GENERAL TERMS AND CONDITIONS OF SALE NICOSWITCH - Consumer Customers
Applicable from December 17, 2024
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Definitions
The terms used in this document in the singular and/or plural have the following definitions:
- " GTC " refers to these general terms and conditions of sale.
- "Customer " means any non-trading natural person, aged at least 18 years, acting for his personal and non-professional needs or any legal entity acting for purposes that do not fall within the scope of its commercial, industrial, craft, liberal or agricultural activity and placing an order for Products with NICOSWITCH.
- "Special Conditions " means any specific contractual provisions agreed between the Parties, such as order acknowledgements.
- "Contract" means both the General Terms and Conditions and the Special Terms and Conditions.
- " NICOSWITCH " refers to the simplified joint stock company NICOSWITCH with a capital of 500,000 euros, registered under number RCS 511581795 Brive-la-Gaillarde, whose registered office is located at 24 Boulevard Henri De Jouvenel 19100 BRIVE-LA-GAILLARDE. Intracommunity VAT number: FR48511581795 : IDU number: FR215018_01XKOS Packaging and graphic paper sector. Certifications: Origine France Garantie Certifié / 86773.1, AFNOR Certification Code titulaire : 002.
- " Parties " means together or separately the Customer and NICOSWITCH.
- " Products " means the refill bottles of electronic cigarette liquid and/or nicotine manufactured and pouches and more generally all products sold by NICOSWITCH on the Websites.
- " Websites " refers to the two merchant sites operated by NICOSWITCH accessible at the following addresses: dlice.fr and nicopouches.fr.
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General provisions
The purpose of these General Terms and Conditions of Sale (hereinafter "GTCS") is to define the rights and obligations of the Parties in connection with the distance selling of products by NICOSWITCH to its Customers.
Only customers who are consumers within the meaning of French law and jurisprudence, acting exclusively on their own behalf and domiciled in France, may avail themselves, where applicable, of the special provisions of consumer law in addition to the rules of ordinary law.
In accordance with the provisions of Article L.3513-5 of the French Public Health Code, NICOSWITCH undertakes not to sell its Products to minors under the age of eighteen.
By placing an order with NICOSWITCH, the Customer expressly accepts these GTC in their entirety and without reservation and declares that he has understood them. No special terms or conditions shall prevail over these General Terms and Conditions of Sale unless expressly accepted in writing by NICOSWITCH.
NICOSWITCH reserves the right to modify one or more clauses of these GTC and to inform the Customer by any means. The Customer is deemed to accept the latest version of the GTC. The applicable GTC shall be those in force on the date of the Customer's order.
NICOSWITCH's failure to enforce any provision of these GTC at any time shall not be construed by the Customer as a waiver of NICOSWITCH's right to enforce such provision at a later time.
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Products
The Products covered by the GCS are electronic cigarettes, e-liquids and accessories related to these Products.
The essential characteristics of the Products (description, composition) and their price are indicated on the Product sheets on the Website before any purchase by the Customer.
NICOSWITCH will use its best efforts to ensure that the photographic representation of the Products on the Website is as faithful as possible to the Products themselves; however, in view of the digital presentation of the Products on the Website, NICOSWITCH does not guarantee that the Customer's perception of the photographic representation and any visual of the Products corresponds exactly to the Product itself.
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Product availability
Product offers are only valid for the duration of their presentation on the Website, subject to availability. Indeed, at the time of validation of the order, there may be a difference between the stock available electronically and the existing physical stock (for example in the case of simultaneous orders of the same product by several customers). Sales are therefore subject to the availability of Products in stock.
In the event that a Product is unavailable after the Customer has placed an order, NICOSWITCH will inform the Customer by e-mail as soon as possible, offering the Customer either :
- reimburse the Customer no later than fourteen days following the date on which the Customer informs us of his/her wish to be reimbursed for the unavailable Product;
- to postpone the delivery date while waiting for the restocking of this Product when it is possible;
- replace the Product with another of equivalent quality and price.
Fulfillment of orders is conditioned by the availability of raw materials (notably flavors) for Products from suppliers who themselves are sometimes affected by supply difficulties.
No liability or penalty may be applied by the Customer for Products being out of stock.
NICOSWITCH reserves the right to change the quantities ordered and/or delivered, to delay delivery, to suspend orders and/or deliveries or to make partial deliveries in the event of insufficient production or in the event of force majeure. The customer will be informed of any such changes as soon as possible.
Furthermore, NICOSWITCH reserves the right to cancel an order, without entitling the Customer to claim compensation before the foreseeable dispatch date, in the event of events affecting available stocks (supply or production difficulties, quality controls, etc.).
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Controls
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Placing orders on the Website
Upon entering the Websites, the Customer declares that he/she is of legal age. The Customer remains solely responsible for the accuracy of the information transmitted to NICOSWITCH in this respect and in connection with the placing of his/her order.
Orders are placed via one of the Websites by adding the desired Products to the shopping basket.
The creation of an online account is mandatory to place an order. Customers can only place orders with NICOSWITCH after logging into their account, which they can only access by entering their strictly personal access codes.
The order process is as follows:
- The Customer identifies himself by creating an account through a form to be filled in containing the following compulsory information: title, surname, first name, e-mail address of the Customer, Password, date of birth or, if the account has already been created, the Customer must enter his Identifier and Password in the spaces provided for this purpose;
- the Customer selects the Products of his/her choice on the Website and can view his/her basket, the contents of which can be modified by a simple click;
- the Customer then enters the billing address and the delivery address of the Products before choosing the delivery method he/she wishes from among the options proposed on the Website;
- The order summary is updated according to the delivery method chosen and the associated additional costs;
- the customer selects the method of payment (credit card, cheque, bank transfer or Paypal) and accepts the terms and conditions of sale by clicking on a checkbox located near a hypertext link to the terms and conditions of sale;
- the Customer can check and modify his Order before entering his bank details;
- the Customer clicks on the "Pay by Credit Card" or "Pay by Cheque" or "Pay by Bank Transfer" or "Pay by Paypal" button to validate the Order.
Once the Order has been validated, it cannot be modified.
Confirmation of the Order may be viewed by the Customer directly online and will be sent to the Customer by e-mail to the e-mail address indicated in the Customer's registration form, with :
- a copy of the General Terms and Conditions,
- a retraction form.
This confirmation of the Order will acknowledge receipt of the Order.
The Customer will also have access to the Product(s) ordered by logging into his account with his Username and Password.
Orders only become firm and definitive when NICOSWITCH sends an electronic acknowledgement of receipt of the order by e-mail, after online acceptance of these GTC and receipt of payment.
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Modifying an order
No cancellation or modification by the Customer will be possible after the Order has been validated, unless NICOSWITCH has given its prior written consent or the Customer has exercised the right of withdrawal referred to in Article 8 of the General Terms and Conditions.
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Pricing conditions
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Price
Products are sold at the prices in force at the time the Order is placed. The unit price of each Product is indicated in Euros and does not include shipping and transportation costs, which are invoiced in addition.
Any tax (including VAT), duty or other service payable in application of French regulations, or those of an importing or transit country, shall be borne by the Customer.
Prices are based on the prevailing economic conditions (raw materials, economic and social impact, etc.) on the day the Order is issued. NICOSWITCH expressly reserves the right to revise its prices at any time in order to take into account variations in the elements constituting its cost prices. Prices thus revised shall apply to all new Orders.
Prior to the final validation of the Order, the Customer will have access to the total amount of his Order, the price of which will be displayed inclusive of all taxes, including delivery costs.
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Billing and payment terms
The price is payable in cash and payment is immediate after validation of the Order, except in the case of payment by cheque. The price invoiced will be that in force at the time of the order. At no time may the sums paid be considered as deposits or advance payments.
Payment can be made either :
- by credit card on the website of NICOSWITCH's financial partner,
- by cheque,
- by paypal,
- by bank transfer.
The amount of the order will be debited at the time of order confirmation.
Orders paid by cheque will not be definitively validated until NICOSWITCH has received the cheque.
All Orders imply a prior obligation to pay.
As Product(s) Orders require Internet access, the prices indicated do not include the cost of the Internet connection, which remains the responsibility of the Customer.
As part of the fight against Internet fraud, information relating to the Customer's order may be transmitted to any third party authorized by law or designated by NICOSWITCH for the sole purpose of verifying the Customer's identity, the validity of the order, the method of payment used and the intended delivery, within the limits of the Customer's rights with regard to the processing of his personal data as set out in the "Privacy Policy" section.
In the event of non-payment of a due date, NICOSWITCH shall be entitled to invoke the retention of title clause set forth in Article 12 hereof. NICOSWITCH retains full ownership of the products sold until full payment of all sums due under the Customer's order.
As soon as payment has been confirmed, the Customer receives confirmation of the order by e-mail, together with the invoice.
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Transport and delivery
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Terms of delivery
Deliveries are made exclusively in mainland France to the delivery address indicated by the Customer during the Order process.
Delivery methods, delivery restrictions and delivery costs are indicated during the Order process.
Deliveries are made, at the customer's option:
- via Chronopost (Monday to Saturday), or
- via Colissimo (Monday to Saturday).
Transport risks are borne by the customer.
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Delivery time
The Products will be delivered within an estimated period of 5 working days from receipt of the Order confirmation by the Customer, unless otherwise specified by NICOSWITCH at the latest when the Order is registered, and according to the mode of Transport of the Products selected by the Customer.
If the Customer is absent when the Products are delivered to the address indicated by the Customer during the Order process, a delivery notice will be left at this address, and the Customer will be able to collect the parcel at the address indicated on this notice.
It is the Customer's responsibility to provide accurate and sufficiently precise contact information when placing an Order, to avoid any delivery errors or loss of the parcel.
NICOSWITCH shall not be liable for any error by the Customer concerning this information and resulting in a delay in delivery or loss of the package.
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Delivery delay
Delivery times are always given as an indication. Exceeding the stated delivery times may not give rise to penalties, damages, deductions or cancellation of orders in progress. Furthermore, NICOSWITCH cannot be held responsible for delays in the event of unavailability of Products in accordance with Article 4 or in the event of force majeure. NICOSWITCH undertakes to inform the Customer of any unavailability of the Products, whether temporary or permanent, such unavailability rendering any delivery period moot.
In the event of late Delivery, the Order is not automatically cancelled.
Delays in Delivery exceeding seven (7) working days from the Delivery date indicated by NICOSWITCH during the Order process, and not due to force majeure, entitle the Customer to cancel his Order by sending his request to NICOSWITCH - taking care to communicate his Order number - by :
- e-mail to the following address: contact@dlice.fr ;
- by post to the following address Nicoswitch - D'LICE 5, Rue Raymond Siorat ZAC Brive Ouest 19100 BRIVE LA GAILLARDE.
The Customer will be reimbursed for the full price of the Order within 14 working days following the cancellation of the Order, to the exclusion of any compensation.
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Delivery and conformity of Products
Delivery is deemed to have taken place as soon as the Product has been made available to the Customer by the carrier.
Upon delivery of the Products, the Customer must check the condition of the package containing the Products and express any reservations he/she deems justified, or refuse the package if :
- said package appears to be damaged,
- said package appears to have been opened.
The Customer must address his reservations to the carrier by registered letter with acknowledgement of receipt within three (3) working days following Delivery of the Products; the Customer shall inform NICOSWITCH of these reservations and claims - relating in particular to non-conformity or the presence of apparent defects affecting the Products delivered - in writing by transmitting a copy of the registered letter with acknowledgement of receipt addressed to the carrier to the following postal address: NICOSWITCH - D'LICE 5, Rue Raymond Siorat ZAC Brive Ouest 19100 BRIVE LA GAILLARDE and/or by e-mail to the following address: contact@nicoswitch.fr within fourteen days of receipt of the Products.
In accordance with article L. 224-65 of the French Consumer Code, when the Customer personally takes delivery of the transported products and when the carrier does not justify having given him the opportunity to effectively check their good condition, the above-mentioned period is extended to ten (10) days.
The Customer must provide NICOSWITCH with proof of the defects or anomalies observed, in particular by sending NICOSWITCH a photocopy of the letter of reservation sent to the carrier and a photocopy of the delivery note mentioning the reservations. It is expressly agreed that statements such as "subject to inspection upon unpacking" do not constitute a reservation within the meaning of this article.
Under the conditions referred to in Article 9 of the GTC, the Products will be returned to NICOSWITCH at NICOSWITCH's expense for exchange or reimbursement, provided that the Products are returned, with NICOSWITCH's prior consent, in their original packaging.
The risks relating to the Products shall be borne by the Customer as from the time they are physically taken possession of by the Customer or by a third party designated by the Customer; exceptionally, the risks relating to the Products shall be borne by the Customer as from the time they are handed over to the carrier, in the event that the carrier has been chosen by the Customer and outside the modes of transport offered by NICOSWITCH.
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Right of withdrawal
The customer has a legal right of withdrawal which he may exercise under the conditions set out in articles L221-18 and L221-20 of the French Consumer Code, if he meets the conditions laid down by these provisions, without having to justify his decision or pay any penalties.
To exercise his right of withdrawal, the Customer must notify - within 14 days of receipt of the Product - his intention to withdraw by means of an unambiguous statement expressing his wish to withdraw or the withdrawal form accessible via the contact form.
- by e-mail to the following address: contact@nicoswitch.fr;
- by post to the following address: Nicoswitch 24, boulevard Henri de Jouvenel 19100 BRIVE LA GAILLARDE.
Once the legal 14-day period has elapsed, the customer may no longer exercise his right of withdrawal.
The Customer must return the Product which is the object of the retraction within fourteen (14) days following the communication of his decision to retract to the following postal address: société Nicoswitch - D'LICE 5, Rue Raymond Siorat ZAC Brive Ouest 19100 BRIVE LA GAILLARDE.
The Product must be returned to NICOSWITCH :
- in its original packaging in perfect condition for resale (undamaged),
- together with the sales invoice identify the Customer.
The cost of returning the Products shall be borne by the Customer; however, in the event that the Customer exercises his right of withdrawal in respect of Products replacing the unavailable Products initially ordered under the conditions referred to in Article 4, the cost of returning the Products shall be borne by NICOSWITCH.
Returned Products will be reimbursed in the amount of the purchase price of the Products and the delivery costs, with the exception of any additional costs associated with the return of the Products, which will remain at the Customer's expense.
This reimbursement will be made within fourteen (14) days from the date on which NICOSWITCH was informed of the Customer's decision to withdraw and provided that the Products have been received by NICOSWITCH within this same period, in perfect condition and in their original packaging.
This refund period is in any event deferred until NICOSWITCH has recovered the Products.
The refund will be made by NICOSWITCH using the same means of payment that the Customer used to place the Order.
A retraction form is available in the appendix to these General Terms and Conditions of Sale.
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Legal warranties
Products sold by NICOSWITCH are subject to the legal warranties set forth in Articles L217-4 to L217-14 of the French Consumer Code and Articles 1641 to 1648 of the French Civil Code, to the exclusion of all other warranties:
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Legal warranty of conformity (L217-4 to L217-14 of the French Consumer Code) :
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NICOSWITCH shall deliver to the Customer a Product that conforms to the contract and is free from defects in conformity at the time the Product is delivered, in the sense that the Product will be fit for the purpose usually expected of a similar good and will have the characteristics described at the time of sale. NICOSWITCH shall also be liable for any lack of conformity resulting from packaging, assembly instructions or installation when NICOSWITCH is responsible for such under the terms of the contract or for which it is responsible. This warranty will only apply if the customer requests it within two years of delivery of the goods. Defects of conformity which appear within twenty-four (24) months of delivery are presumed to have existed at the time of delivery, unless proven otherwise.
The Customer may choose between repairing or replacing the Product, unless one of these options is impossible or would entail a manifestly disproportionate cost for NICOSWITCH, in which case NICOSWITCH may choose the other solution. Furthermore, in the event of a serious lack of conformity, the Customer may obtain a refund of the price paid and return the Product or keep the Product and obtain a partial refund of the price. The repair, replacement or refund of the Product will be free of charge for the Customer and does not preclude the possible award of damages should the Customer be entitled thereto.
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Legal warranty against hidden defects (art. 1641 to 1648 of the French Civil Code) :
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NICOSWITCH shall deliver to the Customer a Product free from latent defects which would render it unfit for its intended use, or which impair such use to such an extent that the Customer would not have purchased it, or would only have paid a lesser price for it, had he been aware of them. This warranty will only apply if the Customer requests it within two (2) years of the discovery of the defect, and in any case within five (5) years of the date of purchase.
In the event of a latent defect, the Customer will have the choice of returning the Product and obtaining a refund of the price and costs incurred by the sale, or keeping the Product and obtaining a partial refund of the price. In all cases, it is the Customer's responsibility to prove that he/she meets the warranty conditions.
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Warranty and after-sales service :
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In the event of a lack of conformity or latent defect affecting the Product, and without prejudice to the Customer's right of withdrawal, the Customer must notify NICOSWITCH of the defect or latent defect in detail by e-mail to the following address: contact@nicoswitch.fr and send the Product to the following postal address: NICOSWITCH - D'LICE 5, Rue Raymond Siorat ZAC Brive Ouest 19100 BRIVE LA GAILLARDE, together with the sales invoice identifying the Customer.
Products which have been handled by the Customer or by a third party in a manner incompatible with the usual use and/or purpose of the Product are not covered by the legal warranties.
In cases where a lack of conformity or a latent defect affecting the Product is proven and not due to the Customer's fault, the Customer may obtain reimbursement within 30 days of receipt of the complaint by NICOSWITCH.
The Customer will be reimbursed for the initial and return shipping costs (excluding any additional costs resulting from the fact that the Customer may have chosen a more expensive shipping or delivery method than the one offered by NICOSWITCH).
For all inquiries, the Customer may contact Nicoswitch's customer relations department:
- by post to the following address: Nicoswitch 24, boulevard Henri de Jouvenel 19100 BRIVE LA GAILLARDE;
- by e-mail to the following address: contact@nicoswitch.fr;
- by telephone on 05.55.17.29.99.
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Liability
By placing an Order online, the Customer acknowledges and accepts the characteristics and limitations of the Internet. NICOSWITCH may not be held liable in particular with regard to :
- technical performance or malfunctions ;
- response times for consulting, querying or transferring information ;
- service interruptions due to the characteristics and limitations of the Internet network;
- the lack of protection of certain data against misappropriation, intrusion, and the risk of contamination by viruses circulating on the network, and piracy of the Customer's data.
Customers are responsible for taking all appropriate measures to protect their own data, programs and files.
NICOSWITCH shall not be liable for any damages that may result from the aforementioned risks, such as loss of data or damage to computer equipment.
NICOSWITCH shall also not be held liable :
- failure to receive the Customer's Order data for any reason whatsoever (e.g. Internet connection problems);
- the receipt of incomplete, illegible or unprocessable data relating to the Customer's Order.
Websites outside the NICOSWITCH Website that are linked to the NICOSWITCH Website are not under the control of NICOSWITCH, which declines all responsibility for their content.
If NICOSWITCH is held liable as a result of a fault on its part, compensation shall apply only to the direct, personal and certain damage suffered by the Customer.
NICOSWITCH disclaims all liability resulting from the Customer's choice of products, any modifications made to the products or any failure to comply with the recommendations for use of the products.
Please note that NICOSWITCH is not the producer, within the meaning of articles 1245 et seq. of the French Civil Code, of the products marketed via the Site. Consequently, NICOSWITCH cannot be held liable for any damage caused to property and/or persons due to a defect in the products within the meaning of the aforementioned articles. The Customer wishing to obtain compensation for such damage must therefore seek the liability of the supplier concerned.
NICOSWITCH cannot be held liable for the unavailability and/or interruption of the Websites.
To the extent permitted by law, should NICOSWITCH be held liable, the total amount of compensation that NICOSWITCH may be required to pay to the Customer shall not exceed the sales price of the Products concerned.
NICOSWITCH will only pay compensation upon presentation by the Customer of the corresponding invoice for the products.
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Precautions for use
Please note that the products sold on the Site must be used with care. It is imperative to read the instructions supplied with the Products before using them. If a safety data sheet is not available, the Customer may request one from NICOSWITCH. E-liquids may contain propylene glycol, vegetable glycerine, nicotine and flavorings.
As no official scientific studies have been carried out on the side effects that may be associated with the absorption of this substance, the Customer acknowledges that he/she uses this product at his/her own risk. NICOSWITCH cannot be held responsible for damages of any kind, whether material, immaterial or bodily, resulting from the use of products that do not comply with their instructions for use or their safety data sheets.
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Retention of title - Transfer of risk
The Products are sold subject to retention of title: the transfer of title is subject to full payment of the price in principal and accessories, on the agreed due date, by the Customer, notwithstanding the transfer of risks on the date of receipt of the Products by the Customer. Full payment of the price is understood to mean the actual receipt by NICOSWITCH of the sums owed by the Customer. In the event of failure to pay the price in full or in part by the due date, for whatever reason, NICOSWITCH shall be entitled to demand the return of the Products of which it has retained ownership. The return of unpaid Products shall be due by the defaulting Customer at its own expense and risk, upon simple formal notice by NICOSWITCH by registered letter with acknowledgement of receipt. In the event that NICOSWITCH has to reclaim the Products, it will be exempted from returning the advance payments received on the price insofar as they can be offset against the damages owed by the Customer (for costs of return or repair). The Customer shall also bear any legal and judicial costs.
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Product regulations - Storage conditions
NICOSWITCH guarantees that the Products comply with French regulations in force at the time of delivery. By their nature, Products are subject to specific regulations.
Products must be stored in a dry place, away from heat and light, in compliance with storage conditions. A Minimum Durability Date (MDD) on Product packaging indicates the period of full taste quality of our Products and their component flavors. Customers are solely responsible for the management and rotation of their stocks of Products after delivery. NICOSWITCH does not take back Products whose MDD has been exceeded.
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Force majeure
NICOSWITCH reserves the right to cancel the sale in whole or in part in the event of force majeure or events likely to stop or reduce the manufacture or transport of the Products, or to prevent the normal performance of the contract, as well as in the event of a change in the debtor's situation involving NICOSWITCH's claims for any reason whatsoever. In particular, the following events shall be considered as force majeure discharging NICOSWITCH from our obligation to deliver: war (present or future), riot, fire, bad weather, drought, strikes, accidents, inability to obtain supplies, shortage of raw materials, operating accidents, transport blockage, interruption or delay, pandemics, health crises, emergency legislation or decisions, as well as any confinement or requisition measures. In the event of a legal settlement, this resolution will take effect automatically and without formality if the Products have not yet been delivered.
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Intellectual property
NICOSWITCH is the exclusive owner of all Intellectual Property Rights relating to the Products and to the structure and content of the Website unless expressly stated otherwise.
The sale of the Products does not imply any transfer to the Customer of the Intellectual Property Rights attached to the Products, which are the exclusive property of NICOSWITCH.
Any reproduction, exploitation, distribution or use for any purpose whatsoever, even partial, of all or part of the Intellectual Property Rights attached to :
- to NICOSWITCH Products,
- the structure and content of the NICOSWITCH Website,
- without the express prior consent of NICOSWITCH shall render offenders liable to prosecution.
These actions are likely to constitute an infringement of Intellectual Property Rights within the meaning of articles L. 335-2 et seq., articles L.515-1 et seq., L.521-1 et seq., articles L.615-1 et seq., articles L.615-12 et seq. and articles L. 716-1 et seq. of the French Intellectual Property Code.
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Applicable law
All of the present General Terms and Conditions of Sale and the sales resulting from them are governed by French law. The language of the present contract and of the relations between the parties is French.
Nevertheless, in the case of deliveries outside France, the Customer is advised that French law applies subject to the mandatory provisions of the law of the country in which he has his habitual residence.
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Nullity of a clause
The nullity of a clause of the GTCS does not entail the nullity of the GTCS as a whole.
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Protection of personal data
NICOSWITCH may be required to collect the Customer's personal data in the course of fulfilling orders within the meaning of Regulation (EU) 2016/679 of the European Parliament of April 27, 2016 and Law n°78-17 of January 6, 1978 amended by Ordinance n°2018-1125 of December 12, 2018. This data will be processed by NICOSWITCH, in its capacity as data controller, and will be collected for the sole purpose of managing and tracking orders and the resulting contracts. The legal basis for processing is the contract. This data will be kept for the duration of the contractual relationship, plus any applicable legal requirements. This data will be transmitted exclusively to persons who need to know it, i.e. NICOSWITCH employees and any subcontractors, chartered accountants, legal advisors and authorities, and any potential auditors, purchasers/investors of NICOSWITCH. Data is stored on NICOSWITCH servers and is not transferred outside the European Union. All persons are reminded that, in accordance with the law, they have the right to query, access, rectify and delete their data, the right to portability, the right to limit processing and the right to object to the processing of their data for legitimate reasons. Individuals whose data is collected also have the right to define directives concerning the fate of their data after their death. Such persons may exercise their rights and/or obtain further information about their rights by contacting NICOSWITCH's DPO by e-mail at the following address: rgpd@nicoswitch.fr. The privacy policy can be accessed via the following link: https://nicoswitch.fr/politique-de-confidentialite/. In the event of a dispute, any person may lodge a complaint with the CNIL, whose contact details can be found at the following address: https: //www.cnil.fr.
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Dispute resolution - Mediation
In the event of a dispute, in particular concerning the interpretation or execution of the GTC, it is agreed that the Customer and NICOSWITCH will consult each other in order to reach an amicable agreement.
To this end, NICOSWITCH provides customers with a customer service department that can be reached at :
- by e-mail to the following address: contact@nicoswitch.fr
- by post to the following address: Nicoswitch 24, boulevard Henri de Jouvenel 19100 BRIVE LA GAILLARDE
- by telephone: 05.55.17.29.99.
In the absence of a direct amicable agreement with NICOSWITCH's customer service, or in the absence of a response from this service within a reasonable period of time, the Customer may submit the dispute free of charge to an external mediator, by sending his request for amicable settlement of the dispute to the mediation service :
The FEVAD (Fédération du e-commerce et de la vente à distance) e-commerce ombudsman service, whose contact details are as follows:
60 Rue La Boétie - 75008 Paris
http://www.mediateurfevad.fr
In accordance with article L.612-2 of the French Consumer Code, a dispute cannot be examined by the Consumer Mediator when :
- the Customer does not justify having previously attempted to resolve the dispute directly with NICOSWITCH by means of a written complaint;
- the customer's request is manifestly unfounded or abusive;
- the customer's request has been previously examined or is being examined by another mediator or by a court;
- the Customer lodged his claim with the mediator more than one year after his written complaint to NICOSWITCH.
- the dispute does not fall within the mediator's jurisdiction.
The Customer remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
In addition, NICOSWITCH informs the Customer of the existence of the online dispute resolution platform set up by the European Commission and of the possibility of using it in the event of a dispute in connection with this contract.
This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/
Failing amicable resolution, any dispute or litigation concerning the interpretation and/or performance of the GTCS shall be brought, at the option of the plaintiff (NICOSWITCH or the Customer), before the court of the defendant's place of domicile, or of the place of actual delivery of the Product.