Terms of sale

ARTICLE 1 - Scope

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Nuva Home ("the Seller") to consumers and non-professional buyers ("the Customers" or "the Customer"), wishing to acquire the products offered for sale by the Seller ("the Products") on the nuvahome.fr website.

They specify in particular the conditions of ordering, payment, delivery, and management of any returns of Products ordered by Customers.

These General Terms and Conditions of Sale may be supplemented by special conditions, stated on the website, prior to any transaction with the Customer.

They are accessible at any time on the nuvahome.fr website and will prevail, where applicable, over any other version or any other contradictory document.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.

ARTICLE 2 - Products offered for sale

The Products offered for sale on the nuvahome.fr website are as follows:

  • Sofas
  • Armchairs
  • Coffee tables
  • Indoor and outdoor lighting
  • Cushions and decorative items

The main characteristics of the Products, including specifications, illustrations, and dimensions, are presented on the nuvahome.fr website.

The Customer is required to review them before placing any order. The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the nuvahome.fr website are not contractual and shall not engage the Seller's liability.

The Customer must refer to the description of each Product in order to know its properties, essential characteristics, and delivery times.

Contractual information is presented in French and is confirmed no later than when the Customer validates the order.

ARTICLE 3 - Validity period of the Product offer

Product offers are valid within the limit of available stock, as specified when the order is placed.

ARTICLE 4 - Seller's contact information

The Seller's contact information is as follows:

WEXZO, 17 boulevard de Berlin, Nantes

Email: contact@nuvahome.fr Phone: +33 7 56 93 61 83

In accordance with the Data Protection Act of January 6, 1978, strengthened and supplemented by the GDPR which came into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, objection, erasure, and portability of all their personal data by writing, by mail and providing proof of identity, to the Seller's address mentioned above.

Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.

The Customer acknowledges having the capacity required to enter into a contract and acquire the Products offered on the nuvahome.fr website.

ARTICLE 5 - Orders

5.1 Placing an order

It is up to the Customer to select on the nuvahome.fr website the Products they wish to order. The Customer has the option to check the details of their order, its total price, and to correct any errors before confirming acceptance. It is the Customer's responsibility to verify the accuracy of the order and to immediately report or correct any error.

An order is registered on the nuvahome.fr website when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of the entirety of these General Terms and Conditions of Sale as well as the general terms of use of the website.

The sale is final only after the Seller sends the Customer confirmation of acceptance of the order by email, sent without delay and after the Seller has collected the full price.

Any order placed, validated by the Customer, and confirmed by the Seller constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment of a previous order.

The Seller does not intend to sell the Products on the nuvahome.fr website to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities exceeding 10 units.

5.2 Modification of the order

Any modifications to the order by the Customer can only be taken into account by the Seller within the limits of its possibilities and provided they are notified by email to contact@nuvahome.fr to the Seller at least 2 days before the scheduled shipping date of the order.

In the event that these modifications cannot be accepted by the Seller, any sums paid when placing the order by the Customer will be refunded within a maximum period of 14 days from notification of the impossibility of accepting the requested modifications.

5.3 Cancellation of the order

Orders may be cancelled by the Customer, other than through the exercise of the right of withdrawal or in cases of force majeure, at least 2 days before the scheduled date for delivery of the ordered Products, at no cost to the Customer.

ARTICLE 6 - Prices

Products are supplied at the prices in effect on the nuvahome.fr website when the order is registered by the Seller. Prices are expressed in Euros, including all taxes.

These prices are fixed and non-revisable during their period of validity, as indicated on the website, the Seller reserving the right, outside this period of validity, to modify prices at any time. They include processing, shipping, transport, and delivery costs.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

ARTICLE 7 - Payment terms

The price is payable in cash, in full on the day the Customer places the order, by secure payment, according to the following terms:

  • By bank card: Bank Card, Visa, MasterCard, American Express
  • Other payment methods offered on the site (Apple Pay, Google Pay, PayPal, subject to availability)

Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and refund of the corresponding sums.

ARTICLE 8 - Deliveries

Products ordered by the Customer will be delivered within mainland France.

The delivery time corresponds to the shipping time indicated on the Product page, plus processing and transit time. Products are delivered within an average timeframe indicated on the site to the address provided by the Customer when ordering.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, ordered Products will be delivered in a single shipment.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the indicated timeframes. However, these timeframes are provided for information purposes only. If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's own doing, the sale may be terminated at the Customer's written request under the conditions set out in articles L 216-2, L 216-3, and L 241-4 of the Consumer Code. The sums paid by the Customer will then be refunded no later than fourteen days following the date of termination of the contract.

In the event of non-conformity of the delivered Product, the Seller undertakes to remedy it or refund the Customer, as indicated in the article "Seller's Liability - Warranty."

The Seller bears the risks of transport and is required to reimburse the Customer in the event of damage caused during transport.

ARTICLE 9 - Transfer of ownership - Transfer of risk

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the Customer, regardless of the delivery date of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.

ARTICLE 10 - Right of withdrawal

In accordance with applicable legal provisions, the Customer has a period of fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify any reason or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition.

Returns must be made in their original, complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted.

The right of withdrawal may be exercised online, using the withdrawal form available in the appendix, or by any other unambiguous statement expressing the wish to withdraw.

In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) and standard delivery costs are refunded; return costs remain the responsibility of the Customer, unless otherwise stated on the site.

The refund will be made within a maximum of fourteen days from notification to the Seller of the decision to withdraw.

ARTICLE 11 - Seller's liability - Warranty

The Products sold on the nuvahome.fr website comply with regulations in force in France and have performance compatible with non-professional use.

The Products supplied by the Seller benefit as of right and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions:

  • the legal warranty of conformity, for Products that are apparently defective, damaged, or do not correspond to the order,
  • the legal warranty against hidden defects arising from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use.

Under the legal warranty of conformity, the Customer has a period of two years from delivery of the goods to take action against the Seller; they may choose between repair or replacement of the ordered Product, subject to the cost conditions provided for in article L 217-9 of the Consumer Code.

The Customer may decide to invoke the warranty against hidden defects in accordance with article 1641 of the Civil Code; in this case, they may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

The Seller will refund or replace Products or parts under warranty deemed non-compliant or defective. Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of supporting documents.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days after the Seller's finding of the non-conformity or hidden defect.

The Seller's liability cannot be engaged in the following cases: misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, normal wear of the Product, accident, or force majeure.

ARTICLE 12 - Protection of personal data

Pursuant to law 78-17 of January 6, 1978 as amended by law no. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for processing their order and issuing invoices. This data may be shared with the Seller's partners responsible for the execution, processing, management, and payment of orders.

In accordance with applicable national and European regulations, the Customer has a permanent right of access, modification, rectification, objection, portability, and restriction of processing regarding information concerning them.

ARTICLE 13 - Intellectual property

The content of the nuvahome.fr website is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited.

ARTICLE 14 - Unforeseeability

These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in article 1195 of the Civil Code for all sales transactions of Products from the Seller to the Customer.

ARTICLE 15 - Force majeure

The Parties cannot be held liable if the non-performance or delay in performance of any of their obligations results from a case of force majeure, within the meaning of article 1218 of the Civil Code.

ARTICLE 16 - Applicable law - Language

These General Terms and Conditions of Sale and the resulting transactions are governed by French law and drafted in French.

ARTICLE 17 - Disputes

All disputes to which purchase and sale transactions concluded pursuant to these general terms and conditions of sale may give rise, and which could not be resolved between the seller and the customer, will be submitted to the competent courts under ordinary law conditions.

The Customer is informed that they may in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Code art. L 612-1) or with existing sectoral mediation bodies, in the event of a dispute.

Mediator for the nuvahome.fr website: CM2C, 14 rue Saint Jean, 75017 Paris, Tel: 01 89 47 00 14.

ARTICLE 18 - Pre-contractual information - Customer acceptance

The fact that a natural person (or legal entity) places an order on the nuvahome.fr website implies full adherence to and acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered.

APPENDICES

APPENDIX 1 - Provisions relating to legal warranties

Article L217-4 of the Consumer Code — The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

Article L217-5 of the Consumer Code — To conform to the contract, the goods must be fit for the purpose usually expected of similar goods and, where applicable, correspond to the description given by the seller.

Article L217-12 of the Consumer Code — Action resulting from a lack of conformity is time-barred after two years from delivery of the goods.

Article 1641 of the Civil Code — The seller is bound by a warranty on account of hidden defects in the item sold that render it unfit for its intended use.

Article 1648, first paragraph, of the Civil Code — Action resulting from redhibitory defects must be brought by the buyer within two years of discovery of the defect.

APPENDIX 2 - Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on nuvahome.fr.

For the attention of Nuva Home, by email: contact@nuvahome.fr

  • Order date: ...........................................................
  • Order number: ...........................................................
  • Customer name: ...........................................................................
  • Customer address: .......................................................................

Customer signature (only if this form is notified on paper)