Our General Conditions of Sale - Transparency and Trust

Legal Notices
NOKOMIS WEBSTORE

(NOKOMIS)

1 RUE DE CONDE 75006 PARIS 6

Capital of €15,000

Identification number: 919 601 559 RCS Paris

VAT number: FR44919601559

info@nokomis.eu



Hosting: Shopify Inc.

151 O'Connor Street, Ground floor

Ottawa, ON K2P 2L8

Canada

PREAMBLE
OBJECT
PRODUCTS
THE COSTS
THE ORDER
PAYMENT TERMS
DELIVERY
RIGHT OF WITHDRAWAL
GUARANTEES
SIGNATURES AND EVIDENCE
RESPONSIBILITIES
INTELLECTUAL PROPERTY
PERSONAL INFORMATION AND PROTECTION OF PERSONAL DATA
APPLICABLE LAW AND JURISDICTION






Preamble

These general terms and conditions of sale (the “General Terms and Conditions”) are concluded between the company NOKOMIS WEBSTORE (the “Company”), and any non-commercial natural person (“the User” or “You”) wishing to make a purchase on the Website (hereinafter together referred to as the “Parties”).



The Parties agree that these General Conditions exclusively govern their relationship.



Any User may consult the General Conditions at any time on the website http://www.nokomis.eu published by the Company (the “Website”).



These General Conditions may be subject to modifications; the applicable conditions are those in force on the Website on the date your order is placed. They are brought to the attention of the User and accepted by the latter when ordering.



1. PURPOSE
The General Conditions aim to define the terms of sale between the Company and the User, from placing an order on the Website to after-sales services, including payment and delivery.



2. PRODUCTS
The products governed by these General Conditions are those which appear on the Website and which are indicated as sold and shipped by the Company (the “Products”). They are offered within the limits of available stocks. In particular, the Company offers for sale certain Products made at the request of the User and to measure (the “Custom Products”).



The essential characteristics (qualitative and quantitative) of the Products are described and presented on the Website as precisely as possible. However, these descriptions, as well as the dimensions and photographs, cannot be considered as entering into the contractual scope.



Every effort is made to ensure that the photographs and descriptions of the Products appearing on the Website are faithful to the original Products. However, variations may occur, in particular due to technical limitations of color rendering on Users' computer equipment, or industrial constraints of precision on dimensions (tolerance 3%), so that the Company will not be responsible for variations not resulting from its actions or non-substantial variations.



With regard to Custom-Made Products, the User is expressly informed that, due to the technical constraints linked to their manufacture, Custom-Made Products are subject to a tolerance margin in the finished measurements, according to the following proportions: 1%. All Custom-Made Products whose measurements fall within this tolerance margin are considered compliant, which the User expressly acknowledges and accepts. Outside of the tolerance margins, the User has one (1) month from the date of shipment of the Custom-Made Product to request alterations to his Custom-Made Product. Any alteration is subject to invoicing.



If you order another copy of the same model several weeks apart, it is possible that the colors will vary slightly because the items will not have been dyed in the same batch. We advise Users to order all copies at the same time to avoid any difference in color.



3. PRICES
The prices of the Products and Custom Products displayed on the Website are indicated in the currency of the country whose version of the Website has been chosen by the customer.

These prices are indicated inclusive of all taxes and take into account French VAT and any discounts applicable on the day of the order. It is specified that for Products and Custom-Made Products shipped to Switzerland, VAT will not apply, and for Products and Custom-Made Products shipped to Germany, the German VAT applicable on the day of the order will be reflected in the sale price of the Products and Custom-Made Products and not the French VAT.



The prices of Products and Custom Products do not include delivery costs (order processing costs, packaging costs, shipping costs, and any return costs). The amount of delivery costs will be specified on the order form before the order is confirmed.



For customers residing in Switzerland, it is specified that the prices displayed on the Website are indicated excluding VAT. For customers residing outside the territory of the European Union and in the French Overseas Territories, it is specified that the prices displayed on the Website are also indicated excluding customs duties. The customer will be required to clear the Products and Custom-Made Products through customs by paying the duties and taxes (VAT for Switzerland) upon entry; said duties and taxes are the customer's responsibility both in terms of declarations and payments to the competent authorities of the country concerned.



The prices of Products and Custom Products may be modified at any time by the Company. However, a price cannot be modified once the User's order has been validated.



An invoice is established for each order and sent by email to the User.



4. THE ORDER
4.1 Prior identification of the User
For any first order, the User must follow a customer account creation procedure, as indicated on the Website.



To place an order, the User must identify himself with his email address or customer number and password.



If the password is lost or forgotten, the User can request a new one by going to their customer account and clicking on "Forgotten password". They will then receive a link to change their password at the email address they provided when creating their customer account.



The User may also contact Customer Service to request a change of their customer account password.



4.2 Placing the order
The User must be at least eighteen (18) years old and have the legal capacity necessary to place and honor any order or hold authorization allowing him to place and honor any order and be able to provide proof of this at any time, upon simple request from the Company.



The User places his order on the Website and by respecting the procedure provided and explained by the Website: accessible 24 hours a day, 7 days a week, except in the event of voluntary or involuntary interruption, in particular for maintenance needs or force majeure. Under penalty of refusal of the order, the User chooses a delivery address for the Product(s) necessarily located in the countries referred to in article 6.1 below.



Any order placed before 10 a.m. (local time at the Company's registered office) on a business day, understood to be a weekday worked from Monday to Friday ("Business Day"), will be processed the same day. Any order placed after 10 a.m. (local time at the Company's registered office) will be processed the following Business Day.



In accordance with Article 1369-5 of the Civil Code relating to the conclusion of a contract in electronic form, the User can view the details of his order (Product, reference, quantity, unit price) and its total price and correct any errors. The User must check the accuracy of his order before confirming it to express his acceptance. Any confirmed order constitutes acceptance of the prices and descriptions of the Products and Custom-Made Products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned in Article 8 below. The Company will acknowledge receipt of the order as soon as it is placed by sending an email.



In the event that a Product or a Custom Product is unavailable when the order is placed, the User will be informed by the Company by email to the email address provided when creating their customer account.



In certain cases, including non-payment, incorrect address or other problem with the User's customer account, the Company reserves the right to block the User's order until the problem is resolved.



For any questions relating to the tracking of an order, the User must consult their customer account on the Website or contact Customer Service.



5. PAYMENT TERMS
Payment is made in euros at the User's choice



by bank card: Carte Bleue, Visa, Mastercard.
The User's bank account is debited when the order is validated.
For this type of payment, the Company uses a remote payment system and data encryption in SSL (Secure Socket Layer) mode. Consequently, credit card payments are not made on the Company's servers but directly on those of the Company's bank (STRIPE) in a secure environment. This guarantee ensures that your credit card numbers are known only to our bank.
by PAYPAL.
By choosing to pay via PayPal, the User will be automatically redirected to their PayPal account. Once the PayPal payment is validated, the User can complete their order on the Website.
by bank transfer.

6. DELIVERY.
6.1 Geographic delivery areas
The Products and Custom-Made Products sold on the Website can be delivered to Metropolitan France, Switzerland, Monaco, as well as to all countries belonging to the European Union.



6.2 Delivery terms
Delivery is made to the User's home address specified in the customer account or to the delivery address that the latter has indicated in the order form, in Metropolitan France or any other delivery country referred to in article 6.1.



We do not deliver to PO Box addresses.



Delivery costs are calculated based on the weight of the product and the delivery location. They will be indicated to the User before the final validation of the Order.

All orders are shipped via Chronopost with a tracking number that the User receives by email when their order is shipped. They can also access their package tracking in their customer account on the website.

We invite you to track your package online to find out the delivery date. Delivery times are generally 5 business days.

In the case of home delivery, if the tracking indicates your package "delivered" but you have not received your order, please contact customer service within the following 48 hours so that we can intervene and open a claim file with the carrier.

Please note that once the User has given permission to the carrier to proceed with a "safe deposit" by email or telephone, the receipt in person will be automatically confirmed and the sender can no longer be held liable.



6.3 Delivery times
Fast delivery of your package between 2 and 4 working days after processing the order, as specified in article 4.2, to the countries in the geographical area referred to in article 6.1.



The Company cannot be held responsible for the consequences due to a delay in delivery. The maximum delivery time is 30 days (60 days for Custom Products). In the event of a delay in shipping, the Company will inform the User of this delay by email, as indicated in article 4.2. The User may in this case decide to cancel his order. In the event that the order has not yet been shipped upon receipt of the User's cancellation notice, delivery will then be blocked and the User will be reimbursed for any amounts debited within 14 days following receipt of said cancellation notice in accordance with article L. 216-3 of the French Consumer Code. In the event that the latter has been shipped, the User will always have the option to cancel his order by refusing the package.

7. RIGHT OF WITHDRAWAL, EXCHANGE AND RESTOCKING FEES

7.1 Right of withdrawal (only for deliveries in Europe)

All Products (excluding Custom-Made Products) delivered in Europe are eligible for a refund provided they are unused, unmodified, intact, complete, packaged in the original packaging, have not been installed in any way and are accompanied by the purchase invoice and the Return Form provided by Customer Service. If the returned Product does not meet these criteria and cannot be put back on sale, it is not eligible for a refund and will be returned to the User.

In accordance with article L.221-18 of the Consumer Code, the User has a right of withdrawal of fourteen (14) days from the date of receipt of the Products.

The right of withdrawal also applies to sale, second-hand or clearance products, but cannot apply to Custom-Made Products in accordance with the provisions of Article L.221-28 3° of the Consumer Code.

During this period, the User may return the Products to the Company without having to provide reasons or pay penalties, to the following address:

DOCK AVENUE DOCK AVENUE - 3PL AMAZON - PREP CENTER 100% E-COMMERCE Pouilly-les-Nonains France 42155

Return costs are the responsibility of the User and will not be reimbursed, except in the case of a Product that is defective upon receipt or an error when sending the Product.

In the case of a non-compliant or damaged Product or Custom-Made Product, please contact Customer Service by email immediately, but at the latest within 14 days of receiving your order, specifying the defect, ideally with photos. In the case of a package received open or damaged, please contact Customer Service by email within 72 hours of receipt and attach a photo of the package. After this period, no claims will be accepted.

The Company undertakes to reimburse the User who has exercised his right of withdrawal the sums due as soon as possible and, at the latest, within fourteen (14) days following the exercise of the right of withdrawal, in particular:

• If the User returns all of the Products in his order, the Company will reimburse the User (i) for the price of the returned Products, as well as the delivery costs (except for additional costs resulting from the customer's choice of a delivery method other than the less expensive standard delivery method offered by the Company) for the latter;
• If the User does not return their entire order and keeps one or more Products ordered, the amount of the "outbound" delivery costs will be retained by the Company as well as the amount of the price of the Products not returned.

Restocking Fee: In the event of a withdrawal, a restocking fee equal to 5% of the price of the returned Product will be applied and deducted from the refund amount.

The refund will be made via the payment method used when paying for the returned order. Thus, if the order of Products was paid for by:

• Carte Bleue, and that the Carte Bleue is still valid, the refund will be made to the account attached to this Carte Bleue;
• Paypal, and the Paypal account is still active, the refund will be made to that Paypal account;
• Bank transfer, refund will also be made by bank transfer.

7.2 Exchange

All Products (excluding Custom-Made Products) delivered in Europe may be exchanged provided that they are intact, complete, packaged in the original packaging, that the heat-sealing strip is not used and that they are accompanied by the purchase invoice.

Return costs are the responsibility of the User (except for a Product that is defective upon receipt or an error when sending the Product).

The User has a period of fourteen (14) days to contact Customer Service and request an exchange of the Product.

The User will not pay any delivery charges on the new exchange order.

8. GUARANTEES

All Products and Custom-Made Products on sale on the Website benefit from the legal guarantee of conformity (articles L.217-4 to L.217-14 of the Consumer Code) and the legal guarantee against hidden defects (articles 1641 to 1649 of the Civil Code) allowing the User to notify the Company, within 2 years from delivery of the order, of any Products or Custom-Made Products delivered that are defective or non-compliant.

In the event that the Product presents a defect or lack of conformity which makes it unfit for use or which reflects a major functional difference compared to the characteristics defined on the Site, the Customer chooses between repair and replacement of the Product. However, the Company may not proceed according to the Customer's choice if this choice entails a cost which is manifestly disproportionate compared to the other option. If repair and replacement of the Product are impossible, the Customer may return the Product and have the price refunded or keep the Product and have part of the price refunded in agreement with the Company.

Repair, replacement or refund will be made if the Customer meets the following cumulative conditions:

• not have used the Product in an abnormal, improper or contrary to its intended purpose;
• have complied with the installation and maintenance instructions for the Product;
• have returned the Product in packaging ensuring its total protection, i.e. not likely to cause the Product to suffer damage during transport.

9. SIGNATURES AND EVIDENCE
In all cases, the online provision of the bank card number and the final validation of the order will constitute proof of the entirety of said order in accordance with the provisions of the law of March 13, 2000 and will constitute payment of the sums corresponding to the price of the Products appearing on the order form as well as the delivery costs.



This validation constitutes signature and express acceptance of all operations carried out on the Website.



In the event of fraudulent use of their bank card, the User is invited, as soon as this use is noticed, to contact Customer Service.



10. RESPONSIBILITIES
The Company undertakes to take all reasonable care in the profession in implementing the service offered to the User. However, it shall not be liable in the event that the failure to perform its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by French case law.



Likewise, the Company cannot be held liable:

for non-performance or poor performance of contractual obligations incumbent on the User, in particular at the time of entering the order on the Website,
for all inconveniences or damages inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses,
for any delay attributable to a stock shortage.


11. INTELLECTUAL PROPERTY
The Company has the right to market all Products and Custom Products on the Website.



All elements of the Website and appearing on the Website, whether visual or audio, including the underlying technology, trademarks, logos, graphics, photographs, designs and models, are protected by copyright, trademarks or patents. Their disclosure shall in no way be interpreted as granting any license or right to use said trademarks and distinctive elements protected by copyright. They may therefore not be used under penalty of legal action.



Therefore, none of the documents from the Website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever.



12. PERSONAL INFORMATION AND PROTECTION OF PERSONAL DATA
The Company is committed to protecting the Personal Data of each User, collected during orders. All Personal Data is treated with the strictest confidentiality.



The User acknowledges and accepts that the Company may collect and process personal information concerning him/her, for the sole purposes set out below in accordance with the Company's Privacy Policy, accessible on the Website and made available to the User each time an order is placed.



If the User chooses not to provide certain mandatory personal data, he/she will still be able to visit certain parts of the Website but may not be able to access certain options, programs, offers and services requiring interaction with him/her and the use of your personal data.



12.1 Collection of Personal Data
We may collect your Personal Data in the following cases:

When completing the registration form via the “Create your account” section to create a customer account for the User allowing them to connect to the Website and purchase Products and Custom Products. For this purpose, the Company collects and processes the following data: title, surname, first name, email address, date of birth, password, company, delivery and billing address, country, home and mobile phone numbers, address name.
When the User sends a request via the "Contact Us" section, by filling out an online form. The data collected for this purpose are as follows: subject of the request, email address, order number and the User's message.
When the User voluntarily provides personal data concerning him/herself, in particular through free forms or attachments to his/her message in the “Contact us” section. The User undertakes to communicate accurate information and not to prejudice the interests or rights of third parties (in particular their intellectual property rights).
We may also use log files. The information contained in log files includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), system date/time stamp, originating and destination pages, pages clicked, and any other information that your browser may give us. We may use this information, in particular, to administer the Site or to track the user's movements around the Site. However, we point out that electronic identification data makes it possible to identify your connection terminal or the pages consulted on the Site during your navigation and are generally insufficient on their own to identify you by name.
Google Analytics: The Site may use a tool called "Google Analytics" to collect information about how the Site is used. Google Analytics collects information such as how often users visit this Site, the pages they visit, and what other sites they visited before coming to this Site. We use the information we obtain from Google Analytics to operate and improve the Site and our products. We do not associate the information collected by Google Analytics with any personally identifiable information. Google's ability to use and share information collected by Google Analytics about your visits to our Site is restricted by the Google Analytics Terms of Service, located at www.google.com/analytics/terms/us.html, and the Google Privacy Policy, located at www.google.com/policies/privacy/. You can learn more about how Google collects and analyzes data specifically in connection with Google Analytics at www.google.com/policies/privacy/partners/. You can also prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout. When you voluntarily provide Personal Data about yourself, particularly when it comes to multimedia content (photographs, videos, etc.), you agree to provide accurate information that does not harm the interests or rights of third parties (including their intellectual property rights).


12.2 Use of personal data
The Company only collects and processes personal data about the User for which it has a legal basis. Legal bases include the User's consent (where the User has given their consent), contract (where the processing of data is necessary for the performance of a contract between the Company and the User, or between our partners and you, for example, to provide the User with the Products and Custom Products requested) and “legitimate interests”.



When the processing of personal data is subject to the User's consent, the User has the right to refuse or withdraw consent at any time; when the processing of your personal data is based on legitimate interests, the User has the right to object. For any questions regarding the legal bases on which the Company relies for the collection and use of personal data, please do not hesitate to contact our Customer Service by email, post or telephone.



The information that the User communicates on the Website allows the Company to:

Identify and authenticate user access to the Site;
Execute the sales contract and ensure the delivery of the products and custom-made products purchased by the user;
Inform the user about products and custom products;
Process questions or requests addressed by the user;
Send the user, with their consent, messages of an advertising or commercial prospecting nature through any applicable communication channel, including emails, SMS, etc.;
Provide the user with promotions;
Transmit the newsletter to which the user has subscribed;
Improve our Site in terms of navigation and functionality;
Diagnose and remedy problems on the Site.
The Company guarantees the confidentiality of the personal data collected from the User. However, the Company may be required to share all or part of this personal data with third-party service providers in order to facilitate the conduct of its business and to provide the Website as well as its Products and services to Users.

This information may be transferred to other countries. The Company ensures that it acts responsibly and only interacts with third-party service providers that display a personal data policy governing their own processing of personal data and that ensure an adequate level of protection with regard to the requirements of European data protection regulations (and in particular the General Data Protection Regulation (EU) 2016/679 of April 27, 2016, known as "GDPR"). In all cases, the Company relies on contractual mechanisms and binding legal processes to legally transfer personal data beyond the borders of the EEA zone and secure these data flows.



The Company will only transmit the User's Personal Data to a third-party business partner after having obtained their prior consent to share this information (for example, for a special promotional event).



The Company may finally be required to reveal all or part of the User's personal data or any other information that the User has submitted via the Website if it believes that revealing this information can help or is reasonably necessary:

to compliance with any law or regulation;
to the conduct of any legal proceedings;
to respond to any request from a judicial authority or any administrative authority authorized by law requesting the communication of this data in accordance with the legislative provisions in force;
to enforce our General Conditions of Sale;
to detect, prevent or address a fraud or security issue;
to protect the rights, property or safety of the Website, its Users, or the public in general.


The Company undertakes, however, to notify the User under the conditions provided for by the legislation in force.

In order to fulfill its contractual obligations, the Company may transmit this data to companies that it controls and to their subsidiaries provided that these companies are subject to the same commitments provided for in the Confidentiality Policy or to confidentiality rules guaranteeing at least equal protection of the data.



Finally, the Company may share the User's personal data in the context of a sale, merger, or takeover, or in preparation for these events. Any third-party entity purchasing the company in whole or in part will be authorized to use this data, but only in compliance with the Privacy Policy and after duly informing the User of this transfer of activity. Each User may naturally object to this by exercising their legal rights as described below.



In all cases, NOKOMIS WEBSTORE the Company will make its best efforts to ensure the confidentiality and security of the Personal Data collected during their transmission to the aforementioned persons.



12.3 Retention of personal data
The User's personal data will be kept by the Company for a period not exceeding the period necessary for the purposes for which they were collected or are processed, in accordance with the provisions in force (in particular but not exclusively those provided for by the Commercial Code, the Civil Code and the Consumer Code).



The Company may, however, retain certain personal data for a longer period, for the sole purpose of complying with any legal obligation or responding to any questions or complaints addressed to it after the termination of the contractual relationship with its partners or the User concerned.



12.4 Facebook and Youtube
NOKOMIS WEBSTORE publishes an information and presentation page about its activity on Facebook, as well as a channel on YouTube. You can follow these pages by choosing the "Like" button (on Facebook) or "Subscribe" (on YouTube). Your personal information, which you have indicated as public and accessible from your profile, may then be collected by NOKOMIS WEBSTORE.



Click here for a Wikihow article on how to enable and disable access to your data on Facebook.



Click here for Google/YouTube's privacy policy.



12.5 Subscription and unsubscription to our newsletter
The Site offers you the opportunity to subscribe to a free newsletter, in order to receive information about our products, our new products and our news.



If you no longer wish to receive this newsletter, you can unsubscribe by simply clicking on the "Unsubscribe" link at the bottom of the newsletter. Your request will not be considered as taken into account until you receive a confirmation message. If you do not receive a confirmation message, please contact Customer Service and specify the email address you wish to unsubscribe from.



12.6 Security measures
The security of your Personal Data is important to us. We follow generally accepted industry security standards, including the use of appropriate administrative, physical, and technical measures, and comply with applicable French and European legislation regarding the protection of the Personal Data we collect.



NOKOMIS WEBSTORE employees who have access to your Personal Data due to their duties undertake to maintain the utmost confidentiality in this regard.



However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, even if we make our best efforts to protect your Personal Data, we do not control the risks associated with the operation of the Internet and draw your attention to possible risks in terms of occasional loss of data or breach of confidentiality of data transmitted via this network.



If you have any questions regarding the security of the service, you can contact Customer Service.



12.7 Links and interactions with third-party sites
The Site may allow you to interact with third-party sites or may contain links to other third-party sites, mobile applications, and services that are not owned or controlled by us (each, a “Third-Party Service”). We are not responsible for the privacy practices or the content of any Third-Party Services. Please be aware that the Third-Party Service may collect information about you. Therefore, we encourage you to read the terms and conditions and privacy policies of each Third-Party Service with which you choose to interact.



12.8 Exercise of user rights exercise of user rights
In accordance with current legislation, and in particular Law No. 78/17 of 6 January 1978 known as "Informatique et Libertés" and the GDPR, the User has a right to access, rectify and erase their personal data, as well as a right to limit the processing and to the portability of their data.

He also has the right to object for legitimate reasons to the processing of his data by the Company, as well as the right to lodge a complaint with the CNIL.

The User may exercise his legal rights at any time by sending his request by email, by post or by telephone to Customer Service.



In order for the Company to satisfy this request, the User must send it the elements necessary for their identification: surname, first name, e-mail and possibly their postal address.



After deleting personal data concerning him/her, the User will not be able to restore it. Furthermore, the Company cannot assure him/her that such deletion will completely remove any personal content or information that the User may have otherwise made public.



12.9 Use of data in the event of acquisition or change of control of NOKOMIS WEBSTORE
As our business develops, we may sell or acquire subsidiaries or businesses. In such transactions, customer information may be one of the transferred assets but will remain subject to the commitments made in this Privacy Policy.



In addition, in the event of a change of control of our company, an acquisition, a collective procedure or a sale of our company's assets, Personal Data may be transferred to third parties.



12.10 Personal data policy relating to minors
The Site is not intended for minors but is not reserved for adults as it does not contain content prohibited for minors under 18 years of age.



The Site's forms and questionnaires are not intended to collect information about minors. If information is collected about a minor by the Site, the minor's legal representative will have the option to contact us to rectify, modify, or delete this information (see Article 6 - Rights of Individuals Regarding Personal Data).



12.11 Questions / Contact
For any questions or comments regarding this Personal Data Policy or the way in which we collect and use Personal Data about you, you can contact Customer Service by email, mail or telephone.

13. APPLICABLE LAW AND JURISDICTION
The terms and conditions are governed by French law. In the event of a dispute, the competent court is the place of residence of the defense attorney or, at the discretion of the plaintiff, the place of actual delivery of the item.