Introduction
We are pleased to welcome you to our website, accessible at www.nandara.com.
Please read the terms and conditions carefully, as they set out the terms and restrictions of sale that you agree to when placing an order on the website www.nandara.com, which offers products for sale to individuals and professionals in the wellness sector.
This website is published by TRADEQUEST SAS (owner of the trade name NANDARA), whose registered office is located at 4 Avenue André-Marie Ampère 31770 Colomiers, France (hereinafter referred to as NANDARA).
These terms and conditions govern sales made via the website www.nandara.com and define the rights and obligations of the parties following the online sale of products offered on the website. These terms and conditions apply to the exclusion of all other terms and conditions or documents.
These terms and conditions and the order summary sent to the buyer form a contractual whole and constitute the entire contractual relationship between the parties. In the event of any contradiction between these documents, the terms and conditions shall prevail.
In these terms and conditions, “user” refers to the internet user browsing the NANDARA website and ‘buyer’ refers to the internet user who has confirmed an order on the website.
Any order placed on the website www.nandara.com implies the buyer’s unreserved acceptance of these terms and conditions.
1. Products proposed for sale
The products offered for sale by NANDARA are those appearing on the website on the day the user consults the website.
The photographs illustrating the products are not contractually binding. NANDARA cannot be held liable if the photographs are inaccurate.
Products are offered for sale while stocks last. If a product is unavailable, the buyer will be informed as soon as possible by email or telephone.
The unavailable product will not be invoiced or, if payment has already been made, NANDARA will refund the missing product by crediting the card used for payment or by cheque.
NANDARA cannot be held liable solely for the unavailability of a product or in the event of a stock shortage.
2. Price
Product prices are quoted in euros and include all taxes. The VAT rate will be that applicable on the date of the order. The prices quoted on www.nandara.com do not include preparation and shipping costs, which will be payable by the buyer in addition to the order total.
NANDARA reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of confirmation of the order.
3. Order
Users who wish to purchase one or more products on the NANDARA website must select each product they wish to purchase and add it to their basket.
Once all the products the user wishes to purchase have been added to the basket, they can confirm the contents of the basket and proceed to checkout.
The user will then be redirected to a page summarising the details of the selected products and the price of each product. By clicking on the ‘Confirm order’ button, they will be taken to the page where they can enter their delivery and billing address, shipping method and payment method. Then, by clicking on the ‘Order’ button again, they will be taken to the page where they can make the payment. Once this has been done, they must also accept the terms and conditions of sale by ticking the box next to « I have read the terms and conditions of sale and I accept them without reservation », accompanied by a hyperlink allowing them to access and read these terms and conditions.
Once the options have been selected, the user can confirm their order by clicking on the ‘Order’ button, then « Payment ».
Once the order has been placed, NANDARA will send an order confirmation by email. This order confirmation must be kept by the buyer.
4. Payment
By confirming the order, the buyer agrees to pay the price indicated.
Payment must be made using one of the payment methods offered on the website, and the order amount will be debited as soon as the order is confirmed.
5. Retention of title
The products ordered remain the property of NANDARA until full payment has been received by NANDARA. In the event of a payment incident, the buyer undertakes to return the products received to NANDARA upon first request.
6. Delivery
The products ordered will be delivered to the address provided by the buyer during the ordering process and within the time frame indicated on the order confirmation page.
In the event of a delay in the shipment of the product, the buyer will be informed by email of the consequences that this delay will have on the delivery time.
In any event and in accordance with the provisions of Article L. 216-2 of the French Consumer Code, NANDARA undertakes to deliver the product within 30 days of the conclusion of the contract.
If the delivery time is exceeded, the buyer may – after having requested NANDARA in writing on a durable medium to proceed with delivery within a reasonable time – cancel the sale in accordance with the same terms and conditions.
In this case, if the product(s) are received after the buyer has cancelled the sale, NANDARA will, after the products have been returned, refund the order and the return costs.
Once the buyer or a third party designated by the buyer takes physical possession of the products ordered, the risk of loss or damage to the products is transferred to the buyer.
Upon receipt of the products, it is the buyer’s responsibility to carefully check the condition and conformity of the products and their packaging.
Any anomalies must be reported to the carrier and noted on the delivery note.
These anomalies must be notified in writing to NANDARA within 3 days of receipt.
NANDARA shall not be held liable for any claims made after this period.
7. Right of withdrawal
The buyer has a period of 14 days from receipt of the product(s) to exercise their right of withdrawal, without having to provide any justification or pay any penalties.
The buyer who wishes to withdraw must notify NANDARA via the form on the contact page of the website www.nandara.com or by telephone on +33 (0)5 82 950 949. If the delivery address is in France, the buyer can create the return label themselves by searching for the relevant order in the order history of their customer account. If the buyer does not have a customer account or if their delivery address is outside France, they may specify this when making their request to NANDARA so that the return label can be sent to them by email. The buyer must print the return label and affix it to their return parcel.
The buyer has a period of 14 days from the date of exercising their right of withdrawal to return, at their own expense and accompanied by a copy of the invoice, the product(s) for which they wish to withdraw.
The product(s) must be returned to the address indicated.
Parcels sent carriage forward will not be accepted.
The risks associated with returning the product(s) are the responsibility of the buyer.
In the event of a dispute, it shall be up to the buyer to prove that they have exercised their right of withdrawal within the specified time limit.
NANDARA will refund the buyer within 14 days of receiving the withdrawal request. This refund may be deferred until the goods have been recovered.
8. Guarantees
For products ordered, the buyer benefits from the legal guarantee of conformity (Articles L. 217-4 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code).
9. Contact - Complaints - Mediation - Opposition to telephone canvassing
Contact
If you have any questions or require further information, please contact NANDARA:
Complaint
In the event of a complaint regarding the execution of an order or these terms and conditions, the buyer must submit their request via one of the contact methods specified above.
Mediation
These terms and conditions, as well as the relationship between the buyer and the seller, are governed by French law. In the event of a dispute, only French courts shall have jurisdiction.
However, prior to any recourse to arbitration or state courts, the buyer is invited to contact NANDARA’s complaints department.
If no agreement is reached or if the buyer can prove that they have first attempted to resolve the dispute directly with the seller by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of fairness and good faith with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including its validity.
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, stating the details of the dispute.
As mediation is not mandatory, the buyer or NANDARA may withdraw from the process at any time.
In the event that mediation fails or is not considered, the dispute that gave rise to mediation shall be referred to the competent court.
10. Personal data
The personal information and data collected during the sale are necessary for processing the order.
Failure to provide this information will make it impossible for NANDARA to fulfil the order and will result in the order being cancelled.
The information collected is strictly confidential and NANDARA undertakes to use this data only for the purposes necessary to process the order.
Similarly, NANDARA undertakes not to disclose this information and personal data to third parties other than those responsible for managing or fulfilling the order.
In accordance with the French Data Protection Act of 5 January 1978, the processing of personal information collected on the website has been declared to the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés).
Users have the right to access, rectify and oppose personal data concerning them, which they may exercise by contacting NANDARA by post (4 Avenue André-Marie Ampère 31770 Colomiers, France) or by email at: contact@nandara.com
11. Force majeure
Neither party shall be liable for the total or partial non-performance of its obligations under this contract if such non-performance is caused by an event constituting force majeure.
Events fulfilling the criteria established by the case law of the Court of Cassation shall be considered as force majeure; the party invoking an event constituting force majeure shall notify the other party within five working days of the occurrence or threat of such event.
The parties agree that they shall consult each other as soon as possible in order to determine together the terms and conditions for the performance of the order during the period of force majeure.
12. Partial invalidity
If any provision of these terms and conditions is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
13. Applicable law - Competent jurisdiction
These general terms and conditions of sale and the contractual relationship between NANDARA and the buyer are governed by French law.
In the event of a dispute, the French courts shall have sole jurisdiction.