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Terms and Conditions of Sale

Updated October 1, 2020

Preamble

Prior to placing any order with an obligation to purchase on the website, you are advised to read these Terms and Conditions of Sale (hereinafter "T&C") carefully. In the event of any questions regarding these T&C, contact Customer Service before placing an order.

The website www.en.natalys.com (hereinafter the "Website") is a service of NATALYS, a société par actions simplifiée [simplified joint-stock company] with capital of 1,903,312.00 euros, registered as company number 652 050 832 with the Trade and Companies Register of Bobigny, with intra-community VAT number FR68 652 050 832 and headquarters located at 49/51, rue Emile Zola, 93100 Montreuil, France, represented by its Chairman, Mr. Paul Zemmour.

NATALYS is a wholly-owned subsidiary of Générale Pour l’Enfant, a société par actions simplifiée [simplified joint-stock company] with capital of 15,499,292.50 euros, registered as company number 412 552 390 with the Trade and Companies Register of Bobigny, with intra-community VAT number FR38 412 552 390, owner of the inventory of Products, and with headquarters located at 49/51, rue Emile Zola, 93100 Montreuil, France, represented by its Chairman, Mr. Paul Zemmour.

ARTICLE 1: Hosting and Development

The website is hosted by the company SALESFORCE.COM EMEA Limited, with headquarters located at Floor 26 Salesforce Tower, 110 Bishopsgate, London EC2N 4AY, United Kingdom, registered as company number 05094083 with Companies House in England and Wales, with intra-community VAT number GB844903710, represented by José Luiz Moura Neto.

The website is developed by the company OSF Global France S.A.S.U. [simplified joint stock company with sole shareholder], with headquarters located at 12 place de la Défense, Maison de la Défense, 92974 Paris La Défense Cedex, France, registered as company number B 750 118 895 with the Trade and Companies Register of Nanterre, represented by its chairman, Gerard Szatvanyi.

The Website's Publication Manager is Mr. Paul Zemmour.

ARTICLE 2: Definitions

ARTICLE 3: Purpose and Territory

3.1. Purpose

3.1.1. The purpose of these T&C is to specify the conditions of sale, between the Seller and the Customer, of the Products or services marketed by the Seller on the Website only. The T&C govern the terms by which Orders are placed, paid for, filled, and delivered, as well as the terms of Order cancellation and warranties, under the terms set by the T&C and applicable law.

3.1.2. Any Order implies the Customer's unconditional acceptance of and adherence to these T&C, which prevail over any other Customer document, particularly any Terms and Conditions of Purchase, in the absence of prior, express approval from the Seller. As a result, the Customer's act of placing an order entails his/her adherence, with neither restrictions nor reservations, to these T&C. Any document other than these T&C (catalog, prospectus, advertising, legal notices, email campaigns, etc.) is non-binding and provided for information purposes only.

3.1.3. The Seller may amend these T&C at any time. In the event of any amendment hereto, the T&C in effect as of the date on which the Customer places the Order and accepts the T&C shall be applied to the said Order, as those terms thus constitute the T&C as defined in the Preamble.

3.2. Territory

Any orders placed on the Website can be considered valid only between the Seller and a Customer residing in one of the following countries: Austria, Belgium, Estonia, Finland, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Portugal, Slovakia, Slovenia, Spain, and the United Kingdom.

The Products on sale on the Site can only be delivered to the mainland, which excludes all the islands and archipelagos of the country. This excludes, for example, the Canary Islands, Ceuta, Melilla, Gibraltar, Andorra, Balearic Islands and Ibiza for Spain; Sardinia, Sicily and Elba for Italy, Madeira and the Azores for Portugal (non-exhaustive list).

Customers residing in France may access the local Website to place their orders.

ARTICLE 4: Order

Prior to the Order, the Customer is notified of all information provided for in Articles L.221-5 and L.221-8 of the French Consumer Code, as modified by the French Law of March 17, 2014.

4.1. First Order on the Website

When a Customer places an online Order on the Website for the first time, he/she must create an account by providing the required information (surname, given name, address, telephone number, email address and password) and affirming the accuracy of the information provided. The Customer will then use his/her account for each new Order and will not need to re-enter information, with the exception of banking information, which must be entered when each Order is placed unless the Customer chooses to save it when placing an Order for use in future Orders.

The Customer may also decide whether to be notified of exclusive offers on the Website.

If the Customer loses his/her password, he/she can click on "forgot password" on the login page. An email will be sent to him/her with an invitation to reset the password.

In the event of fraudulent use of the Customer's data (identity, credit card, etc.), the Customer should notify the Seller immediately by sending an email to rgpd@groupe-gpe.com.

4.2. Acceptance by the Customer of the Terms and Conditions of Sale

Prior to placing any Order on the Website for Products or Gift Cards, the Customer must view and expressly accept the T&C in advance. The Customer may save or print the T&C applicable to his/her Order. When the Customer wishes to finalize the Order, he/she can print a summary of the Order. 

At the end of the Order process, the Customer is asked to accept the T&C, confirm the Order, and make the payment.

Any Order confirmation implies irrevocable acceptance of these T&C.

The Order confirmation also implies acceptance of Gift Card specifications.

4.3. Order Acceptance by the Seller

The Seller will be able to fulfill the Orders received via the Website from a Customer residing within the territory mentioned in the "Territory" articles of these T&C.

Once the Seller receives the Order placed by the Customer, the Seller will send a detailed receipt for the Customer's Order to the Customer, specifying the amount billed, including all taxes, the applicable VAT amount, and the shipping cost and method for the Order (hereinafter the "Order Form"). This receipt constitutes the Seller's acceptance of the Order placed by the Customer.

If the Client does not receive an email receipt for his/her Order, the Client must assume that the Seller has declined the order. The Client may contact Customer Service for further assistance.

The Products and the prices thereof are valid for the placement of an Order by the Customer as long as they are visible on the Website at the time of the Customer's placement of the Order.

4.4. Information and Assistance

The Customer may receive assistance or information about the fulfillment of his/her Order by contacting Customer Service.

 By email to the following address: customercare@natalys.com

4.5. Data Collection

The data collected by the Seller on the Website are used to complete the customer file. The Customer may consent or object to the use of the collected data, including the use thereof by third parties, under the terms of the "Personal Data Collection" article of these T&C.

4.6. Order Changes

The Orders submitted to the Seller are final and irrevocable, and the Client may not, under any circumstances, make changes to the Order once it is placed.

4.7. Order Cancellation

It is possible to cancel the Order as long as it has not already been accepted by the carrier. The Customer may contact Customer Service for information about order fulfillment status:

By email to the following address: customercare@natalys.com

 

ARTICLE 5: Baby Shower and Gift Registries

The Customer may gather all the Products required for his/her baby's arrival into a Baby Shower Registry / Gift Registry (hereinafter the "List").

The List enables all individuals (family, friends, acquaintances) with whom the Customer shares the List (hereinafter "Loved One" or "Loved Ones"), through the Website, to contribute the full or a partial amount toward the total price of the list or one or more Product(s) on the list, on the Customer's behalf. The Loved One must register on the Website and thus is able to:

- Deposit a lump sum, not affiliated with a specific Product on the List,

- And/or pay the amount corresponding to one or more Products on the List.

The amounts paid are not applied toward any specific Product and can be used only for Orders of Products sold directly by the Seller.

Any and all contributions to a List are final and non-refundable. The Customer reserves the right to view the Products in the store and to apply or reallocate the amounts paid toward the exact Products he/she desires. As a contribution to a List is not a purchase, it is not subject to the Distance Selling Regulation under Articles L221-1 et seq. of the Commercial Code.

The payment methods are specified in the "Prices" article of these T&C.

The pooled funds can be used to pay for any purchase in the store or directly on the website. 

5.1. Customer Identification

If the Customer has an account on the Website, he/she may use his/her valid login and password to access the List page on the Website. Otherwise, he/she will need to create a customer account following the specified process prior to creating his/her List. The login and password thus established will be valid on the Website.

However, if a Customer who does not have an account on the Website created his/her List in person at a Natalys store, he/she must provide an email address in order to create the customer account. In such a case, if the Customer wishes to access his/her List on the Website, he/she will need to visit the "Login" page and click on "Forgot password." An email will then be sent to the Customer with a password that can be used, along with his/her login, to access his/her Customer account and List.

5.2. Creating the List

If the Customer so desires, he/she may give name the List and write a description in the field set aside for that purpose, which will be visible to the Loved Ones. He/she must enter the baby's due date prior to selecting any Products and may enter the full name of his/her partner.

5.3. Customer's Selection of Products

Once logged onto the Website, the Customer may select the Products he/she wishes to receive by clicking the "Add to My List" tab on the Product descriptions. Only Products sold on the Website may be added to the List. Moreover, the Customer may modify his/her choices at any time. As Product availability may vary while the List is online, the Customer is encouraged to check it regularly. Any change in Product availability will appear automatically on the List.

5.4. Sharing the List

After approving the List, the Customer may notify Loved Ones using a module on the Website. The Customer may continue adding to the List after sending a message to the Loved Ones. The Loved Ones will then receive an email at the address provided by the Customer, providing directions for use and a direct link to the List. The Customer may also post the List to social media sites (Facebook, Twitter, and Instagram), if desired, by clicking the icons provided. He/she must then log onto his/her personal account on the social media site in question in order for a link to the List to appear on his/her personal page.

5.5. Period of Validity of the List

The List created by the Customer will be valid for a period of 270 days from the date of creation (subject to activity). The Customer may close the List at any time, or when the balance of gifts made (hereinafter the "Pool") reaches zero (0) and no other Products remain pending. If the Customer does not close his/her List after a period of 270 days, the Seller reserves the right to close the Pool automatically and issue an e-gift card, in the Customer's name, in an amount equal to the remaining funds. The e-gift card thus issued will be valid for use on the Website or in the store, with no minimum purchase required, for a period of one year. In the event of fraudulent use of the List by the Customer, the Seller reserves the right to close the List after providing notice to the Customer.

ARTICLE 6: Product Descriptions

In accordance with Article L. 111-1 of the French Consumer Code, as amended by the French Law of March 17, 2014, the Customer may, prior to placing an Order, learn through the Website the essential characteristics of the Product(s) he/she wishes to purchase.

The Seller may offer to customize certain products for the Client, such as embroidered text on textiles, customizable items, or any special request made by the Customer regarding a Product.

 After placing an order for one or more customized Product(s), the Customer must approve the preview of the selected text in order to ensure the accuracy of the message (particularly in the case of embroidery: the content and color of the message), or approve the preview of the Product or of his/her requests regarding the Product.

The Customer's approval entails his/her full and unreserved acceptance of any product customization instruction as submitted to the Seller.

The Customer shall assume sole responsibility for the text selected for customization of his/her Product. The Customer undertakes:

- to respect existing intellectual property rights (in particular: brands, copyright, personality rights, etc.),

- not to submit any text the content of which may prove to be illicit or contrary to accepted principles of morality (in particular: text of a pornographic or racist nature, etc.)

Under no circumstances shall the Seller be held liable for consequences stemming from the Customer's special requests or for any element of customization carried out for the Customer. 

Store personnel assisting the Customer with an order reserve the right not to accept any order of customized Products that fails to meet the above-mentioned criteria. Likewise, the Seller reserves the right to cancel any such order.

ARTICLE 7: Description of Gift Cards

7.2.1. Description

The Gift Card, hereinafter called "Gift Card(s)," is offered only in stores. It is valid for the purchase of any and all Products, including Products on sale and/or clearance. The Gift Card can be used in all stores located within the territory specified in the "Territory" article of these T&C, or for any Order placed on the Website. The Gift Card is transferable and its use is the exclusive responsibility of the bearer of the Gift Card. The resale of a Gift Card is strictly prohibited. The loss of a Gift Card, regardless of the reason (destruction, theft, etc.), shall not give rise to any refund. The card has a face value ranging from €1 to €300.

7.2.2. Validity Period

The validity period of Gift Cards is twelve (12) months from the date of issue. The Customer can check the expiration date at the register in any store, or on the Website by clicking Gift Card and entering the Card number.

72.3. Methods and Places of Use

7.2.3.1. The Gift Card may be used following a six (6)-hour period after purchase.

7.2.3.2. The Gift Card may be used multiple times until the balance runs out. For a purchase greater than the card balance, all other payment methods generally accepted in stores or on the Website will be accepted.

7.2.3.3. Multiple Gift Cards can be used as payment toward the same purchase.

7.2.3.4. The Gift Card can be used only on the Website or in Natalys stores located within the territory specified in the "Territory" article of these T&C.

The Gift Card may also be used for the purchase of any and all items sold in Natalys stores located only within the territory specified in the "Territory" article of these T&C.

7.2.3.5. When the gift card is used as a payment method, the Customer will be notified of the remaining balance on the card. If the purchase is made on the website and the order total is greater than the card balance, the customer will be notified that the card balance is "insufficient" to pay for the order.

7.2.4 Availability

The Seller reserves the right to amend the items offered on the Website at any time and without prior notice.

Article 8: Description and Terms and Conditions of Use of the Natalys Loyalty Card

In order to obtain a Natalys loyalty card free of charge, simply provide the following information at any Natalys store: surname, given name (required); mailing address, email address, and telephone number (optional).

This card is personal and non-transferable. Only one Loyalty Card is accepted per household (defined as individuals living at the same address). Any change of mailing or email address, or birth of a child, may be updated at any store or on the Website.

The loyalty program allows the bearer of the card to earn points, by presenting the card, on all purchases made at Natalys stores or on the Website.

The accumulated purchase points are non-transferable and cannot be exchanged for cash.

Once the cumulative purchases reach a threshold of €200 including taxes (200 points), a Loyalty Check in the amount of €10 including taxes, bearing the loyalty card number, may be issued in store to the member. This Loyalty Check is valid for 3 months on a later purchase (expiration date shown on the Loyalty Check) and can be used in conjunction with other discounts, upon presentation of the member's loyalty card.

The Loyalty Check is valid exclusively at Natalys stores. This Loyalty Check cannot be exchanged for cash under any circumstances. In the event of loss or theft, the check cannot be reissued. Once the €10 Loyalty Check is issued, the member's loyalty card account is debited 200 points (or 400 points for a €20 Loyalty Check, or 600 points for a €30 Loyalty Check). Torn or damaged Loyalty Checks may be rejected.

In the event that a previous purchase is returned and refunded, the points associated with that refunded purchased will be deducted from the accumulated point total as of the refund date. 

In the event that a previous purchase counted toward the loyalty card is exchanged in the store, the exchange will be accounted for under the following conditions:

• If the exchange is for an item of lesser value, the amount refunded to the customer will be deducted from the Customer's total accumulated points as of the exchange date.

• If the exchange is for an item of greater value, the Customer will pay the difference. That amount will be added to the total accumulated points as of the exchange date. 

The rules, requirements, and benefits described herein may be modified or eliminated, in whole or in part, at any time. In that case, notice of the changes will be posted in the stores and on the Website at least 15 days in advance. No modification or elimination will give rise to any compensation of any kind to the member.

The member must give notice, at a Natalys store, of any loss or theft of his/her loyalty card. A new card will then be issued to him/her. The unused purchase points will be transferred to the new card.

In accordance with Regulation (EU) No. 2016/679, known as the General Data Protection Regulation, you have a right to access and rectification of your data, which you may exercise by sending an email to rgpd@groupe-gpe.com or by writing to:

Natalys

Service RGPD Informatique

49/51 rue Émile Zola
93189 Montreuil Cedex

France

Article 9: Prices, Discounts, and Loyalty Checks

9.1. Applicable Prices

Any Order is understood as the Customer's acceptance of the prices and descriptions of the Products and services offered for sale on the Website.

The prices are listed in euros and include VAT and all other applicable taxes. They do not include shipping fees, which are payable by the Customer. The value-added tax (VAT) applied to the Order is always the rate in force as of the date of the Order.

The Seller is free to modify the sale price of its Products and services at any time. Should one or more taxes or assessed contributions be established, increased, or decreased, that change may be reflected in the sale price of the Products listed on the Seller's Website.

However, the Seller undertakes to charge the Customer the prices and taxes indicated to the Customer upon confirmation of his/her Order. Moreover, the Customer is notified of the shipping and handling fees for his/her Order upon checking the shopping cart and upon placing the Order.

9.2. Discount Offers

Offers, codes, and coupons (hereinafter "Discount(s)" are valid only for the period and subject to the terms of the offer in question. Under no circumstances can they be converted into a refund or cash due to the Customer.

The Discounts can be used only by the Customer in question and are not transferable to a third party. They are deducted from the Order total, including all taxes but excluding shipping and handling fees. Unless otherwise stated in a specific Discount offer, Discounts cannot be used in conjunction with one another when placing an Order.

When the Customer enters multiple Discounts on the Website at the same time for the same Order, he/she will only enjoy the Discount with the greatest value.

9.3. Loyalty Check

The loyalty points earned by the Customer over the course of his/her prior purchases from the Seller with presentation of the loyalty card (hereinafter the "Vouchers") can, upon request, earn the Customer loyalty checks at a rate of 10 euros including all taxes per two hundred (200) points. Loyalty checks are specific to the loyalty card number and can be used within three (3) months of issue.

Once the €10 Loyalty Check is issued, the member's loyalty card account is debited 200 points (or 400 points for a €20 Loyalty Check, or 600 points for a €30 Loyalty Check).

The Loyalty Check is valid exclusively at Natalys stores.

The Loyalty Check can be used only by the Customer who holds that loyalty card; it is not transferable to a third party. It is valid under the terms described by the Seller to the Customer, particularly with regard to the expiration date and terms of validity.

Unless otherwise noted on the loyalty check, loyalty checks may be used in conjunction with one another and with other valid discounts, upon presentation of the member's loyalty card. Under no circumstances can loyalty checks be converted into a refund or cash due to the Customer.

The face value of a Loyalty Check must be used in full for one Order; the check may not be divided among multiple Orders.

Loyalty checks are neither exchangeable nor refundable. The Loyalty Check cannot be exchanged for cash under any circumstances. In the event of loss or theft, the check cannot be reissued.

Torn or damaged Loyalty Checks may be rejected.

- If the Loyalty Check amount is less than the total amount (including all taxes but excluding shipping and handling fees) of the Products that the Customer wishes to order, the Customer must pay the difference between those two amounts, as well as the shipping and handling fees for the Products ordered.

- If the Loyalty Check amount is equal to the total amount (including all taxes but excluding shipping and handling fees) of the Products that the Customer wishes to order, the Customer's Order will be confirmed and the Customer must pay only the shipping and handling fees for the Products ordered.

- If, for any reason, an Order is not approved by the electronic payment server, the Loyalty Check will be unavailable for use for 72 hours. After that period, it will be reactivated and may be used by the Customer for a new Order.

The portion of the order total that is paid by loyalty check cannot be refunded. In the event of a refund request for an order paid in full with a loyalty check, the items are therefore non-refundable. In the event of a refund request for an order paid in part with a loyalty check, the Customer will be refunded for the price of the item(s) returned, minus the loyalty check amount, divided (if applicable) by the number of items included in the order.

ARTICLE 10: Payment

10.1. Payment Currency

The payment currency for Orders is the Euro (€).

10.2. Payment Terms

10.2.1. Payment is made exclusively online, at the time of Order placement, by bank card. Only CARTE BLEUE, VISA, EUROCARD, and MASTER CARD are accepted. The Customer must enter his/her card number, the expiration date, and the 3-digit number that appears on the back of the card. The Seller guarantees secure online payment.

The Customer may also pay by:

Customers residing in Belgium may also pay by Bankontact.

Customers residing in Austria or Germany may also pay by Giropay or Sofort.

Customers residing in Portugal may also pay by Multibanco.

10.2.2. All Orders are paid upon placement. The final confirmation of the Order takes place once the payment is confirmed. The bank account associated with the payment method used by the Customer will be debited upon the Customer's final placement of the Order on the Website. The Seller may postpone or cancel any Order and/or delivery, of any nature and at any stage of fulfillment, in the event of non-payment of any amount due by the Customer or in the event of a payment irregularity. Subsequently, any new Order placed by the Customer may be rejected, or any delivery to the Customer may be postponed, in the event of the full or partial absence or delay of payment for a prior Order. The Customer will be notified thereof by the Seller.

10.2.3. Any refund made to the Customer's account in the event that an item is unavailable will not give rise to any type of compensation, financial or otherwise.

10.3. Data Processed by the Seller

The Customer warrants to the Seller that he/she possesses the necessary authorization to use the payment method selected when placing his/her Order. Confirmation of the Order is subject to confirmation from the bank payment system selected by the Seller. In the event that the bank declines payment, the Order is not finalized and is canceled. As part of internet fraud prevention initiatives, data regarding the Order and the Customer's payment method may be transmitted by the Seller to any third party for verification purposes.

The Seller, working in collaboration with the bank handling electronic payments, monitors all Orders confirmed on the Website. As a result, any Order in which the shipping address differs from the Customer's billing address may be subject to verification by the Seller. In this context, the Seller may have cause to ask the Customer for information and documents necessary to fulfill the Order: proof of residence of the Customer and/or the person listed at the delivery address, proof of the Customer's banking information, etc. These requests may be made of the Customer by email or telephone.

Should the Client fail to respond or refuse to provide the information necessary to fulfill the Order, the Order will be canceled.

10.4. Data Processed by the Bank Handling Payments

In order to ensure the security, integrity, and confidentiality of payments made through the Website, the Customer's bank card data are encrypted using SSL (Secure Socket Layer) protocol by ADYEN, a Dutch company registered under number 34259528, with headquarters located at Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, The Netherlands. At no time are the Customer's bank card data processed through the Seller's computer system; the Seller's transaction system thus complies with PCI DSS standards. PCI DSS is an international security standard intended to ensure the confidentiality and integrity of collected banking data, thereby protecting data and transactions.

10.5. Payment in Three (3) Installments by Bank Card

"BCx3" is a payment solution in three (3) installments by bank card, allowing the Customer to spread out the payment of an Order totaling between €150 and €2,000 (including delivery) over three (3) payments.

Example: For a €600 purchase, the Customer makes the first payment of €200 on the Order date, followed by two additional payments thirty (30) and sixty (60) days after the Order date.
Total cost of the credit transaction: €600.

This service is managed by the Seller's partner, ONEY BANK, a société anonyme [corporation] with capital of €50,741,215, registered under number 546 380 197 with the Trade and Companies Register of Lille Métropole, with headquarters located at 40 avenue de Flandre, 59170 Croix, France. - Telephone number: 3670 (billed at €0.15/minute + price of call, service available Monday–Friday from 8 a.m. to 8 p.m. and Saturday from 8:30 a.m. to 8 p.m.).

The Customer enjoys the right of withdrawal stipulated in the "Returns and Exchanges" article of these T&C.

ARTICLE 11: Delivery and Assembly

Delivery is available only within the territory defined in the "Territory" article of these T&C and is made by the carrier selected by the Customer, based on package size, to the delivery address indicated by the Customer.

Furniture is delivered to the specified floor. Child care and clothing items are delivered to the ground floor.

11.1. Delivery Methods

Our order management system does not permit us to guarantee that an order will be shipped in a single package. The Customer may receive his/her Order in 1, 2, or no more than 3 packages.

Delivery takes place at the address selected by the Customer.

The Customer may use the tracking number to monitor the progress of his/her package on the carrier's website.

The Customer is notified that it is his/her responsibility to provide all the necessary details for proper transportation and precise delivery of his/her Order (exact address, building access code, etc.).

If the Customer is not present at time of delivery, a delivery notice is used to notify the Customer of the storage and availability of his/her package, under the full and exclusive responsibility of the carrier.

The Customer assumes full and exclusive responsibility for the risk of loss or damage to the Products upon delivery.

11.2. Delivery Fees

Delivery fees vary based on the shipping method selected by the Customer.

The fees are listed under the "Delivery and Returns" tab on the Website.

Shipping fees are listed for information purposes only. The Seller reserves the right to change them at any time.

11.3. Delivery Timeline

11.3.1. Delivery timelines are provided for information purposes only; they are dependent upon multiple factors, notably the carriers' availability and the order in which Orders are received.

The Seller endeavors to meet the delivery deadlines indicated upon Order acceptance, based on industry-standard logistical timelines, and to fulfill Orders, except in cases or force majeure or circumstances beyond its control, including but not limited to strikes, frost, fire, storm, flood, epidemic, and supply difficulties.

Delivery delays of less than thirty (30) days do not constitute cancellation or modification of the T&C and cannot give rise to damages, except as provided in the following article.

11.3.2. The Seller nonetheless undertakes to deliver the ordered Products within a period of no more than thirty (30) days following conclusion of the T&C. In the event that the maximum delivery period is exceeded, the Customer may request cancellation of the Order and demand a full refund, including delivery fees, from the Seller, within a period of fourteen (14) days.

11.3.3. The fulfillment deadlines that appear on an Order are accepted by and binding upon the Seller only under the following conditions: the Customer's compliance with payment terms and the absence of force majeure events or an unforeseeable and insurmountable act by a third party.

11.4. Ownership, Risks, and Transportation

11.4.1. Ownership and Risks

The transfer of ownership to the Customer does not occur until after the Customer pays the sale price in full. The transfer of risks to the Customer occurs upon the Customer's receipt of the Order.

11.4.2. Transportation

In the event of missing items or damage to delivered goods, the Customer may make all due reservations to the carrier, which does not affect his/her right of withdrawal.

11.5. Delivery Tracking and Receipt

After placing an Order, the Customer receives a confirmation email. A second email is sent thereafter, including an Order tracking number allowing the Customer to track the progress of Order delivery.

Upon delivery of the package, a Delivery Note is presented to the Customer for his/her signature. If the carrier is unable to deliver the package to the Customer (Customer not present, incorrect address, etc.), a delivery notice is left for the Customer, detailing the package collection instructions. If the package is not picked up, with a valid identification document, by the deadline shown on the delivery notice, the package is returned to the Seller.

In the event that Products are delivered damaged (damage to packaging, package already opened, etc.), the Customer may decline to accept them. If the Customer notices damage only after accepting delivery, he/she must contact Customer Service immediately for an exchange or refund of the Product(s), following the procedure detailed in the "Returns and Exchanges" article of these T&C.

If the Customer is unable, for any reason, to collect his/her Order, a third party may take receipt thereof by presenting the email with the pickup code, the Customer's identification document, and an attestation signed by the Customer authorizing that third party to pick up the Order and specifying the Order number. The third party's identification document and signature will also be required.

If the Order is not picked up within fifteen (15) days, it will be returned to the Seller's warehouse. The Order will be canceled and refunded within a period of fourteen (14) days following the date on which the returned goods are received at the Seller's warehouse.

If the delivery address provided by the Customer is incorrect, the Order will be returned to the Seller's warehouse, canceled, and refunded within a period of fourteen (14) days following the date on which the returned goods are received at the Seller's warehouse.

11.6 Furniture Assembly

A furniture assembly service is offered to the Customer and is billed at a rate of €35 per furniture item, or €90 for assembly of three (3) or more furniture items.

ARTICLE 12: Returns and Exchanges

12.1. Returns

12.1.1 Legal Right of Withdrawal

12.1.1.1 Time Limit for Legal Right of Withdrawal

In accordance with the legal provisions in force, the time limit within which the right of withdrawal may be exercised without specifying the reasons or paying a penalty is fourteen (14) days.

That period begins:

- as of the date of receipt of the Products by the Customer or a third party, other than the carrier, designated by him,

- or as of the date on which the Customer has picked up his order in the store, in the event of a withdrawal in the store.

After communicating his/her decision to exercise the right of withdrawal within that fourteen (14)-day period, the Customer has another period of fourteen (14) days in which to return the Product(s) in question (except those mentioned in clauses 11.1.3 and 11.1.4 hereinbelow, which are not subject to return).

12.1.1.2. Terms of Exercise of the Legal Right of Withdrawal

The Customer may exercise the right of withdrawal, without needing to provide a reason for his/her decision, by any means, in particular by mail or email, by expressing his/her intention unambiguously and noting the Order to which the withdrawal pertains.

To exercise his/her right of withdrawal, the Customer may send the standard return form (Annex I), duly  filled out, to us at the following address:

GPE SAS

Natalys Customer Service

49-51 rue Emile Zola

93189 Montreuil Cedex

FRANCE

By email to the following address: customercare@natalys.com

Once the return form or declaration has been sent to the Seller, no later than fourteen (14) days after receipt of the Order, the Customer must send the Product(s) in question to the Seller within a reasonable time frame and no later than within fourteen (14) days of sending the return form or declaration to the Seller.

Products returned by the Customer to the Seller must be addressed to:

MR LOGISTIQUE

Allée des Peupliers

ZI Plaine de l'Ain

Bat. B Cellule 1

01150 SAINT VULBAS

FRANCE

Returns are to be made in the original, complete state (packaging, accessories, etc.) so that they can be resold as new.

In the event that the right of withdrawal is exercised, the Seller will refund the full amount paid to the Customer, including the price of the Product(s) included in the return and the delivery fee for the Products ordered by the Customer, prorated according to the value of the Product(s) included in the return. The Seller is not required to refund additional fees to the Customer if the Customer expressly chose a more expensive shipping method than the standard method offered on the Website.

The return shipping fee for the returned Products will not be reimbursed by the Seller.

The refund will be made no later than fourteen (14) days after the return date, using the same payment method as was used for the Order, unless the Customer expressly agrees to a refund using a different payment method. If the Seller fails to make the refund within the period specified above, penalties will be applied in accordance with regulations in force.

The refund date may be postponed until the Product is received or until the Customer provides proof of shipping of the Product. The date used to calculate the refund deadline will be the earlier of those two events.

No refunds will be made in the form of gift certificates or vouchers.

However, in the event of full or partial payment by gift checks, such payments cannot be refunded, whether in cash or by check or bank card. Refunds for purchases made by gift checks will be issued exclusively in the form of gift checks in the exact amount paid by that method.

Any benefits obtained from purchase of the Product, such as through the use of a loyalty card, will be canceled in the event that the Product is returned and refunded.

12.1.2. Contractual Right of Withdrawal

12.1.2.1. Time Limit for Contractual Right of Withdrawal

In addition to the legally recognized consumer right of withdrawal mentioned above, a period of thirty (30) days is granted to the Customer to return the products (except those mentioned in clauses 11.1.3 and 11.1.4 hereinbelow, which are not subject to return).

That period begins:

- as of the date of receipt of the Products by the Customer or a third party, other than the carrier, designated by him,

- or as of the date on which the Customer has picked up his order in the store, in the event of a withdrawal in the store.

12.1.2.2. Terms of Exercise of the Contractual Right of Withdrawal

The Customer may exercise the right of withdrawal by any means, in particular by mail or email, by expressing his/her intention unambiguously and noting the Order to which the withdrawal pertains.

To exercise his/her right of withdrawal, the Customer may send the standard return form (Annex I), duly  filled out, to us at the following address:

GPE SAS

Natalys Customer Service

49-51 rue Emile Zola

93189 Montreuil Cedex

FRANCE

By email to the following address: customercare@natalys.com

Once the return form or declaration has been sent to the Seller, no later than thirty (30) days after receipt of the Order, the Customer must send the Product(s) in question to the Seller within a reasonable time frame and no later than within thirty (30) days of receipt of the Order.

Products returned by the Customer to the Seller must be addressed to:

MR LOGISTIQUE

Allée des Peupliers

ZI Plaine de l'Ain

Bat. B Cellule 1

01150 SAINT VULBAS

FRANCE

Returns are to be made in the original, complete state (packaging, accessories, etc.) so that they can be resold as new.

In the event that the contractual right of withdrawal is exercised, the Seller will refund the full price of the Product(s) included in the return to the Customer. The Seller is not required to refund delivery fees to the Customer.

The return shipping fee for the returned Products will not be reimbursed by the Seller.

The refund will be made no later than fourteen (14) days after the return date, using the same payment method as was used for the Order, unless the Customer expressly agrees to a refund using a different payment method. If the Seller fails to make the refund within the period specified above, penalties will be applied in accordance with regulations in force.

The refund date may be postponed until the Product is received or until the Customer provides proof of shipping of the Product. The date used to calculate the refund deadline will be the earlier of those two events.

No refunds will be made in the form of gift certificates or vouchers.

However, in the event of full or partial payment by gift checks, such payments cannot be refunded, whether in cash or by check or bank card. Refunds for purchases made by gift checks will be issued exclusively in the form of gift checks in the exact amount paid by that method.

Any benefits obtained from purchase of the Product, such as through the use of a loyalty card, will be canceled in the event that the Product is returned and refunded.

12.1.3. Exemption of Customized Products from the Right of Withdrawal

Customized Products cannot be exchanged or refunded and are not subject to the right of withdrawal. However, customized Products retain the benefit of all legal guarantees referred to in the "Guarantees" article of these T&C.

12.1.4. Gift Cards

In accordance with regulations in force, gift cards that have been edited according to the Customer's specifications, particularly with a personalized message, are expressly excluded from the right of withdrawal.

The Seller disclaims any liability regarding the content of the message, which the Customer must warrant includes no content contrary to the public order, accepted principles of morality, or internet codes of ethics.

Moreover, the parties expressly agree that any use of the Gift Card during the legal period of the right of withdrawal constitutes an express, irrevocable waiver of the right of withdrawal.

12.2. In-Store Returns

A period of thirty (30) days is granted to the Customer to return the Products (except those mentioned in clauses 11.1.3 and 11.1.4 hereinbelow, which are not subject to return) to the Natalys store of his/her choice (excluding factory stores). The Customer must go to the store with the invoice or packing slip and the Products in their original packaging.

That period begins:

- as of the date of receipt of the Products by the Customer or a third party, other than the carrier, designated by him,

- or as of the date on which the Customer has picked up his order in the store, in the event of a withdrawal in the store.

12.3. In-Store Exchanges

In order to exchange a Product purchased online, the Customer may go to any of the Natalys stores located within the territory described in the "Territory" article of these T&C with the packing slip or the printable invoice from the "My Account" section of the Website. The Customer may exchange the Product, subject to availability of items in the store.

If the purchases made online were discounted through Private Sales, only size exchanges may be made in the store.

If the purchases made online included online-exclusive items, it is not possible to conduct exchanges or refunds in the store. It will also be impossible to get a gift certificate voucher in stores. The return can be made only by shipping the item directly to the warehouse.

ARTICLE 13: Legal Guarantees

13.1. Legal Guarantee of Compliance

In accordance with European directives 44/99/EC and 85/374/EEC, the Products enjoy legal guarantees of compliant delivery and against hidden defects, allowing the consumer to return any Products delivered in a non-compliant or defective state.

The Customer must provide evidence of the existence of the defects. The Seller reserves the right to make any on-site observations or verifications, whether directly or indirectly.

If defects or deterioration of the delivered Products occur subsequent to abnormal storage and/or preservation conditions in the Customer's care, and particularly in the event of any type of accident, the Seller will not be liable for the guarantee.

This legal guarantee of compliance is applicable independent of any commercial warranty that may be granted by the Seller.

As a reminder, under the legal guarantee of compliance, the consumer:

• has a period of two years following delivery of the item in which to take action against the seller thereof;

• may choose between repair and replacement of the item, unless the cost of the latter option is plainly excessive;

• is exempt from providing proof of the existence of the item defects during the twenty-four (24) months following delivery of the item.

 

As a reminder, the consumer may decide to invoke the guarantee against hidden defects in the item sold, in which case he/she may choose between cancellation of the purchase or a discounted sale price.

13.2. Commercial Warranty.

In addition to the legal guarantees described in the "Guarantees" article herein, the Customer may enjoy a commercial warranty on certain Products. In order to benefit from the commercial warranty on a Product, it is necessary to keep the purchase receipt for the Product.

13.3 Terms of Return for Defective Products.

In the event that one or more Product(s) are delivered with defects or damage, or do not correspond to the Order, the Customer must return the Product(s) following the procedure described below.

The Products returned to the Seller must have been purchased previously by the Customer through the Website and have been delivered to him/her. They must be accompanied by a return form attached to the packing slip for the Product addressed to the Customer, or attached as a PDF, in order to prove that the Product was purchased on the Website on a specific date.

The Products must be returned to the Seller in the original condition in which the Customer received them, with all parts (accessories, etc.), in suitable packaging for shipment.

The Customer must contact Customer Service as follows:

By postal mail to the following address:

GPE SAS
Natalys Customer Service
49-51 rue Emile Zola
93189 Montreuil Cedex

FRANCE

By email to the following address: customercare@natalys.com
 

Products returned by the Customer to the Seller must be addressed to:

MR LOGISTIQUE
Allée des Peupliers
ZI Plaine de l'Ain
Bat.
B Cellule 1
01150 SAINT VULBAS

FRANCE

The Customer is responsible for the return of the Product to the Seller.

In the event that the legal guarantee of compliance is invoked, the return shipping fees will be reimbursed by the Seller according to the postal rates in force in the territory indicated in the "Territory" article of these T&C.

Beyond the legal withdrawal period and after the Seller's receipt of the return package, the Seller will verify the compliance of the returned Product and the reason for return. If the returned Product does not justify a refund or exchange, the return will be refused by the Seller and the Product will be made available to the Customer at the Seller's warehouses, or it may be shipped to the Customer at the latter's request and expenses, within three (3) months of the Seller's receipt of the Product returned by the Customer.

ARTICLE 14: Intellectual Property.

All copyrights, graphic design rights, depictions, and trademarks, as well as all other intellectual property rights to any information on the Website, remain the exclusive property of the Seller under all circumstances.

Likewise, all elements of the Website, whether visual or audio, including the underlying technologies, brands, logos, drawings, and models appearing on the Website, are protected by copyright, trademarks, or patents and remain the exclusive property of the Seller.

The disclosure thereof shall under no circumstances be construed as the granting of any license or right of use of the said brands and distinctive elements protected by copyright. As a result, they must not be used, under pain of infringement.

Nothing in these T&C, nor in the content of the Website, can be interpreted as granting a direct or implicit license or right other than the right to view the Website.

Therefore, no document on the Website may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any manner whatsoever. The reproduction, in whole or in part, of any documents, images, or content published on the Website is authorized solely for the purpose of information for private, personal use. Any reproduction or use of copies made for other purposes without the prior authorization of the Seller is expressly prohibited.

ARTICLE 15: Liability.

15.1. The Seller may exonerate itself from all or part of its liability in the event of the non-performance of its obligations or the poor performance of its obligations by Customer, or to the unforeseeable and insurmountable act of a third party, or to a case of force majeure as defined by law and by the French courts.

The following are considered cases of force majeure or unforeseeable circumstances:
- events outside the control of the parties,
- events that the parties could not reasonably be expected to foresee,
- events that the parties could not reasonably avoid or overcome,
- events the occurrence of which renders the execution of the obligations entirely impossible.

Under such circumstances, the Seller will notify the Customer in writing, in particular by fax or email, within twenty-four (24) hours of the date of occurrence of the events. The T&C that bind the Seller and Customer are then automatically suspended, without compensation, as of the date of occurrence of the event.

15.2. If the events last for more than thirty (30) days following the date of occurrence, the sale contract may be canceled by the earliest petitioner without award of damages. The cancellation will take effect upon first presentation of the written termination of the T&C via registered letter with acknowledgment of receipt.

15.3. Likewise, the Seller cannot be held liable for any inconvenience or harm related to the use of the internet, in particular any interruption of availability of the Website, a break in service, outside interference or the presence of computer viruses, loss or alteration of data or files, or for direct harm, regardless of the causes or consequences thereof.

ARTICLE 16: Electronic Signature, Proof, and Archiving.

The provision of the bank card number online and the final approval of the Order constitute proof of the completeness of the Order and entail the Customer's liability for the total amount of the Order.

The Parties agree that all data, information, files, dates and times of Website viewing and Order placement, and any and all other digital elements exchanged between the Parties will constitute means of valid, admissible, actionable evidence between the Parties and in courts of law, having the probative force of a privately signed document.

The Parties undertake not to contest the admissibility, validity, actionability, or probative force of the elements listed above in electronic form, on the basis of their electronic nature. In the absence of evidence to the contrary, these elements will be valid and actionable between the Parties in the same manner, under the same conditions, and with the same probative force as any document that may be drawn up, recorded, or preserved in writing in 

accordance with Article 1366 of the French Civil Code. The Seller archives Order Forms and invoices on a durable, reliable medium, which constitutes a complete and durable copy.

In the event of fraudulent use of his/her bank card by a third party, the Customer is urged to notify the Seller immediately, either in writing or by calling Customer Service, providing the Seller the bank card number in question, the Order date, and proof of his/her identity. However, this notification does not give rise to a right to reparation on the Customer's part, nor to any reimbursement by the Seller. If applicable, a request for the reparation or reimbursement of the Customer may be directed by the Customer to the issuing bank of the bank card in question, under the terms established by law and by the applicable contract with the bank in question.

ARTICLE 17: Completeness.

In the event that one of the clauses of these T&C is rendered null and void by a change in laws or regulations or by a court decision, the validity and compliance with these T&C shall in no way be affected.

ARTICLE 18: Waiver.

In the event that, at a given moment, the Seller does not invoke any one of the clauses herein, this does not constitute a waiver of its right to invoke those same clauses at a later date.

ARTICLE 19: Personal Data Collection.

The Seller collects, uses, stores, and transmits certain personal data provided by the Customers (hereinafter the "Data") in strict compliance with Regulation (EU) No. 2016/679 (General Data Protection Regulation of 27 April 2016).

The Seller accounts for these provisions, and for Customers' rights, under the Privacy Policy tab on the Website.

In the event of fraudulent use of his/her bank card by a third party, the Customer is urged to notify the Seller immediately, either in writing or by calling Customer Service, providing the Seller the bank card number in question, the Order date, and proof of his/her identity. However, this notification does not give rise to a right to reparation on the Customer's part, nor to any reimbursement by the Seller. If applicable, a request for the reparation or reimbursement of the Customer may be directed by the Customer to the issuing bank of the bank card in question, under the terms established by law and by the applicable contract with the bank in question.

ARTICLE 17: Completeness

In the event that one of the clauses of these T&C is rendered null and void by a change in laws or regulations or by a court decision, the validity and compliance with these T&C shall in no way be affected.

ARTICLE 18: Waiver

In the event that, at a given moment, the Seller does not invoke any one of the clauses herein, this does not constitute a waiver of its right to invoke those same clauses at a later date.

ARTICLE 19: Personal Data Collection

The Seller collects, uses, stores, and transmits certain personal data provided by the Customers (hereinafter the "Data") in strict compliance with Regulation (EU) No. 2016/679 (General Data Protection Regulation of 27 April 2016).

The Seller accounts for these provisions, and for Customers' rights, under the Privacy Policy tab on the Website.

By accepting these T&C, the Customer agrees that the Seller, in its capacity as data processor, processes his/her data in order to perform this contract. These data are stored only as long as necessary to achieve the objective in pursuit of which the data were collected, unless otherwise provided by law. The data can be communicated only to the Seller's internal departments and to service providers acting in the interest of the previously described purpose.

The Customer has a right of access, rectification, objection, and deletion of data. To exercise these rights, please send a letter specifying your request and attach proof of identity.

By postal mail to the following address:

GPE SAS

Service RGPD Informatique

49-51 rue Emile Zola

93189 Montreuil Cedex

By email to the following address: rgpd@groupe-gpe.com

For more information, the Customer may view our Data Protection Policy on the website www.en.natalys.com.

 

ARTICLE 20: Changes to the T&C

The Seller reserves the right to amend the content of these T&C, unilaterally and at any time. The amended T&C enter into force upon publication on the Website. For this reason, the Seller encourages the Customer to review the T&C on a regular basis. The Customer is notified that the latest version of the T&C will govern his/her access to and/or use of the Website. The Customer agrees to claim no compensation in the event of the interruption, suspension, or amendment of these T&C.

The T&C can be sent, free of charge, to any person addressing such a request to Customer Service.

By postal mail to the following address:

GPE SAS

Natalys Customer Service

49-51 rue Emile Zola

93189 Montreuil Cedex

By email to the following address: customercare@natalys.com

ARTICLE 21: Applicable Law and Competent Courts .

21.1. These T&C are governed by French law and will be interpreted accordingly, without prejudice to any other preponderant, mandatory rule in force in the Customer's country of usual residence. The language of these T&C is the French language.

21.2. In the event of any dispute originating in the application, interpretation, or execution of these T&C, or related to the use of the Website or to any purchase made through the Website, French courts will have sole jurisdiction. If, and only if, the Customer is a consumer, this dispute will be brought before the Courts territorially competent under the Code of Civil Procedure or before the Courts of the Client's legal residence at the time of the sale or the occurrence of the harmful event.

21.3. Moreover, the Customer has the option, in the event of a dispute, to seek recourse through a conventional mediation process or any other alternative means of settlement or conflict resolution. The GPE Group is a member of FEVAD (60 rue de la Boétie, 75008 Paris, France). As such, it adheres to the FEVAD code of ethics and e-commerce mediation system. In the event of a dispute, the Customer may be offered mediation. For more information, visit: www.fevad.com.

21.4. The European Commission provides consumers with an Internet platform for online dispute resolution ("ODR platform"). This platform serves as a contact point for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. The Platform can be accessed at the following link: http://ec.europa.eu/consumers/odr/.

ARTICLE 22: Customer Service / Contact

Please contact Customer Service regarding any claims:

By postal mail to the following address:

GPE SAS
Natalys Customer Service
49-51 rue Emile Zola
93189 Montreuil Cedex

FRANCE

By email to the following address: customercare@natalys.com

 

To download the PDF version of the T&C, click here.

Annex 1: Return Form

Please complete this form and send it back only if you wish to withdraw the order you placed on the Website (products sold and shipped by Natalys), unless affected by exclusions or limitations on the right of withdrawal, according to the applicable T&C.

Mail to:

GPE SAS

Natalys Customer Service

49-51 rue Emile Zola

93189 Montreuil Cedex

FRANCE


Email address to: customercare@natalys.com

I hereby inform you of my withdrawal from the contract of sale for the item described below:

Ordered on: ______________
Picked up on: __________________
Order number: __________________
Picked up at store: __________________
Name of consumer(s): __________________
Address of consumer(s): __________________
Signature of consumer(s) (if this form is filled out on paper):

Date: __________________

To print the PDF version, click here.