordering or, in the absence of a date or deadline indication when ordering, exceeding thirty (30) days from the conclusion of the contract may lead to the cancellation of the sale at the initiative of the Consumer Client, upon written request from them by registered letter with acknowledgment of receipt, if after having urged the Seller to make the delivery, the Seller has not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

Specific case of a package whose tracking number indicates "delivered" but not received in the mailbox: if the Client notices and informs the Seller that the package is not in their mailbox despite its tracking number indicating that it is "delivered", customer service may request additional information as well as an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to ensure Client satisfaction by notably offering to immediately resend the products at its own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Client has fourteen (14) working days from the date of receipt of the product from their order to withdraw. They will be required to return any unsuitable product and request an exchange or refund without penalties, with the exception of return shipping costs, within fourteen days from the receipt by Agensky of the refund request.

The Product must be returned in perfect condition, unopened (under blister if applicable), and unused. The Consumer Client can find a standard withdrawal form below for an order placed on the Site, to be sent to Agensky. It is understood that the Client will bear the costs of returning the Product in case of withdrawal.

The Client is advised to return the package using a tracking service. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an investigation with the postal services to request them to locate it.

The refund will be made using the same payment method chosen by the Client for the initial transaction, unless the Client expressly agrees that the Seller uses another payment method, and provided that the refund does not incur any costs for the Client.

The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such demonstration has not taken place previously.

In the event of depreciation of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client may be held liable.

In accordance with Article L121-17 of the Consumer Code ("Hamon Law") of June 2014, the Consumer Client can find a standard withdrawal form below for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of:

Agensky

I / we (*) hereby notify you / us (*) of my / our (*) withdrawal from the contract for the sale of the following good:

Order number:

Last name / First name:

Phone number:

Email address:

Postal address:

Reason for complaint:

• Exchange* (mention desired product)
• Refund* (attach complete bank details including IBAN and BIC)

Signature of the Client(s) (only in case of notification of this form on paper):

Date:

(*) Delete as appropriate.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The consumer may decide to invoke the guarantee against hidden defects of the item sold, as defined in Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any guarantee; in the event that this guarantee is invoked, the buyer has the choice between rescinding the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

The deferral, suspension, or interruption of the limitation period cannot extend the extinctive limitation period beyond twenty years from the day the right arose, in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees, as provided by the Civil Code;

Legal guarantee of conformity

The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be liable for any defects in conformity existing at the time of delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day the Product is taken possession of.

However, it will be up to the Client to prove that the defect did exist at the time the Product was taken possession of.

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if that choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, unless impossible, according to the option not chosen by the buyer."

Legal guarantee against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will proceed with its exchange. If exchange of the Product is impossible (obsolete Product, out of stock, etc.), the Client will be reimbursed by check or bank transfer for the amount of their order. The costs of the exchange or reimbursement procedure (including return shipping costs for the Product) are then borne by the Seller.

Article 9 – Liability

The Seller Agensky shall not be held liable for the non-performance of the concluded contract due to the occurrence of a force majeure event. With regard to purchased Products, the Seller shall not incur any liability for any indirect damage resulting from these presents, loss of operation, loss of profit, damage or expenses, which may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial impossibility of using the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or invocation of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, meaning if the Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows for withdrawal, according to Article L 121-21 of the Consumer Code.

The Client expressly acknowledges using the Site at their own risk and under their sole responsibility. In any event, Agensky shall under no circumstances be held liable for:

• any direct or indirect damage, particularly with regard to loss of profits, loss of earnings, loss of customers, data that may result, among other things, from the use of the Site, or conversely from the impossibility of its use;
• a malfunction, unavailability of access, misuse, misconfiguration of the Client's computer, or the use of an uncommon browser by the Client;
• the content of advertisements and other links or external sources accessible to Clients from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.

Article 10 – Force Majeure

In accordance with Article 1218 of the Civil Code, force majeure or fortuitous events are considered to be events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, to the extent that their occurrence makes the performance of obligations totally impossible.

The occurrence of a force majeure event shall automatically suspend the execution of the Order.

Beyond a period of ninety (90) calendar days, if the parties confirm the persistence of the force majeure event, the Order may be cancelled by either party, and the sales contract terminated. For this purpose, the most diligent party must send the other a registered letter with acknowledgement of receipt denouncing the said sales contract.

The effective date of termination will be the date of first presentation of the letter. In this event, neither party may claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.

All texts, comments, works, illustrations and images, whether visual or audible, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.

Only private use of the Site is authorized, subject to different or more restrictive provisions of the Intellectual Property Code.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property law unless prior authorization is obtained.

Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.

Any Client who is guilty of counterfeiting may have their account deleted without prior notice or compensation and without this deletion constituting a damage to them, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or its agent.

The trademarks and logos contained on the Site may be registered by Agensky, or possibly by one of its partners. Any person who proceeds with their representations, reproductions, embeddings, distributions and redistributions incurs the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 – Processing of Personal Data

1. The Company collects Client data:
2. a) for the purpose of processing and tracking the Client's Order on its Site; (and/or)
3. b) for the purpose of being able to contact you about various events related to the Company, including updates on Products and customer relationship management; (and/or)
4. c) for the purpose of collecting information allowing us to improve the Site and our Products (particularly through cookies).

The collected data are processed by the contractual service providers of the Site who are in charge of packaging and distributing the ordered Products, as well as by the hosting provider, Shopify Inc., whose servers are secured and protected by a firewall.

The collected data are retained by the Company only for the time corresponding to the purposes of the collection mentioned above, which shall in no case exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client benefits from a right of access, modification, rectification, deletion, or opposition for legitimate reasons regarding their data.

The Client can exercise their rights by e-mail at artsdurangement@gmail.com.

Article 13 – User Comments and Other Submissions

If the Client sends ideas, suggestions, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), at the Company's request or not, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comment that the Client sends.

The Company is not and shall not be obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to comments.

The Company may monitor, edit or remove content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party’s intellectual property or these General Terms and Conditions of Sale.

The Client agrees to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. The Client agrees not to write in their comments any unlawful, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Client agrees not to use a false e-mail address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.

The Client is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all liability for comments posted by the Client or any third party.

Article 14 – Severability of Clauses

If any provision of the GTC is deemed illegal, void, or for any reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.

These GTC replace all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable, or sublicensable by the Client themselves.

A printed version of the GTC and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be drafted in French.

Article 15 – Applicable Law and Mediation

The General Terms and Conditions of Sale are subject to French law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, stolen, or falsified bank card or one subject to opposition. In this context, no amicable conciliation attempt will be accepted.

The fact that a clause in these General Terms and Conditions of Sale becomes null and void and unenforceable shall not call into question the validity of the other stipulations and does not exempt the Client from fulfilling their contractual obligations.

Indemnity

You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third-party due to or arising out of your use of the website or our products and services, your breach of these terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations hereunder.

National or cross-border disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract, may be submitted to mediation at the Client's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a Mediator approved by the Commission d’Evaluation et de Contrôle de la Médiation de la Consommation (CECMC) (Consumer Mediation Evaluation and Control Commission), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Clients, for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and allows Clients to submit a mediation request online with supporting documents.

The dispute cannot be examined by the Mediator if:

- the Client does not provide proof of having first attempted to resolve their dispute directly with the Company through a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has been previously examined or is currently being examined by another mediator or by a court,

- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,

- the dispute does not fall within its scope of competence.

Mediation is free for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of their choice, or an expert to defend them, they will bear the costs alone.

The Mediator may not receive any instructions from the parties or be remunerated based on the outcome.

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent Estonian court.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, stolen, or falsified bank card or check. In this context, no amicable conciliation attempt will be accepted.

The fact that a clause in these General Terms and Conditions of Sale becomes null and void and unenforceable shall not call into question the validity of the other stipulations and shall not exempt the Client from fulfilling their contractual obligations.

Parts Guarantee:

The guarantee is limited to 30 days following the date of purchase under normal conditions of use and excluding any breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.

All rights reserved – July 1, 2022

Article 16: SMS Policy

 

SMS Policy:

 

By consenting to SMS marketing by Agensky at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders), SMS marketing offers, and transactional SMS messages, including review requests from us, even if your mobile phone number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

 

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply with STOP to any mobile message sent by us or use the unsubscribe link we provided you in one of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

 

For any questions, please text HELP to the number from which you received the messages. You can also contact us at https://contact@mynexaro.com or by email at artsdurangement@gmail.com for more information.

 

We reserve the right to change any phone number or short code we use to operate the service at any time. You will be notified on these occasions. You agree that any messages you send to a phone number or short code that we have changed, including STOP or HELP requests, may not be received, and we will not be obliged to honor requests made in such messages.

 

To the extent permitted by applicable law, you agree that we will not be liable for the failed, delayed, or misdirected delivery of any information sent through the service, for any errors in such information, and/or for any action you may or may not take in reliance on the information or service.

 

Your right to privacy is important to us. You can review our privacy policy: https://nexaro.com/pages/politique-de-confidentitialite to determine how we collect and use your personal information.