GENERAL TERMS AND CONDITIONS OF SALE
Application of the general sales conditions:
delivery time and cost for an order under 180 €.
these general conditions of sale apply to all sales of nitto knitwear products to consumers via the www.nittoknitwear.com website.
the order by the customer implies acceptance of the entirety of these general conditions of sale, which prevail over all other general conditions of sale unless expressly accepted by the seller.
Article 1. The order:
the articles visible on the site are available while stocks last. in the event of debit or collection of an order for an unavailable article, nitto knitwear undertakes to offer a credit note or to reimburse the customer within 14 days. nitto knitwear undertakes to inform the customer who has placed an order for an unavailable article by e-mail.
nitto knitwear reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order or in the event of a payment and order error that may result from an error.
all orders made with a coupon or promotion will not be exchangeable or refundable.
Article 2. Price and payment :
the prices applicable to orders are those presented on the site www.nittoknitwear.com at the time of the order. the prices are indicated inclusive of tax, exclusive of delivery costs, and governed by French legislation. the prices may be modified at any time by the seller, without prior notice, and in particular in the event of a change in fiscal or economic data.
the items ordered must be paid for in euros and online. the bank charges incurred by the payment are to be paid by the customer.
The delivered goods remain the property of the seller until full payment.
online payment is made by credit card or by using a paypal payment account.
the secure platform offered in the context of the online shop is paypal. payment by paypal complies with bank card regulations concerning distance selling and remote payment. it also complies with the regulations of the accepted card networks.
Article 3. Invoice :
the invoice is sent to the customer at the address indicated at the time of the order. the price is that in force at the time of the order by the customer. nitto knitwear accepts no responsibility for any errors in the customer's information when ordering.
Article 4. Delivery and transport:
the articles are delivered within 4 to 5 working days from the date of the order throughout metropolitan france. this period is given as an indication and may vary according to the availability of the articles.
exceeding this time limit may in no case be held against nitto knitwear, nor may it give rise to termination of the contract or any compensation for damages. after a period of one month from the date of the order, nitto knitwear will proceed to reimburse the undelivered goods by cheque or bank transfer. packages are delivered by post or by an express carrier to the address indicated at the time of the order. as such, nitto knitwear is not able to guarantee a precise time of delivery.
The transfer of risk takes place at the time of delivery of the goods.
nitto knitwear shall not be held liable in the event of non-performance of the contract as a result of force majeure, including, but not limited to, war, riot, insurrection, interruption of transport, import problems, strike, shortage, fire, earthquake, storm, flood.
delivery time and cost for an order of more than 180 €.
delivery charges | delivery times | |
---|---|---|
France | offert | 4 - 5 days |
overseas | 10€ | 5 - 7 days |
europe and suisse | 10€ | 2 - 3 days |
other Countries | 25€ | 7 days |
delivery time and cost for an order under 180 €.
delivery charges | delivery times | |
---|---|---|
France | 6€ | 4 - 5 days |
overseas | 10€ | 5 - 7 days |
europe and suisse | 10€ | 2 - 3 days |
Other Countries | 25€ | 7 - 30 days |
Article 5: Legal guarantees :
5.1 legal guarantee of conformity and guarantee against hidden defects
the products are covered by the legal guarantee of conformity (article l 211-4 et seq. of the consumer code) and the guarantee of hidden defects (article 1641 et seq. of the civil code). any guarantee is excluded in the event of external damage or damage resulting from improper use, non-conforming use, negligence or lack of maintenance by the customer, as well as in the event of normal wear and tear.
- article l211-4 of the consumer code the seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery (...). - article l211-5 of the consumer code to be in conformity with the contract, the goods must: 1º be suitable for the use usually expected of similar goods and, where applicable : correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2º or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter
article l211.7 code de la consommation defects of conformity that appear within six months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. the seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged defect of conformity. article l211-9 code de la consommation in the event of a defect of conformity, the buyer shall choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. the seller is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer. article l211.10 consumer code if repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. the same option is offered to him: 1° if the solution requested, proposed or agreed upon pursuant to article l.211-9 1° if the solution requested, proposed or agreed upon pursuant to article l.211-9 cannot be implemented within one month of the buyer's complaint; 2° or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.
the cancellation of the sale cannot however be pronounced if the lack of conformity is minor. article l211-12 code de la consommation the action resulting from the lack of conformity is prescribed by two years as from the delivery of the good. article l211-13 code de la consommation the provisions of the present section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects such as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognised to him by the law.
article 1641 of the civil code: the seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them. article 1648 paragraph 1 of the civil code: the action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. the guarantor of the defects of the thing sold is sas mbtjm, whose registered office is located at 45 rue de la porte de trivaux, 92140 clamart, france. when acting under the 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 provided for in article l. 211-9 of the consumer code, and is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods. the legal guarantee of conformity applies independently of any commercial guarantee that may be granted. the customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code and may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the civil code. 5.2 return and refund procedures for defective or non-conforming products the customer requesting the benefit of the legal guarantee of conformity or hidden defects must then return the article within the aforementioned time limits to nitto knitwear accompanied by an explanatory letter. in the event of the return of a defective or non-conforming product, after nitto knitwear has established the defect or non-conformity of the product, nitto knitwear will reimburse the customer for the price of the article(s) concerned, the return costs, and, in the event of the return of the entire order, the shipping costs.
Article 6. Right of withdrawal:
in accordance with the provisions of article l.121-21 of the consumer code, the customer has a period of 14 days to exercise his right of withdrawal without having to justify his reasons. the starting point of the period is the day of receipt of the order by the customer or by the third party designated by him. if the period of 14 days expires on a saturday, sunday or public holiday, it is extended until the first following working day. to exercise the right of withdrawal, the customer must notify nitto knitwear of his decision to withdraw before the expiry of the period by means of an unambiguous statement such as an e-mail specifying the following elements: name, address, telephone number, order number, reference, type of article, price and quantities.
in any case, the customer must return to nitto knitwear, without undue delay and at the latest within 14 days of the communication of his decision to withdraw, the article(s) which are the object of the right of withdrawal. in the event of the implementation of the right of withdrawal, nitto knitwear will reimburse the customer for the price of the article(s) concerned. reimbursement will take place within 14 days of the date on which nitto knitwear was informed by the customer of his decision to withdraw. in any case, this reimbursement cannot take place before nitto knitwear recovers the article(s) subject to the customer's withdrawal or provides proof of return of the latter. the reimbursement will be made according to the means of payment for the returned order, unless the customer agrees with nitto knitwear on a different means. the reimbursement cannot take place if the article concerned has suffered a depreciation resulting from handling other than that necessary to establish its nature, characteristics or conformity.
returns are offered from metropolitan france (including corsica and monaco), via colissimo (label valid for 7 days). size exchange only is also possible via the returns procedure above. if the customer does not wish to use the prepaid colissimo service or if he/she returns from the french overseas departments and territories or from another country than those mentioned above, he/she will have to return the product(s) at his/her own expense, except in the case where he/she would have received a product with a manufacturing defect or not corresponding to the customer's initial order. in this case, the customer will have to contact the customer service at info@nittoknitwear.com to obtain a prepaid return voucher
the return is at the customer's risk. the product must be returned in its original packaging, in its original condition, new, unworn, unwashed, accompanied if possible by the delivery note received with the order.
please send your return to the following address
sas mbtjm
45 rue de la porte de trivaux
92140 clamart, france
if the customer does not respect the present conditions, in particular the conditions of return, nitto knitwear will not be able to proceed with the reimbursement or issue a credit note for the products concerned.