Terms
GENERAL TERMS AND CONDITIONS OF SALE – CLIENTS BEAU NUAGE
Article 1 – Enforcement scope
Website http://www.beau-nuage.com is published by Beau Nuage whose registered office is located at 30 Aldwych, Entrepreneurship Institute, London, United Kingdom, WC2B 4BG. These general terms and conditions of sale are, in accordance with British Law, the sole basis of commercial relationship between the parties. They define the conditions under which the simplified joint stock company "Beau Nuage" (referred to as "Beau Nuage") provides non-professional purchasers ("Purchaser"), making it the application via the website http://www.beau-nuage.com (referred to as "Beau Nuage Website") the following products: umbrellas, covers and accessories brand "Beau Nuage" (referred to as "Products" or "Product"). They regulate all the purchase terms, payment, shipping, delivery and withdrawal. According to the regulations, the Supplier reserves the right to modify these Terms subsequently provided to keep all earlier versions of these Terms. In case of dispute, the Terms in effect at the date of the order will be taken into account.
Article 2 – Purchase terms
2.1 - All prices of the products available for sale on Beau Nuage Website are in EURO including VAT, excluding delivery costs. VAT accounted for in the calculation of these prices is the one applicable on the day of the order.
2.2 - Beau Nuage reserves the right to change prices without notice.
2.3 - Products remain Beau Nuage property until Beau Nuage receives full payment.
Article 3 - Payment
3.1 – Payment for any order by the Rain Lover online can be made by credit card. To pay for the order by credit card, the Rain Lover must provide the cardholder’s name, credit card number, expiration date, and the cryptogram (3-digit number on the back of the card). A security procedure may also be required by the bank.
3.2 – Credit card transactions can be processed via the Stripe Payment service, a specialist in secure online payment. During the transaction, the details provided by the Rain Lover are encrypted between the computer from which the transaction is made and the Stripe Payment service, using TLD (Transaction Layer Security) technology. Beau Nuage never has access to the Rain Lover’s bank details.
3.3 – Payments by PayPal, by credit card, or with a PayPal account are also possible. After clicking the PayPal payment button, the Rain Lover will be redirected to the PayPal site where they can enter their PayPal login details (PayPal email address and password) or their credit card information to validate the transaction. The information provided to PayPal by the Rain Lover when creating their PayPal account is also encrypted and fully secured.
Article 4 – Shipping Terms
4.1 – Availability information for the Products is provided to the Rain Lover at the time of the order. In the stormy event of the Product being unavailable after ordering, Beau Nuage will inform the Rain Lover by email as soon as possible. The Rain Lover may then request a refund of the order amount to the credit card or PayPal account used or request an exchange for an available product displayed at the same price as at the time of the order. The refund or exchange will be processed by Beau Nuage as quickly as possible.
4.2 – Any order will be processed by Beau Nuage as soon as possible and in all weather, once it is recorded on the Beau Nuage Website. It will then be sent to the shipping address provided by the Rain Lover at the time of the order. The delivery of any order will be made within the time frames displayed on the website at the time of the cloudy order and will be handled by the logistics provider operating during that period. Please note that any order placed after 11 a.m. on Friday, Saturday, and Sunday will only be processed the following Monday.
4.3 – Delivery times are provided as an estimate. In case of delay, Beau Nuage will inform the Rain Lover as soon as possible. If the delay becomes unreasonable, the Rain Lover may request in writing that Beau Nuage refund the order to the credit card or PayPal account used or modify it to an equal value.
4.4 – The Rain Lover’s contribution to the delivery costs of the order is calculated based on the weight of the order and the geographic zone of the shipping address.
Article 5 - Customs duties
5.1 - Any order placed on the beau-nuage.fr website and delivered outside of France may be subject to possible taxes and customs duties, which are imposed when the parcel reaches its destination.
These customs duties and any applicable taxes related to the delivery of an item are the responsibility of the Rain Lover and fall under your responsibility. We are not required to verify or inform you of the customs duties and taxes applicable. To find out, you may inquire with the competent authorities of your country.
Article 6 – Withdrawal terms
6.1 - In accordance with Article L. 121-20-12 and following of the French Consumer Code, the Rain Lover has a period of 14 full calendar days from the receipt of the Product(s) ordered to exercise their right of withdrawal (exchange of the Product(s) ordered, or refund of the order).
6.2 – To do so, the Rain Lover must log into their personal space and make a request in the "Order History and Return Request" tab. They must then select the relevant order, click on "details" in the "Details and Return Slip" column, choose the relevant product, the return type "Withdrawal," as well as the reason for the return, either "Exchange" or "Refund." Beau Nuage will then review the request, and a prepaid label will be automatically generated and available in the "Product Returns Tracking" section of the personal space. The Rain Lover must then drop the parcel at a post office within 7 days.
6.3 - The product(s) subject to this right of withdrawal must be returned to us in their original packaging and condition, in new condition.
6.4 – It is only possible to return products purchased from the beau-nuage.fr website. For products purchased in retail stores or any other point of sale, the products must be returned to the store or site where they were purchased. Beau Nuage reserves the right to refuse the return of goods that have not been returned in compliance with the provisions set forth in this article.
6.5 - An exchange is only possible for the same product. Example: size or color exchange. For a product change, the Rain Lover must opt for a refund in order to place a new order with the desired product.
6.6 – Subject to the aforementioned conditions, Beau Nuage will proceed with the exchange or refund as soon as possible and no later than 14 days after the exercise of the right of withdrawal, upon proof of the reshipment of the product(s) or after the parcel is received at Beau Nuage’s warehouse.
6.7 – The refund will only be made to the card or PayPal account used for payment.
Article 7 – Returns & Warranties
7.1 – According to Articles L. 217-4 to L. 217-14 of the French Consumer Code, products are covered by a legal warranty of conformity. The Rain Lover has a period of 2 years after the purchase of the product(s) to request in writing, according to the procedure described in 6.3, their refund or exchange for reasons of non-conformity present upon receipt.
7.2 – The products are also covered by a one-year commercial warranty. If the product breaks or becomes unusable due to significant damage (wear of a part, defects, and deterioration caused by an external event) within 12 months of the purchase date, the Rain Lover may request in writing a refund or exchange, according to the procedure described in 6.3.
7.3 – It is the Rain Lover's responsibility to prove the non-conformity or damage of the product(s), by attaching to the email sent to contact@beau-nuage.com photos of the product(s) deemed defective. Additionally, the Rain Lover must provide the necessary information for the proper processing of their cloud-related claim. The return form requires the following information, which will be handled by Beau Nuage’s Marketing Department and communicated to the appropriate service providers in the event of an exchange:
- Order number
- The reference of the returned product(s) and their quantity
- The stormy reason for the return.
7.4 – If the defect or damage is confirmed, Beau Nuage agrees to refund or exchange the product(s) as soon as possible, regardless of the weather, and to offer the Rain Lover a promotional code valid for one year to cover return shipping costs. Any refund will be made to the credit card or PayPal account used for payment.
7.5 - Returns are at Beau Nuage's expense. The Rain Lover will receive a prepaid label to affix to the parcel. The parcel must then be dropped off at a post office within 7 days.
7.6 – You wish to return your broken umbrella? It’s possible. We collect all broken umbrellas for recycling. To do so, contact us at contact@beau-nuage.com. We will then send you a prepaid return label.
7.7 - The warranty and return procedure apply only to products purchased on the beau-nuage.fr website. For products purchased in retail stores or any other point of sale, the products must be returned to the store or site where they were purchased. Beau Nuage reserves the right to refuse the return of goods that have not been returned in compliance with the provisions set forth in this article.
Article 8 – Customer service
8.1 – The email address contact@beau-nuage.com is available for any stormy questions or information regarding an ongoing or completed order on the Beau Nuage website.
Article 9 - Personal data protection
9.1 – Beau Nuage processes personal data of its customers, Rain Lovers, and prospects, and strives to do so in accordance with the French Data Protection Act of January 6, 1978, as well as the General Data Protection Regulation (EU Regulation 2016/679 of April 27, 2016).
9.2 – Data Controller The data controller is Beau Nuage.
9.3 – The personal data collected:
- Identity data: First name, Last name;
- Contact data: Email address, Shipping and Billing address, Phone number, GPS location.
9.4 – How these cloud-related data are used: The data collected on the Beau Nuage website, via phone or email, are notably used for:
- Recording and processing orders;
- Delivering the order;
- Managing and improving customer relations and after-sales service;
- Sending newsletters;
- Analyzing the marketing service.
9.5 – Who processes the data: The data is processed by internal and external recipients:
- Internal recipients at the French rain company: Marketing Department, Logistics Manager;
- External recipients at the French rain company: Logistics providers, Web development, Marketing.
9.6 – Cookies: The Beau Nuage website’s Cookie policy can be consulted on the website www.beau-nuage.fr in the "Cookie Policy" section.
9.7 – Data retention period: The data of any inactive person will be erased after 10 years.
9.8 – In accordance with the French Data Protection Act of January 6, 1978, and the General Data Protection Regulation (EU Regulation 2016/679 of April 27, 2016), the Client or Prospect has the right to access and rectify their data, and can also exercise their right to erasure or the right to be forgotten, as well as their right to limit or object to the processing of data, as well as a right to data portability. For any request, they simply need to write to contact@beau-nuage.com, attaching a copy of an identity document.
9.9 – Finally, any Rain Lover or Prospect has the right to file a cloud-related complaint with the competent supervisory authority (in France, this is the CNIL) regarding the processing of their personal data.
Article 10 – Intellectual property
The Beau Nuage websites are the property of Beau Nuage, the holder of the intellectual property rights thereto. Therefore, it is prohibited to copy or reuse all or part of its content, except for strictly personal use.
Article 11 – Force majeure
Beau Nuage cannot be held liable if the non-performance or delay in the performance of one of its obligations described in these cloudy general terms and conditions of sale results from a force majeure event. In this regard, force majeure is understood as any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the French Civil Code.
Article 12 – Persistence of the Terms in Case of Nullity of a Clause and Non-Waiver
If one or more clauses of these terms are deemed invalid or declared as such in accordance with a law, regulation, or as a result of a final decision by a competent court, the other provisions will retain their full force and effect, and the invalid provision will be replaced by the closest valid provision aiming to achieve the result sought by the parties. The fact that one of the parties does not invoke a breach by the other party of any of the obligations set forth in these terms shall not be interpreted for the future as a waiver of the obligation in question.
Article 13 – Competent Court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Aubenas.