Terms and conditions
www.ninfa-fluida.com (hereinafter the “Website”) is published by the company NINFA FLUIDA, a French “société par actions simplifiée” with a share capital of 70 euros, a registered at 5 rue Francisque Sarcey – 75116 Paris, France, registered with the Paris Company and Trade register under no. 910836345, with an intra-community VAT no. FR35910836345 (hereinafter “NINFA FLUIDA” or the “Company”).
I – GENERAL PROVISIONS
The General Terms and Conditions of Sale detailed below apply to all orders placed with NINFA FLUIDA for all products and services offered on the Website (the “T&C’s”). They can be accessed at any times on the Website.
NINFA FLUIDA reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a client implies complete adherence, without reservation, to these terms and conditions.
II – WEBSITE’S INFORMATION AND ACCESS
www.ninfa-fluida.com is an e-commerce merchant owned and managed by NINFA FLUIDA.
The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by NINFA FLUIDA or its providers, for technical maintenance and/or security reasons, cases of circumstances outside of its control, i.e. “force majeure events” as recognised by the French courts or personal reasons. NiNFA FLUIDA is not liable for any damage incurred by an unavailability of the Websites.
NINFA FLUIDA does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, NINFA FLUIDA may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.
NINFA FLUIDA reserves the right to update the Website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
III – SUBSCRIPTION TO THE WEBSITE
To place an order, the client shall at first create a personal account by filling its personal data (the “Personal Account”).
Subscription of the client shall be validated by NINFA FLUIDA after checking the standard form filled by the client. A confirmation of the subscription is sent to the client by email.
By creating the Personal Account, the client ensures the accuracy and completeness of the data provided. Client shall update its personal data. If an error occurs relating to the recipient address, NINFA FLUIDA shall not be held liable in case of any inability to deliver the products ordered.
In order to place an order, client must have attained majority and enjoy its full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to NINFA FLUIDA’s payment provider. NINFA FLUIDA reserves the right to refuse any request or order and to close an account at its sole discretion.
IV – PRODUCTS
The products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot held the liability of NINFA FLUIDA. NINFA FLUIDA cannot be liable in case of an order cancellation because of stock depletion.
NINFA FLUIDA takes the greatest care in the presentation and description of the products in order to provide the client with the best possible information. However, some non-substantial errors may appear on the Website, which the client acknowledges and agrees to.
It is possible that client may receive an item previously returned by another person. Nevertheless, intact items are only accepted, after thorough check before being placed back in stock.
In any case, in the event of nonconformity of the product delivered compared to its description on the Website, the client may either exercise his right of withdrawal, or implement the NINFA FLUIDA Bili guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
V – ORDER
Acceptance of an order placed on the Website are subject to compliance with the procedure put in place by NINFA FLUIDA, expressed by a succession of different stages that the client shall follow in order to validate their order.
Client may at any time change or remove the products added in its bag (the “Bag”). The Bag summarizes the products selected by the client, as well as its price, V.A.T. and shipping costs, excluding customs and other taxes. Client may modify at any time its Bag before validating the order.
The price paid by the client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the client to the carrier.
Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the client by NINFA FLUIDA. For this purpose, the client formally accepts the use of email for receiving confirmation of the contents of their order from the company NINFA FLUIDA. In any event, the invoices are available in the 'my account’ section.
VI – ORDER REFUSAL
NINFA FLUIDA reserves the right to remove at any time any product displayed on the Website and/or to replace or modify any content or information related to any product. Despite the best efforts of NINFA FLUIDA to satisfy the client expectations, NINFA FLUIDA may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
NINFA FLUIDA cannot be held liable to the client or a third party in case of the removal of a product from the Website and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
NINFA FLUIDA reserves the right to refuse or cancel any Order placed by a client with whom NINFA FLUIDA has currently a dispute concerning the payment of a previous order or an objective suspicion of fraud.
VII – PRICES AND TERMS OF PAYMENT
Price are mentioned in the Websites in Euros, or any V.A.T. applicable in the delivery country located in European Union. Prices includes V.A.T. but excluded any customs duties and other taxes.
Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
NINFA FLUIDA reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order.
The purchases shall be settled either via PayPal, or via the secure platform Stripe provided by Squarespace. The client expressly acknowledges that disclosure of their bank card number to NINFA FLUIDA gives the company authorization to debit their account to the amount of the products ordered. As the case may be, a notice of the order cancellation for error of payment is sent to the client by NINFA FLUIDA to the email address registered by the client.
Client may at its discretion save its payment card details for next purchase. Such information is kept and processed by Stripe. NINFA FLUIDA will never keep payment card details.
The data recorded and kept by NINFA FLUIDA constitutes proof of the order and all previous transactions. The data recorded by PayPal or Stripe constitutes proof of the financial transactions.
Note: our e-commerce transactions are processed in and shipped from France. Hence, some international banks or credit cards charge a foreign transaction fee for online purchases from online stores based in the European Union. NINFA FLUIDA does not charge such fee. Please contact your bank or credit card company before purchasing to confirm, and email ewa@ninfa-fluida.com for any questions.
VIII – DELIVERY
Deliveries are carried out by Colissimo, Monday to Saturday, depending on the conditions at the time of validating their order.
Delivery operates at the time of the transfer of the product’s physical possession to the client (the “Delivery”). The risk of lost or deterioration of the Product is transferred to the client at the time of the Delivery.
Delivery prices applicable to the Order are those indicated on the Website at the time of the Order in the section “Delivery and returns”.
The delivery is made to the delivery address indicated by the client, being specified that it must be the address of the client’s residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
Client must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client, products will be returned to NINFA FLUIDA which reimburse the Client within five (5) days of the products’ receipt by NINFA FLUIDA.
Orders are shipped within 15 business days at most for a Delivery in metropolitan France and 20 business days for an International Delivery, from the first business date after the confirmation of the Order. Nevertheless, the period may be extended up to 10 working days from November 23 to December 31, considering the significant increase of the orders volume.
Unfortunately, NINFA FLUIDA cannot deliver everywhere in the world for legal reasons.
NINFA FLUIDA cannot be liable for the late Delivery caused by a case of force majeure (as defined below).
If the delivery time is exceeded and is not justified by a case of force majeure, the client may request the cancellation of the sale and within a maximum period of 15 days will receive a refund of the Order. NINFA FLUIDA cannot be liable of any direct or indirect damage resulting from delay of delivery.
IX. RIGHT – RETURNS & REFUNDS
9.1 Withdrawal right’s duration and conditions
Any non-professional customer could use its withdrawal right during a period of fourteen (14) days from the Delivery.
In such case, the client must fill the return form available in their personal account in the orders section, either send the withdrawal form available at the end of the T&C’s to NINFA FLUIDA at ewa@ninfa-fluida.com or by mail at NINFA FLUIDA 5 rue Francisque Sarcey – 75116 Paris, France. The return request will be confirmed by NINFA FLUIDA to the client by email. The client must follow the procedure mentioned into the email confirmation.
9.2 Return conditions in case of the use of the withdrawal right
The products must be returned to NINFA FLUIDA Bili within 14 days from the use of the withdrawal right by the client. After such 14 days, the sale is final. The products shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it.
Return of the product(s) is the responsibility of the customer if the order was placed from abroad and is at their own risk.
If the client does not adhere to these terms and conditions, including conditions of return or exchange, NINFA FLUIDA cannot proceed to refund the products in question.
9.3 Refunds
A refund by NINFA FLUIDA for the order returned is made within 14 days by the communication by the client of the withdrawal right, subject to the receipt of the Products and its excellent condition.
Repayment will be made through the same payment means used to pay the Order. If the payment means is expired, the Client shall contact the customer service to update the payment means. NINFA FLUIDA can not be liable if the repayment is made on an expired payment means.
The repayment of an order paid by gift card or a voucher will always be by voucher.
X. GUARANTEES AND RESPONSIBILITY
NINFA FLUIDA’s liability related to the Products is limited to the sale price of each product. NINFA FLUIDA will not be responsible or liable for any following losses, whenever its cause:
– Loss of benefit or sales
– Loss or revenue
– Loss of profits or contract or opportunity
– Loss of expecting savings
– Loss of data
– Loss of business, management or administration time
– Damage to the image
– Lost chance and especially of sale or purchase of a product
– Psychological damage.
Documents, details, descriptions and information related to the Products published on the Websites are not covered under any guarantee, express or implicit, except the guarantees provided by law.
NINFA FLUIDA makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the server that makes it available. In this respect the client agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Website is done at client’s own risk and the client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
NINFA FLUIDA is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Websites; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.
According to legal regulations, NINFA FLUIDA guarantees the clients against compliance and latent defects, under the following conditions:
Non-compliance, latent defects
In case of visible defect of a Product, the client shall send a demand to ewa@ninfa-fluida.com and according to the withdrawal right conditions detailed in section IX- reporting the defect in order for NINFA FLUIDA to accept the return.
XI. PARTIAL INVALIDITY
If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
XII. APPLICABLE LAW – MEDIATION AND JURISDICTION
These General T&Cs are governed by the laws of France.
In the event of a dispute between the customers and NINFA FLUIDA concerning the interpretation, performance or termination of this T&C’s, NINFA FLUIDA strongly encourages the client to contact the company in the first instance to attempt to resolve the disagreement amicably. NINFA FLUIDA hereby notifies clients that there are alternative dispute settlement options such as mediation or arbitration.In case of a dispute between the client and NINFA FLUIDA not resolved by the Customer Service, the client may contact the platform for amicable solutions as per European Commission available at http://ec.europa.eu/consumers/odr/;
If no amicable solution to the dispute is found, NINFA FLUIDA and the customer agree to refer the dispute to the French courts. The terms of this article do not deprive consumers of their right to take legal action, or to defense in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.
EXHIBIT 1 – TEMPLATE OF WITHDRAWAL FORM
(To be completed and sent, with the order number in case of the use of the withdrawal right.)
For the attention of NINFA FLUIDA – 5 rue Francisque Sarcey, 75116 Paris, France
Email : ewa@ninfa-fluida.com
I hereby give notice that I withdraw from my contract of sale of the following products:Purchased on ……………..(date of the order) and/or received on ……………..(Delivery date)Customer name :Customer address :Customer signature (only in case of notification in hardcopy)Date : For any information, please contact at ewa@ninfa-fluida.com.
LEGAL INFORMATION
It should be noted that confidentiality of data exchanges is not guaranteed over the Internet, and that every internet user is required to take all appropriate measures to protect their own data and/or software from contamination of any possible viruses circulating on the Internet.
I. CREATOR
NINFA FLUIDA, a French “société par actions simplifiée”, with a share capital of 70€, registered with the Paris Trade and Companies Register under number 910836345, registered at 5 rue Francisque Sarcey, 75116 Paris, France.CEO : Mrs. Ewa Schreiber in her capacity as the artist and content creator. Contact : ewa@ninfa-fluida.com
II. HOST
Squarespace
III. DESIGN & PRODUCTION
NINFA FLUIDA
IV. PERSONAL DATA AND COOKIES
In accordance with the provisions of the French Act No. 78-17 of 6 January 1978 relative to information technology, files and freedoms, the Website was the subject of a declaration to the CNIL (Commission Nationale Informatique et Libertés - French Data Protection Authority) under number 2039445.
All your account information is only used in the context of your business relationship with www.ninfa-fluida.com. This information is never shared with third parties or resold. Finally, NINFA FLUIDA does not store any bank details. Transactions are processed entirely by PayPal or the secure payment module of our partner Stripe. To improve our service, the Website may use cookies. This means Clients do not have to log in each time you visit. A cookie is a computer file stored on Client’s hard disk, allowing the Client to be recognized, without time limitation. Clients can of course delete these cookies by disabling their use in their browser.