These general terms and conditions of sale depict the relationship between on the one hand Nabira and on the other hand the person who wants to buy something via the website http://www.store-nabira.com. Both parties agree that orders hat are being placed with Nabira, are subject to general terms and conditions of sale, except for those cases were other conditions apply which are mentioned on the website http://www.store-nabira.com.
ARTICLE 1 –PRICES
1.1 – For the European Union and mainland France, the prices are indicated in Euros including VAT. For all other countries the prices are indicated excluding value-added tax. In the course of the payment process the shipping costs are added, as they depend on the delivery company that has been chosen as well as the parcel’s weight.
1.2 – All orders, irrespective of their origin, have to be paid in Euros, USD or in Sterling.
1.3 – Nabira reserves the right to change prices at any given moment. The prices of all products refer to the amount stated when confirming an order (see article 3.2 of the general terms and conditions of sale at hand).
1.4 – For countries outside the European Union, the respective customs authorities charge import costs. These costs, which vary from country to country, are born by the customer. (Please contact the respective ministry of your country in order to enquire about the amount of import costs.)
ARTCLE 2 – ORDERS
2.1 – Before a customer places an order, he must have read and accepted the general terms and conditions of sale.
2.2 – Both parties are aware of the fact that the items which can be found on the website http://www.store-nabira.com/ may no longer be available or for sale when placing an order.
2.3 – When a customer creates an account he has to verify that all the information is correct and complete. 2.4 – Once an order has been confirmed, it can no longer be modified.
2.5 – Only persons legally capable of signing contracts concerning property and services offered on the site can place orders with Nabira.
2.6 – Nabira reserves the right to suspend or terminate the account of a customer who contravenes the clauses of the general terms and conditions of sale terms of sales. When the account of a customer has been suspended or terminated, he can only place another order if Nabira has given him permission to do so.
ARTICLE 3 - PRODUCTS
3.1 - The characteristics and price of our products are indicated on the pages containing the detailed description of the products. It is the customer's responsibility to read these details before confirming their order.
3.2 - The photos of the products are taken by Nabira.fr, in our photo studios and therefore conform to reality. We make a lot of effort to ensure that the graphic representation of the products is as faithful as possible to the products. However, it remains possible that the Customer's perception of the photographic representation does not exactly correspond to reality. In this situation, Nabira cannot be held responsible.
3.3 - Some of the items are restocked throughout the year, slight variations in shade on the different colors may be noted from one arrival to another, if this difference in shade is noted upon receipt by the customer, Nabira cannot be held responsible.
3.4 - The length of the items is indicative and may vary. The measurements are indicated for each item, however a margin of error of 10% may exist, if a difference in measurement on this basis of 10% is noted upon receipt by the customer, Nabira cannot be held responsible.
3.5 - The photos of the items are not contractual, the colors, accessories (buttons, zipper, etc.) may vary depending on the supplies present.
ARTCLE 4 – ORDER CONFIRMATION
4.1 – Nabira will send a confirmation email to the customer, which will restate the order (products, prices, quantity…).
4.2 – The sales contract is concluded when the customer had the possibility to verify the details of his order as well as the final price, and to rectify any errors. In return, the client then confirms the details of the order with Nabira which results in his definite order acceptance.
4.3 – When a customer confirms an order the sales contract is valid. The customer has thus accepted all prices, item and quantity descriptions of the products for sale, as well as the clauses of the general terms and conditions of sale at hand.
4.4 – The data stored by Nabira represents a proof of all past transactions between Nabira and its customers.
4.5 – An order are is not confirmed until the invoice has been paid in full.
4.6 - After payment, any order modification will be impossible. It is the customer's responsibility to check the details of his order before validation and payment: References, sizes, colors, quantities, delivery address, and delivery time of the selected carrier.
4.7 - The customer must take into consideration that after payment and validation of the order, it is impossible for us to stop shipping it for a logistics issue. In case of cancellation of the order, the customer will always have the possibility of returning the package. The cost of returning the package and shipping will remain at its charge.
ARTICLE 5 – DELIVERY
5.1 – Nabira strives to ship its packages within 1 to 4 working days from receipt of the order. For products out of stock Nabira.fr undertakes to inform the customer as soon as possible. To this preparation time, is added the delivery time. The latter depends on the carrier chosen when ordering. Delivery times are given as an indication by the carriers but they are not contractual. In the event of non-compliance with deadlines by a carrier, no compensation may be requested from Nabira.
5.2 – Nabira commits itself to inform the customer about all predictable delivery delays when it is possible.
5.3 – The goods are delivered to the address which has been indicated when the order was placed.
5.4 – Once the customer takes possession of the goods, the ownership of the items as well as any associated risks are transferred to the customer.
5.5 – The customer can make reservations upon the delivery of the products if the delivery does not conform in terms of quantity with the order.
5.6 – All reservations have to be communicated to the carrier upon delivery. A copy of these reservations have to be sent to Nabira (either per email or by fax) after no more than twelve hours after the said reservations have been expressed. Simultaneously, the customer has to provide Nabira with the transporter's confirmation of the reality of these reservations.
5.7 – If a product is defective or if a consignment does not correspond with the order, the customer has to inform Nabira within 72 hours after receipt of the goods (either per email or by telephone). Depending on the case, Nabira either exchanges the merchandise or repairs it. Complaints that are filed after the 72-hour-period, will not accepted. After the customer service has given the approval, the merchandise has to be returned to Nabira in the same condition in which the customer has received it, i.e. intact and in its original packaging. The shipping costs have to be paid by the customer.
ARTCLE 6 – PAYMENT
6.1 – Payments can be made by credit card, PayPal, Western Union or bank wire.
6.2- The customer can pay online by credit card via our secure payment modules. The credit card number and the expiration date are encrypted and transmitted securely (SSL) wherefore neither Nabira nor third parties have access to this data.
6.3 – At the time of payment validation, the order amount is be debited from the customer's bank account.
6.4 – The data stored and kept by Nabira are a proof of the order itself and of all past transactions. The data recorded by the payment system constitutes a proof of the financial transactions.
6.5 – The bank account details which make bank wires possible, can be provided upon request. Any expenses have to be born by the customer.
6.6 – As soon as Nabira has received the payment of an order, the latter will be sent to the customer, under the condition that the ordered merchandise is on stock. Therefore the delivery periods that apply are those which were valid on the day when the payment has been received and can deviate from those that were stated on the day when the order was placed.
6.7 – The customer will receive his invoice upon order delivery. He can download it and print it out as a pdf document by accessing his customer account.
ARTCLE 7 – CANCELLATIONS AND RETURN
7.1 - The Customer has a period of fourteen clear days from receipt of the order to terminate the contract for the sale of products concluded during the validation of the order (Article 4). In the event that the products have already been delivered to the Customer, the latter must return them to Nabira.fr, without having to justify any reason.
7.2 - The customer must take note that after payment, he will be sent to us. it is not possible to cancel the shipment of an order. In the event of withdrawal, it will be up to the customer to return the package at his expense.
7.3 - Any return made outside the withdrawal period will be systematically refused.
7.4 - The return costs are exclusively the responsibility of the client.
ARTCLE 8 - WARRANTY
8.1. – The products are in conformity with French legislation.
8.2 – Nabira shall not be liable in the following cases: stock shortage, delivery delays, strikes (even in the event of strikes by delivery companies), force majeure, and more generally, in all the cases where Nabira isn’t exclusively or directly accountable.
8.3 – The photos on Nabira’s website have no contractual value.
8.4 – The customer accesses, uses, and navigates on Nabira’s website at his or her own risk.
8.5 – Regarding all stages of site access, order processing, delivery, or customer service related matters, Nabira only has to carry out a duty requiring action. Nabira cannot be held liable for any inconveniencies or damage inherent to internet use, such as a breach in service, outside intrusion or the presence of computer viruses, or for any event deemed to fall under force majeure, as recognized by law.
8.6 - To the maximum extent permitted by law the customer acknowledges and agrees, that Nabira cannot be held liable for any direct, indirect or accidental damage, or compensation for moral harm, costs, losses, decrease in turnover or profits, or liabilities of any nature which may arise from the use or, on the contrary, impossibility of using, the website or its contents (even if the occurrence of the damage was known to Nabira or could have been predicted by Nabira).
8.7 – The products which are subject to these general terms and conditions of sale, are those which are listed on the website, and which Nabira labels as sold or sent (the ‘products’). They are on offer within the limits of the available stocks.
8.8 – The products are presented and described as accurately as possible. However, Nabira cannot be held liable if errors or omissions regarding this presentation should occur.
ARTICLE 9 – REFUNDS
9.1 – Nabria does not make any refunds for products in the cases referred to in Article 6.1 once an order has been confirmed.
9.2 – Refunds for products in the cases referred to in Article 6.1 will be made within 14 days after Nabira has received the goods.
9.3 – Nabira chooses to reimburse either by bank transfer, or bank cheques which are issued in the name of the customer who has placed the order. The address that will be written on this cheque will be the billing address. Cash on delivery will not be accepted under any circumstances.
ARTICLE 10 – CUSTOMER SERVICE
For any queries the customer service can be joined at email@example.com and by dialing +33 1 84 200 380.
ARTICLE 11 – GOVERNING LAW AND LAWSUITS
This contract has originally been written in French and is subject to the French law. Solely French course All lawsuits fall under the jurisdiction of French courts. This English-language contract is a translation; in the event of any dispute, the contract having precedence is the original contract written in French
ARTICLE 12 – PERSONAL DATA
Nabira is committed to protecting the customers’ personal information. All personal data gathered by Nabira will be kept strictly confidential in accordance with the data protection act.