General terms and conditions
The website www.natuco.fr is edited by the joint stock company natuco, headquartered at the 16 rue Émile Zola, 69002 Lyon, which its capital is 1000,00 € and registered with the Lyon Trade and Companies Register under number 893 329 854.
Website URL address : natuco.fr
e-mail : firstname.lastname@example.org
phone number : 0665494701
Field of application
Every sales operation made by our company is subject to the present General Terms and Conditions (hereafter referred as “General Terms”) that rule the contractual relation between every user of the website www.natuco.fr (hereafter referred as the “Website”) willing to make a purchase via the website (hereafter referred as the “Customer”) and the company natuco (hereafter referred as “natuco”), headquartered at 16 rue Émile Zola 69002 Lyon, France.
At any moment, natuco can be led to change some provisions of the present General Terms and Conditions. Consequently, it is necessary to read the applicable version, the day of the purchase on the Website. Those changes are opposable from their placing online and will be applied to the orders made subsequently to their placing online on the Website.
Every purchase made on the Website is subject to all of the terms of the General Terms. The Customer will only be able to approve his order after duly becoming familiar with the General Terms. By accepting the General Terms, the Customer declares that he has full legal capacity to conclude a contract within the meaning of Article 1123 and following of the French Civil Code.
To understand the General Terms, the following word has to be defined :
- User or Internet user : design any person located on the Territory connecting to the Website.
The products put up for sale by natuco on the Website (hereafter referred as the “Products”) are described on the Website. They will be subjects of a product description that will introduce as the minimum the essential features of the product from the information given by the partners, suppliers or manufacturers. The characteristics will have a guide value. The products will also displayed with pictures without any contractual value. natuco can also offer “Sales” : the products which are the subject of it ( on the price or any characteristic such as delivery, quantity, etc. ) quill be sold during a limited time and/or minimum quantity.
Every product sold on our website has unique characteristics that can be different from pictures. The pictures displayed are only for reference.
Grain and the color of the wood of the delivered product can be different from the pictures. The decorative items brought for the presentation of the product are not part of the contract and are not saleable.
natuco.fr cannot be held liable for the perceptual difference of shapes and colors between the photographs and the products.
In case of purchase of several creations of the same reference, slight differences can be observed on the products due to non-industrial approach. This in no way detracts from their quality and all the care taken in their making.
To place an order on the Website for the buying of a Product, the CUSTOMER must :
– have an User Account made respecting the Article on data privacy
– have a valid credit card
Orders will exclusively be placed on the Internet according the following steps :
- the Customer fills his/her shopping basket,
- the Customer creates his/her account or signs up if he/she is already part of the natuco community,
- the Customer gives his/her shipping information,
- the Customer is informed about the shipping method as well as the delivery charges ,
- the Customer chooses his/her payment method,
- the Customer approves the General Terms and his/her order,
- the Customer is redirected toward our partner’s page and requests his/her payment,
- last, the Customer receives an e-mail that confirms the order.
The Customer must make sure of the exhaustiveness and the truthfulness of the information he/she has given to natuco when the order was placed and more specifically his/her shipping information. The validation email of the order means the approval by natuco of the Customer’s order and thus forms a sales contract between the parties according to the General Terms. The information given by the Customer as well as the General Terms form the contract made between the Customer and natuco and will be reminded in the validation email of the order. The Customer is responsible for keeping this validation email that represents his copy of the sales contract. natuco cannot be held responsible if this email is erased by an “anti-SPAM” system. The Customer will have access to his/her content of order at any time by opening the page “My Account” and signing up on the Website. The General Terms can be visited from any page of the Website.
In the context of the classic sale of a Product from the collection, the internet user can order any product appearing in the permanent catalogue. Only the confirmation sent by natuco during the making of the order will guarantee the product’s availability. If the Product is unavailable after the order is made, the Customer will be informed of the partial order or the order cancellation by email or phone.
The selling price of the Products offered on the Website in the Selling Sessions are indicated in Euro and will be raised the VAT rate applicable at the time of ordering.
Price to pay : The price to pay is indicated on the Website in the product description, to which are added the incidental expenses ( including the shipping costs and the service options ) given during the order. It can be reduced thanks to a discount ( such as promotional code or voucher ). The price will only be definitive when the order is confirmed. All of our prices are displayed on our Website in Euro including all taxes ( “VAT” ).
Promotional Codes or vouchers : the CUSTOMER can enjoy promotional codes or personal and non-marketable vouchers that he/she could use during the validation of his/her order by writing the reference in the purchasing form. It is explained that the promotional codes or vouchers are only valid for the time mentioned by the COMPANY to the CLIENT.
Shipping costs : Shipping costs are owed for every order placed. The exact amount of the shipping costs depends on the shipping method chosen, the place of delivery, and the content of the order. The amount of shipping costs will be indicated in the shopping cart and will be subject to approval by the Customer before he/she approves his/her shopping cart. To obtain an estimate, the Customer can do a simulation of his/her purchase on the Website. In any case, this indication only stays approximate and only the price given during the validation of the shopping cart has contractual value except situations such as shipping problems or special shipping methods that could cause an extra cost.
Discount and VAT : The orders are payable immediately. No discount will be given. In case of VAT rate change, the price will automatically be changed without no other notice than the legal requirement date for the new VAT rate.
Price change : The Products prices shown on the Website may be subject to change. natuco has the right to change the prices without notice, especially in case of error in labelling. Subject to the following, the prices displayed during the placing of the order are the prices applicable to this order. Although the Website was made with care, it is possible that the prices displayed include mistakes. natuco is not in any case bound by its offer and may reserve the right to cancel a customer’s order when such an error happens.
Foreign currencies : Prices are displayed in Euro. If the payment currency is different from the currency with which prices are displayed, the Customer’s bank will apply its current change rate at the purchase date, which is beyond the control of natuco.
Once the General Terms and Conditions are accepted, the CUSTOMER proceeds to the payment of his/her order by credit card via Stripe, a third-part provider that ensures the sale’s safety. The CUSTOMER will have to have the following debit or credit card : Carte Bleue®, MasterCard®, VISA® and American Express®.
The goods’ payment can be made by credit card for the whole Territory. The Customer gives his/her contact details, validates the cart and the total price. He/she validates his/her order than is redirected to our partner Stripe’s page where he/she will give his/her credit card informations. The confirmation sent by natuco and received confirms the sale. The sale is then made under the suspensive condition of the availability of the product and of the reception of a confirmation email sent by natuco to the internet user’s email given during the placing of the order.
natuco retains title to goods sold until their delivery to the customer or to the addressee designated by the customer. Non-payment from one or the other can lead to the claim of the goods. Those measures won’t act as barrier to the transfer to the internet user, from the shipping, of the risks of loss and risks of damage of the goods bought as well as the damage they could cause.
natuco has chosen efficient and rigorous in terms of securing payment methods. natuco has adopted Stripe, a solution that uses the SSL (Secure Socket Layer) encryption for the paying method, one of the most efficient securing systems today, and that establishes an encrypted connexion between the Customer and his/her bank.
natuco does not have in any case access to confidential information regarding the Customer’s means of payment used during the payment. That is why the Customer’s bank details will be asked every new order made. Indeed, only Stripe has confidential information that remain closed to third parties.
Even if natuco uses an encrypted security software, the information security and the payment made by Internet or via email cannot be guaranteed. natuco cannot be held responsible of the damages arising from the use of means of electronic communication, including, non-exhaustively, damages arising from the failure or late transmission of a means of electronic communication, the interception or handling of electronic communication by a third party or by computer programmes used for electronic communications and for the viruses transmission.
The dispatch of the Products is made on the Territory described in the present General Terms.
The shipping is made by Courier or Delivery Person, at the Customer’s choice amongst the delivery methods offered and determined according to the weight and dimensions of the package.
The delivery of each product making up the basket can be done independently. The Customer must carefully fill in all the fields of the delivery form when ordering, including his delivery details and indicate a landline or cell phone number. Nor natuco nor the shipping company can be held responsible for the impossible handover due to vagueness or error in the delivery address.
Deliverer : the delivery can be made by a Deliverer for the large or heavy packages. In this case, the Customer is contacted either by email or directly by phone by the Deliverer to arrange an appointment for delivery (hereafter, the ” Appointment”).
During this contact, the Customer must expressly notify any inaccessibility or difficulty to pass that the Deliverer could encounter during the delivery (even if they were previously expressed in the order form).
The Customer is also required to measure his/her home’s the access passages in order to confirm to the Deliverer the accessibility to the Product ordered. All additional delivery costs necessary for the rental of specific equipment (such as forklift trucks) to deal with access difficulties specified by the Customer must be validated and paid by the latter prior to delivery.
Courier : as for the smaller or lighter packages, they could be delivered by Courier. The Customer must indicate a delivery address where a person could receive the package during the first delivery (example : workplace, a friend’s place or a family member’s place, concierge, etc).
Delivery time indicated at the time of the order’s confirmation is calculated in workdays and is specific to each Product. Due to the variety of supply areas, manufacturing and logistical constraints, these lead times are likely to vary and natuco cannot be held responsible.
In case of impossible delivery the day of Appointment due to wrong information, access passages difficulties that weren’t previously reported by the Customer or the Customer’s absence in breach of the commitments taken made during the contract, additional delivery fees may therefore be charged by natuco, that will contact the Customer for the payment of the additional delivery fees before any new delivery of the Product. In case of non-payment of these fees, natuco reserves the right to not proceed to the delivery of the Product. The risks of damage resulting of those contraints will also be at the Customer’s expense.
Postponement of the delivery date / Change of the delivery location
If the Customer wishes to change or postpone the delivery location, he/she will have to warn natuco as soon as possible and at the latest seve (7) working days before the delivery date planned. To inform natuco, the Customer will have to use the “Contact” section available on the Website. The Customer must remind his/her order number, the Product involved and indicate his/her comments to justify the changes. natuco will then accept or decline the modifications via email or phone as soon as possible.
Reception of ordered products
During the delivery, the Customer will have to unwrap the Product in the presence of the Deliverer / the Courier and verify that the Product delivered corresponds to the order made and that no damage has been done to the Product before signing the delivery note. In case of defect, the Customer will then have to precisely write the nature of their reservations on the delivery note. Those reservations must be handwritten, dated, detailed and signed on the delivery note. The mention “damaged product” is not, for example, sufficiently explicit. The Customer must inform about the nature of the damage : scratch, bump, stain, etc. Moreover, if a delivery mistake is noticed, the Customer will have to specify the nature of the mistake : wrong colour, round leg instead of square, wrong reference, etc.
In case of mistake or damage, the Customer has to decline the Product and forward their reservations under five (5) days by email via the “Contact” section on the Website and at the same time by registered letter with an acknowledgement of receipt to the following address : SAS natuco, 16 rue Émile Aola, 69002 Lyon, FRANCE.
Every claim addressed passed this delay cannot be accepted. If the Customer does not deliver any reservations, the Product delivered deemed satisfied and cannot be the object of any further contestation. For instance, the Customer cannot contest nor to natuco, nor to the Deliverer / the Carier, after the leaving of the Deliverer / the Carier, even if the package was not was not open in presence of the latter.
Except for the case of lack of conformity or latent defect, no complaints and/or later reservations will be accepted by natuco, after reception of the Products by the Customer, if the latter did not comply with the procedure described above.
Cancellation Returns and Withdrawal right
The Customer can cancel his/her order, without giving any reason, on the condition that it was not already dispatched.
To ask for a cancellation of order, the Customer must contact natuco by email via the “Contact” section on the Website.
The Customer has fourteen (14) business days started from the reception of the good, to return the order, whatever reason. In case of withdrawal, the full amount of the return fees will be at the Customer’s expense. The delay is calculated in business days : if the term of the delay happens a Satursday, Sunday or holiday, the delay is then extended to the next working day at midnight. In order to facilitate the handling of the Customer’s request for withdrawal, it is possible to do the request to natuco by sending an email in the “Contact” section on the Website.
The procedures for exercising the right of withdrawal are the following :
For the large and/or fragile Products, delivered via a specialist transporter (hereafter the “Deliverer”) or those delivered via Carier, the Customer must contact natuco to organise the taking back of the Product. For a return from home, the Deliverer will make an appointment with the Customer and then check at his home that the Product is in new condition and returned in its original packaging. The Product cannot have traces of usage and must be with all of its accessories as well as instructions or possible installation guideline. If those conditions are gathered, the Deliverer will take back the Product.
natuco will carry out a quality control at the warehouse. The Products must at all cost be brand new, put back in their original packaging, without any traces of usage, along with the accessories, the instructions or possible installation guideline. After verifying that those conditions are satisfied, natuco will refund the amounts received for the returned products. If the conditions are not gathered, the refund of the Customer will be minus the amount corresponding to the loss in value of the Product, noted during the audit.
Once the Products returned in compliance with the hereabove procedure, the refund (which does not include the original delivery fees of the Product) will be made in a thirty (30) days delay maximum following the reception of the returned Products by natuco. Beyond this term, these sums bear interest at the legal rate. The return fees are always at the Customer’s expense. Throughout the procedure, the Customer will be informed by e-mail of the receipt of his wish to withdraw, of the return of his parcel as well as of the date of refund.
natuco protects the Customer against any hidden defect that would affect the sold Products, unless indicated otherwise on the Website in agreement with the French law provisions.
The warranty of hidden defects only applies if the internet user proves that the defect existed before natuco delivered the product.
It falls to the internet user to check the product at his expense to have the proof of the existence of the hidden defect. natuco’s responsibility will not be higher than the value of the product involved. Moreover, no damages can be claimed by the internet user other than those specifically addressed by the Code of Consumption.
The graphic and editorial elements displayed on the Website are natuco’s property and are reserved by way of copyright. The products’ presentation (photographs, videos, drawings, product description, etc), whether they are sold or not, also are natuco or their partners’ (designers, supplier, etc) and cannot be copied without explicit authorisation from their respective holder(s). Every copy or reproduction, every use of a part or all of our graphic and/or editorial elements, or of any presentation of our products is strictly forbidden and constitutes an infringing of our intellectual rights which will be prosecuted and punished per se.
Under the 1978, January 6th Law n°78-17, it is reminded that the named data that are asked to the buyer are necessary to process his/her order.
natuco commits to using their internet user’s confidential information only for the utilisation of their Website.
In case of partnerships, natuco could rent, sell or use their customers’ card to other companies. The use of the customers/members’ information will be done in accordance with their preferences at the time of their registration.
If the Internet user asks not to be in natuco’s database anymore, we commit to deactivate all of the information concerning this member.
natuco could use technical methods to obtain non-personal information related to internet users and intended to improve the Website’s features, by tracking the number of visitors on the Website for example.
Also, natuco collects personal data such as name, first name, address, email address only if those are willingly given by the visitor. The data collected cannot be used as commercial purpose except for those targeted on the Website or that could be used to upgrade natuco’s Website later on.
None of the information can be giver to a third part without the express will of the member at the time of the registration or later on in his/her data management settings. Each member has a right to access, to change, correct or delete data related to them (article 34 of Data Protection Law). To exercise this right, send an email to email@example.com or, by changing your informations in “My Account”.
Liability and Responsibilities
The Customer must verify the exhaustiveness, the truthfulness of the information given to natuco when ordering, especially the delivery address. natuco cannot be held responsible for the typo that could lead to delivery mistakes. The Customer cannot hold natuco responsible for the delivery method and the appointment that he/she will have arranged with the Deliverer. If need be, the fees necessary for the sending back and the storing of the products will be at the customer’s expense.Without detriment to the preceding sections, natuco’s liability cannot exceed an amount equal to the amount paid or payable during the transaction giving rise to the said liability, whatever the cause or form of the action concerned. All irresistible, unforeseeable facts or circumstances beyond the control of the parties are considered as fortuitous events or force majeure exonerating liability, particularly in the event of a total or partial strike by carriers, riots, war and natural disasters.
The choice and the buying of a product by the Customer are under the sole liability of the Customer. Therefore, total or partial inability to use the Products in particular due to incompatibility of the equipment cannot give rise to any compensation, refund or questioning of natuco’s liability, except in case of proven hidden defect, discrepancy, defect or exercise of the right of withdrawal provided for by the French Consumer Code.
The General Terms are carried out and interpreted in accordance with the French Law. The parties will seek, before any dispute, an amicable agreement, being recalled that the latter does not interrupt the deadlines to act as a guarantee.
Any dispute of any kind or relating the formation or execution of the order, even of a warranty claim or multiple defendants, will be, in the absence of amicable agreement, under the exclusive jurisdiction of the Court in which natuco head office’s jurisdiction is. The jurisdiction of the Court will be in accordance with the Code of Civil Procedure when the buyer is not a professional.
The General Terms, orders, email correspondance as well as the sales contract made with the Customer are in the French language for the Territory.
Severability of Clauses
If for any reason the present General Terms of sales were declared void, unenforceable, null and void, illegal or inapplicable because of a law, regulation or following a final decision from a competent Court, this modification cannot call into question the validity, legality or applicability of the other provisions of these General Terms and will not exempt the Internet user from the execution of his/her contractual obligations.