Terms of sale
Article 1 - GENERAL PROVISIONS - SCOPE:
1.1. These General Terms and Conditions of Sale ("the GTC") determine the rights and obligations of the parties in the context of online sales of Products offered by the company THIAFFEY ("the Company").
1.2. Any Order placed on the website www.digital-nowmad.com implies prior acceptance without restriction of these General Terms and Conditions of Sale, which are subject to French law. These GTC therefore form an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer who declares that they have read and accepted them without restriction or reservation before placing the Order.
1.3. These GTC apply to any Order placed by a legal adult acting as a consumer. The Customer therefore confirms that they are a natural person over 18 years old, acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, professional, or agricultural activity. The Customer acknowledges having full capacity to enter into obligations when placing an Order and undertakes to provide truthful information regarding their identity.
1.4. EXCLUSION: These GTC expressly exclude persons acting in a professional capacity, namely natural or legal persons, public or private, acting for purposes falling within the scope of their commercial, industrial, artisanal, professional, or agricultural activity, including if they act on behalf of or for the account of another professional.
Professionals wishing to place an Order with the Company are invited to contact us directly.
1.5. The GTC applicable to each Order are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. The Company reserves the right to modify them at any time by publishing a new version on its website. These GTC can be consulted on the Company's website at the following address: www.digital-nowmad.com and are downloadable in PDF format.
Article 2 - ONLINE CONTRACT CONCLUSION:
2.1. Order Placement Process.
To purchase one or more Products on the website, the Customer selects each Product and adds it to their cart. Once their selection is complete, they must confirm their cart to proceed with the Order (1st click).
At this stage, the Customer is redirected to a page containing:
A summary of the selected Products, their corresponding prices, terms, and delivery charges. It is the Customer's responsibility to verify and, if necessary, correct the contents of their cart.
These GTC. The Customer must read them carefully before validating the entire Order.
This validation of the Order after verifying the cart and reading the GTC (2nd click) constitutes the conclusion of the Contract, and the Customer acknowledges that the 2nd click results in an obligation to pay on their part.
The Customer is then redirected to the payment page. They can choose between the different payment methods offered and proceed to pay for their Order.
After validating their Order and making the payment, the Customer receives a confirmation message from the Company at the email address provided to create their account. This message contains:
A summary of their order (selected Products, prices, terms, and delivery charges);
Precise identification of the Auto-Enterprise THIAFFEY and its activity;
The Order number;
Terms, conditions, and withdrawal form;
These GTC.
If the Customer does not receive the Order confirmation, it is recommended to contact the Company via the contact form on the website.
The Customer then receives an electronic purchase invoice, which the Customer expressly accepts.
It is strongly recommended that the Customer retains this confirmation message and the purchase invoice, which is also transmitted electronically, as these documents can be used as proof of the Contract.
2.2. Cases of Order Refusal by the Company.
The Company reserves the right to refuse the Customer's Order for any legitimate reason, such as:
Order not compliant with the GTC;
Quantities ordered not corresponding to normal consumption by a consumer Customer;
Non-payment of a previous Order or ongoing dispute regarding a previous Order;
Suspicion of fraud on the Order (supported by a concurrence of consistent indications).
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS:
3.1. Product Specifications.
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, if applicable, information on the use of the product.
Although the Company reasonably ensures that the specifications are accurate, these specifications, except for pricing information, are provided by the Company's suppliers. Therefore, the Company disclaims any responsibility for any errors that may be contained in the specifications.
Specifications are presented in detail and in French. The Parties agree that illustrations, videos, or photos of the Products offered for sale have no contractual value. The validity period of the Products offered for sale and their prices are specified on the Company's websites.
3.2. Product Availability.
Product offers are valid while stocks last from our suppliers. This product availability is normally indicated on the specific Product page.
However, since the Company does not reserve stock (except in particular cases of Products indicated for pre-order on the Product sheet), adding a Product to the cart does not guarantee absolutely the availability of the Product or its price.
In the event that a Product becomes unavailable after the Customer's Order has been validated, the Company will immediately inform them by email. The Order will be automatically canceled, and the Company will refund the price of the originally ordered Product, as well as any amount paid for the Order.
However, if the Order contains other Products than the one that became unavailable, those will be delivered to the Customer, and the delivery charges will not be refunded.
Article 4 - PRODUCT PRICES:
4.1. Reference Prices Indicated on the Sites.
The reference price of the Products offered on the site is the price recommended by the brand, manufacturer, or its official representative. Failing that, it is a price determined based on the prices at which the Product is commonly sold in a panel of distributing stores. This price is updated as soon as the brand, manufacturer, or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of stores is modified.
4.2. Modification of Prices Indicated on the Sites.
The prices of the Products are indicated on the Product description pages. They are indicated inclusive of all taxes. The Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.
The Products ordered will be invoiced based on the price in effect on the site at the time of Order validation.
4.3. Product Prices and Taxes.
The product sheet indicates prices in euros, all taxes included, and are not subject to VAT.
The auto-enterprise THIAFFEY benefits from VAT exemption (non-applicable VAT, article 293B of the French Tax Code).
For the sake of simplicity, the prices of the Product(s) include packaging, conditioning, shipping, transportation, and delivery of the Product(s) to the delivery address.
Insurance costs are not included.
Article 5 - PAYMENT OF PRODUCT PRICES:
5.1. Timing of Payment.
The full payment of the Order price must be made immediately after the validation of the Order.
The Company may, exceptionally, offer payment in installments, particularly considering the amount to be paid and its knowledge of the Customer concerned. However, the Company has no obligation to grant such payment terms. In case of a particular situation, the Customer may request it by contacting the Company's Customer Service at the following address: contact@digital-nowmad.com.
5.2. Payment Methods.
To pay for their Order, the Customer can choose between different payment methods:
Payment by credit card:
Only bank cards issued by a bank located in France or international bank cards (Visa, MasterCard, American Express, and Maestro) are accepted. The Customer guarantees the Company that they have the necessary authorizations to pay with the credit card used. They expressly acknowledge that the commitment to pay given by card is irrevocable and that the communication of their credit card number constitutes authorization to debit their account for the total amount corresponding to the Products ordered. The amount will be debited at the time of Order validation.
Payments by credit card are made via a secure payment platform, and the information on the credit cards communicated benefits from SSL encryption.
Payment via Paypal:
Payment through Paypal is accepted up to a limit of €1,000. It is emphasized that, in case of using this payment method, the General Terms of Use of Paypal, available on their site, are added to these GTC.
Payment by vouchers and/or promotional codes:
Vouchers and/or promotional codes issued by the Company can be used to pay all or part of the Order. These vouchers and/or promotional codes are valid only once. In case of attempted fraudulent use of vouchers and/or promotional codes, the Company may cancel the Order outright.
In general, in case of refusal of payment authorization by officially accredited organizations or in case of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.
The Company reserves the right to suspend at any time any of the payment methods, especially if a payment service provider no longer offers the service used or in case of a dispute with a Customer regarding a previous Order.
The Company reserves the right to implement an Order verification procedure to ensure that no person uses another person's banking details without their knowledge. As part of this verification, the Customer may be asked to send by email or mail to the Company a copy of an identity document, proof of address, and a copy of the credit card used for payment. Precise indications on the exact content of the information requested (to preserve the confidentiality of their data) will be communicated to the Customer in case of verification. The order will be validated only after receipt and verification of the documents sent.
Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEIPT:
6.1. Delivery
Before validating the Order, the Company provides the Client with information regarding the different delivery methods and their respective costs. Following the Client's choice of delivery method, the Company provides an estimated delivery time.
The Company will make every effort to ensure that the Product(s) is/are delivered no later than the scheduled delivery date. In case of difficulties, the Company undertakes to promptly contact the Client to inform them and work together to find an appropriate solution.
Air transport, shipping, and/or delivery of the Product(s) will be fully borne by the Client ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Client upon Order.
Depending on the methods chosen by the Client, delivery will be made either to the address specified by the Client or, if applicable, to a pickup point chosen by the Client from the list of available points. Therefore, it is the Client's responsibility to carefully check the information provided for delivery as they remain solely responsible in case of delivery failure due to incomplete or erroneous information.
6.2. Receipt
Upon receipt of the Product, the Client undertakes to verify that the Product is complete and undamaged.
In case of any anomaly, the Client must contact the Company's Customer Service within fifteen days (excluding public holidays) following the receipt date of the Product. Any claim filed outside this deadline cannot be processed.
Article 7 - RIGHT OF WITHDRAWAL:
7.1. Principle and Deadline
The Client has the right to withdraw from the contract, without giving any reason, within a period of thirty (30) calendar days from the date of receipt of their Order. In the case of Orders for multiple Products, the period runs from the receipt of the last Product.
In case of exercising the right of withdrawal within the aforementioned period, the price of the purchased Product(s) and the shipping costs will be refunded, with the return costs remaining at the expense of the Client.
7.2. Exclusions
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
- Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- Supply of goods made to the consumer's specifications or clearly personalized;
- Supply of goods liable to deteriorate or expire rapidly;
- Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- Supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond the professional's control;
- Emergency repair or maintenance work to be carried out at the consumer's home and expressly requested by them, limited to spare parts and work strictly necessary to respond to the emergency;
- Supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
- Supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications;
- Concluded at a public auction.
7.3. Procedure for Exercising the Right of Withdrawal
To exercise their right of withdrawal, the Client must inform the Company of their intention to withdraw either by completing the standard form, a model of which is provided below, or by sending an unambiguous statement expressing their intention to withdraw within the 30-day period mentioned above.
Standard withdrawal form model:
To the attention of Digital Nowmad, Company THIAFFEY, Customer Service, 25 rue Jean Jaurès, 77650 Ste Colombe, France.
I, ______, hereby notify you of my withdrawal from the contract concerning the sale of the following Product:
Product Name:
Order and receipt date:
Order number:
Tracking number of the withdrawal request:
Client Name:
Client Address:
Client Signature: (only if this form is notified on paper)
Date:
This form must be sent to the Company at one of the following addresses:
For paper submission, to Digital noWmad, Company THIAFFEY, Customer Service, 25 rue Jean Jaurès, 77650 Ste Colombe, France. For electronic submission, to the address: contact@digital-nowmad.com.
The Client has a period of 30 days from sending the notification of withdrawal to return the Product to the Company in its original packaging, with the return costs being exclusively borne by the Client.
The Products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) to allow resale by the Company. In case of receipt of opened, used, incomplete, damaged, or soiled Products, the Company will not proceed with any refund and may even, if deemed necessary and appropriate, hold the Client liable for depreciation of the Product.
In case of return of the Product under conditions provided by law and these T&Cs, the Company will refund all amounts paid by the Client, including delivery costs, within 30 days of the withdrawal notification, unless the Product is returned thereafter. In this case, the Company will only proceed with the refund after receiving and verifying the condition of the returned Product.
This refund will be made using the same payment method used by the Client to pay for the Order, unless expressly agreed otherwise by the Client. In case of payment by gift voucher/promotional code, the Client will be refunded either by sending new gift vouchers/promotional codes for an amount identical to that paid under this form.
Article 8 - WARRANTIES:
8.1. Legal Warranties
The Company remains liable for the conformity defects of the goods in accordance with the provisions of Articles L.217-4 and following of the Consumer Code as well as for hidden defects in the sold item in accordance with Articles 1641 and following of the Civil Code.
When acting within the framework of the legal conformity warranty (as provided for by Articles L.217-4 and following of the Consumer Code), the Consumer Client:
- Benefits from a period of 2 years from delivery to take action;
- May choose between repairing or replacing the Product, subject to cost conditions as provided for in Article L.217-9 of the Consumer Code;
- Is exempted from proving the existence of the conformity defect during the 24 months following the delivery of the new Product, and during the 6 months following the delivery if the Product is sold second-hand.
The Client may also decide to act within the framework of the legal warranty against hidden defects within the meaning of Article 1641 of the Civil Code, the Client may choose between cancelling the sale or a price reduction, in accordance with Article 1644 of the Civil Code.
These legal warranties apply independently of any contractual warranty.
Reproduction of applicable texts:
L.217-4 Consumer Code
"The seller delivers goods that comply with the contract and is responsible for conformity defects existing at the time of delivery. It is also responsible for conformity defects resulting from packaging, assembly instructions, or installation when these were its responsibility under the contract or were carried out under its responsibility."
L.217-5 Consumer Code
"The goods comply with the contract:
- If it is suitable for the use normally expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or their representative, including in advertising or labeling;
- Or if it has the characteristics agreed upon by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted."
L.217-9 Consumer Code
"In case of non-conformity, the buyer chooses between repairing and replacing the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other method, taking into account the value of the good or the significance of the defect. He must then proceed, unless impossible, according to the method not chosen by the buyer."
L.217-12 Consumer Code
"The action arising from the conformity defect is prescribed by two years from the delivery of the good."
1641 Civil Code
"The seller is bound by the warranty against hidden defects of the item sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have given a lesser price for it, if they had known."
1648 Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect."
8.2. Manufacturer's Warranty
Certain Products sold on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not a direct party.
The existence of such warranties is mentioned, if applicable, on the specific Product page.
If the Client wishes to invoke this warranty, they must inform the Company by contacting Customer Service and consult the terms of application of the warranty themselves, which are generally included in the Product packaging.
It is reminded that the benefit of the Manufacturer's Warranty does not preclude the application of legal provisions concerning the legal conformity warranty and the warranty against hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA:
Within the framework of the commercial relationship, the Company, as the data controller, collects a number of mandatory personal data (including, notably, surname, first name, delivery address, etc., marked with an asterisk) that are absolutely necessary for processing the Order, managing the commercial relationship, conducting statistics, and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Failure by the Client to provide this information would make it impossible to process their Order.
This data is intended for internal use by the Company but may be transmitted to companies involved in the performance of the service, notably those handling Product deliveries or payment processing.
Regarding this personal data, the Client has several rights:
- Right to access their personal data;
- Right to rectify and delete if the personal data is inaccurate, incomplete, ambiguous, outdated, or if the collection, use, communication, and storage of certain data is prohibited;
- Right to restrict data processing, provided that this request is duly justified and does not prevent the Company from fulfilling its legal and regulatory obligations;
- Right to object to data processing (especially in the case of processing for commercial prospecting purposes);
- Right to establish post-mortem directives concerning the storage, erasure, and communication of their personal data;
- Right to withdraw consent for certain processing activities (processing carried out before consent withdrawal remains lawful);
- Right to lodge a complaint with the CNIL (French Data Protection Authority).
To exercise these rights, the Client can submit a request to the Company:
- By mail to Digital noWmad, Société THIAFFEY, 25 rue Jean Jaurès, 77650 Ste Colombe, France.
The request must include the Client's email address, full name, address, and must be accompanied by a copy of their ID card (both sides).
A response will be sent within one month from the receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS:
Unless specifically stated otherwise on a Product page, the sale of Products on the website does not transfer any intellectual property rights to the sold Products.
Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is made through these General Terms and Conditions.
Article 11 - FORCE MAJEURE:
The Company shall not be liable for non-performance of its obligations under these terms in the event of a fortuitous event or force majeure preventing its performance. The Company will notify the client of such an event as soon as possible.
Article 12 – DISCLAIMER OF LIABILITY:
Notwithstanding any contrary provisions stated herein, the Company shall in no event be liable for losses or damages resulting from improper use of the Product(s) by the Client, including unauthorized modification or alteration of the Product(s) by the Client.
Article 13 – ACCOUNT SUSPENSION – TERMINATION:
The Company reserves the right to suspend or terminate the account of a Client who violates the provisions of the General Terms and Conditions (GTC) or applicable legal provisions in general, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or terminated may not place subsequent orders or create a new account on the Site without prior authorization from the Company.
Article 14 – ARCHIVING – PROOF:
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Upon each Order, the Order summary is sent by email to the Client and archived on the Company's website.
The archiving of communications between the Company and the Client is carried out on computerized records kept for 5 years under reasonable security conditions. These records, on which exchanges are recorded on reliable and durable media, constitute proof of communications, orders, payments, and transactions between the Client and the Company. They may be produced as evidence of the Contract.
The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as evidence of the contract.
The Client will have access to archived elements upon simple request to the address contact@digital-nowmad.com.
Article 15 - NULLITY AND AMENDMENT OF GTC:
If any provision of these GTC is held to be invalid, it shall be deemed unwritten, but shall not invalidate the entire contractual provisions.
Any tolerance by the Company in the application of all or part of the commitments made under these GTC, regardless of the frequency and duration thereof, shall not constitute a modification of the GTC, nor generate any rights for the Client.
Article 16 – APPLICABLE LAW AND DISPUTE RESOLUTION:
These GTC are governed by French law.
In case of any difficulty, the Customer Service is available to find an amicable solution.
In the absence of a solution directly with Customer Service, the European Commission has established an online dispute resolution platform to collect consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the link: http://ec.europa.eu/consumers/odr/.