I. Preamble
These terms and conditions of sale are applicable between Planet-Horse SARL, registered in the Commercial and Companies Register of the clerk of the Commercial Court of Troyes under Siren number 431 226 588, with registered office at 3, Rue des Berceaux, 10200 Ville sur Terre (France), owner of the online shopping site www.naturesluxury.com, hereinafter indicated as "Nature’s Luxury" and any person making a purchase via the site, hereinafter indicated as "the Customer".
Any order for products sold via our site implies acceptance without reservation of these terms and conditions of sale. They cancel all different or contrary clauses appearing in any other document.
If a condition should be missing, it would be governed by current custom in the remote sales sector in France. Nature’s Luxury reserves the right to amend these terms and conditions of sale at any time, in keeping with changes in current law and jurisprudence in France.
The Customer declares that he/she is at least 18 years of age and has legal capacity or has parental authorisation enabling him/her to place an order on our site.
The Customer is advised to save and/or print these terms and conditions of sale, without however modifying them.
II. Order
The Customer may place an order online, by e-mail, or by telephone. He/she may select items directly on each page and indicate the desired quantity. The order is accessible via the basket at the top of the page. A summary of the order is shown, recapitulating the elements specific to the products being ordered. When the basket is displayed, the customer may either confirm the order by selecting the mode of payment, or change the quantity of an item, or delete an item by updating the order, or delete the order all together.
Confirmation of the order implies acceptance without reservation of the terms and conditions of sale. The Customer acknowledges having viewed and accepted the amount of the delivery charges. It is also stipulated that the contract is established only when full payment of the order has been confirmed by our bank. Once payment is confirmed, Nature’s Luxury will send conformation of the order by e-mail to the address indicated by the Customer.
If an item is no longer available for sale, Nature’s Luxury undertakes to notify the Customer immediately by e-mail; the Customer will then have 15 days in which to request to have the product replaced by another of his/her choosing at an equivalent price, or to be reimbursed for the amount of the missing product.
III. Delivery
Unless otherwise, specified, delivery (within the limit of available stock) is made to the address indicated by the Customer when ordering. The risks will be transferred to the Customer as of the date on which the products ordered have left our premises.
Nature’s Luxury makes every effort to process and ship orders as quickly as possible, according to our stock on hand. We will undertake to deliver the items ordered as quickly as possible and within a maximum of thirty (30) days, as attested by the deliverer’s mark. Delivery within this time can be made only if the Customer has communicated accurate information about the addressee’s coordinates. In the event of error, Nature’s Luxury will not be held liable for its inability to deliver the goods in due time to the specified place.
Upon receipt of the goods, the Customer is responsible for checking the condition of the goods and to make the necessary observations, expressing his/her reservations on the delivery slip, and within 48 hours of receiving the goods by registered letter with acknowledgement of receipt.
Delivery costs are charged according to weight and the option selected by the Customer. Any customs duties are borne by the Customer.
The products ordered remain our property until actual payment in full by the Customer. In the event of non-payment for any reason, Nature’s Luxury may retake possession of its products. This title retention does not prohibit the transfer of risks, which will be borne by the Customer as of the date on which the products ordered have left our premises.
IV. Return Conditions
In accordance with article L. 121-20 of the Consumers Code, the Customer has seven (7) days to exercise its right of return. When making use of this right, the Customer must return the purchase intact in its original packaging, at his/her expense. The order’s contents and original packaging must be intact and unopened, as they were delivered. Products returned incomplete, ruined, damaged or soiled by the Customer will not be accepted. After seven days, the products will be considered accepted and compliant with the Customer’s order, with no refund possible.
After checking that the products are in good condition and the original packaging intact, Nature’s Luxury will refund the amount to the Customer within thirty (30) days from receipt of the goods. The Customer will be reimbursed for the amount of his/her purchases. Return costs are borne by the Customer. The refund will be issued by bank transfer.
According to article L. 120-20-2 of the Consumers Code, the right of return may not be exercised for any goods made according to the Customer’s specifications or clearly personalised. Consequently, the Customer may not exercise the right of return for any order of products made at the request of said Customer.
V. Price and Payment
The prices indicated on our site are in EUROS and are inclusive of tax. In particular, they include the applicable VAT, excise tax and any other applicable taxes. The Customer may however choose to have prices displayed in his/her own currency, solely for informational purposes. Delivery charges will be added to the amount based on the Customer’s selection, which will appear after the order is submitted.
Payment is made when ordering, and solely by credit card (Bleue Card, Visa, Eurocard/Mastercard). Cards issued by banks outside of France must be international bank cards.
To ensure payment security, the naturesluxury.com site uses the ATOS ORIGIN (SIPS Company) secure payment service. This service uses the SSL security standard. Confidential data (the 16-digit bank card number, expiration date and security code) are encrypted and sent directly to the SIPS server without passing through the physical media of the naturesluxury.com server.
COD delivery is not offered.
The Customer warrants that he/she is fully authorised to use a bank card and that the card allows access to sufficient funds to cover the costs associated with submitting an order. Only those persons legally able to sign contracts concerning the goods and services featured on our site may order.
VI. Guarantees and Liability
In accordance with articles L.211-4 and L.211-5 of the Consumers Code, Nature’s Luxury guarantees you a very high-quality product. However, we cannot guarantee the quality of all the products sent to you without running the risk of damaging or altering the products themselves and their packaging. Consequently, Nature’s Luxury cannot guarantee that all products featured on our site are completely free of defects, or that the colours, sizes and weights of the products received will perfectly match those offered for sale. However, in the event that the product ordered by the Customer is unsatisfactory, especially with regard to colour, Nature’s Luxury undertakes to exchange the products ordered against any other product featured on our site for an amount equal to the value of the returned products. The Customer must send, at his/her expense, the products to be exchanged to the following address: Nature’s Luxury, Jacksonweg 215, 48477 Hörstel, Germany.
Legal action resulting from lack of conformance is limited by article L. 211-12 of the Consumers Code to two years from delivery of the goods.
The products featured by Nature’s Luxury on its site, in particular wool and cotton balls, may be hand-made and dyed by traditional methods (no baths). Therefore Nature’s Luxury is unable to guarantee that the colours, sizes and weights of the balls featured on the site will perfectly match those received.
Nature’s Luxury reserves the right to cancel all or part of an order in the event of supplier failure and/or in the case of errors in presenting products on our site, inasmuch as the photographs, texts and illustrations representing the products are not contractual, and/or in the event of force majeure (strikes, calamities, computer or hardware breakdowns, Internet connection problems...). Nature’s Luxury may therefore in no case be held liable in these cases.
In any case, Nature’s Luxury reserves the right to reject any order or any delivery in the event of a dispute existing with the Customer, of total or partial non-payment of a previous order by the Customer, of rejected authorisation for payment by bank card by banking institutions, and of non-payment or partial payment.
VII. Intellectual Property
The www.naturesluxury.com site is the exclusive property of Planet-Horse SARL with registered office at 3 Rue des Berceaux, 10200 Ville-sur-Terre, France. The general architecture, content, live and fixed images, sounds, processes, products and all other elements that are part of the Internet site are the exclusive property of Planet-Horse SARL, and any full or partial use, copy, reproduction, publication, download, display, transmittal or dissemination of this site without our authorisation is prohibited and will be considered a violation of the provisions of the French Intellectual Property Code, unless expressly authorised by law. Any link to this site must be removed upon request.
VIII. Invalidity
Any clause considered invalid due to a change in law or jurisprudence will be considered as not having been written. This will in no way change the validity of the other clauses of these terms and conditions of sale.
IX. Information technology and freedom
The information requested on the www.naturesluxury.com site is necessary for recording and fulfilling your order.. All data are treated in complete confidentiality. In order to respect your privacy, the information you transmit to us is never transferred, sold or leased to other companies or organisations.
In accordance with the Information Technology and Freedoms Act of 6 January 1978 (National Commission on Information Technology and Freedoms), you are entitled at all times to access, correct and object to all your personal data by writing, with proof of identity, to Planet-Horse SARL, 3 Rue des Berceaux, 10200 Ville-sur-Terre, France.
The Customer is informed that this automated information processing, in particular the management of e-mail addresses, was declared to the CNIL under number 1292030
X. Applicable law
The contract is concluded in French. The present terms and conditions and the sales they govern are subject to French law. The Vienna Convention on the international sale of merchandise and the United Nations convention on sales are excluded.
Unless settled amicably, any dispute arising between the Parties under the present contract will be subject to the express jurisdiction of the courts of Troyes, France, regardless of the place of delivery or even in the event of incidental claim, introduction of third parties, or multiple respondents. However, Planet-Horse SARL reserves an option of jurisdiction for any protective measure it may be led to take.