Terms and Conditions of Sale

Article 1 – Definitions

These Terms and Conditions of Sale (hereinafter the "T&Cs") are provided by the company GETSITE LTD.

The following terms shall be used hereafter:

"Site": the website "https://nyveli.com" and all of its pages, the exclusive property of the Company.

"Products" or "Services": all products (goods) and services which may be purchased or subscribed to on the Site.

"Seller": Nyveli, a legal entity or natural person, offering its Products or Services on the Site.

"Customer": the internet user, whether a private individual or a professional, making a purchase of Product(s) or Service(s) on the Site.

"Consumer", in accordance with the definition in the preliminary article of the French Consumer Code: "any natural person acting for purposes which do not fall within the scope of their commercial, industrial, craft or professional activity".

Any internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, to print them and/or save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the T&Cs and accepts them in full.

Article 2 – Application of the T&Cs and Purpose of the Site

The Seller reserves the right to modify the T&Cs at any time by publishing a new version on the Site. The T&Cs applicable to the Customer are those in force on the day their order is placed on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data, and the conditions of use of the Site are provided in the terms of use, the legal notice and the data policy of this Site.

This Site offers the online sale of [your niche / sub-niche] products.

The Site is freely and freely accessible to any Customer. The purchase of a Product or a Service requires the Customer to accept these T&Cs in their entirety, thereby acknowledging that they have read them in full. This acceptance may consist, for example, of the Customer ticking the box corresponding to the acceptance statement for these T&Cs, worded for instance "I acknowledge that I have read and accepted all of the Site's terms and conditions". Ticking this box shall be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these T&Cs presupposes that Customers have the legal capacity required to do so. If the Customer is a minor or does not have such legal capacity, they declare that they have the authorisation of a guardian, a curator or their legal representative.

The Customer acknowledges the evidential value of the Seller's automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute.

Any Order of Products implies the Customer's unreserved acceptance of, and full adherence to, these Terms and Conditions of Sale, which prevail over any other document — catalogues, advertisements, notices — unless expressly agreed otherwise in advance by the Company.

Article 3 – Customer Service

The customer service of this Site is available by email at the following address: nyveli@gmail.com, by contact form, or by post at the address stated in the legal notice. The Customer must include in the email their first name, surname, the subject of their request and their Order number.

For any professional enquiry (partnership, media, contract proposal), the Company can only be reached by email at nyveli@gmail.com.

Article 4 – Order Procedure and Description of the Purchase Process

The Products and Services offered are those appearing in the catalogue published on the Site. Each product is accompanied by a description drawn up by the Seller on the basis of the descriptions provided by the supplier.

The photographs on the Site are non-contractual and may differ noticeably from the models photographed. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, and so on.

The "Basket" is defined below as the intangible object grouping together all the Products or Services selected for purchase by the Customer of the Site by clicking on those items. In order to place an order, the Customer chooses the Product(s) they wish to order by adding them to their "Basket", the contents of which may be modified at any time.

The Customer places the Order via the Site: the Customer records and validates the Order on the Site.

To place an order on the Site, the Customer freely selects one or more Products from the Site's catalogue by clicking the "add to Basket" button. On the "Basket" page, the Customer has the opportunity to review the details of their Order and correct any errors before confirming it.

On the "Information" page, the Customer must enter their contact details. They may opt to track their Order by email by ticking the relevant box.

On the "Delivery" page, the Customer must choose from the shipping methods offered.

On the "Confirmation" page, the Customer must enter their payment details and billing address. The Customer also has the option of entering a promotional code if they have one.

A full summary of the Order then appears. The Customer has the option of modifying every element of the Order before finalising it. The Customer is responsible for any errors relating to the Order, the Products and their contact information.

The sale is validly formed once the Customer has confirmed the Order by clicking the "Complete my order" button, has accepted the Terms and Conditions of Sale, and has made payment in accordance with the method they have chosen, subject to the exercise of the right of withdrawal.

The date on which the order is validated corresponds to the date on which full payment of the total price including tax is duly received.

Article 5 – Prices and Payment Terms

Unless otherwise stated, the prices shown in the catalogue are in Euros including all taxes, taking into account the VAT applicable on the day of the order and excluding any contribution towards handling and shipping costs.

Nyveli reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalogue on the day of the order shall be the only price applicable to the Customer.

The Customer may place an order on this Site and may pay by bank card, Bancontact, Apple Pay or PayPal. Card payments are made through secure transactions provided by an online payment platform provider.

This Site has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the case of payment by bank transfer, the delivery times set out in the "Deliveries" article of these T&Cs do not begin to run until the date on which the Seller actually receives the payment, which the Seller may prove by any means. The availability of the Products is indicated on the Site, in the description sheet of each Product.

Nyveli will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. Computerised records shall be considered by the parties as evidence of the communications, orders, payments and transactions between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery restriction; orders may be shipped anywhere in the world. The delivery times indicated at the time of ordering are given for information purposes only and remain dependent on any delays by postal services or other particular circumstances preventing delivery (demonstrations, bad weather, etc.).

In the case of delivery of a Product outside the territory of the European Union and to French overseas territories, the Customer declares themselves to be the importer of the Product and accepts that, in such a case, the Seller may be materially unable to provide them with accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.

In the case of a hand delivery, the Customer may refuse a parcel at the time of delivery if they notice any anomaly concerning the delivery (damage, a Product missing compared with the delivery note, a damaged parcel, broken Products, etc.). Any anomaly must then be recorded by the Customer on the delivery note, in the form of handwritten reservations accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective parcel(s) in the presence of the carrier and have the carrier take back the damaged goods. In the case of a letterbox delivery, the Customer undertakes to check the parcel immediately and to contact Nyveli's support team if they notice any anomaly. Failing compliance with these requirements, the Customer will not be able to exercise their right of refusal, and the Seller will not be obliged to grant the Customer's request to exercise that right.

If the Customer's parcel is returned to the Seller by the postal service or by other postal providers, the Seller will contact the Customer upon receipt of the returned parcel to ask how they wish to proceed with their order. If the Customer refused the parcel in error, they may request that it be sent again, subject to prior payment of the postal costs for the new dispatch. These postal costs must be paid even for orders where shipping was free at the time of ordering.

In the event of a delivery error or an exchange (where the right of withdrawal is applicable, that is to say where the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller complete and in perfect condition. Any defect resulting from clumsiness or mishandling by the Customer cannot be attributed to the Seller.

Any delay in delivery beyond the date or period indicated to the Consumer Customer at the time of their order — or, where no date or period was indicated at the time of ordering, beyond thirty (30) days from the conclusion of the contract — may lead to termination of the sale at the initiative of the Consumer Customer, upon their written request by registered letter with acknowledgement of receipt, if the Seller has failed to deliver after having been formally requested to do so. The Consumer Customer will then be reimbursed the full amount paid, no later than fourteen (14) days following the date on which the contract was terminated. This clause does not apply where the delivery delay is due to a case of force majeure.

Special case of a parcel whose tracking number states that it has been "delivered" but which was not received in the letterbox: if the Customer notices and informs the Seller that the parcel is not in their letterbox despite its tracking number indicating that it has been "delivered", customer service may request additional information from them, together with an official document from the postal service responding to their claim regarding the corresponding tracking number. The Seller will then do everything possible to ensure the Customer's satisfaction, in particular by offering to resend the products immediately at its own expense.

Article 7 – Right of Withdrawal and Withdrawal Form

The Consumer Customer has fourteen (14) working days from the date of receipt of the product ordered in which to withdraw. They shall be required to return any product that does not suit them and request an exchange or refund without penalty, with the exception of return shipping costs, within fourteen days of Nyveli receiving the refund request.

The Product must be returned in perfect condition, in its blister packaging and unused. The Consumer Customer will find below a model withdrawal form for an order placed on the Site, to be sent to Nyveli. It is understood that the Customer shall bear the cost of returning the Product in the event of withdrawal.

The Customer is advised to make the return using a solution allowing the parcel to be tracked. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to open an investigation with the postal services in order to ask them to locate it.

The refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller may use another means of payment, and provided that the refund does not incur costs for the Customer.

The Seller also reserves the right to defer the refund until receipt of the Product, or for as long as the Customer has not demonstrated that they have dispatched the Product, if no such demonstration has previously taken place.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

In accordance with Article L121-17 of the French Consumer Code (the "Hamon Law") of June 2014, the Consumer Customer will find below a model withdrawal form for an order placed on the site:

Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of: Nyveli

I / we () hereby give notice () of my / our (*) withdrawal from the contract for the sale of the goods below:

• Order number:
• Surname / First name:
• Telephone number:
• Email address:
• Postal address:
• Reason for the claim:
• Exchange* (state the desired product)
• Refund* (attach full bank details with IBAN and BIC stated)

Signature of the Customer(s) (only if this form is notified on paper):

Date:

() Delete as applicable.*

Article 8 – Product Warranty

Statutory provisions to be reproduced

The legal warranty of conformity applies independently of any commercial warranty that may be granted.

The consumer may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code, unless the seller has stipulated that it will not be bound by any warranty. Where this warranty is invoked, the buyer may choose between termination of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code. They have a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arose, in accordance with Article 2232 of the French Civil Code.

All items purchased on this site benefit from the following legal warranties provided for by the Civil Code:

Legal warranty of conformity

The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and to be answerable for any lack of conformity existing at the time of delivery of the Product. The warranty of conformity may be invoked if a defect existed on the day the Product was taken into possession.

However, it is for the Customer to prove that the defect did indeed exist at the time the Product was taken into possession.

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller need not proceed according to the buyer's choice if that choice entails a cost that is manifestly disproportionate in relation to the other option, having regard to the value of the goods or the significance of the defect. The seller is then required to proceed, unless this is impossible, according to the option not chosen by the buyer."

Legal warranty against hidden defects

In the event that a delivered Product does not conform, it may be returned to the Seller, who will exchange it. If exchanging the Product proves impossible (obsolete Product, out of stock, etc.), the Customer will be reimbursed the amount of their order by cheque or bank transfer. The costs of the exchange or refund procedure (in particular the cost of returning the Product) shall then be borne by the Seller.

Article 9 – Liability

The Seller, Nyveli, cannot be held liable for non-performance of the contract concluded due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller shall incur no liability for any indirect damage arising hereunder, loss of business, loss of profit, damage or costs that may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial inability to use the Products, in particular due to equipment incompatibility, cannot give rise to any compensation, refund or claim against the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal where applicable — that is to say where the Customer is a Consumer Customer and the contract entered into to acquire the Product or Service allows withdrawal, in accordance with Article L 121-21 of the French Consumer Code.

The Customer expressly acknowledges that they use the Site at their own risk and under their sole responsibility. In any event, Nyveli may under no circumstances be held liable:

• for any direct or indirect damage, in particular as regards loss of profits, loss of earnings, loss of clientele or of data which may result, among other things, from the use of the Site, or conversely from the impossibility of using it;
• for a malfunction, unavailability of access, misuse, incorrect configuration of the Customer's computer, or the use by the Customer of an uncommon browser;
• for the content of advertisements and other external links or sources accessible to Customers from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals shown on the Site, or if those visuals are erroneous or incomplete.

Article 10 – Force Majeure

In accordance with Article 1218 of the French Civil Code, events beyond the control of the parties, which they could not reasonably have been expected to foresee and which they could not reasonably avoid or overcome, are considered cases of force majeure or fortuitous events, insofar as their occurrence renders performance of the obligations entirely impossible.

The occurrence of a case of force majeure shall automatically suspend performance of the Order.

Beyond a period of ninety (90) calendar days, if the parties find that the case of force majeure persists, the Order may be cancelled by either party and the contract of sale terminated. To that end, the more diligent party must send the other a registered letter with acknowledgement of receipt terminating the said contract of sale.

The effective date of termination shall be the date on which the letter is first presented. In that event, neither party may claim damages, unless the two parties agree otherwise.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or to a third-party agent, or are used by the Seller with the authorisation of their owners.

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorised to reproduce, exploit, redistribute or use in any capacity whatsoever, even partially, any elements of the Site. Any link, whether simple or hypertext, is strictly prohibited without the express written agreement of the Company. In all cases, any link, even one tacitly authorised, must be removed upon simple request by the Company.

Only use of the Site for private purposes is authorised, subject to any different or more restrictive provisions of the French Intellectual Property Code.

Any total or partial reproduction of the Company's catalogue is strictly prohibited. Any other use constitutes infringement and is punishable under intellectual property law unless prior authorisation is obtained.

Any reproduction, representation or adaptation of logos, textual, pictographic or video content — this list not being exhaustive — is strictly prohibited and constitutes infringement.

Any Customer guilty of infringement may have their account deleted without notice or compensation, without such deletion constituting damage to them, and without prejudice to any subsequent legal proceedings against them at the initiative of the Seller or its agent.

The trademarks and logos contained in the Site may be registered by Nyveli, or possibly by one of its partners. Any person representing, reproducing, embedding, broadcasting or rebroadcasting them incurs the penalties provided for in Articles L.713-2 et seq. of the French Intellectual Property Code.

Article 12 – Processing of Personal Data

The Company collects the Customer's data:

a) for the purpose of processing and tracking the Customer's Order on its Site; and/or b) for the purpose of being able to contact you about various events relating to the Company, including in particular Product updates and customer relationship management; and/or c) for the purpose of gathering information enabling us to improve the Site and our Products (in particular through cookies).

The data collected is processed by the Site's contractual providers responsible for packaging and distributing the Products ordered, as well as by the hosting provider Shopify Inc., whose servers are secure and protected by a firewall.

The data collected is retained by the Company only for the time corresponding to the purposes of collection set out above, and in any event may not exceed five (5) years.

In accordance with French Law No. 2018-493 of 20 June 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR), the Customer has the right to access, modify, rectify, delete or object on legitimate grounds to their data.

The Customer may exercise their rights by email at nyveli@gmail.com.

Article 13 – Comments and Other User Submissions

If the Customer sends ideas, proposals or other material, whether online, by email, by post or otherwise (collectively, "comments"), whether at the Company's request or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comment the Customer sends to it.

The Company is not and shall not be required (1) to maintain the confidentiality of the comments; (2) to pay compensation to anyone for any comment provided; or (3) to respond to comments.

The Company may monitor, modify or delete content which it considers, at its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally reprehensible, or which infringes any intellectual property or these Terms and Conditions of Sale.

The Customer undertakes to write comments that do not violate the rights of third parties, including copyright, registered trademarks, privacy, personality or other personal or property rights. The Customer undertakes not to include in their comments any unlawful, defamatory, offensive or obscene content, and that such comments will not contain any computer virus or other malicious software that could affect the operation of the Site or other associated websites. The Customer undertakes not to use a false email address, to pretend to be someone else, or to attempt to mislead the Company and/or third parties as to the origin of their comments.

The Customer is entirely responsible for the comments they publish and for their accuracy. The Company assumes no responsibility and disclaims all liability in respect of comments published by the Customer or by a third party.

Article 14 – Severability of Clauses

If any provision of the T&Cs is held to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.

These T&Cs supersede all prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable or sub-licensable by the Customer.

A printed version of the T&Cs and of any notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs shall be drafted in French.

Article 15 – Applicable Law and Mediation

These Terms and Conditions of Sale are governed by French law.

The Site reserves the right to bring criminal proceedings against any attempted fraudulent purchase, or purchase with a prohibited, blocked, stolen or falsified bank card. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these Terms and Conditions of Sale becomes void and unenforceable shall not call into question the validity of the other provisions and does not release the Customer from performing their contractual obligations.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, subsidiaries, associated companies, successors, assigns, directors, agents, service providers, lawyers, suppliers and employees against any claim or demand, including reasonable legal fees and court costs, brought by a third party by reason of or arising out of your use of the website or of our products and services, your breach of the terms, or your breach of your acknowledgements, agreements, representations, warranties and obligations hereunder.

National or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage — a mediator approved by the French Consumer Mediation Evaluation and Control Commission (CECMC) is appointed as Consumer Mediator to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and allows Customers to submit a mediation request online together with supporting documents.

In particular, the dispute may not be examined by the Mediator if:

• the Customer cannot demonstrate that they first attempted to resolve their dispute directly with the Company by means of a written complaint;
• the request is manifestly unfounded or abusive;
• the dispute has previously been examined, or is currently being examined, by another mediator or by a court;
• the consumer submitted their request to the mediator more than one year after their written complaint to the Company;
• the dispute does not fall within the mediator's remit.

Mediation is free of charge for the Customer. If the Customer engages a lawyer, a third party of their choice or an expert to represent them at any stage of the mediation, they alone shall bear the cost.

The Mediator may not receive any instructions from the parties, nor be remunerated on the basis of the outcome.

Participation in mediation does not exclude the possibility of legal action. The parties remain free to submit their dispute to a court within the framework of the applicable legal provisions. In the event of a dispute before a court, jurisdiction is attributed to the competent Estonian court.

The Site reserves the right to bring criminal proceedings against any attempted fraudulent purchase, or purchase with a prohibited, blocked bank card or a stolen or falsified cheque. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these Terms and Conditions of Sale becomes void and unenforceable shall not call into question the validity of the other provisions and does not release the Customer from performing their contractual obligations.

Parts warranty:

The warranty is limited to 30 days following the date of purchase under normal conditions of use, and excludes any breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.