Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the company Ouni Wahid, whose registered office is at 266 avenues chanoine côté (hereinafter "Novalge").

Hereinafter referred to as:

"Site": the website "https://novalge.com/" and all its pages, exclusively owned by the Company.

"Products" or "Services": all products (goods) and services (benefits) that can be purchased or subscribed to on the Site.

"Seller": Novalge, a legal entity or individual, offering its Products or Services on the Site.

"Client": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.

"Consumer", in accordance with the definition of the preliminary article of the Consumer Code: "any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity".

The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to carefully read these GTC, to print them and/or save them on a durable medium, before placing an order on the Site.

The Client acknowledges having read the GTC and accepts them in full.

Article 2 – Application of the GTC and purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version thereof on the Site.

The GTC applicable to the Client are those in force on the day of their order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general terms of use, the legal notices and the data charter of this Site.

This Site offers the online sale of products to specify the type of product sold (niche/sub-niche).

The Site is freely accessible to all Clients. The acquisition of a Product or Service implies the Client's full acceptance of these GTC, who acknowledges having fully read them. This acceptance may consist, for example, of the Client checking the box corresponding to the acceptance phrase of these GTC, for example stating "I acknowledge having read and accepted all of the Site's general conditions". Checking this box will be deemed to have the same value as a handwritten signature from the Client.

The acceptance of these GTC implies that Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator or their legal representative.

The Client acknowledges the evidentiary value of the Seller's automatic recording systems and, unless they provide proof to the contrary, waives the right to contest them in the event of a dispute.

Any Order for Products implies the Client's unreserved acceptance and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly agreed otherwise by the Company in advance.

Article 3 – Customer service

The customer service of this Site is accessible by email at the following address: "https://novalge.com/" via form or by postal mail at the address indicated in the legal notices. The Client must indicate in the email their first name, last name, the subject of their request and their Order number.

For any professional request (partnership, media, contract proposal), the Company can only be reached by email at contact@novalge.com.

Article 4 – How to place orders and description of the purchasing process

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description prepared by the Seller based on descriptions provided by the supplier.

The photos on the Site are not contractual and may vary slightly from the photographed models. These variations are due to the setting parameters of different screens and cameras, product lighting, shooting angle, etc.

"Cart" is defined below as the intangible object bringing together all the Products or Services selected by the Site Client for purchase by clicking on these items. To place their order, the Client chooses the Product(s) they wish to order by adding them to their "Cart", the content of which can be modified at any time.

The Client places the Order via the Site: the Client registers and validates the Order on the Site.
To place an Order on the Site, the Client freely selects one or more Products from the Site's catalog by clicking on the "add to Cart" button. On the "Cart" page, the Client can check the details of their Order and correct any errors before confirming it.
On the "Information" page, the Client must enter their contact information. They can choose to track their Order by email by checking the required box.
On the "Delivery" page, the Client must choose their preferred shipping method.
On the "Confirmation" page, the Client must enter their banking details and billing address. The Client also has the option of entering a promotional code if they have one.
A complete summary of the Order appears. The Client has the option to modify all elements of the Order before finalization. The Client is responsible for any errors relating to the Order, Products and contact information.
The sale is validly formed when the Client has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has made payment according to the chosen methods, subject to the exercise of the right of withdrawal.

The order validation date corresponds to the date of effective receipt of the full price including all taxes duly noted.

Article 5 – Price and payment terms

Unless otherwise stated, the prices in the catalog are in Canadian dollars, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any processing and shipping costs.

Novalge reserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Client.

The Client can place an order on this Site and can make payment by Credit Card, Apple Pay or Paypal. Credit card payments are made through secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Client's payment methods. Payment is made directly to the bank or payment provider receiving the Client's payment. In the case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC only begin to run from the actual date of receipt of payment by the Seller, who may provide proof of this by any means. The availability of Products is indicated on the Site, in the descriptive sheet of each Product.

Novalge will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 6 – Deliveries

Delivery fees will be indicated to the Client before any payment. The Site has no geographical delivery limitations; orders can be shipped worldwide. The delivery times indicated during the order are for informational purposes and remain dependent on possible delays from postal services or other special circumstances preventing delivery (demonstrations, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in French overseas departments and territories, the Client declares himself the importer of the Product and accepts that in such a case the Seller may be physically unable to provide him with accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Client.

During a hand-delivered delivery, the customer may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then imperatively be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. In the case of mailbox delivery, the customer undertakes to immediately check the package and contact Novalge support if they notice any anomaly. Failing to comply with these requirements, the Customer will not be able to exercise their right of refusal, and the Seller will not be obliged to grant the Customer's request to exercise the right of refusal.

If the Client's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Client upon receipt of the returned package to ask for further instructions regarding their order. If the Client mistakenly refused the package, they can request its reshipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders for which shipping was offered at the time of the initial order.

In case of delivery error or exchange (if the right of withdrawal is applicable, meaning if the Client is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Client cannot be attributed to the Seller.

Any delivery delay compared to the date or deadline indicated to the Consumer Client when placing their order or, in the absence of a date or deadline indicated when ordering, exceeding thirty (30) days from the conclusion of the contract may lead to the cancellation of the sale at the initiative of the Consumer Client, upon written request from them by registered letter with acknowledgment of receipt, if after having urged the Seller to make the delivery, the Seller has not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

Specific case of a package whose tracking number indicates that it has been "delivered" but not received in the mailbox: if the Client notices and informs the Seller that the package is not in their mailbox despite its tracking number indicating that it has been "delivered", customer service may request additional information as well as an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Seller will then make every effort to ensure Client satisfaction, notably by offering the immediate reshipment of products at its own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Client has fourteen (14) working days from the date of receipt of their ordered product to withdraw. They will be required to return any unsuitable product and request an exchange or refund without penalties, with the exception of return shipping costs, within fourteen days from Novalge's receipt of the refund request.

The Product must be returned in perfect condition, in its original packaging (blister pack) and unused. The Consumer Client can find below a standard withdrawal form for an order placed on the Site, to be sent to Novalge. It is understood that the Client will bear the costs of returning the Product in case of withdrawal.

The Client is recommended to return the package using a solution that allows for package tracking. Otherwise, if the returned package does not reach the Seller, it will not be possible to initiate an inquiry with postal services to request them to locate it.

The refund will be made using the same payment method chosen by the Client for the initial transaction, unless the Client expressly agrees that the Seller uses another payment method, and provided that the refund does not incur any costs for the Client.

The Seller also reserves the right to postpone the refund until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such a demonstration has not been made previously.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client's liability may be engaged.

In accordance with Article L121-17 of the Consumer Code, ("Hamon law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

To:

Wahid Ouni

Postal address

I / We (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the goods below:

Order number:

Name / First name:

Phone number:

Email address:

Postal address:

Reason for complaint:

Exchange* (specify desired product)
Refund* (attach full bank details with IBAN and BIC)

Signature of Client(s) (only in case of notification of this form on paper):

Date:

(*) Delete as appropriate.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The consumer may decide to invoke the warranty against hidden defects of the item sold as defined in article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any warranty; if this warranty is invoked, the buyer has the choice between rescinding the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arose, in accordance with article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees, as provided by the Civil Code:

Legal warranty of conformity

The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be liable for any defects in conformity existing at the time of delivery of the Product. The warranty of conformity may be exercised if a defect exists on the day the Product is taken possession of.

However, it will be up to the Client to prove that the defect did exist at the time the Product was taken possession of.

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the seriousness of the defect. The seller is then obliged to proceed, unless impossible, according to the option not chosen by the buyer."

Legal warranty against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If an exchange of the Product is impossible (obsolete Product, out of stock, etc.), the Client will be reimbursed by cheque or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including return shipping costs for the Product) are then borne by the Seller.

Article 9 – Liability

The Seller Novalge cannot be held responsible for the non-performance of the concluded contract due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller shall not incur any liability for any indirect damages arising from these presents, loss of operation, loss of profit, damages or costs, which may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Client. The total or partial inability to use the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, i.e., if the Client is not a Consumer Client and the contract entered into to acquire the Product or Service allows withdrawal, according to Article L 121-21 of the Consumer Code.

The Client expressly acknowledges using the Site at their own risk and under their sole responsibility. In any event, Novalge cannot be held liable for:

any direct or indirect damage, including loss of profits, loss of income, loss of clientele, loss of data that may result, among other things, from the use of the Site, or conversely from the impossibility of its use;
a malfunction, unavailability of access, improper use, incorrect configuration of the Client's computer, or the use of a browser not commonly used by the Client;
the content of advertisements and other links or external sources accessible by Clients from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.

Article 10 – Force majeure

In accordance with article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably avoid or overcome, to the extent that their occurrence makes the performance of obligations totally impossible, are considered as cases of force majeure or fortuitous events.

The occurrence of a force majeure event shall automatically suspend the execution of the Order.

Beyond a period of ninety (90) calendar days, if the parties determine that the force majeure event persists, the Order may be cancelled by either party, and the sales contract terminated. To this effect, the most diligent party shall send the other party a registered letter with acknowledgement of receipt denouncing the said sales contract.

The effective date of termination shall be the date of the first presentation of the letter. In this event, neither party may claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even implicitly authorized, must be removed upon simple request from the Company.

Only the use of the Site for private use is authorized, subject to different or more restrictive provisions of the Intellectual Property Code.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes infringement and is punishable under Intellectual Property law unless prior authorization is obtained.

Any reproduction, representation, adaptation of logos, textual, pictorial or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.

Any Client who commits counterfeiting may have their account deleted without notice or compensation and without this deletion constituting damage, without prejudice to any subsequent legal action against them, at the initiative of the Seller or their agent.

The trademarks and logos contained on the Site may be registered by Navlage, or possibly by one of its partners. Any person who represents, reproduces, embeds, disseminates and redistributes them incurs the penalties provided for in articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 – Processing of personal data

The Company collects Client data:
a) for the purpose of processing and tracking the Client's Order on its Site; (and/or)
b) for the purpose of being able to contact you about various events related to the Company, including updating Products and managing customer relations; (and/or)
c) for the purpose of collecting information allowing us to improve the Site and our Products (particularly through cookies).

The collected data is processed by the contractual service providers of the Site who are responsible for packaging and distributing the ordered Products as well as by the hosting provider Shopify Inc., whose servers are secured and protected by a firewall.

The collected data is retained by the Company only for the time corresponding to the purposes of the collection mentioned above and which shall in no case exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Client has a right of access, modification, rectification, deletion, or opposition for legitimate reasons, regarding their data.

The Client can exercise their rights by e-mail to contact@novalge.com.

Article 13 – User Comments and Other Submissions

If the Client sends ideas, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), at the Company's request or not, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the Client sends to it.

The Company is not and shall not be obliged (1) to maintain the confidentiality of any comments; (2) to pay compensation for any comments provided; (3) to respond to any comments.

The Company may monitor, edit or remove content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these General Terms and Conditions of Sale.

The Client agrees that their comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. The Client further agrees that their comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. The Client may not use a false e-mail address, pretend to be someone other than themselves, or otherwise mislead the Company or third-parties as to the origin of any comments.

The Client is solely responsible for any comments they make and their accuracy. The Company takes no responsibility and assumes no liability for any comments posted by the Client or any third party.

Article 14 – Severability of Clauses

If any provision of the GTC is determined to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these GTC and shall not affect the validity and enforceability of any remaining provisions.

These GTC supersede all prior or contemporaneous agreements, written or oral. The GTC are not assignable, transferable or sublicensable by the Client themselves.

A printed version of the GTC and of any notices given in electronic form shall be admissible in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be written in French.

Article 15 – Applicable Law and Mediation

The General Terms and Conditions of Sale are subject to French law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or opposed, stolen or falsified bank card. In this context, no amicable conciliation attempt will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and does not exempt the Client from the performance of their contractual obligations.

Indemnity

You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the website or our products and services, your violation of the terms, or your breach of your acknowledgements, agreements, representations, warranties and obligations hereunder.

National or cross-border disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract may be submitted to mediation at the Client's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, an ombudsman accredited by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Clients, for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and allows Clients to submit a mediation request online, accompanied by supporting documents.

The dispute cannot be examined by the Mediator if:

- the Client has not previously attempted to resolve their dispute directly with the Company by written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has previously been examined or is currently being examined by another mediator or by a court,

- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,

- the dispute does not fall within its scope of competence.

Mediation is free for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of their choice or an expert to defend them, they will bear the costs alone.

The Mediator may not receive any instructions from the parties or be remunerated based on the outcome.

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent French court.

The fact that a clause of these General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and shall not exempt the Client from the performance of their contractual obligations.

Parts warranty:

The warranty is limited to 30 days following the date of purchase under normal conditions of use and excluding breakdowns caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.

Article 16: SMS Policy

SMS Policy:

By consenting to Novalge SMS marketing during checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders), SMS marketing offers, and transactional SMS, including review requests from us, even if your mobile number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

For any questions, please text HELP to the number from which you received the messages. You can also contact us at https://novalge.com/pages/contact or email us at contact@novalge.com for more information.

We have the right to change any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code that we have changed, including STOP or HELP requests, may not be received, and we will not be responsible for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for the failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.

Your right to privacy is important to us. You can review our privacy policy: https://novalge.com/policies/privacy-policy to determine how we collect and use your personal information.

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