Legal Notice

TERMS OF SALES

TERMS OF SALES

1 – The site https://NOMADAHIA.fr is published by the company NOMADAHIA, a sole proprietorship whose head office is located at 2 impasse Saint-Exupéry – 40465 PONTONX SUR ADOUR, registered in the directory of trades under the identification number unique 531,755,494 RM 40 in Mont-de-Marsan.

NOMADAHIA is the author of the offer for sale relating to the products presented on its website: https://NOMADAHIA.fr (hereinafter the "Website")

2 – These General Terms and Conditions of Sale apply between NOMADAHIA and the Customer of the Website.

The General Conditions of Sale, as well as the order form and the order confirmation constitute the sales contract between the NOMADAHIA Customer and relating to the sale of the Products ordered.

Any order made on the Website requires that the Customer accepts beforehand and without reservation the General Conditions of Sale in their entirety. In case of disagreement with the terms and conditions of the General Conditions of Sale, the Customer must not use the Website.

NOMADAHIA reserves the right to adapt or modify these General Conditions of Sale at any time and without notice, the adaptations or modifications then being applicable to all orders subsequent to these adaptations or modifications.

In the event of modification, the General Conditions of Sale applicable to the Customer's order are those which were online, and which the Customer accepted on the day of placing his Order.

3 – For any information relating to the execution of one or more Orders, or the processing of a complaint, the Customer must contact Customer Service:

. By phone: 06 85 57 23 31

. By post to the following address: NOMADAHIA - 2 impasse St Exupery – 40465 PONTONX SUR ADOUR

. By email: contact@nomadahia.fr

ARTICLE 1 – DEFINITIONS

The terms and expressions identified by a capital letter in the General Conditions of Sale have the meaning indicated below (whether they are used in the singular or in the plural).

. “General Terms and Conditions of Sale”: refers to this document, i.e. the terms and conditions applying in relations between NOMADAHIA and the Customer;

. “Order”: refers to the Customer's purchase order for one or more Product(s) placed by using the Website or via Customer Service;

. “Website”: means the website accessible at the address www.Nomadahia.fr published by NOMADAHIA and/or at any other address with a different extension;

. “Product”: means a product offered for sale on the Website;

. “Customer”: designates a natural person who is an adult consumer who uses the Website and acquires one or more Product(s), for his personal needs, through the website, having previously adhered to the General Conditions of Sale.

ARTICLE 2 – PURPOSE

The General Conditions of Sale define the rights and obligations of NOMADAHIA and the Customer in connection with the sale of Products by NOMADAHIA on the Website.

Any use of the Website and any placing of Order for one or more Product(s) through the Website implies pure and simple acceptance of all of the General Terms and Conditions of Sale.

The General Conditions of Sale are reserved for buyers and consumers.

Only persons legally capable of entering into contracts concerning the Products offered for sale on the Site may place an Order on the Website. When placing the Order, the Customer guarantees to have full legal capacity to adhere to the General Terms and Conditions of Sale, place an Order and conclude a sale.

ARTICLE 3 – CREATION OF AN ACCOUNT

To order Products on the Website, the Customer must create an account by providing the information required in the registration form.

To this end, the Customer declares to provide complete, non-erroneous personal information such as to allow his precise identification in any situation. Any fanciful, slanderous personal information is likely to lead to the closure of the Customer's account and the cancellation of his Order.

When creating his account, the Customer chooses a username and password. The Customer agrees to keep his username and password confidential.

This account will be accessible at any time by the Customer using his identifiers

The Customer is responsible for all actions performed on the Website using his username and password. Any user registered on the Site will be engaged for any Order placed with the entry of his identifiers, subject to the right of withdrawal of article 9.4.

ARTICLE 4 - TERMS OF ORDER - PASSING

4.1. The Customer can place an Order, in French, directly on the Website, after having entered their identifiers, in accordance with article 3.

4.2. By browsing the different sections of the Website, the Customer can place the Products of his choice in his shopping cart by clicking on the "Add to cart" button. At any time and until confirmation of the global order, the Customer may change his mind, change the quantities and cancel one or more of the chosen Products.

Each of the steps necessary for the sale are specified on the Website.

4.3. Pursuant to the provisions of article 1127-2 of the Civil Code, the Customer will have the possibility of checking the details of his Order and its total price and, if necessary, of correcting or modifying it before definitively confirming his its acceptance.

NOMADAHIA cannot be held responsible for errors of entry by the Customer, nor for their possible consequences in terms of delay or error of delivery. In these hypotheses, the costs generated by a possible reshipment will be borne by the Customer.

4.4. Once the contents of his shopping cart have been validated, the Customer must:

– complete all of the information requested, including that relating to content and payment methods;

– declare to accept without reserve the entirety of the General Conditions of Sale.

After having filled in or modified this information and subject to having expressly accepted the General Conditions of Sale, the Customer will finalize his order by clicking on the button "Finalize my order" appearing on the payment page.

The Validation of the Order by the "double click" of the Customer implies acceptance of the prices and characteristics of the Products purchased by the Customer.

ARTICLE 5 – TERMS OF ORDER – CONFIRMATION

5.1. Once the Order has been validated by the Customer according to the terms of article 4.4, a confirmation e-mail, acknowledging receipt of the Order and containing all of this information, is sent by NOMADAHIA to the Customer as soon as possible.

5.2. The Order will not be considered final until NOMADAHIA sends the Customer the confirmation email referred to in Article 5.1, and the sale of the Product(s) will only be recognized from the payment of the corresponding price by the Customer.

5.3. Product and price offers are valid as long as they appear on the Website, it being specified that the Website is updated daily.

Product offers are within the limits of available stocks.

Commercial or promotional operations are mentioned as such on the website and indicate their period of validity.

5.4. In the event that a Product ordered by the Customer is unavailable, in particular due to a stoppage of production or distribution by a supplier, NOMADAHIA undertakes to inform the Customer by e-mail as soon as it becomes aware of this unavailability.

NOMADAHIA will then inform the Customer, if applicable, of the new deadline within which the product concerned will be made available and offer him, if there is one, an equivalent Product.

In case of refusal of the Customer to wait for the availability of the product, or of his refusal of an equivalent product, the Customer will be refunded the price of the Product if his bank account has been debited, within 14 days following the date of confirmation of this refusal.

5.5. In accordance with the provisions of Article L.121-11 of the Consumer Code, NOMADAHIA is entitled to refuse any Order for legitimate reasons, in particular in the event of a payment problem, foreseeable difficulty in respect of delivery, abnormal order or made in bad faith. NOMADAHIA also reserves the right to request proof of identity by e-mail and/or telephone, in which case the Customer will then have the possibility of canceling his Order.

Upon receipt of the order, NOMADAHIA is entitled to refuse it in the event that the prices displayed online or resulting from the Order are, in particular due to an error or technical malfunction, computer bug, derisory to the actual sale price. of the product.

ARTICLE 6 – TERMS OF ORDER – PRICE OF PRODUCTS

6.1. The price of the Products indicated on the Website is in Euros, all taxes included.

The price of the Products does not include the Customer's participation in the costs of logistical preparation (processing; shipping) and delivery, which remain the responsibility of the Customer. The total amount of his participation in these costs is communicated to the Customer, when he connects to the Website, before he proceeds to the validation of his Order.

6.2. NOMADAHIA reserves the right to modify the prices at any time and without notice, but the price applicable to the Customer's Order will remain that indicated in the summary of his shopping cart when validating his order. The prices displayed online or resulting from the Order are guaranteed, unless they prove to be, in particular due to an error or technical malfunction, computer bug, derisory to the actual selling price of the Product.

ARTICLE 7 – PAYMENT

7.1. Scope of payment

The price of the Products and the costs of logistical preparation and delivery are payable in full by the Customer at the time of placing the Order.

7.2. Payment method

Payment for the Order may be made by the Customer by bank card, in a secure environment, according to the methods offered on the Website.

The payment order made by bank card cannot be cancelled. The payment of the Order by the Customer is irrevocable, without prejudice to the Customer exercising his right of withdrawal.

For an order via the www.Nomadahia.fr site, or by telephone via Customer Service, the Customer confirms and guarantees that he is the holder of the bank card and that the latter gives access to sufficient funds to cover the payment of the command.

The Website is subject to one of the most efficient SSL (Secure Socket Layer) encryption security systems, in order to protect all sensitive data related to means of payment.

During payment by the Customer, his bank details are encrypted with the HTTPS protocol and then transmitted to servers that are the only ones able to decipher them. In order to avoid abuse and/or fraud, the authorizations and bank details are then checked directly with the Customer's bank.

7.3. Default of payment and retention of title

The Products ordered remain the property of NOMADAHIA until final and full payment of the sale price.

In the event of delivery and non-payment, NOMADAHIA has the right to claim the products ordered, the customer agreeing to return any unpaid Product, all costs at his expense.

ARTICLE 8 – DELIVERY

8.1. Place of delivery

In principle, the delivery of the Products will take place, after registration of the payment of the Order, to the delivery address indicated by the Customer during the placing of the Order.

An e-mail will be sent to the Customer to announce the shipment of the Products.

The Customer also has the option of having the Products delivered to a natural person of his choice whose permanent residence is located in metropolitan France.

8.2. Participation in preparation and delivery costs

The amount, all taxes included, of the Customer's contribution to the costs of logistical preparation (processing; shipping) and delivery of the Order will be indicated to the Customer before the final validation of the Order.

8.3. Delivery time

The delivery time may vary depending on the constraints of stock, preparation and dispatch of the order. The customer will be informed by email as far as possible according to the information available.

8.4. Place of delivery

A delivery is considered to have been made as soon as the Customer takes physical possession of the Product at the place of delivery agreed with the Customer when placing the Order and, if applicable, with the carrier. Taking possession of the Product is validated by the control and traceability system used by the carrier.

8.5. Withdrawal of Products in case of absence

In the event of the recipient's absence at the time of delivery, the carrier will leave a transit advice note at the delivery address indicated by the Customer. The Products must then be recovered or withdrawn from the address and according to the methods indicated by the carrier.

In the absence of collection within the deadlines set by the carrier, the Products will be returned to NOMADAHIA, which reserves the right to reimburse the price to the Customer, the shipping costs remaining the responsibility of the Customer.

8.6. Effect of delivery

The transfer of risks occurs upon delivery, when the Customer takes physical possession of the Products at the delivery address indicated by the Customer, or from the carrier.

Without prejudice to the period available to the Customer to exercise his right of withdrawal, upon receipt of the Products, it is the responsibility of the Customer or the recipient to ensure that the Products delivered correspond to his Order, and to check the condition and conformity of the Products in relation to his Order.

The Customer (or, if applicable, the recipient) will formalize his acceptance of the delivery by signing the delivery receipt issued by the carrier.

If, upon delivery, the external appearance of the package is not perfect, the Customer or the recipient of the Products will open the package in the presence of the carrier in order to check the condition of the Products. In the event of damage resulting from transport, the Customer must refuse the damaged Products and indicate “refusal for damage” on the return form.

In the event of an apparent defect in the package, the Customer must make all reservations and complaints that appear justified; it will be up to him, if necessary, to refuse the package.

Without prejudice to the guarantees enjoyed by the Customer under article 9, for any complaint relating to an apparent defect or damage during the delivery of the Product, the Customer must contact Customer Service as soon as possible. in order, on the one hand, to preserve the rights of NOMADAHIA vis-à-vis the carrier, and on the other hand, in the event that the Product is still in the possession of the Customer, to initiate the return procedure under the conditions provided for in Article 9.4.

In the event of a refusal of delivery or return of the Product for the reasons referred to in the previous paragraph, the Customer may request a new delivery or the cancellation of his order under the conditions of article 9.1.3.

ARTICLE 9 – CONFORMITY – WARRANTY – RIGHT OF WITHDRAWAL

9.1. Product compliance

The legal guarantee of conformity mentioned in articles L.217-4 to L.217-14 of the Consumer Code and that relating to defects in the thing sold, mentioned in articles 1641 to 1649 and 2232 of the Civil Code, will apply in accordance to the law.

In the event of an action under the legal guarantee of conformity, the consumer:

. has a period of two years from the delivery of the goods to act,

. can choose between repairing or replacing the good, subject to the cost conditions provided for in article L.217-9 of the consumer code,

. is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods. This period is six (6) months for second-hand goods.

The legal guarantee of conformity applies independently of the commercial guarantee. In the event that the consumer decides to implement the guarantee against hidden defects of the thing sold as provided for in article 1641 of the civil code, he can choose between the resolution of the sale or a reduction of the sale price in accordance with in article 1644 of the said code.

9.1.1. The information and descriptions mentioned for each Product sheet, in particular the photographs, technical characteristics and description, are produced by NOMADAHIA.

In accordance with article L.111-1 of the Consumer Code, NOMADAHIA aims to inform the Customer and enable him to know the essential characteristics of the Product.

Before shipping, the Products delivered to the Customer are checked to ensure that they conform to the description given on the Website.

However, it is specified that, for technical reasons (photographic and computer), the actual rendering of the Products may sometimes differ slightly from that of the photographs presented on the Site.

9.1.2. Notwithstanding, if applicable, the specific warranty conditions from which the Customer benefits for the Product in question, the Products presented on the Website are subject to the legal warranty conditions below.

According to article L.217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility”.

According to article L.217-8 of the Consumer Code:

“The buyer is entitled to demand that the goods conform to the contract”.

According to article L.217-5 of the Consumer Code:

To be in conformity with the contract, the good must:

. Be fit for the use usually expected of a similar item and, where applicable:

• Correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;

• Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

. Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

. According to article L.217-7 of the Consumer Code: “The defects of conformity which appear within 24 months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity”. – According to article L.217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”

9.1.3. Pursuant to Articles L.217-9 and L.217-10 of the Consumer Code, the repair of the consequences of the lack of conformity or hidden defects, duly established and confirmed as such by NOMADAHIA, includes the Customer's choice, except if this wish entails a manifestly disproportionate cost, taking into account the value of the good or the importance of the defect, compared to the other modality, the repair or the replacement of the Product.

If the repair and replacement of the good is impossible, the Customer can return the good and have the price refunded or keep the good and have part of the price refunded.

In these different cases, the Customer must contact Customer Service and agree on the terms of return of the Product concerned.

Insofar as it is justified, the application of the provisions of articles L.217-9 and L.217-10 of the Consumer Code, takes place at no cost to the buyer.

9.1.4 In the specific case of special operations of Products that are not sold new, NOMADAHIA will specify any defects in the Products. These defects will be taken into account in the event of implementation of article L.217-8 of the Consumer Code.

9.2. Warranty against hidden defects

According to article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer does not would not have acquired it, or would have given only a lesser price for it, if he had known them". According to article 1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself”. According to article 1643 of the Civil Code: "He is liable for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee". According to article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price, as it will be arbitrated by experts" According to article 1645 of the Civil Code: "If the seller knew of the defects of the thing, he is bound, in addition to the restitution of the price he received, of all the damages to the buyer”. According to article 1646 of the Civil Code: "If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale". According to article 1647 of the Civil Code: "If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and for the other compensation explained. in the previous two articles. But the loss arrived by fortuitous event will be for the account of the buyer”. According to article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.

9.4. Right to retract

9.4.1. NOMADAHIA considers that any Customer who is not satisfied with the Products ordered must be able to exercise their right of withdrawal, without penalty, under the best conditions.

In accordance with Articles L.221-18 and following of the Consumer Code, the legal period for the right of withdrawal is fourteen clear days from receipt of the Product.

The Customer returning the Product within the framework of the exercise of his right of withdrawal, has the right to reimbursement of the price of the Products ordered and the outward delivery costs. On NOMADAHIA's proposal, the Customer who has exercised his right of withdrawal may however opt for an exchange or the issuance of a credit note.

9.4.2. To exercise this right of withdrawal, NOMADAHIA suggests that the customer contact the store on 06 85 57 23 31 during opening hours Thursday to Friday from 2 p.m. to 7 p.m. and Saturday from 9 a.m. to 12 p.m.

The refund will be made, at the latest, within fourteen days from the date on which NOMADAHIA is informed of the Customer's decision to withdraw. Reimbursement may be deferred until the Product is recovered by the NOMADAHIA Returns department.

The refund will be made using the payment method used for the Order.

Only the return or exchange of complete Products and in perfect condition for resale will be accepted (unsoiled, undamaged, unworn).

The costs of returning the goods of the Product remain the responsibility of the Customer, except in the event of a lack of conformity or proven hidden defects of the Product.

9.4.3. In the event of use of the right of withdrawal for only part of the Order, only the price invoiced for the returned Products will be refunded.

In the event of partial withdrawal of the Order, the Customer who would have benefited, during the initial Order, from free delivery due to the overrun of a certain amount of the order, may be re-invoiced the delivery costs corresponding to his effective order, if the latter fell below the threshold of free delivery.

9.4.4. By way of exception, the right of withdrawal cannot be exercised for the contracts listed in article L.221-28 of the Consumer Code, including in particular contracts for the supply of goods made to the consumer's specifications or clearly personalized or which, due to their nature, cannot be returned or are likely to expire quickly.

The Products concerned by the exclusion of the right of withdrawal are indicated as such to the Customer, prior to the Order, in the descriptive sheets.

9.5. Return procedure

The Products must be returned to NOMADAHIA at the following address:

NOMADAHIA

2 impasse St Exupéry

40465 PONTONX ON ADOUR

The Products must be returned properly protected and in their original packaging. They must be in perfect condition for resale. Any Product returned incomplete, damaged, washed, damaged, deteriorated, soiled, even partially will not be refunded or exchanged.

The Customer returns the products. We recommend keeping proof of the return to facilitate procedures in the event of a problem arising during transport.

Except hypotheses of lack of conformity or hidden defects of the Product, the costs of returning the goods are the responsibility of the Customer.

ARTICLE 10 – CONDITIONS OF USE OF THE PRODUCTS

10.1. Prior to any order and any use of Products, the Customer must read all the information communicated on the Website, find out about the characteristics and components of the Products and ensure that they are compatible with the use he wish to do so.

The price of the Products does not include the Customer's participation in the costs of logistical preparation (processing; shipping) and delivery, which remain the responsibility of the Customer. The total amount of his contribution to these costs is communicated to the Customer, either when he connects to the Website or when he calls Customer Service, before he validates his Order.

10.2. The Customer undertakes to systematically follow the instructions for use indicated by the manufacturer on the packaging and on the instructions for use of the Products before any use. For any additional information concerning the characteristics of the Products, NOMADAHIA Customer Service is available to the Customer.

ARTICLE 11 – LIABILITY

11.1. The products presented on the Website comply with the French legislation in force and the standards applicable in France.

NOMADAHIA undertakes exclusively to respect the legal provisions applicable in France.

No regulations specific to the country of delivery and/or consultation of the Website may be opposed to NOMADAHIA.

The Customer is solely responsible for compliance with the regulations applicable in his country of residence.

11.2. The service provided by NOMADAHIA is limited to the supply of the Products under the conditions described in the General Conditions of Sale.

11.3. NOMADAHIA's liability is limited to direct and foreseeable damage that may result from the Customer's use of the Website and the Products. NOMADAHIA does not incur any liability for damages resulting from the Customer's fault in connection with the use of the Products.

NOMADAHIA cannot be held liable if the non-performance or poor performance of its own obligations is attributable to the Customer, to the unforeseeable and insurmountable event of a third party unrelated to the delivery of the Products, or to an unforeseeable case of force majeure, irresistible and exterior.

In general, NOMADAHIA cannot under any circumstances incur liability for indirect or unforeseeable damages caused in connection with the use of the Website and the Order of Products.

11.4. The responsibility of NOMADAHIA can in no way be sought because of the content available on other sites or Internet sources accessible by means of hypertext links inserted on the Website (and in particular because of advertisements, products, services or any other information) , or damages of any kind that may be suffered by the Customer during a visit to these sites.

Use of the Website implies knowledge and acceptance by the Customer of the characteristics and limits of the Internet and the technologies associated with it, the absence of protection of certain data against possible misappropriation or piracy and risks of contamination by any viruses circulating on the network.

NOMADAHIA being itself dependent on the quality of the Internet network, it does not guarantee the continuity of the Website and does not ensure the correction of defects observed on the Internet network.

Consequently, NOMADAHIA cannot be considered as being responsible for any unavailability of the Website or any connection difficulty or interruption of the connection (malfunction of the servers, the telephone line or any other technical connection) when using the Website. Internet or, more generally, any disruption of the Internet network, affecting the use of the Website. In this context, NOMADAHIA is not responsible for the sending of forms to an incorrect or incomplete address, for any computer errors or defects observed on the Site.

11.5. Subject to provisions to the contrary, the Website is accessible from any place whatsoever, provided that minimum technical conditions are met, in particular in terms of access to the Internet network, mobile telephony, and the technical compatibility of the equipment used by the customer.

Given the global nature of the Internet network, the Customer agrees to comply with all public policy rules relating to the behavior of users of the Internet network and applicable in the country from which he uses the Website.

ARTICLE 12 - ELECTRONIC FILE - DATA PROTECTION

PERSONAL

12.1. In order to process orders, NOMADAHIA processes personal data concerning the Customer, identified as mandatory in the forms on the Website.

12.2. NOMADAHIA undertakes to respect the confidentiality of personal data communicated by Customers on the Website and to process them in compliance with the Data Protection Act of January 6, 1978, as amended and currently in force.

12.3. The Customer's personal data is collected and processed by NOMADAHIA for the processing of Orders.

Depending on the choices made during the creation or consultation of their accounts on the Website, the Customer will choose whether he wishes to receive from NOMADAHIA and/or its partners, commercial or promotional offers by e-mail. If a Customer no longer wishes to receive such offers, he may at any time request it by clicking on an electronic link available on the emails and newsletter or by modifying his account directly on the website www.NOMADAHIA.fr

12.4. NOMADAHIA may be required to communicate this data for the purposes of the processing and delivery of orders by its service providers, or after-sales service, and to carry out satisfaction surveys. In addition, NOMADAHIA may also communicate this data to respond to an injunction from the judicial or administrative authorities.

12.5. The Customer may exercise his individual right of access to the file, his right of opposition, rectification or deletion for the data concerning him, either by modifying his personal information himself on the "My Account" space, or by sending his request to NOMADAHIA (indicating e-mail address, surname, first name, postal address)

12.6. The Website is designed to be particularly attentive to the needs of Customers. It is thus made use of cookies, the purpose of which is to signal the passage of the Customer on the Website under the constitution of his shopping cart.

ARTICLE 13 – SUSPENSION – TERMINATION

The Customer may terminate his registration on the Website at any time and close his account. To this end, the Customer will send his request for termination to Customer Service.

In the event of the Customer's breach of one of his contractual obligations, in particular in the event of a payment incident, NOMADAHIA reserves the right to suspend the Customer's access to the Websites and services of NOMADAHIA, or even to terminate his account. depending on the seriousness of the breaches. NOMADAHIA reserves the right to refuse any order from a Customer with whom there is any dispute.

ARTICLE 14 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All the elements published within the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, database utilities, software, and other underlying technology are protected by the provisions of the Intellectual property code and belong to NOMADAHIA.

Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of NOMADAHIA, is strictly prohibited.

Apart from any solicitation on its part, NOMADAHIA prohibits any affixing of a hypertext link to the Website. A Customer wishing to place on his personal website a link directly to the home page of the Website, must first request the express authorization of NOMADAHIA.

NOMADAHIA reserves the right to withdraw or modify any Elements Published on the Website.

The Client grants NOMADAHIA: free of charge, the right, transferable and sublicensable, to use, reproduce, modify, adapt, publish the Published Elements, translate them, distribute them, display them in the world whole and on any type of support for commercial or non-commercial use, for the entire legal duration of the intellectual property rights. No moral rights are ceded by the Client. NOMADAHIA has the right to use or not the Client's name in connection with the Published Elements.

ARTICLE 15 – MISCELLANEOUS

15.1. Partial disability

In the event that one or more stipulations of the General Terms and Conditions of Sale are considered illegal or unenforceable by a competent court, the other stipulations will remain in force and will retain their scope and effect.

15.2. Convention on evidence

The acceptance of the General Conditions of Sale by electronic means has, between the parties, the same probative value as the agreement on paper.

The information provided by the Website is authentic between the parties. The computerized registers will be kept in the computer systems of NOMADAHIA under reasonable security conditions and may constitute a means of proof, available to the Customer, of exchanges, orders and payments made on the Website or by e-mail. The scope of the proof of the information delivered by the computer systems of NOMADAHIA is that granted to an original in the sense of a written paper document, signed.

It is expressly agreed that NOMADAHIA and the Customer may communicate with each other electronically or by telephone via the Customer Service of the Website. Technical security measures are provided to ensure the confidentiality of the data exchanged.

NOMADAHIA and the Customer agree that the e-mails exchanged between them validly prove the content of their exchanges and, where applicable, of their commitments, in particular with regard to the transmission and acceptance of orders.

15.3. Preservation and archiving

The archiving of the contractual documents is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy which can be produced as proof.

15.4. Waiver

The fact that NOMADAHIA or the Customer does not exercise any of its rights under the General Terms and Conditions of Sale cannot entail a waiver on its part of this right and the exercise of it later, such a waiver can only proceed from an express statement.

15.5. force majeure

The execution by NOMADAHIA of all or part of its obligations, in particular delivery, will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.

Are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, bad weather and large-scale general strikes.

NOMADAHIA will inform Customers of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the Customer will have the possibility of canceling the order in progress, and the price of the Products ordered and the delivery costs paid will then be reimbursed.

ARTICLE 16 – SUSPENSION – TERMINATION

The General Conditions of Sale are subject to French law. Only the French version of these General Terms and Conditions of Sale is authentic.

In the event of difficulty arising during the Order, the delivery of the Products and more generally the execution of the sale, the Customer will have the possibility, before any legal action, to seek an amicable solution, in particular with the assistance from a consumer association or any other counsel of its choice.

Any dispute that may arise from the interpretation or execution of the General Conditions of Sale and its consequences will be brought before the competent courts.

The General Conditions of Sale also apply in the relationship with any user of the Website who has not placed an Order, in particular with regard to Articles 11 to 15.