GENERAL TERMS AND CONDITIONS OF SALE – CLIENTS BEAU NUAGE UK LTD
ARTICLE 1 – ENFORCEMENT SCOPE
Website http://www.beau-nuage.com is published by Beau Nuage UK LTD whose registered office is located at 1001 Avenue de la République, 07500 Guilherand-Granges, France. 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 GBP or USD excluding VAT, excluding delivery costs. VAT is only applicable at the time of payment depending on the country of purchase. 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 of any order by the Purchaser made online is by payment card or Bank Transfert.
3.2 - All card payment transactions are made directly with Stripe Payment service, an online secure payment specialist. During the transaction, the information given by the Purchaser is encrypted between the computer where the transaction is made and Stripe Payment service via the TLD technology. Beau Nuage thus never accesses the bank details of the Purchaser.
3.3 - It is also possible to pay by Bank Transfer. Once you have clicked on the button for payment by bank transfer, the Rain Lover will be notified of Beau Nuage's bank details. The Rain Lover will then have 30 days after the invoice date to pay for his/her order.
ARTICLE 4 – SHIPPING TERMS
4.1 - Information on the availability of Products is provided to the Rain Lover at the time of the order. In the unlikely event that a Product is unavailable after the order has been placed, Beau Nuage undertakes to inform the Rain Lover by email as soon as possible. The Rain Lover may then ask to be reimbursed for the amount of his/her order on the bank card or bank account that he/she used, or may request an exchange with an available product displayed at the same price as when the order was placed. The refund or exchange will be made by Beau Nuage as soon as possible.
4.2 - All orders will be processed by Beau Nuage as soon as possible and by any weather conditions as soon as they are registered on the Beau Nuage website. It will then be sent to the shipping address mentioned by the Rain Lover when placing the order. The delivery of any order will be carried out within the time limits displayed on the website at the time of the order and will be handled by the logistics provider operating during this period. Please note that any order placed on Friday afternoon, Saturday and Sunday will not be processed until the following Monday.
4.3 - Delivery times are given as an indication. In the event of a delay, Beau Nuage will inform the Rain Lover as soon as possible. If this delay is unreasonable, L'Amoureux de la Pluie may ask Beau Nuage in writing to refund the order to the credit card or bank account used, or to modify the order, for a value equal to the revised order.
4.4 - Participation of the Purchaser to order delivery costs will be calculated based on the order’s weight and the shipping address geographical area;
ARTICLE 6 - CREDIT NOTE
6.1 - According to article 242 nonies A of the annex II to the CGI, Beau Nuage cannot delete an issued invoice. For all requests to modify an invoice, Beau Nuage is obliged to issue a credit note.
6.2 - If the product breaks or is rendered unusable due to obvious damage within 6 months of the date of purchase of the product(s), L'Amoureux de la Pluie may request a credit note in writing, according to the procedure described in 6.3.
6.3 - It is the responsibility of Rain Lover to prove the lack of conformity or the damage of the product(s), by attaching to the email sent to firstname.lastname@example.org photos of the product(s) deemed defective.
6.4 - If the defect or damage is proven, Beau Nuage undertakes to issue a credit note as soon as possible whatever the weather.
6.5 - The credit note will then be sent to you in the form of a code (voucher) for the amount of the defective products, which can be used when placing your next order.
ARTICLE 6 – DATA PROTECTION
6.1 - Beau Nuage agrees not to disclose the information provided by Purchaser when ordering from one of the Beau Nuage Website or by visitor of one of the Beau Nuage Website.
ARTICLE 7 – INTELLECTUAL PROPERTY
The Beau Nuage Website is the property of Beau Nuage, owner of the intellectual property rights. It is prohibited to copy or reuse all or part of its content, except for personal use.
ARTICLE 8 – FORCE MAJEURE
Responsibility for Beau Nuage cannot be valid if the non-performance or delay in performing any of its obligations described in these Terms arises from a force majeure. As such, force majeure means any external, unforeseeable and irresistible.
ARTICLE 9 – TERMS PERSISTENCE IF CLAUSE NULLITY AND NON WAIVER
If one or more clauses of these Terms is held invalid or declared as such under any law, regulation or following a final decision of a competent court, other clauses shall remain in full force and scope and the invalid clause shall be replaced by the nearest valid stipulation to obtain the desired result by the parties. The failure of either party not to claim a breach by the other party to any obligations contained in these shall be construed in the future as a waiver of the concerned obligation.
ARTICLE 10 - JURISDICTION
Any dispute concerning the interpretation and enforcement of these Terms is subject to Common law.