Terms of sale

ARTICLE 1 — Scope of Application

These General Terms and Conditions of Sale (“GTC”) apply, without restriction or reservation, to all sales concluded by Nordlys (“the Seller”) with non-professional buyers (“the Customer”), for any product offered for sale on the https://nordlysfurniture.com/ website (“the Products”): Scandinavian-inspired, authentic, and durable furniture.

The essential characteristics of the Products — specifications, illustrations, dimensions, materials — are presented on each product sheet, which the Customer is invited to review before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Offers are subject to available stock, as specified at the time of order placement.

These Terms and Conditions of Sale are accessible at any time on the website and take precedence over any other document. The Customer declares having read and accepted them by checking the box provided for this purpose before confirming their order. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

Seller's Contact Information:

Nordlys, SAS with a share capital of €40,000
Registered with the Marseille Trade and Companies Register under number 900 604 612
352 avenue du Prado, Le Magellan — 13008 Marseille
Intra-community VAT number: FR01900604612

Territories served: Products are offered for sale and delivered in the following territories ("the Territories"): Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Estonia, Finland, mainland France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Sweden, as well as the United Kingdom and Switzerland.

In the case of an order to a country other than mainland France, the Customer is the importer of the concerned Products. For any Product shipped outside the European Union, the price is automatically calculated excluding taxes on the invoice; customs duties, local taxes, or import duties that may be applicable remain the sole responsibility of the Customer.

ARTICLE 2 — Price

Products are provided at the rates in effect listed on the site at the time the order is recorded by the Seller. Prices are expressed in euros, all taxes included, and take into account any discounts granted by the Seller.

These rates are firm and not subject to revision during their validity period; the Seller reserves the right to modify them at any time outside this period.

Any applicable processing, transport, or delivery fees are indicated before order confirmation. The payment requested from the Customer corresponds to the total purchase amount, including fees. An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.

ARTICLE 3 — Orders

The Customer selects the Products they wish to order following this process: they add a Product to their cart — which they can modify or remove at any time before confirmation — accept these Terms and Conditions, enter their details or log into their personal account, then choose their delivery method. After confirming this information, the order is final and requires full payment of the price.

Product offers are valid as long as they are visible on the site, subject to available stock. The sale is only considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of their order and to immediately report any errors.

Any order placed on the site constitutes the formation of a contract concluded remotely between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order. The Customer can track the progress of their order on the site.

ARTICLE 4 — Customer Area

To place an order, the Customer is invited to create a personal account by filling out the form provided at the time of their order. They commit to providing truthful and accurate information regarding their identity and contact details, including their email address, and remain responsible for updating this information, which they can do at any time from their account.

Access to the personal area and order history is done using strictly personal login credentials, which the Customer is prohibited from disclosing. Otherwise, they remain solely responsible for any use that may be made of them.

The Customer can request to unsubscribe from the dedicated page in their personal space or via the contact form; this will be effective within a reasonable time frame. Any account deletion, regardless of the reason, results in the deletion of all the Customer's personal information.

In case of non-compliance with the GTC and/or the terms of use, the Seller may suspend or even close a Customer's account after a formal notice sent electronically remains without effect. Any event due to force majeure causing a malfunction of the site or server, as well as any interruption for maintenance, does not engage the Seller's liability. Creating an account implies acceptance of these GTC.

ARTICLE 5 — Payment Terms

The price is payable in full, on the day the order is placed, via secure payment methods:

• credit card;
• PayPal.

Payment data is exchanged in encrypted mode according to the protocol defined by the authorized payment service provider involved in transactions carried out on the site.

Payments made by the Client are only considered final after the Seller has effectively received the amounts due, and the Seller will not be required to deliver the Products in the absence of full payment under the conditions above.

ARTICLE 6 — Deliveries

Products are delivered to the address provided by the Client at the time of order, within the Territories listed in Article 1, which the carrier can easily access. Deliveries are made by an independent carrier and are carried out at the doorstep, in a single shipment except in special cases or unavailability of one or more Products.

Deadlines: Products available in stock are delivered within 2 to 5 business days; Products available for pre-order are delivered within 2 to 6 weeks. Delivery consists of transferring physical possession or control of the Product to the Customer. The Seller commits to making their best efforts to meet the above deadlines.

Delivery delay: if the ordered Products have not been delivered within 15 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be terminated at the Customer's written request under the conditions provided in articles L 216-2, L 216-3, and L 241-4 of the Consumer Code. The amounts paid by the Customer will then be refunded no later than fourteen days following the contract termination date, excluding any compensation or deduction.

Reception and claims: the Customer is required to check the condition of the delivered Products. They have a period of 14 days from the delivery date to submit claims by mail and email, accompanied by all relevant supporting documents (notably photographs). After this period and if these formalities have not been respected, the Products will be deemed compliant and free from any apparent defects, and no claim can be validly accepted. The Seller will refund or replace as soon as possible and at their own expense the delivered Products whose non-conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of the Consumer Code and these GTC.

Carrier chosen by the Customer: when the Customer uses a carrier they select themselves, delivery is deemed completed upon the handover of the Products by the Seller to the carrier who has accepted them without reservations. The Customer acknowledges that it is then the carrier's responsibility to carry out the delivery and has no recourse against the Seller in case of failure to deliver the transported goods.

Special requests: any specific request from the Customer regarding the packaging or transport of the Products, duly accepted in writing by the Seller, will be subject to additional charges based on a quote previously accepted in writing by the Customer.

ARTICLE 7 — Transfer of ownership and risks

The transfer of ownership of the Products to the Customer will only occur after full payment of the price, regardless of the delivery date of the said Products.

The transfer of risks of loss and damage occurs only when the Customer physically takes possession of the Products, which therefore travel at the Seller's risk — except when the Customer has chosen the carrier themselves, in which case the risks are transferred upon handing over the Products to the carrier.

ARTICLE 8 — Right of Withdrawal

In accordance with articles L 221-18 and following of the Consumer Code, the Customer has a period of 14 days from the receipt of the Products to exercise their right of withdrawal, without having to justify reasons or pay penalties. For contracts providing for the regular delivery of goods over a defined period, this period starts from the receipt of the first good.

The right of withdrawal can be exercised online, using the withdrawal form available on the website, or by any other clear statement expressing the intention to withdraw, including by postal mail or email sent to the Seller at the contact details provided in Article 1.

Returns must be made in their original and complete condition (packaging, accessories, manual, etc.), allowing them to be resold as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted. Return shipping costs are the responsibility of the Customer.

The exchange (subject to availability) or refund will be processed within 14 days from the date the Seller receives the Products returned under the conditions set out in this article.

ARTICLE 9 — Seller's Liability — Warranties

Regardless of any commercial warranty, the Products supplied by the Seller benefit from:

• the legal warranty of conformity, for defective, damaged, impaired Products or those not matching the order;
• the legal warranty against hidden defects arising from a material, design, or manufacturing defect affecting the delivered Products and rendering them unfit for use.

Provisions relating to legal warranties

Article L 217-4 of the Consumer Code:

"The seller is required to deliver goods that conform to the contract and is liable for any conformity defects existing at the time of delivery. The seller is also liable for conformity defects resulting from packaging, assembly instructions, or installation when this has been charged to them by the contract or carried out under their responsibility."

Article L 217-5 of the Consumer Code:

"The goods conform to the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable: if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model; if it has the qualities that a buyer can legitimately expect in light of public statements made by the seller, the producer, or their representative, notably in advertising or labeling;

2° Or if it has the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.

Article L 217-12 of the Consumer Code:

"The action resulting from the lack of conformity is subject to a two-year limitation period from the delivery of the good."

Article 1641 of the Civil Code:

"The seller is liable for the warranty against hidden defects of the sold item that make it unfit for the intended use, or that so diminish this use that the buyer would not have acquired it, or would have paid a lower price, if they had known about them."

Article 1648, first paragraph, of the Civil Code:

"The action arising from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."

Article L 217-16 of the Consumer Code:

"When the buyer requests the seller, during the course of the commercial warranty granted at the time of acquisition or repair of a movable good, a repair covered by the warranty, any immobilization period of at least seven days is added to the remaining duration of the warranty. This period starts from the buyer's request for intervention or from the availability of the item for repair, if this availability occurs after the intervention request."

Implementation: to assert their rights, the Customer informs the Seller, in writing (email or letter), of the non-compliance of the Products or the existence of hidden defects from the time of their discovery. The Seller will refund, replace, or repair the Products or parts under warranty deemed non-compliant or defective, as soon as possible and no later than 30 days following the detection of the non-compliance or hidden defect, by bank transfer or check. Shipping costs will be reimbursed based on the charged rate, and return costs upon presentation of receipts.

Exclusions: the Seller's liability cannot be engaged in the following cases:

• non-compliance with the legislation of the country where the Products are delivered, which the Customer is responsible for verifying;
• misuse, use for professional purposes, negligence or lack of maintenance by the Customer, normal wear and tear of the Product, accident or force majeure.

The photographs and graphics shown on the site are not contractual and do not engage the Seller's liability. The Seller's warranty is, in any case, limited to the replacement or refund of Products that are non-compliant or defective.

ARTICLE 10 — Personal Data

The Customer is informed that the collection of their personal data is necessary for the sale of the Products as well as for their transmission to third parties for delivery purposes. This data is collected solely for the execution of the sales contract.

10.1 Data collected

When creating the account: last names, first names, postal address, phone number, and email address. For payment purposes: financial data related to the Client's bank account or credit card.

10.2 Recipients

Personal data is used by the Seller and its contracting parties for the execution of the contract and the efficiency of the sale and delivery of the Products. The categories of contracting parties include transport providers and payment institutions.

10.3 Data Controller

The data controller is the Seller, within the meaning of the Data Protection Act and Regulation (EU) 2016/679 on the protection of personal data (GDPR).

10.4 Limitation of Processing

Unless expressly agreed by the Client, their personal data is not used for advertising or marketing purposes.

10.5 Retention Period

The Seller retains the data collected for a period of 5 years, covering the limitation period for contractual civil liability applicable.

10.6 Security and Confidentiality

The Seller implements organizational, technical, software, and physical measures to protect personal data against alteration, destruction, and unauthorized access. However, since the Internet is not a completely secure environment, the Seller cannot guarantee the security of the transmission or storage of information online.

10.7 Customer Rights

In accordance with applicable regulations, the Client has the rights of access, rectification, deletion, portability of their data, as well as the right to object to their processing. They can exercise these rights, as well as update their information, directly from their account (settings tab) or by sending a request by mail or email to the data controller, whose contact details are provided in Article 1.

The data controller will respond within a maximum of one month. Any refusal to comply with the Client's request must be justified; the Client is informed that they may then file a complaint with the CNIL (3 place de Fontenoy, 75007 Paris) or take legal action.

The Customer may be invited to accept, by checking a box, to receive informational and promotional emails from the Seller. They may withdraw their consent at any time by contacting the Seller or by following the unsubscribe link present in each communication.

ARTICLE 11 — Intellectual Property

The content of the https://nordlysfurniture.com/ site is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

ARTICLE 12 — Applicable Law — Language

These Terms and Conditions and the transactions arising from them are governed by and subject to French law. They are written in French; in the event they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

ARTICLE 13 — Disputes and Mediation

For any complaint, the Customer may contact customer service at the Seller's postal address or email indicated in Article 1.

The Customer is informed that they may, in any case, resort to conventional mediation with existing sectoral mediation bodies, or to any alternative dispute resolution method (such as conciliation) in case of dispute.

In accordance with Articles L 616-1 and R 616-1 of the Consumer Code, the Seller has established a consumer mediation system. The designated mediator is:

SAS CNPM — MEDIATION — CONSUMER
27, avenue de la Libération — 42400 Saint-Chamond
http://cnpm-mediation-consommation.eu

The Customer may file their complaint on the mediator's website or by postal mail at the above address. They may also use the European Online Dispute Resolution platform (ODR): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from purchase and sale transactions concluded under these General Terms and Conditions of Sale (GTC) that have not been resolved amicably or through mediation shall be submitted to the competent courts under common law conditions.