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General Terms and Conditions of Sale

The merchant website " nailmatic.com " is operated by Bains & Nature, SAS with a capital of 31 800 €, headquartered at 37, boulevard Suchet 75016 Paris in France and registered at the RCS of Paris under the number 753031764 00024 and VAT number FR30753031764.


The general terms and conditions of sale detailed below are governed by French law, and apply to all orders placed with Bains et Nature for all items offered on the "nailmatic.com" website, unless otherwise agreed in writing.



These general terms and conditions of sale can be consulted on the website at any time. Consequently, your order confirmation constitutes an electronic signature with the same value as a handwritten signature, and implicitly implies your unreserved acceptance of all the following conditions.

Order taking and confirmation

Your basket is your order form. To place an order, you will need to enter the information required for invoicing and delivery of the items. The information you provide is binding on you. In the event of an error in the delivery details, the nailmatic.com website and the Bains et Nature company cannot be held responsible for the impossibility of delivering the item(s).



After validating your details, you will choose your payment method. Your order will be automatically validated and will constitute an irrevocable commitment on your part that can only be challenged in the cases restrictively provided for by these conditions (see your right of withdrawal).



Bains & Nature reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order. At each stage of processing your order, an email is automatically sent to you.

Prices

All product offers on this site are limited to Metropolitan France, Corsica and Monaco. Promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.



The prices shown on this site are in Euros, inclusive of all taxes but excluding delivery charges, and are subject to change during the year, it being understood that the products ordered are invoiced at the prices in force when the order is registered.



Products remain the sole property of Bains & Nature until full payment has been received by Bains & Nature.

Legal warranties

All products supplied by Bains & Nature are covered by the legal guarantee of conformity stipulated in articles L. 211-4 to L. 211-13 of the French Consumer Code and the guarantee relating to defects in the item sold under the conditions stipulated in articles 1641 to 1648 of the French Civil Code and 2232 of the French Civil Code. These articles are reproduced below:

Article L211-4 of the Consumer Code


The seller is obliged to deliver goods in conformity with the contract and is 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 his responsibility under the contract or was carried out under his responsibility.

Article L211-5 of the French Consumer Code


To comply with the contract, the goods must :

1) Be fit for the purpose normally expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L211-12 of the French Consumer Code


Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 of the French Civil Code
The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.


Article 1648 of the Civil Code, paragraph 1


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

Commercial guarantee

The commercial guarantee refers to any contractual commitment made by a professional to a consumer with a view to reimbursing the purchase price, replacing or repairing the goods, in addition to his legal obligations to guarantee the conformity of the goods.
Bains & Nature does not provide any commercial guarantee.

Reminder of the customer's rights

It is reminded that when he acts in legal guarantee of conformity, the Customer : 
- Has a period of two years from the delivery of the goods to act;
- May choose between repairing or replacing the goods, subject to the cost conditions set out in article L.211-9 of the French Consumer Code;
- Is exempted from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to 24 months from 13 May 2025, except for second-hand goods.

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

The Customer may also decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code. In this case, the Customer may choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the French Civil Code.

Payment

Payment for your purchases on the Site is made exclusively in Euros and can be made in the following ways:


- Payment by credit card: this is made online when the order is placed and is entirely secure. You make your purchases in complete security.


- Payment by PayPal: this is done online when the order is placed. It is secured by PayPal and also allows you to make your purchases in complete security.


The order is taken into account at the payment which is stipulated irrevocable, cash, net and without discount. Bains et Nature reserves the right to suspend any order processing and any delivery in the event of a refusal to authorise payment by credit card by officially accredited organisations. In this case, the customer will be notified by email and asked to pay by bank transfer.

Delivery charges and terms

Delivery charges are agreed in addition to the price and indicated on the order form. The customer will always be informed before the final registration of the order of the delivery costs associated with it, and payment will be requested from the customer for the total amount of the purchase.

Thus, the choice and validation of a means of payment by the customer implies that the latter agrees to pay the related delivery costs. Delivery costs cannot therefore constitute a valid reason for questioning the order after it has been definitively registered.



Our sales and prices are ex Paris, France (75016). It is the customer's responsibility to provide all necessary details and any additional information required to locate the delivery address.

You will be delivered within an average of 10 days from the date of receipt of your order form by " Bains & Nature ".



Your parcel will be sent to you by post by Colissimo domicile - Colissimo Points relais - Chronopost domicile - Chronopost Points relais. Colissimo domicile - Relais delivery is free for all orders over €40. Delivery charges are payable by you for all orders of €40 or less.

Delivery costs via Chronopost domicile - Relais are payable by you for orders under and over €40.

These conditions apply to deliveries in mainland France, Corsica and Monaco. We do not deliver outside these geographical areas.

Failure to receive packages

If, on delivery to the address indicated by the Customer, the latter is not present or refuses to accept the parcel, the parcel will be deposited at the nearest Post Office to the Customer's home, where the Customer will be able to collect it for a period of fifteen (15) days, on presentation of the delivery notice deposited by the Post Office in the Customer's letterbox.

At the end of this fifteen (15) day period, the Post Office will return any unclaimed parcel to Bains & Nature.

If a package is returned to the Bains & Nature for a reason attributable to the Customer, such as "unclaimed" or "does not live at the address indicated", the Bains & Nature will inform the Customer by email.  

In this case, with the agreement of the Customer, the parcel will be resent, the costs of resending being borne by the Customer. An e-mail will inform the Customer of the procedure to follow for payment of these delivery costs.

In all other cases, the parcel will be kept by Bains & Nature for sixty (60) days. At the end of this period, Bains & Nature may decide to destroy the returned Products, without prior notice. This destruction does not give the Customer any right to reimbursement, replacement or compensation. The Customer will not be refunded the price of the order nor the delivery costs.

Products

The characteristics of the products offered for sale are presented on the website: http://www.nailmatic.com

Bains et Nature reserves the right to make any changes it deems necessary to its products at any time, and without obligation to modify products previously delivered or ordered, it reserves the right to modify the models in the site descriptions without prior notice.

Right of withdrawal

The Customer has fourteen (14) days from receipt of the products to exercise his right of withdrawal, without having to justify himself or pay any penalty, by writing to the address below:

SAS BAINS & NATURE
4 RUE DES DÉFENSEURS DE VERDUN
94130 NOGENT SUR MARNE
FRANCE
EXERCISE OF THE RIGHT OF WITHDRAWAL

The Customer must inform Bains & Nature, within a period of fourteen (14) days of his decision to withdraw by sending him :


- by any written means (mail, email, fax) expressing its desire to withdraw
- Filling in a withdrawal form and sending it to Bains & Nature. In this case, Bains & Nature will send the Customer an acknowledgement of receipt upon receipt of the withdrawal form.

In the case of an order for several products delivered separately, the Customer has a withdrawal period of fourteen (14) days from receipt of the last product.

The cost of returning the goods is borne by the Customer. These costs are estimated at a maximum of approximately €30.

Bains & Nature will do its best to reply to the Customer as soon as possible.

When the Customer exercises his right of withdrawal, the Customer undertakes to return the Products at the latest, within fourteen days following the communication of his decision to withdraw. Failing this, the right of withdrawal shall have no effect and the sale shall be final.
The Customer must return the Products, clearly indicating the invoice number on the parcel. The Customer must also include a copy of the invoice in the parcel.

It is up to the Customer who exercises his right of withdrawal to provide proof of the return of the goods (presentation of a document provided by the carrier, etc.).

Bains & Nature reserves the right to carry out the necessary checks prior to reimbursement in the event of a discrepancy between the returned Products and the attached invoice or return number.

REFUND OF PRODUCTS

The Customer will be reimbursed for an amount equal to the price of the returned Products minus the shipping costs he paid for the denounced order. The cost of returning the Products, the maximum amount of which is indicated above, remains at the Customer's expense.

This refund will be credited to the bank account from which the payment received by Bains & Nature was issued.

The refund will be made at the latest within fourteen (14) days from the date on which Bains & Nature has been informed of the Customer's decision to cancel, subject to the Customer providing proof of the actual shipment of the products. Bains & Nature will reimburse the Customer using the same means of payment as the one used by the Customer to validate the order, unless the Customer expressly agrees to the reimbursement of the amount by another means of payment and insofar as the reimbursement does not incur any costs for the Customer.

Liability

Bains & Nature cannot be held responsible for the non-execution of the contract in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike of postal services and means of transport and / or communications. Bains & Nature will not be held responsible for any indirect damage, operating loss, loss of profit, loss of opportunity, damage or costs.

Bains & Nature reminds you that in application of article 1124 of the French Civil Code, non-emancipated minors are incapable of contracting. Consequently, orders intended for minors must be placed by parental authority. In the event of accidental collection of nominative data relating to a minor, the parental authority has the capacity to oppose their conservation and/or transmission to third parties.



Bains & Nature may not be held liable for any inconvenience or damage relating to the use of the Internet, such as a break in service, the presence of computer viruses or external intrusions, and more generally for any event qualified by the courts as force majeure or third party action. Similarly, the company may not be held liable for the content of sites to which hypertext links may lead from the www.nailmatic.fr site. In the event of a dispute, the customer must first contact Bains & Nature to find an amicable solution.

Consumer service

For all information :
Mail to: service.clients@nailmatic.com
Telephone 01.49.38.00.96 :

- Monday 14h-18h
- Tuesday to Friday: 9am-12.30pm and 2pm-6pm

By post to

SAS Bains & Nature
4 RUE DES DÉFENSEURS DE VERDUN
94130 NOGENT SUR MARNE
FRANCE

Entire

In the event that one of the clauses of this contract is null and void due to a change in legislation, regulations, a court decision, contravention of mandatory provisions or for any other reason, this will in no way affect the validity and compliance with these general conditions of sale.

Confidentiality

We guarantee the confidentiality of the personal information entered. In accordance with the French law "Information et libertés" n∞78-17 of 6 January 1978, you have the right to access and rectify data concerning you. You can exercise this right by sending us a letter to the following address

SAS Bains & Nature
4 RUE DES DÉFENSEURS DE VERDUN
94130 NOGENT SUR MARNE
FRANCE



Or by email to: service.clients@nailmatic.com

Intellectual property rights

In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this website and all elements, trademarks, designs, models, logos, graphics, etc.... found on this website as well as their compilation are the exclusive property of Bains & Nature or its suppliers, the latter not granting any licence or any other right than that of consulting the website.



The reproduction or use of all or part of these elements is authorised solely for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes an infringement and is punishable under Intellectual Property law, unless prior written authorisation has been obtained from Bains & Nature.

Applicable texts - Jurisdiction

This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have exclusive jurisdiction.

Nevertheless, in the event of a dispute, the Customer will have the option of seeking an amicable solution to resolve the dispute before taking any legal action. The Customer may then contact the Customer Service department, whose contact details are given in the "CONSUMER SERVICE" article.

In the event of failure to resolve a complaint made to the customer service department, the Customer may, before taking any legal action and in accordance with article L.612-1 of the French Consumer Code, have recourse free of charge to the mediation service.

The CMAP (Centre de Médiation et d'Arbitrage de Paris - Paris Mediation and Arbitration Centre) may be approached by the consumer with a request for mediation, subject to the conditions
set out below in article 3.

The consumer must refer the matter to the CMAP either :


- Via the form available on the CMAP website at www.mediateur-conso.cmap.fr,

- By e-mail to consommation@cmap.fr,

- By post to CMAP - Service Médiation de la consommation, 39 avenue Franklin
Roosevelt, 75008 Paris).

In the absence of a prior amicable settlement between Bains & Nature and the Customer, all disputes arising from the relationship between the Customer and Bains & Nature will be submitted to the competent courts.