OWNERSHIP AND EDITORIAL RESPONSIBILITY
The present site, accessible at the address www.nellyrodilab.com, is the property of The Publisher.
It is published by The Publisher, Trendlab S.A.S, a Private Limited Share Company with a capital of 250,000.00 euros, whose head office is located at 43, rue Ganneron / 28, avenue de Saint Ouen, 75018 Paris, registered in the Trade and Companies Register under the number B 450 582 853. Tel: 01 42 93 04 06.
The publication director of this Web site is Mr. Pierre-François Le Louët in his capacity as legal representative of The Publisher.
The company hosting the site is 1&1
LAW OF DATA PROTECTION AND LIBERTIES
In conformity with the provisions of the French law n°78-17 of 6 January 1978 known as the Law of Data Protection and Liberties, the automated processing of data of a personal nature (or personal information) carried out by the Web site www.nellyrodilab.com within the context of user subscription to services offered by this site has been the subject of a prior declaration before the CNIL (Commission Nationale de l’Informatique et des Libertés) under the number 1271778. The regulations in force designate as data of a personal nature (or personal information) all information concerning the user, as a physical person, that said person has voluntarily accepted to supply to The Publisher. Such data, of any kind, enables The Publisher to directly or indirectly identify users. This involves personal information (particularly last name, first name, e-mail address, postal code, city, country) that users supply when they fill out questionnaires in signing up for services of the site www.nellyrodilab.com or in signing up for trendletter (Trendletter section).
No information is collected without the user’s consent. The optional or obligatory nature of the data collected will first be indicated to users.
A user has the right to access, modify, rectify, and delete the data concerning him or her (see in particular article 32 and following of the above-mentioned law) and can exercise this right at any time. Therefore, you may contact us so as to rectify, supplement, update, or delete the information that concerns you that may be incorrect, incomplete, ambiguous, or no longer valid by sending notification of such by mail to:
The Publisher, 28, avenue de Saint Ouen, 75018 PARIS, to the attention of Alexandra Jube or directly by e-mail to firstname.lastname@example.org.
The information that concerns you is intended solely for The Publisher.
The Publisher may send commercial offers coming from its company or affiliates concerning products and services similar to those that you have ordered on our Web site.
If the user does not wish to or no longer wishes to receive commercial offers from The Publisher, he or she can also notify us of that by sending a letter or e-mail to one of the above-mentioned addresses.
The general structure as well as the software, texts, images, videos, sounds, information, documents, services, and all other elements that make up this site are the exclusive property of The Publisher and/or its partners and are protected by the provisions of the Intellectual Property Code or other regulations relative to intellectual property. Any representation and/or reproduction, in full or in part, of this site or of any one of the elements that comprise it, by any process whatsoever, without the express prior authorization of The Publisher is prohibited, unless for legal exceptions, and may constitute a criminally liable act of infringement. The trademarks and/or logos appearing on this site are registered trademarks and/or protected creations that are the exclusive property of The Publisher or its partners. Any reproduction or representation, in full or in part, of these trademarks and/or logos, without the express prior authorization of The Publisher is prohibited and may constitute a criminally liable act of infringement.
Hypertext links to www.nellyrodilab.com placed on other sites or from other resources on the Internet must first receive The Publisher’s prior express and written authorization. Not all sites containing a link to www.nellyrodilab.com are under the control of The Publisher, and The Publisher therefore declines any responsibility (particularly editorial) as to the connection to and contents of such sites.
GENERAL TERMS AND CONDITIONS OF SALE
I – Purpose and field of application
These General Sales Terms (‘GST’) will apply to all sales of products or online services or supplies of personalized services by The Publisher, whatever terms and conditions the Client (either a physical person or entity) uses for placing the order.
The Publisher runs a ‘Business to Business’ (‘BtoB’) activity, i.e. between professionals. The protective consumer law provisions concerning distance selling and electronic contracts do not apply to the sales of products or online services and personalized services by The Publisher.
The Client states and acknowledges that it has read these GST which prevail over any document from the Client in particular any general purchase terms save a specific agreement prior to any order agreed in writing between The Publisher and the Client. Consequently, any order of products and/or online services and/or personalized services by the Client implies the Client’s unreserved acceptance and complete approval of these GST.
The Publisher reserves the right to modify these GST at any time provided it informs the Client by any means. The Client is deemed to have accepted the latest version.
Any document other than these GST only has an informative value, is for guidance only and is non contractual, i.e. catalogues, prospectuses, advertising leaflets, instructions.
II – Intellectual Property
The Publisher’s products and services and the general structure, software, texts, images, videos, sounds, designs and models, information, documents and any other element composing The Publisher’s website are the exclusive property of The Publisher and/or its partners and are protected under the provisions of the intellectual property code and any other legislation concerning intellectual property.
Any total or partial representation and/or reproduction of The Publisher’s products and services, its website, or any of the elements composing it, using any process whatsoever, is prohibited, except with The Publisher’s prior written authorization or save legal exception, and can constitute an infringement punishable as a criminal offence.
The trademarks and/or logos appearing on The Publisher’s products or website are registered trademarks and/or protected designs and are the exclusive property of The Publisher and its partners. Any total or partial reproduction or representation of these trademarks and/or logos without The Publisher’s express prior authorization is prohibited and can constitute an infringement punishable as a criminal offence.
The Client undertakes not to use the documents it has access to, in a way which could infringe The Publisher’s intellectual or industrial property rights and undertakes not to disclose them to any third-party without The Publisher’s prior written agreement.
The Client acknowledges exclusively that The Publisher – 28, Avenue de Saint-Ouen – 75018 Paris (France) intends to process the Client’s data in view of constituting The Publisher’s client database.
The Publisher hereby further acknowledges that the Client is entitled:
- on legitimate grounds, to object to the processing of any data relating to it/him/her;
- to obtain communication of the personal data relating to it/him/her;
- to ask The Publisher to rectify, complete, update, block or delete personal data relating to it/him/her that are inaccurate, incomplete, equivocal or expired.
Such request(s) is/are to be sent to: Trendlab S.A.S – 28 Avenue de Saint-Ouen 75018 Paris (France) – email@example.com
III – Order
All orders must be put in writing.
The products must be ordered using a The Publisher order form. The online services can be ordered either by using a The Publisher order form, or on line on the www.nellyrodilab.com. website.
The Publisher will draw up an offer to supply personalized services, for any request it receives for personalized services from the Client. Any requests for conditions which derogate from the provisions of these GST (in particular warranties, late delivery penalties, payment terms etc…) must be formulated by the Client concurrently to the request for personalized services, and accepted by The Publisher before any order. An order for personalized services must refer to a specific offer, before it may be taken into account.
Orders are firm only once The Publisher has accepted them in writing, even though The Publisher’s representatives or employees may have taken the order. An acknowledgement of receipt of an email by The Publisher does not imply acceptance of the order. Orders sent to The Publisher are irrevocably binding on the Client, except modification or cancellation accepted in writing by The Publisher.
The sale is deemed to be concluded when The Publisher accepts the order.
The Publisher will keep any down payment relating to an order unless said order is refused or The Publisher breaches its obligations.
IV – Price/Discount
The prices of products and online services are shown on The Publisher’s price list in force when the Client places the order. These prices are in euros and are exclusive of tax.
The Publisher reserves the right to change its prices at any time. However, it undertakes to invoice the products and online services ordered at the price in force on the date the order was placed. No discount will be given for advance payments.
V – Delivery
V – 1. Delivery of products
Delivery deadlines are given for guidance only. The Publisher makes its best efforts to respect the delivery deadlines it gives when accepting the order in line with the logistic deadlines which are usual in the profession. No direct or indirect damages, penalty payments or deductions can be made for any late deliveries or be a ground for cancelling the order. Deliveries can only occur within the delivery deadlines provided the Client is up-to-date with its obligations towards The Publisher.
The delivery is considered to be made when a notice of readiness is issued, or delivery is made to a carrier. The delivery date is the date The Publisher issues a delivery slip.
The risks of damage or loss to the products sold pass to the Client on the date of, and at the place of delivery. The Client is liable for the products from this moment, and will be liable for the risks to the products during transportation. The Publisher shall never be held liable for any loss, damage or claim during transport. Unless otherwise agreed, this even applies when prices are transport free to the place of delivery, and notwithstanding the fact The Publisher may have chosen the route and the carrier.
If the Client does not take possession of the products at the place and on the date of delivery, The Publisher will store the products at the Client’s costs and risks, and disclaims all liability for this.
V – 2. Delivery of online services
The Client will take delivery, after the online services have been paid for, by downloading from the www.nellyrodilab.com website. To that effect, The Publisher shall send to the Client a login and a pass word to access the website pages from which the online services can be downloaded, for a period of six (6) months from the date login and password are sent.
The Publisher will not be liable if it is momentarily impossible for the Client to access the online services notably due to technical problems.
VI – Delivery taking
The Client must check that the products conform to the order and that there are no visible defects when it receives them. The Client should also precisely formulate any complaint on the carrier’s slip and confirm, in accordance with article L. 133-3 of the Commercial Code, its reserves to the carrier by registered letter with acknowledgement of receipt, within 3 working days of receipt, sending a copy simultaneously to The Publisher.
If visible defects exist which are unconnected with transport, The Publisher will replace the defective products, subject to its verification of the alleged defects. The Client must supply proof of the existence of the defects, and The Publisher reserves the right to carry out inspections or verifications, directly or indirectly, on site. The Client cannot return any products without The Publisher’s express agreement by letter, fax or e-mail.
The Publisher will pay the costs of returning the products if a visible defect which is unconnected to transport or shortages are established by The Publisher or a representative. If no complaint or reserve is made within the above deadline, the products will be considered to conform to the order, free of defects, and accepted by the Client, and will not be taken back or exchanged.
VII – Invoicing
An invoice is drawn up for each delivery of products and issued on delivery. Invoices for personalized services are delivered when the service is completed. Invoices for online services are drawn up automatically and sent to the Client by e-mail.
VIII – Payment terms and due dates
Unless otherwise agreed, any product order must be paid for before delivery, by check or bank transfer. Banque Populaire compte N° 18707 00080 09121589338 02
Unless otherwise agreed, online services must be paid for either online on the www.nellyrodilab.com, website or by check or bank transfer before the Client is entitled to download them.
The due dates for invoices for personalized services are shown on the invoice.
Orders for products or personalized services with a value of more than € 10,000 exclusive of VAT will be subject to the obligation to pay a minimum down payment of 10% of the total amount of the order, the balance being due under the above conditions.
The actual encashment of the payment mediums by check, and not their remittance, will be considered to be valid and complete payment within the meaning of these GST.
IX – Late payment
In the event of late payment of an invoice, The Publisher reserves the right to suspend all orders in progress without prejudice to any other legal rights.
In addition, any late payment of an invoice automatically implies a penalty fee equal to three times the legal interest rate, calculated on the amount of the outstanding sum, net of tax, which runs from the invoice’s due date, without any prior formal notice being required.
X – Resolutory clause
The Publisher reserves the right to automatically rescind the sale without prejudice to the damages which could be claimed, if all or part of an invoice is unpaid on its due date, 15 days after a formal notice to pay which has remained ineffective. The Client will owe default interest at the legal rate after the formal notice, in addition to 5% of the amount of the invoice as a lump sum penalty.
XI – Retention of title
The Publisher retains the ownership title in the products until the Client has paid the complete price in principle and incidental costs, even if payment terms have been granted.
It is expressly agreed that The Publisher can enforce the rights it holds under this retention of title clause for any its debts, over all of the products in the Client’s possession which will be contractually presumed to be unpaid, and The Publisher can take them back or claim them for all its unpaid invoices without prejudice to its right to rescind the sales in progress.
This clause does not prevent the risks in the products being transferred on delivery to the Client, under the terms of Article V-1, above. The Client becomes the bailee and the custodian of said products from delivery up until the complete payment of their price.
XII – Force majeure
The Publisher’s obligations and services will be totally or partially suspended in the event of a case of force majeure or an event which is outside of its control, such as, without this list being limited, strikes, stoppage of the water and/or electricity supply, freezing, fire, storms, flooding, epidemics, suspension of transport services, difficulties in obtaining supplies of raw materials, production or transport accident. The performance deadlines will be postponed for a period which is equal to the duration of the event of force majeure or assimilated event.
XIII – Waiver
If The Publisher does not invoke a clause in this document at any time, this is not valid waiver of its right to subsequently invoke it.
XIV – Governing law – Jurisdiction
The GST and the sales of products, online services or personalized services by The Publisher are governed by French law. Any disputes concerning the interpretation and performance thereof will be submitted to the Paris Commercial Court to which The Publisher and Client give exclusive jurisdiction.