Terms of sale
Terms and Conditions of Sale – NUPILA
1. Purpose and seller identity
These Terms and Conditions of Sale govern all orders placed on https://nupila.com. Placing an order implies unreserved acceptance of these terms by the customer.
The website is operated by Nupila, a sole proprietorship registered with the French Trade and Companies Register under number 934 611 146 RCS Lille Métropole. VAT not applicable, article 293 B of the French General Tax Code. Correspondence address: 60, rue François 1er – 75008 Paris, France. Full details appear in the Legal Notice.
2. Products
The essential characteristics of the products are presented on the corresponding pages of the website.
NUPILA endeavours to provide descriptions, photographs and information that are as accurate as possible. Photographs are illustrative and may show slight differences that do not affect the essential characteristics of the product.
Products are offered subject to availability. If a product becomes unavailable after an order is placed, the customer will be informed as soon as possible and may obtain a refund or accept an alternative solution.
3. Orders
The customer selects the products they wish to buy and checks the contents of their order and their details before proceeding to payment.
The order becomes final once payment is accepted and a confirmation e-mail is sent to the customer.
The customer is responsible for the accuracy and completeness of the information provided when ordering.
NUPILA reserves the right to refuse or cancel an order in the event of suspected fraud, a payment incident, an obvious pricing error or a previous dispute with the customer. Where NUPILA cancels an order after payment has been taken, the sums concerned will be refunded.
4. Prices
Prices are shown inclusive of all taxes, in the currency displayed on the website at the time of the order. That currency depends on the delivery country selected by the customer and is confirmed before the order is finally validated.
Any shipping costs are shown to the customer before the order is finally validated. Where shipping is free, no additional amount is charged on this basis.
NUPILA may change its prices at any time. Products are nevertheless invoiced at the price displayed when the order was validated.
5. Payment
Payment is due when the order is placed and is made using the payment methods offered on the website.
Transactions are handled by the payment providers offered at checkout. NUPILA does not store complete bank card details.
If payment is refused or fails, the order cannot be validated.
6. Delivery
Delivery times
Processing and dispatch take 2 to 4 business days. Once dispatched, orders are generally delivered within 5 to 7 business days, depending on the destination. The total estimated time is therefore 7 to 11 business days from order confirmation.
The applicable times are also shown to the customer before the order is validated and may be specified by market on the website. In the event of a difficulty or delay, the customer is invited to contact NUPILA.
NUPILA remains the customer's point of contact regarding the proper performance of the delivery, including where it is entrusted to a carrier or a logistics provider.
Checking the address
The customer must check the accuracy and completeness of their name, postal address, telephone number and any information needed for delivery, including building, floor, apartment number, entry code or the name shown on the entryphone.
In the event of an error or missing information, the customer must contact NUPILA as soon as possible. A change cannot, however, be guaranteed once the order has been prepared or dispatched.
Returned parcels and reshipment
Where a parcel is returned to sender because of an incorrect or incomplete address, a failure to collect it, or a failure to provide the carrier with the information needed for delivery, a new shipment may be offered to the customer.
Where the failed delivery is attributable to the customer, the actual reshipping costs may be charged. The amount is communicated in advance and no new paid shipment is made without the customer's agreement.
No reshipping costs are charged where the return results from an error by NUPILA, its logistics provider or the carrier.
These provisions do not deprive consumers of their statutory rights.
Late or failed delivery
In the event of late or failed delivery, the customer may contact NUPILA so that a check can be carried out.
Where the conditions set out in the French Consumer Code are met, the customer may request delivery within a reasonable additional period and then terminate the contract if delivery still does not take place.
Where the contract is validly terminated for failure to deliver, NUPILA refunds all sums paid within the applicable statutory period.
7. Returns and refunds
The terms relating to the right of withdrawal, returns, refunds and the 30-day money-back guarantee are set out in the Return and Refund Policy available on the website.
8. Legal guarantees
Products sold by NUPILA benefit from the legal guarantee of conformity and the legal guarantee against hidden defects, under the conditions provided for by French law. Any commercial guarantee offered by NUPILA neither replaces nor limits the legal guarantees.
The following box reproduces the wording required by French law. The French version prevails.
Consumers have a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During that period, consumers need only establish the existence of the lack of conformity, not the date on which it appeared.
Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to that digital content or digital service throughout the period of supply provided for. During that period, consumers need only establish the existence of the lack of conformity affecting the digital content or digital service, not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity entitles consumers to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, consumers benefit from a six-month extension of the initial guarantee.
If consumers request repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
Consumers may obtain a reduction in the purchase price while keeping the goods, or end the contract and obtain a full refund against return of the goods, if:
1. the trader refuses to repair or replace the goods;
2. repair or replacement of the goods takes place after a period of thirty days;
3. repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods;
4. the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
Consumers are also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. In that case consumers are not required to request repair or replacement of the goods beforehand.
Consumers are not entitled to termination of the sale where the lack of conformity is minor.
Any period during which the goods are unavailable with a view to their repair or replacement suspends the remainder of the guarantee until the repaired goods are delivered.
The rights referred to above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual turnover (article L. 241-5 of the French Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. That guarantee entitles consumers to a price reduction if they keep the goods, or to a full refund against return of the goods.
9. Right of withdrawal
In accordance with French law, consumers have a statutory period of fourteen days from receipt of the product to exercise their right of withdrawal, without having to give a reason.
As a commercial gesture, NUPILA additionally offers a 30-day money-back guarantee from receipt of the order, allowing the customer to obtain a refund of the product even after using it. The conditions applicable after the statutory fourteen-day period are set out in the Return and Refund Policy.
The statutory exceptions to the right of withdrawal continue to apply, in particular for products made to the customer's specifications or clearly personalised.
10. Liability
NUPILA is responsible for the proper performance of its contractual obligations, subject to the grounds for exemption provided for by law.
NUPILA cannot be held liable for damage resulting from misuse of the product, failure to follow the instructions provided, or use that does not match the product's intended purpose.
Nothing in these terms limits the statutory rights of consumers or any liability that cannot be excluded by law.
11. Intellectual property
The text, images, videos, logos and other content on the website are protected by intellectual property law. Any unauthorised reproduction, representation or use is prohibited.
12. Governing law and dispute resolution
These Terms and Conditions of Sale are governed by French law.
In the event of a difficulty, the customer is invited to contact NUPILA in order to reach an amicable solution.
Failing an amicable agreement, the consumer may bring the matter before the competent court in accordance with applicable law. In particular, the consumer may bring proceedings before the court of the place where they resided at the time the contract was concluded or the damaging event occurred.
13. Contact
Phone: +33 7 56 90 72 84
E-mail: contact@nupila.com
Correspondence address: 60, rue François 1er – 75008 Paris, France
This is a correspondence address and is not a return address. All returns must be authorised in advance by customer service, who will provide the applicable return address.