Terms of Sale

ARTICLE 1 - Scope

These General Terms and Conditions of Sale (referred to as 'GTC') apply without restriction or reservation to all sales made by the Seller to non-professional buyers ('Customers or the Customer') who wish to purchase the products offered for sale ('Products') by the Seller on the website https://naat.paris. The Products offered for sale on the site include:

Organic prickly pear seed oil

LThe main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website https://naat.paris and the Customer is required to take note of these before placing an order.

The choice and purchase of a Product are the sole responsibility of the Customer.

The Product offers are understood to be within the limits of available stock, as specified when the order is placed.

These GTC are accessible at all times on the website https://naat.paris  and shall prevail over any other document.

The Customer declares that they have read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website https://naat.paris.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

Fitiavana Naat, SAS

Share capital of 100 euros

Registered with the RCS of Paris under number 921766010

60 RUE FRANCOIS 1ER 75008 PARIS 8

Email: hello@naat.paris

Phone number: +33757810812

VAT Identification Number: FR23921766010

The Products presented on the website https://naat.paris are offered for sale in the following territories: Europe.

In the case of an order to a country other than metropolitan France, the Customer is the importer of the Products concerned.

For all Products shipped outside the European Union and Overseas Departments and Territories, the price will be automatically calculated without taxes on the invoice.

Customs duties or other local taxes or import duties or state taxes may be due. They will be the responsibility of and are the sole responsibility of the Customer.

ARTICLE 2 - Price

The Products are provided at the rates in effect on the website https://naat.paris, at the time of the order registration by the Seller.

Prices are stated in Euros, excluding taxes (HT) and inclusive of taxes (TTC).

The rates take into account any discounts that may be granted by the Seller on the website https://naat.paris.

These rates are firm and not subject to revision during their period of validity, but the Seller reserves the right to modify the prices at any time outside of the period of validity.

The prices do not include processing, shipping, transportation, and delivery fees, which are billed separately 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 fees.

An invoice is established by the Seller and provided to the Customer upon delivery of the ordered Products.

ARTICLE 3 – Order

It is the responsibility of the Customer to select the Products they wish to order on the website https://naat.paris,  according to the following procedures:

The customer selects a Product, adds it to their cart, and can remove or modify the Product before finalizing the order and accepting these general terms and conditions of sale. The Customer then enters their contact information or logs into their account and chooses the delivery method. After confirming the information, the order will be considered final and will require payment from the Customer according to the specified terms.

The offers of Products are valid as long as they are visible on the site, within the limits of available stock.

The sale will only be considered valid after the full payment of the price. It is the responsibility of the Customer to verify the accuracy of the order and to immediately report any errors.

TAny order placed on the website https://naat.paris constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.

The Customer can track the progress of their order on the website.

ARTICLE 4 - Payment Terms

The price is paid through a secure payment method, as follows:

  • Payment by credit card

The price is payable in full by the Customer on the day of placing the order.

Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider for banking transactions conducted on the website https://naat.paris.

Payments made by the Customer will only be considered final after the Seller has effectively collected the amounts due.

The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer has not paid the full price in accordance with the above-mentioned conditions.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in metropolitan France or in the following areas:

Europe.

Deliveries are made within a period of, with an average delivery time of 2 to 4 working days in standard mode to the address indicated by the Customer when placing the order on the website.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Unless there is a particular case or unavailability of one or more Products, the ordered Products will be delivered in one shipment.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the specified timeframes above.

If the Products ordered have not been delivered within a period of 10 days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be terminated at the written request of the Customer in accordance with the conditions provided for in Articles L 216-2, L 216-3, and L 241-4 of the Consumer Code. The sums paid by the Customer will then be refunded to the Customer no later than fourteen days following the date of denunciation of the contract, excluding any compensation or with holding.

Deliveries are provided by an independent carrier to the address indicated by the Customer when placing the order, and to which the carrier can easily access.

When the Customer himself has taken charge of calling on a carrier of his choice, the delivery is deemed to have been made upon the delivery of the Products ordered by the Seller to the carrier, who accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to carry out the delivery, and the Customer has no recourse against the Seller in the event of non-delivery of the transported goods.

In the event of a specific request by the Customer regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, previously accepted in writing by the Customer.

The Customer is responsible for checking the condition of the delivered products. The Customer has a period of #254 Délai maximal pour... from the date of delivery to make any claims by Email, accompanied by all supporting documents (including photos). After this period, and failing to have complied with these formalities, the Products will be deemed to be in conformity and free from any apparent defect, and no claim can be validly accepted by the Seller.

The Seller will refund or replace, at its own expense and as soon as possible, the delivered Products for which non-compliance or apparent or hidden defects have been duly proven by the Customer, in accordance with the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these GTC.

The transfer of risks of loss and damage related to the Products will only be carried out when the Customer physically takes possession of the Products. The Products therefore travel at the risk and peril of the Seller, unless the Customer has chosen the carrier himself. In this respect, the risks are transferred at the time of the delivery of the goods to the carrier.

ARTICLE 6 - Transfer of Ownership

The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 - Right of Withdrawal

According to the terms of Article L221-18 of the Consumer Code, 'For contracts providing for the regular delivery of goods over a defined period, the period shall run from the receipt of the first item.'

The right of withdrawal can be exercised online, using the attached withdrawal form, which is also available on the website or by any other unambiguous statement expressing the intention to withdraw, particularly by postal mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete Products will not be accepted for return.

The cost of return is the responsibility of the Customer.

Exchange (subject to availability) or refund will be made within 14 days from the date of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

ARTICLE 8 - Seller's Liability - Warranties

The Products supplied by the Seller benefit from:

  • the legal warranty of conformity for defective, damaged, or non-compliant Products,
  • the legal warranty against hidden defects resulting from a defect in material, design, or manufacture affecting the delivered products and making them unfit for use,

Provisions regarding legal warranties

Article L217-4 of the Consumer Code

"The seller is obliged to deliver a product that conforms to the contract and is responsible for any non-conformities existing at the time of delivery. The seller is also responsible for non-conformities resulting from the packaging, assembly instructions, or installation when these have been their responsibility according to the contract."

Article L217-5 of the Consumer Code

« The item complies with the contract:

1° If it is fit for the customary use of a similar item, and where applicable:

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

- If it has the qualities that a buyer can reasonably expect based on public statements made by the seller, the manufacturer, or their representative, especially in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, made known to the seller, and accepted by the seller.»

Article L217-12 of the Consumer Code

« The action resulting from a lack of conformity is time-barred two years from the delivery of the goods. »

Article 1641 of the Civil Code:

« The seller is bound by a warranty against hidden defects of 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 have paid a lower price if they had known. »

Article 1648, paragraph 1, of the Civil Code:

« The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. »

Article L217-16 of the Consumer Code:

When the purchaser requests that the seller repair an item under the warranty during the period of commercial guarantee that was granted upon the purchase or repair of a movable item, any period of immobilization of at least seven days is added to the remaining duration of the guarantee. This period runs from the purchaser's request for intervention or from the provision of the item for repair, if such provision occurs after the request for intervention.

To enforce their rights, the customer must inform the Seller in writing (by email or mail) of the non-conformity of the Products or the existence of hidden defects as soon as they discover them.

The Seller will refund, replace, or repair the Products or parts covered by the warranty that are deemed non-compliant or defective.

Shipping costs will be refunded based on the invoiced rate, and return costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements, or repairs of Products deemed non-compliant or defective will be carried out as quickly as possible and at the latest within 3 days after the Seller has confirmed the lack of conformity or hidden defect. This refund can be made via bank transfer or bank check.

The Seller's liability cannot be engaged in the following cases:

  • Non-compliance with the legislation of the country to which the products are delivered, which is the Customer's responsibility to verify.
  • In cases of misuse, use for professional purposes, negligence, or lack of maintenance by the Customer, as well as in cases of normal wear and tear of the Product, accidents, or force majeure.
  • The photographs and graphics presented on the website are not contractual and do not engage the Seller's responsibility.

The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant Products or Products affected by a defect.

ARTICLE 9 - Personal Data

The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. These personal data are collected solely for the execution of the sales contract.

9.1 Collection of Personal Data

The personal data collected on the website https://naat.paris are as follows:

Ordering Products

When ordering Products by the Customer:

Title, last name, first names, postal address, telephone number, date of birth, email address...

Payment

As part of the payment for the Products offered on the website https://naat.paris, it records financial data related to the Customer's/user's bank account or credit card.

9.2 Recipients of Personal Data

The personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sales and delivery service of the Products.""The category(ies) of co-contractor(s) is (are):

  • Transport service providers
  • Payment service providers

9.3 Data Controller

The data controller is the Seller, within the meaning of the Data Protection Act and, from May 25, 2018, of Regulation 2016/679 on the protection of personal data.

9.4 Limitation of Processing

Unless the Customer expressly agrees, their personal data will not be used for advertising or marketing purposes.

9.5 Data Retention Period

The Seller will retain the data collected for a period of 5 years, covering the time limit for the applicable contractual civil liability prescription.

9.6 Security and Confidentiality

The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data from alterations, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of the Rights of Customers and Users

In accordance with the applicable regulations on personal data, Customers and users of the website https://naat.paris have the following rights:

  • They can update or delete the data concerning them in the following way:

_______________.

  • They can delete their account by writing to the email address indicated in Article 9.3 'Data Controller.'
  • They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 'Data Controller.'
  • If the personal data held by the Seller is inaccurate, they can request the updating of the information by writing to the address indicated in Article 9.3 'Data Controller.'
  • They can request the deletion of their personal data in accordance with applicable data protection laws by writing to the address indicated in Article 9.3 'Data Controller.'
  • They can also request the portability of data held by the Seller to another service provider
  • Finally, they can object to the processing of their data by the Seller.

These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or by email to the Data Controller, whose contact information is provided above.

The Data Controller must respond within a maximum of one month.

In the event of a refusal to grant the Client's request, the refusal must be justified.

The Client is informed that in the case of a refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.

The Client may be asked to check a box indicating their consent to receive informational and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact information above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual Property

The content of the website https://naat.paris is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

ARTICLE 11 - Applicable Law - Language

These GTC and the transactions resulting from them are governed by and subject to French law.

These GTC are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 - Disputes

For any complaints, please contact customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these GTC.

The Client is informed that, in any case, they may resort to conventional mediation, through existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is

Support 

E-mail : admin@naat.paris. 

The Client is also informed that they can resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale transactions concluded under these GTC, which have not been settled amicably between the seller or through mediation, shall be subject to the competent courts under the conditions of common law.