Last update on February, 10th, 2016.
The present General Terms and Sale Conditions apply to the delivery of products bought on NSDH website (called hereafter « the Website ») for metropolitan France.
This website, accessible at the address « https://www.des-heros.com » is edited by Nous Sommes Des Héros, limited liability company with 4700 € capital is registered at Trade and Company Register from Marseille under the number 810 072 140 00017, whose headquarters are located 14 avenue Jean-Charles Napp, Aubagne (13400), France. (called hereafter “NSDH”).
The products you buy on the Website are sold by NSDH. The protection of users personal data is very important for us. Making a purchase on the Website entails your complete and unreserved agreement with the Website personal data guideline. You are invited to visit the Website personal data guideline to get information about how NSDH collects and treats the Website users personal data.
The Website offers are exclusively intended for consumers. For any purchase made in professional terms, you are invited to contact NSDH. Any purchase you make on the Website is covered by the present General Terms and Sale Conditions.
1. Applicability of the present General Terms and Sale Conditions.
The present General Terms and Sale Conditions are applicable to all orders and purchases done on the Website. In case of a purchase, NSDH will exchange with you by email or any kind of electronic message. By making an online purchase, you agree that every statement, recommendation, information and other communication will be transmitted to you electronically, except if legal measures require written documents. You agree by the present General Terms and Sale Conditions that every electronic exchange has the same value as a registered mail with acknowledgement of receipt. In case of litigation, the valid document will be stored in our computer system. The present General Terms and Sale Conditions can be subject to change. The General Terms and Sale Conditions applicability date is indicated on the Website. Any change in General Terms and Sales Conditions will be applicable only to orders placed after the date of coming into effect of the new General Terms and Sales Conditions.
Before any order, you must expressly accept the general terms and sales conditions.
You have to create a user account (user’s personal identification or name). It is your responsibility to keep your password confidentiality and access restriction. Operations and purchase made with your account will always be considered to have been made by you. If you realize that your account has been used for embezzlement or if your password has been used and that you did not authorize this, please inform us immediately in order for us to take appropriate measures.
In order to proceed to a Product purchase, you have to :
- follow the order process (including requiring online quote if necessary), including the agreement of NSDH General Terms and Sale Conditions and Personal data guideline.
- Give your name and address, phone number, email address, information concerning payment terms and other required information
- Provide a valid shipping address
- Be an authorized holder of a valid credit/debit card in case you use this payment method
- Be a holder of a valid PayPal account in case of payment by this method.
You can place an order or ask for a cost estimate by clicking on « ORDER » button or « COST ESTIMATE » button.
You agree that your order(s) establish a bid/an offer of the Products listed in your order following the present General Terms and Sale Conditions. Each Product order is considered to establish a single sale. Every order then needs to be validated by NSDH, who will not refuse except if NSDH has a legitimate reason (including deceptive order, or insufficient stock).
Before confirming your cost estimate and/or your order(s), you have to read and accept General Terms and Sale Conditions, check the total amount of you order(s) and other information that you give and, if necessary, fix any typing error.
If you wish to place an order based on a cost estimate requested AND received by NSDH, just confirm that you accept the cost estimate by sending an email to the following electronic address: firstname.lastname@example.org. In your email you must give the cost estimate reference and indicating your agreement, this confirmation email establishes your order.
4. Contract conclusion
Once you have confirmed your order on the Website, NSDH will send an email the email address you have given in your account. This email will acknowledge receipt of your order(s) and sum up the details of your ordered Products (Order confirmation and reception email).
This email does not constitute an acceptation of your order(s) – but only constitutes the confirmation that NSDH did receive your order.
After receiving your order(s) and sending its reception confirmation, NSDH will check the availability of the concerned Products, and will inform you if necessary about the potential unavailability of a Product. If the Product is unavailable you will not be debited for the said Product.
The sale between NSDH and you is complete from the moment NSDH sends you an email confirming the Product(s) availability and shipping is underway of entirety or partially (Shipping confirmation email).
You can cancel your order any time before receiving the Shipping confirmation email, by contacting NSDH customer service
If you requested a cost estimate for one or several products conception, you will be able to place the order once you receive the cost estimate hereinabove described conditions.
5. Prices, Shipping and Delivery, Fees and Taxes
The prices are indicated on the pages presenting and detailing each Product while you are placing your order, and will be indicated on the order confirmation page, as well as in the order reception confirmation email.
Product prices are quoted including taxes but without shipping and delivery fees.
Shipping and delivery fees, including related VAT are indicated before your order confirmation as well as in your order reception confirmation email. Shipping fees depend on the delivery place and the shipping method you selected while proceeding to payment.
Payment must be done by the following methods, selected by you while proceeding to payment : VISA, MasterCard or PayPal.
7. Availability and Delivery
NSDH does everything possible so that the Products ordered on the Website are available. Nonetheless, Products sold by NSDH are mainly made on demand, lead-time between the order and the delivery date depends on your order volume and type.
If the Product you ordered is unavailable or cannot be made, the order will not be complete and the payment will be cancelled. NSDH will inform you in the best delays.
Each delivery will be preceded by an email with the related bill.
If you postpone the delivery without legitimate reason or delay answering to the delivery after NSDH indicates your order delivery, or if you gave a wrong shipping address preventing the delivery, the package will be returned to NSDH.
NSDH cannot be held responsible for delay or problems in the sales process in case of exceptional circumstances, that is to say war, terrorism, strike, local or national emergency state, transport breakdown, power shortage or internet cuts, earthquake or any other natural disaster.
If the Products you received do not match the ones you ordered, or if you order is incomplete or damaged by transportation, you must refuse delivery, otherwise the order will be considered as simply accepted.
Moreover, please contact without delay NSDH Customer Service by email or by phone to get required assistance.
8. Products description
Products features are indicated on the Website, and detailed on your order and related bill. The Product will correspond strictly to the product features that are given in the description.
9. Risks transfer
Risks transfer relative to Products comes into effect the moment the Product is given to the company in charge of shipping.
10. Right of withdrawal, return and exchange.
Right of withdrawal
You have the right to withdraw from your contract within a 14 days period without any reason. Withdrawal period expires 14 days after the day you, or a third party accept the carrier and come into possession of the articles. To exercise your withdrawal right, you must inform us by sending a letter to NSDH, 14, avenue Jean-Charles Napp in Aubagne (13400 France) or an email to email@example.com, telling us your decision to withdraw the present contract by unequivocal declaration (for instance, a letter sent by the post, through our fax or via email). You can use the following withdrawal form herein below, but this is not mandatory. In order to respect the withdrawal period, you must pass your communication related to your withdrawal right before the withdrawal period expires. Your whole order of articles must be returned to NSDH in order to proceed to the order withdrawal and reimbursement.
In case of contract withdrawal from your behalf, we will reimburse all of your payments to us, including delivery fees (excepting additional fees in case you chose a different delivery mode than our standard delivery mode, least expensive) without excessive delay and in any events, at most 14 days from the day you inform us about your contract withdrawal decision. We will proceed to the reimbursement using the same payment terms than the ones used for initial transaction, except if you specifically request another method. This reimbursement will not result in any other fee for you to pay. The returned articles must be returned this way, being stated that risks related to returning articles remain to your charge. You are responsible for any damage to the Products resulting from the handling of the Products other than the handling needed to establish the nature, the characteristics and how the Products function.
Withdrawal right exceptions
Withdrawal right is inapplicable to toll-manufacturing articles according to your specification or clearly adapted to your personal needs.
Withdrawal form template :
(Fill in and return this form only if you would like to withdraw the contract)
- To Nous Sommes Des Héros SARL, 14 avenue Jean-Charles Napp, 13400 AUBAGNE (France) or to firstname.lastname@example.org;
- Hereby, I/We ( ) inform you that I/we ( ) withdraw our sale contract ( ) for the following assets ( )
- Ordered on ( )/received on ( ),
- Consumer’s name,
- Consumer’s address
- Consumer’s signature (only if this form is written on paper),
NSDH reserves the right to compensate the returned product as returned Products, used Products or damaged Products.
NSDH can also offer the following options to you as an alternative to your withdrawal right, these options are entirely up to you :
- you can specifically authorize NSDH to send you another Product to replace the original, or
- you can specifically authorize NSDH to issue a merchandise credit on your next purchase.
These rights are optional, entirely up to you and subject to your explicit authorization.
12. Legal Warranties
You have your disposal statutory guarantees in accordance with the following provisions :
Article L.211-4 of the French Consumer Code
Seller is legally bound to deliver goods in compliance with the contract and answers to lack of conformity of these said goods at the time when they are delivered. Seller answer also to lack of conformity resulting from packaging, assembly and operating instructions if the seller has been put in charge of this point by the contract or has been establish under its responsibility.
Article L.211-5 of the French Consumer Code
To be in compliance with the contract, the goods must :
1° be fit for use as normally expected for such goods and, if necessary :
- match the description given by the seller and have the qualities presented by this one to the buyer as a sample or a model ;
- present the qualities that a buyer can legitimately expect from a public declaration given by the seller or the producer or the company’s representative, in particular in advertisement or labelling ;
2° or present the designated features agreed upon by the parties or be appropriate for a special use as intended by the buyer, declared to and accepted by the seller.
Article L.211-9 of the French Consumer Code
In case of non-compliance, the buyer shall choose to have the item repaired or replaced.
Nevertheless, the seller can not comply the buyer’s choice if this one leads to additional cost clearly disproportionate to the other mode, regarding the asset’s value or the importance of the defect. The seller must then proceed, except impossibility, according to the mode chosen by the seller.
Article L.211-10 of the French Consumer Code
If the good’s repair or replacement is impossible, the buyer can return the asset and get reimbursed or keep the asset and get reimbursed partially.
This is also possible if:
1° If the requested solution, proposed or agreed as required under Article L.211-9 can not be implemented in one month period following the buyer’s complaints ;
2° or if said solution cannot be implemented without major inconvenience to the buyer regarding the asset’s nature and use as intended by the buyer.
The cancellation of the sale can not be pronounced if the lack of conformity is minor.
Article L.211-12 of the French Consumer Code
Action resulting from defects in conformity is limited to two years after the date of delivery of the article.
Article 1641 of the French Civil Code
A seller is bound to a warranty on account of the latent defects of the object that is sold which renders it unfit for the use for which it was intended, or which so impaired that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648 1§ of the French Civil Code
The action resulting from redhibitory defaults must be brought by the buyer within a period of two years following the discovery of the default.
Please keep your Products’ order confirmation or provide it to the purchase recipient to whom you would have offer them, as proof of purchase enabling to operate the warranties.
In the event that any of the provisions of the present General Terms and Sale Conditions have proven to be unlawful, void or for any reason, inapplicable, that provision will be deemed severable of the present General Terms and Sale Condition and will not affect the validity and enforceability of the remaining provisions. The unlawful, void or inapplicable provision, for any reason, will be replaced by a valid provision, the closest to this one regarding its general economy.
NSDH customer service is here to assist you for any question or complaint concerning ordered placed on the Website.
15. Applicable law
General Terms and Sale Condition and each Products sale made by NSDH on the Website re governed in accordance with French law.