- Home /
- Page
ARTICLE 1 – Purpose of the T&Cs
The “NOXSPRO” marketplace (the “Marketplace”) is a site that connects non-professional buyers (the “Customers”) and professional sellers (the “Sellers”) to allow the latter to offer their Products to Customers and to conclude direct sales with them. The Marketplace is not the seller of the Products purchased through the website https://noxs.fr/. These General Terms and Conditions of Sale (the T&Cs) describe the methods of distance selling of goods and services between Sellers and Customers through the Marketplace and define the obligations and rights of the Parties in this regard.ARTICLE 2 – Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales of Products concluded between the Seller and the Customer, the buyer of the Product, through the Marketplace, from its website https:// noxs.fr/ . These T&Cs only concern the relationship between the Sellers and the Customers, who acknowledge having the capacity required to contract and acquire the Products offered on the website https://noxs.fr/. They therefore do not govern the relationship between the Sellers and the Marketplace, which are defined in the General Terms and Conditions of Use for Sellers (GTC Sellers), nor the relationship between Customers and the Marketplace, which are defined in the General Terms and Conditions of Use. Customers (Customer T&Cs), and which these T&Cs complete. Only the Seller, whose name is indicated on the description of each Product, is the Buyer’s contracting partner for the purchase of said Products. The Products cannot therefore be taken back or exchanged by the Marketplace. They are accessible at any time on the website https://noxs.fr/ and shall prevail, where applicable, over any other version or any other contradictory document. These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the website on the date of placing the order. ARTICLE 3 – Characteristics of the products offered for sale on the website https://noxs.fr/ The Products offered for sale on the website https://noxs.fr/ are the subject of a description allowing the Customer to know their main characteristics and in particular the specifications, illustrations, and indications of dimensions or capacity of the Products. , as well as their price. The Customer is required to read it before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the website https://noxs.fr/ are not contractual and cannot engage the responsibility of the Marketplace. The Customer is required to refer to the description of each Product to know its properties, the essential particularities, and the delivery times, as well as, in the event of continuous or periodic supply of a good, the minimum duration of the proposed contract. . The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer. The products presented on the website “ https://noxs.fr/”are offered for sale in the following territories: European Union, Switzerland, United States. In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Client.ARTICLE 4 – Duration of validity of the Product offer
Product offers are valid within the limits of available stocks, as specified when placing the order.ARTICLE 5 – Orders
5-1. Placing the order
It is up to the Customer to select on the website https://noxs.fr/ the Products he wishes to order, according to the following methods:- The Customer must create an account on the website https://noxs.fr/ to purchase an available product.
- He must then log in to his account.
- The Customer puts the article in his basket and visualizes the contents of his basket.
- The Customer can check the details of his order, and its total price and correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to immediately report or rectify any errors.
- He chooses the desired delivery method.
- The registration of an order on the website https://noxs.fr/ is made when the Customer accepts these General Conditions of Sale by ticking the box provided for this purpose and validating his order.
- This validation implies acceptance of all of these General Terms and Conditions of Sale.
- An email confirming that their order has been taken into account is immediately sent to them by the Marketplace.
5-2. Changing the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.5-3. Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except for the exercise of the right of withdrawal or in cases of force majeure.ARTICLE 6 – Rates
The Products are supplied at the prices freely set by the Seller appearing on the Product description sheet. Prices are indicated in euros, excluding and including tax, excluding delivery costs. The amount of delivery costs for each product is added at the time of validation of the order by the Customer. Shipping costs are determined by the cost of packaging, transport, insurance, and the return rate. Therefore, the amount of the delivery costs differ according to each order and is determined by the Seller. An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered. For information purposes, it is specified that the fact that the Customer validates his order implies the obligation for him to pay the price indicated.ARTICLE 7 – Terms of payment
The price is payable in cash, to the Marketplace, which collects the corresponding amount, in the name and on behalf of the Seller, in full on the day the order is placed by the Customer, using secure payment, according to the following terms:- by bank cards: Bankcard, Visa, MasterCard, other bank cards,
- by PayPal,
- by electronic purse,
- Wire Transfer.
- by cash on delivery.
ARTICLE 8 – Deliveries
- Home delivery
ARTICLE 9 – Transfer of ownership – Transfer of risks
The transfer of ownership of the Seller’s Products will be carried out upon acceptance of the order by the Seller, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.ARTICLE 10 – Right of withdrawal
By the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller (unless it is a non-professional Seller), without having to justify reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days at most following the communication of the decision of withdrawal. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled, or incomplete products are not taken back. The right of withdrawal can be exercised online,https://noxs.fr/in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the will to withdraw. In the event of the exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer. The refund will be made within a maximum of 14 days from the notification to the Seller of the withdrawal decision, directly by the Marketplace, in the name and on behalf of the Seller, by crediting the Customer’s bank account. By article L 221-28 of the Consumer Code, the Customer cannot exercise this right of withdrawal in certain cases such as:ARTICLE 11 – Seller’s liability – Warranty
The Products sold via the website https://noxs.fr/ comply with the regulations in force in France and have performances compatible with non-professional uses. The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, following the legal provisions,- the legal guarantee of conformity, for Products that appear to be defective, spoiled, or damaged or that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the products delivered and rendering them unfit for use,
- The Customer can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
- The Customer is exempted from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of the Product.
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to verify,
- in the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident, or force majeure.
ARTICLE 12 – Protection of personal data
In application of law 78-17 of January 6, 1978, amended by law n ° 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer by the Marketplace are necessary for the placing and processing of his order. . This data is communicated to the Sellers to allow them to carry out the execution of the contract and the dispatch of the Customers’ orders. Under no circumstances may they be used for other purposes. Each Seller only has access to the personal data provided by the Customers of its Products to the Marketplace when placing the order. The Sellers undertake to ensure the security of the personal data they keep to fulfill and monitor orders. The processing of information communicated via the website https://noxs.fr/ meets the legal requirements for the protection of personal data, and the information system used ensures optimal protection of this data. The Customer has, under the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability, and limitation of processing information concerning him. This right can be exercised under the conditions and according to the methods defined on the website https://noxs.fr/ .ARTICLE 13 – Intellectual property
The content of the https://noxs.fr/ website is the property of the Seller and its partners and is protected by French/Algerian and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.ARTICLE 14 – Improvisation
It is recalled that in the event of a change in unforeseeable circumstances at the time of the conclusion of the contract, following the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request a renegotiation of the contract from his co-contractor.ARTICLE 15 – Force majeure
The Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations results from a case of force majeure. As such, force majeure means any external, unforeseeable, and irresistible event within the meaning of article 1218 of the Civil Code and the definition adopted by French case law. The Party noting the event must immediately inform the other Party of its impossibility to perform its service and justify it to the latter. The suspension of the obligations can in no way be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or late payment penalties. As soon as the reason for the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. If the impediment is definitive or exceeds 7 days, the present will be purely and simply resolved after the sending of the receipt of a formal notice notified by registered letter with acknowledgment of receipt or any extrajudicial act. Consequently, the order will be considered canceled according to the provisions of the “Orders” article. these will be purely and simply resolved after the sending and receipt of a formal notice notified by registered letter with acknowledgment of receipt or any extrajudicial act. Consequently, the order will be considered canceled according to the provisions of the “Orders” article. these will be purely and simply resolved after the sending and receipt of a formal notice notified by registered letter with acknowledgment of receipt or any extrajudicial act. Consequently, the order will be considered canceled according to the provisions of the “Orders” article.ARTICLE 16 – Applicable law – Language
These General Terms and Conditions of Sale and the resulting operations are governed by and subject to French law. These General Conditions of Sale are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.ARTICLE 17 – Partial nullity
If one or more stipulations hereof are held to be invalid or declared as such under a law, regulation, or final decision of competent jurisdiction, the other stipulations will retain their full force and scope.ARTICLE 18 – Pre-contractual information
18-1. Customer Acceptance
The fact for a natural (or legal) person to order on the website https://noxs.fr/ implies complete acceptance and acceptance of these General Conditions of Sale, which is expressly recognized by the Customer, who renounces, in particular, to rely on any contradictory document that would be unenforceable against the Marketplace.18-2. Identification
Our contact information is as follows:- Mr. DELFOUF BILEL
- Manager of SARL NOX SOLUTIONS
- Registered at INSEE since 10/10/2022
- SIRET: 508 679 650 000 39
ARTICLE 19 – Disputes
All disputes are settled directly between the Customer and the Seller if necessary using the messaging tool made available to them on the website https://noxs.fr/ . The Customer thus has the possibility of informing the Seller, on his personal space reserved on the website https://noxs.fr/ within 14 days at most from the confirmation of the order by the Seller, any complaint, concerning, in particular, the non-receipt of the Product, its non-compliance with the order or the receipt of a damaged Product. The Customer and the Seller will make their best efforts to reach an amicable resolution of the dispute. Depending on the case, the declared dispute will give rise either to the return of the ordered Product or to reimbursement, under the conditions specified in these T&Cs. The Customer is informed that he can in any case resort to a conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies. , and whose references appear on the website https://noxs.fr/ or any alternative dispute resolution method (conciliation, for example) in the event of a dispute. By the rules applicable to mediation, any consumer dispute must be transmitted beforehand via the procedure referred to above (prior complaint directly lodged with the Seller on the website https://noxs.fr/) before any request for mediation. The Customer, noting that a violation of the General Regulations on the Protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of Article 43 ter of the Data Protection Act of 1978, to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Computing and Liberties.APPENDIX 1 – Provisions relating to legal warranties
Article L217-4 of the Consumer Code
The seller is required to deliver 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.Article L217-5 of the Consumer Code
- Be specific to the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model presented 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.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.Article L217-16 of the Consumer Code
When the buyer asks the seller, during the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question if this provision is after the request for intervention.Article 1641 of the Civil Code
The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the 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 https://noxs.fr/ except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale. To the attention of :- Order of …….
- Order number: ………………………………………………..
- Client name: ………………………………………………………………
- Customer’s address: …………………………………………………………..