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Terms of sale

The present general terms and conditions of sale are concluded between, on the one hand:

The company NIMA SASU (SIRET: 912 509 809 000 14) :

  • Simplified single-person joint-stock company with a capital of €10,000
  • 7 Rue de la Croix Duché, 89 800 CHABLIS (France)
  • Registered with the Trade and Companies Register of Auxerre under number 912 509 809
  • VAT number is FR95 912 509 809

And, on the other hand:

Any adult individual wishing to make a purchase through the NIMA website (www.ni-ma.com), the exclusive property of NIMA.

1 - OBJECT

These conditions govern the sale of any product presented on the www.ni-ma.com website by the company NIMA. They aim to define the mutual obligations of the parties as well as the different stages of the ordering process.

These conditions may be subject to modifications. Therefore, it is understood that the applicable conditions are those in force on the site at the time of the contract.

The parties agree that their relationship will be exclusively governed by this contract, to the exclusion of any other conditions. The items offered for sale cannot be the subject of any assignment of any kind.

Any order duly validated on the www.ni-ma.com website implies full and unconditional adherence to these general terms and conditions of sale.

2 - ARTICLES AND PRODUCTS

The items visible on the www.ni-ma.com website are deliverable only within the limits of available stocks. In case of unavailability of the product, NIMA undertakes to inform the buyer as soon as possible by email or phone. The buyer will then have the opportunity to choose another item or cancel the order and be refunded.

Any claim by the customer regarding the order or delivery of an unavailable item will be considered unfounded. NIMA strives to describe the products offered for sale with the greatest possible accuracy. However, if errors have occurred in this presentation, NIMA's liability cannot be engaged. Illustrations and photos of products accompanying the text are not contractual. In no case can NIMA's liability be engaged based on these illustrations/photos.

3 - PRICES

The prices indicated on the www.ni-ma.com website are in euros, including VAT (TTC). VAT is applied at the rate in force in mainland France at the time of the order. Any change in the rate would be applied immediately to the current order.

Product prices do not include shipping costs, which are additional. These will be communicated to the buyer on the summary screen before final validation of the order.

However, the order process depends on the geographical delivery zone:

  • For deliveries in mainland France and in European Union countries, the order will be established including VAT.
  • For deliveries to overseas territories and outside the European Union, the order will be established excluding tax automatically. Customs duties, other local taxes, import duties, or state taxes may be payable upon entry into the country. These duties are not the responsibility of NIMA. They are the responsibility of and are the sole responsibility of the buyer in terms of declarations and payments to the competent authorities of the country concerned.
  • The products remain the property of NIMA until full payment of the price.

4 - ORDER PROCESS

The customer wishing to place an order must follow the following procedure:

  • Product selection : the customer selects the product they wish to order.
  • Verification of the selection content : the customer checks the content of their cart while having the option to delete selected products.
  • Identification : the customer must fill out the identification form provided and enter the requested information (mandatory information: name, first name, address, email, phone number for delivery).
  • Order verification : the customer checks the content of their order, the total price, delivery and billing addresses while having the option to delete a product or modify the billing and delivery address. They choose their payment method and implicitly accept these general terms and conditions of sale by validating their order.
  • Order acknowledgment : the customer receives an email summarizing the content of their order, namely :
    • The order number;
    • The list of ordered products;
    • Delivery details.
  • It is advisable to keep and print this document, an official proof of the order. The order is then recorded and processed by NIMA, which checks the availability of the ordered product(s). Any order placed implies acceptance of the prices and descriptions of the products available for sale. NIMA undertakes to fulfill orders received on its website only within the limits of available stocks. In case of unavailability of the ordered products, NIMA will contact the customer by email as soon as possible to inform them of the cancellation or refund of the order.
  • Order tracking : The customer will receive an email with the tracking number of their package. It is also possible to track orders from the customer space.

5 - DELIVERY

5-1 GENERALITIES

The items offered for sale on www.ni-ma.com are deliverable in Europe. They will be delivered to the delivery address that the customer will have entered on the order form.

5-2 DELIVERY METHODS

For all products, the order is prepared for dispatch from our warehouse within an average of 48 business hours (subject to stock availability) from the email confirmation of the order.

The delivery of orders is then ensured by tracked letter (La Poste), Colissimo, Chronopost, Mondial Relay, or UPS. From the time the carrier takes charge, the customer is delivered to their home or to a relay point within the specified deadlines.

5-3 DELIVERY TIMES AND RATES

The delivery times announced on the site apply from the customer's receipt of the email confirming the dispatch of the order sent by NIMA. It takes 2 to 3 business days to receive the order after receiving the tracking number.

Deliveries in mainland France and within the European Union are invoiced with French VAT.

For shipments outside mainland France, shipping costs are invoiced excluding VAT. Customs or import duties are not included in the indicated delivery costs and are the responsibility of the customer.

The deadlines announced on the site are purely indicative and depend on the destination and availability of the ordered product. The exceeding of this deadline cannot lead to any order cancellation, any reduction in the price paid by the buyer, and any payment for damages. However, and in accordance with the provisions of article L.121–20–3 of the Consumer Code, in the event of non-delivery within thirty days from the day following the day the customer placed the order, the customer will have the option to cancel their order without charge. The amounts paid by the customer will then be refunded.

In cases where it has the capacity, NIMA reserves the right to offer the customer a product of equivalent quality and price to the initial product.

NIMA cannot be held responsible for additional delays caused by the non-delivery of a bank authorization or an incomplete purchase order.

In case of partial delivery, transport costs will be invoiced only during the first delivery.

6 - PAYMENTS

The customer has the option to pay by credit card directly on the website, with a Visa or Mastercard, or to use their PayPal account.

Payment methods such as bank transfer and cash on delivery are not accepted. The invoice amount will be debited from the customer's account on the payment date.

To ensure payment security, the www.ni-ma.com website uses the secure payment service Payplug. This service integrates the SSL security standard. Confidential data (16-digit credit card number, expiration date, and visual cryptogram) are transmitted encrypted directly to the Payplug server without passing through the physical media of the www.ni-ma.com server.

When the order is validated, the payment request is routed in real-time to the Payplug payment manager. It sends an authorization request to the credit card network. The payment manager issues an electronic certificate.

For any credit card payment on the www.ni-ma.com site, the electronic certificate issued by the payment manager will serve as proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 and following of the Civil Code. In this regard, the dates and times of the server will prevail between the parties.

www.ni-ma.com reserves the right to refuse an order if there is a pending dispute or an abnormally high order level.

7 - RIGHT OF WITHDRAWAL

The buyer has a period of 14 days to exercise their right of withdrawal from the receipt of their order, with the notice of passage from La Poste being authoritative. Within 14 days following the date of receipt of the ordered goods, the buyer can request the exchange or refund of the purchased item(s). Beyond the 14-day period, NIMA is free to refuse the exchange, credit, or refund.

The buyer of a gift card has a period of 14 days to exercise their right of withdrawal. Within 14 days of the purchase of the gift card, the buyer can request the exchange or refund, provided that the card has not been used. In this case, NIMA will deactivate the gift card and proceed with the refund. Beyond this period, NIMA may freely refuse the refund or exchange of the gift card.

The refund procedure is as follows:

  • The buyer must inform NIMA of their wish to withdraw within 14 days of receiving their order. The buyer can find the refund request email address: care@ni-ma.com. 
  • The buyer follows the exchange or refund procedure that will be communicated to them by email after filling out the form. If the buyer returns their items on their own, it is strongly recommended to keep the tracking number until confirmation of receipt by NIMA. In case of loss of the package by the carrier, this tracking number will be authoritative.

7.1 EXCHANGE

The exchange is made for the same item in a different size if the amount is the same and within the limit of stock availability or for a gift card of the same amount. Unless otherwise indicated, the exchange will be processed within a maximum of 14 days from the date NIMA is informed of the customer's decision, provided that the product is returned in its original packaging, in perfect condition, unworn, unwashed, labeled, and properly folded.

Return costs are free in mainland France and zone 1 : GERMANY, AUSTRIA, BELGIUM, DENMARK, SPAIN (EXCLUDING BALEARIC ISLANDS, CANARY ISLANDS, CEUTA, AND MELILLA), ESTONIA, HUNGARY, IRELAND, ITALY, LATVIA, LITHUANIA, LUXEMBOURG, NETHERLANDS, POLAND, PORTUGAL (EXCLUDING MADEIRA AND AZORES ISLANDS), CZECH REPUBLIC, UNITED KINGDOM, SLOVAKIA, SLOVENIA, SWEDEN. Return costs are the responsibility of the buyer in other countries. NIMA will bear the redelivery costs in Europe and to the extent that the total amount of shipping costs borne by NIMA does not exceed the total amount of the customer's order.

Redelivery costs are covered within the limit of one exchange for one order number. If, after an exchange, the person wishes a refund, the return costs will be deducted from the total amount to be refunded.

If the buyer returns their items on their own, it is strongly recommended to keep the tracking number until confirmation of receipt by NIMA. In case of loss of the package by the carrier, this tracking number will be authoritative.

7.2 REFUND

If the customer chooses a refund, NIMA will reimburse the customer for the price of the product(s), unless otherwise specified, within a maximum period of 14 days from the date of receipt of the items. The La Poste tracking will serve as proof, provided that the product is returned in its original packaging, in perfect condition, unwashed, unworn, labeled, and properly folded. If the product is returned in a condition that prevents its resale, it will not be refunded. If the product is returned dirty and cannot be immediately resold, a cleaning fee of €5 including tax per item will be deducted from the total amount to be refunded.

To request a refund, the customer must first make the request at this address : care@ni-ma.com. The procedure will then be specified by email. The refund will be deferred until the products are recovered, within a maximum period of 7 days from the receipt of the products returned by NIMA. The refund will be made using the same payment method as the one used for the initial transaction. The return shipping costs for the product(s) to be refunded are the responsibility of the customer. If NIMA has sent a return voucher to the customer, this amount including tax will be deducted from the total amount refunded to the customer. For your information, NIMA deducts €6.90 including tax for a return from France and €12.90 including tax for a return from other EU countries.

If the buyer returns items at their own expense, it is strongly recommended to keep the tracking number until confirmation of receipt by NIMA. In case of loss of the package by the carrier, this tracking number will be conclusive.

If the buyer has paid the entire order with a NIMA gift card, the refund will only be made on the used gift card. If the buyer has paid for the order on the NIMA website with a gift card and another means of payment, NIMA will prioritize refunding the amount of the returned items to the gift card. In both cases, the original buyer of the used gift card will not be entitled to a refund.

On certain items, it is mentioned that the refund will not be accepted. Indeed, in accordance with Article L221-28 of the Consumer Code, certain products such as lingerie or swimwear are exempt from the right of withdrawal for hygiene reasons. Most of the time, NIMA accepts the refund of products sold on its website, but in certain cases, NIMA reserves the right to apply Article L221-28 of the Consumer Code. In these cases, NIMA will proceed with an exchange for another product on the site or will offer a credit valid on the website.

8 - LEGAL GUARANTEES AND AFTER-SALES SERVICE

The products sold benefit from the legal guarantee of conformity provided for in Articles 211-4 and following of the Consumer Code and the guarantee of hidden defects (Articles 1641 and following of the Civil Code). These guarantees cover hidden defects and apparent defects from the date of delivery. The only obligation incumbent on NIMA under this guarantee is, at its option, the free replacement or repair of products recognized as defective without any other service or compensation.

This guarantee does not cover damage resulting from improper use of the product, normal wear and tear due to its use, or non-compliance with washing and maintenance instructions. To benefit from the product guarantees, it is essential to keep the purchase invoice. To request a return for a defective product, the buyer must make a request at this address : care@ni-ma.com.

9 - CONFIDENTIALITY

All personal information collected from the customer is necessary for order processing, shipment, and invoicing.

This information may be disclosed by NIMA to its contractual partners as part of order fulfillment, especially to ensure the transport of the ordered products.

NIMA is committed to protecting customer data. In accordance with the "Data Protection" law of 6/01/1978, amended by the law of 6 August 2004.

In accordance with Article 34 of the same law, the customer has the right to access, modify, rectify, and delete data concerning them. In this case, the customer can modify their personal information directly in the "My Account" section on the www.ni-ma.com website or make a request by email to care@ni-ma.com.

10 - RESPONSABILITIES

NIMA's liability cannot be engaged for all events, inconveniences, or damages inherent in the use of the Internet, especially in case of service interruption, external intrusion, or the presence of computer viruses.

Furthermore, NIMA cannot be held responsible for the non-performance of the contract concluded in the event of fortuitous events, force majeure, disruption, or total or partial strikes, especially postal and transportation services and/or communications, floods, or fires. NIMA will not incur any liability for indirect damages due to these terms, loss of business, loss of profit, damages, or expenses that may arise.

11 - JURISDICTION

These general terms and conditions of sale are subject to French law. Any dispute that has not found an amicable solution will be submitted to the exclusive jurisdiction of the competent courts of Paris or the jurisdiction of the actual delivery location of the customer's order, notwithstanding the plurality of defendants and/or third-party proceedings, even for emergency procedures or conservatory procedures in summary or by petition.

12 - CUSTOMER SERVICE AND AFTER-SALES SERVICE

You can contact Customer Service for free by email for any questions regarding your order, its shipment, and tracking:

  • By email at: care@ni-ma.com 
  • By mail: NIMA SASU, 7 Rue de la Croix Duché, 89 800 CHABLIS (France)

13 - INTELLECTUAL PROPERTY RIGHTS

Trademarks, domain names, products, software, images, videos, texts, or generally any information subject to intellectual property rights are and remain the exclusive property of NIMA. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification, or use of these assets is strictly prohibited.

14 - LEGAL NOTICES

The online store NIMA accessible at www.ni-ma.com is published by the company NIMA SASU (SIRET: 912 509 809 000 14), a simplified joint-stock company with a capital of €10,000, registered with the Trade and Companies Register of Auxerre under number 912 509 809, whose registered office is located at 7 Rue de la Croix Duché, 89 800 CHABLIS (France), and represented by its President, Mr. CHEGEFTI Fabien.

The intracommunity VAT number is FR95 912 509 809,

The Site's Director of Publication is Mr. CHEGEFTI Fabien, President of NIMA SASU.

To contact NIMA, you can write to the following address: NIMA SASU, 7 Rue de la Croix Duché, 89 800 CHABLIS (France) or by email at care@ni-ma.com