General Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by SARL V.A.K 65 HOLDING, registered with the RCS of PERPIGNAN under number 501 397 863, having its registered office at 3 rue Maurice de Broglie, 66330 CABESTANY ("the Seller") to consumers and non-professional buyers ("Customers or the Customer"), wishing to purchase the products offered for sale by the Seller ("Products") on the website www.noho.fr ("the Site").

They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

The Products offered for sale on the Site are the following: ready-to-wear items and accessories, shoes.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity, are presented on the Site.

The Customer is required to read them before placing any order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller.

The Customer is required to refer to the description of each Product in order to know its essential properties and particularities.

Product offers are understood to be within the limit of available stocks, as specified when placing the order.

These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

These General Conditions of Sale are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document.

The Customer declares to have read these General Conditions of Sale and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the Site.

These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the Site on the date the order is placed.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (general data protection regulation) which came into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, opposition, erasure and portability of all of his personal data by writing, by post and providing proof of identity, to SARL V.A.K 65 HOLDING, 3 rue Maurice de Broglie, 66330 CABESTANY.

The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.

The Customer acknowledges having the required capacity to contract and acquire the Products offered on the Site.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.

ARTICLE 2 - Orders

It is up to the Customer to select the Products they wish to order on the Site, according to the following terms:

-          the Customer, after having chosen the Products they intend to purchase, fills their basket with the Products concerned, indicating their quantity,

-          when the basket is full, the Customer chooses their delivery method,

-          the Customer then chooses their payment method,

-          the Customer then makes their payment request,

-          the Customer then receives an e-mail from the Seller to register their order,

-          Finally, the Customer receives an e-mail confirming their order, accompanied by the invoice.

The order validation email signifies the acceptance by the Seller of the Customer's order and thus forms the sales contract between the Parties. As soon as the order is ready to be shipped, the Seller will send an order shipping email to the Customer. The Customer who has chosen in-store delivery will receive an order availability email.

The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.

The Product offers are valid as long as they are visible on the site, within the limit of available stocks.

For orders placed exclusively online, the registration of an order on the Service Provider's site is carried out when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates his order. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. This validation implies the acceptance of all of these General Conditions of Sale and constitutes proof of the sales contract.

It is therefore up to the Customer to check the accuracy of the order and to immediately report any errors.

Any order placed on the Site constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be provided with a tracking number for his order.

ARTICLE 3 - Prices

The Products are supplied at the prices in force appearing on the Site, when the order is registered by the Seller. The prices are expressed in Euros including tax.

The prices take into account any reductions that may be granted by the Seller on the Site.

These prices are firm and not revisable during their period of validity, as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition,under the conditions indicated on the Site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer when the latter validates the order.

ARTICLE 4 - Payment conditions

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment by Visa or MasterCard bank cards or by PayPal, to the exclusion of any other means of payment.

Payment data is exchanged in encrypted mode.

In the event of payment by bank card, the card is debited when the order is validated by the Customer.

The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.

Payments made by the Customer will only be considered final after actual collection of the amounts due by the Seller.

No additional costs, greater than the costs incurred by the Seller for the use of a means of payment, may be invoiced to the Customer.

ARTICLE 5 – ALMA free credit payment option

The Seller offers its Customers the Alma credit service for the settlement of their purchases and the execution of the payment. This is subject to the Customer's acceptance of the T&Cs or the credit agreement proposed by Alma.

Any refusal to grant credit by Alma for an order may result in the cancellation of the order.

Any termination of the T&Cs that bind the Customer and the Seller results in the termination of the T&Cs or the credit agreement between Alma and the Customer.

Payment in three/four installments is available via our partner Alma. Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure.

Purchase amount: Only purchases between 150 and 1000 are eligible for payment with Alma.

Fees: By paying in installments with Alma, the Customer does not pay fees.

Alma is a telepayment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.

Termination: Any termination of the General Terms and Conditions that bind the Seller and the customer, entails the termination of the General Terms and Conditions between Alma and the customer.

ARTICLE 6 - Deliveries

The Products ordered by the Customer will be delivered in mainland France within 10 days from the dispatch of the order to the address indicated by the Customer when ordering on the Site.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are provided for information purposes only. However, if the Products ordered have not been delivered within 20 days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.

The Customer may also collect the Products ordered in store, at one of the following addresses, which he will be asked to choose when ordering:

-          Noho 1 rue Aristide berges 66330 Cabestany

-          Noho centre commercial carrefour 66530 Claira

-          Noho 27 quai Vauban 66000 Perpignan

-          Noho 1211 avenue d'Espagne 66000 Perpignan.

The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer,under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions of Sale.

ARTICLE 7 - Transfer of ownership - Transfer of risks

The transfer of ownership of the Seller's Products will be carried out upon acceptance of the order by the Seller, materializing the agreement of the parties on the thing and on the price and this regardless of the date of payment and delivery.

Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.

ARTICLE 8 - Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange; creation of credit or refund, provided that the Products are returned in their original packaging and in perfect condition within 15 days of notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products are not accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on the Site, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other unambiguous statement expressing the desire to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

If the return is made in store, in addition to the possibility of exchange subject to availability, the creation of a credit note can be carried out. On the other hand, returns to the store will not give rise to any refund.

ARTICLE 9 - Seller's Liability - Guarantee

The Products sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,

-       from the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,

-       from the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 3 days from delivery of the Products or the existence of hidden defects in the deadlines referred to above and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).

The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's discovery of the lack of conformity or hidden defect.

Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.

The Seller shall not be held liable in the following cases:

- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,

- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

ARTICLE 10 - Data Protection and Freedoms

Pursuant to Law 78-17 of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for processing their order and issuing invoices, in particular.

This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Site meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him.

This right may be exercised under the conditions and according to the methods defined on the Site.

If the Customer's telephone number is collected when creating his account or placing his order, his telephone contact details will only be used for the proper execution of his orders or to contact him in order to offer him new services. Without prejudice to the foregoing, in accordance with the legal provisions, the Customer is informed that he may, if he wishes, register on the list of opposition to telephone canvassing. He can register for free on this list, which is binding on all professionals except those with whom he has already concluded a contract. The opposition can be filed on the website   http://www.bloctel.gouv.fr/ .

ARTICLE 11 - Intellectual property

The content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

In addition, the Seller remains the owner of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Customer) for the purpose of providing the Services to the Customer. The Customer therefore prohibits any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may make it conditional on financial compensation.

ARTICLE 12 - Unforeseen circumstances

In the event of a change in circumstances that were unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume the risk of excessively onerous performance may request a renegotiation of the contract with its co-contractor.

However, if the change in circumstances that were unforeseeable at the time of the conclusion of the contract were definitive or continued beyond one month, these presents would be purely and simply resolved according to the terms defined in the article "Termination for Unforeseen Circumstances".

ARTICLE 13 - Specific performance ... failure of either Party to fulfill its obligations, the Party suffering the failure shall have the right to request specific performance of the obligations arising hereunder. In accordance with the provisions of Article 1221 of the Civil Code, the creditor of the obligation may pursue this forced execution after a simple formal notice, sent to the debtor of the obligation by registered letter with acknowledgement of receipt, which has remained unsuccessful, unless this proves impossible or if there is a manifest disproportion between its cost for the debtor, in good faith, and its interest for the creditor.