NOERDEN operates an e-commerce site accessible at the following address https://noerden.io (hereinafter the “Site”), through which it offers the purchase of connected products and objects.
The purpose of these general terms and conditions (hereinafter the “General Terms and Conditions”) is to determine the circumstances in which NOERDEN provides the services offered on the Site (hereinafter the “Services”) to consumers (hereinafter the “Customers”).
NOERDEN and the Customers are hereinafter referred to – together or individually – as the “Parties” or a “Party”.
The General Terms and Conditions express the entire agreement between the Parties and supersede any previous written or oral agreement, letter or offer or any other document with the same purpose.
They can be accessed and printed at any time via a direct link on the Site homepage.
They may be supplemented, where necessary, by specific terms of use, which add to these General Terms and Conditions and, in the event of any contradiction, take precedence over them.
Operator of the Site and Services
The Site and Services are operated by NOERDEN, a simplified joint stock company with a single shareholder, registered with the Paris Trade and Companies Register under number 842 202 319, having its registered office at 30 Cours Albert 1er – 75008 PARIS (hereinafter “NOERDEN”).
Intracommunity VAT number: FR 51 842202319
NOERDEN can be contacted as follows:
E-mail address: service@noerden.fr
Telephone: +33 (0)1 45 61 55 80
Acceptance of the General Terms and Conditions
Prior to any use of the Services, Customers must declare (i) that they have read these General Terms and Conditions, as well as the General Terms and Conditions of the payment service providers Stripe and Paypal and (ii) that they expressly accept them.
With all orders of Products on the Site, this acceptance is materialised by ticking a box prior to confirmation of the order.
In all circumstances, entire acceptance of the General Terms and Conditions must be indicated. Any membership subject to approval is considered null and void. No Customers refusing to be bound by the General Terms and Conditions can access the Site or use the Services.
Access to the Site and Services
The Site and Services are accessible:
To any natural person having the full legal capacity to enter into commitments as regards these General Terms and Conditions. Customers without full legal capacity must obtain the agreement of their legal representative before accessing the Site and Services, which they acknowledge and accept.
To any legal entity acting through a natural person authorised to contract on behalf of the legal entity.
The Services are intended for Customers who are consumers within the meaning of the law.
Registering for the Services
Customers may create an account on the Site (hereinafter the “Account”), according to the conditions described below.
The Account allows them access to a variety of information, including the history of their orders.
Customers are informed that the creation of an Account is not a prerequisite for the use of Services, which can be freely accessed, viewed and used without an Account.
For the purpose of creating an Account, Customers are required to:
Complete the form provided and fill in all the required information. Customers acknowledge and accept that they are required to provide all the information indicated as mandatory.
They should choose a login and password, which can be modified at any time; it is recommended to change them regularly.
No incomplete registrations will be approved; this is acknowledged and accepted by the Customers.
Registration automatically entails the opening of an Account in Customers’ names, giving them access to a personal space (hereinafter the “Personal Space”) enabling them to manage their use of the Services in a form and according to the technical means NOERDEN considers most appropriate for providing the Services.
Customers guarantee that all the information they communicate to NOERDEN in the registration form is accurate, up to date, truthful, and not misleading in any way.
They undertake to update this information in their Personal Space in the event of changes, so that it always meets the above-mentioned requirements.
Customers are informed and accept that the information entered for the purpose of creating or updating an Account is proof of their identity. The information entered by Customers is binding as soon as it is validated.
Customers can access their Personal Space at any time after identifying themselves with their login and password.
Customers undertake to use the Services personally and not to allow any third party to use them in their place or on their behalf, unless they take full responsibility for this.
They are responsible for maintaining the confidentiality of their login and password.
They should immediately contact NOERDEN at the address indicated in the “Site and Services Operator” article of this Agreement if they become aware that their Account has been used without their knowledge. They acknowledge NOERDEN’s right to take any appropriate measures in such cases.
Description of the Services
Customers have access to the following Services, in a form and according to the functions and technical means NOERDEN deems most appropriate.
Access to the catalogue of products offered for sale by NOERDEN
Through the Site, Customers have access to the catalogue of products offered for sale by NOERDEN (hereinafter the “Products”), which they can consult freely.
Customers can click on the Products of interest to see their essential characteristics (colour, description, functions).
Photographs of the Products are as accurate as possible, but NOERDEN cannot guarantee perfect similarity between these photographs and the corresponding actual Products.
Thus, without being exhaustive, differences may result from the colour quality of the photographs, the difficulty of displaying the rendering of the materials on the screen or the technical adaptation of the Product.
Presentation service of the mobile application published by NOERDEN
On the Site, NOERDEN includes a presentation of the mobile application it publishes, which operates in connection with the Products.
The presentation shows Customers details of the functions implemented on the application.
Product Purchasing Service
Order process
Customers wishing to purchase a Product must place an order on the Site (hereinafter the “Order”).
To place an Order, Customers should select the Product(s) they wish to purchase and place them in their basket
Customers can access the summary of their basket at any time before the Order is finally validated, and correct any errors in the information entered.
Customers submit their delivery and invoicing details, if not provided when registering on the Site, as well as their bank details, if they wish to proceed with their purchase through the payment service provider Stripe. In particular, they must ensure that the delivery address they have entered is correct and will allow them to receive the Product ordered.
Once the Products have been selected and the invoicing, delivery and payment information has been entered, Customers are required to:
Check the details of their order and all the information provided, particularly the delivery and invoicing addresses
Accept these General Terms and Conditions and the general terms and conditions of the chosen payment service provider by ticking the boxes provided for this purpose. Customers acknowledge and accept that in the event of any conflict between the payment service provider’s general terms and conditions and these General Terms and Conditions, the latter take precedence.
Confirm their order and authorise its payment.
Order Confirmation
Once the Order is placed, NOERDEN sends Customers, by any means it deems appropriate, including email, a confirmation of their Order (hereinafter: the “Order Confirmation”).
The Order Confirmation summarises the characteristics of the Order.
The Order Confirmation includes (i) the version of the General Terms and Conditions in force on the date of the Order, (ii) the invoice corresponding to the Order.
Customers must ensure that the contact details they provided when placing the Order or updating their Account are correct and will enable them to receive the Order Confirmation. If Customers do not receive it, they should contact NOERDEN at the address indicated in the “Site and Services Operator” article.
The Order Confirmation is proof of the transaction.
Once the Order Confirmation has been received, the sale is final, subject to Customers’ exercising their right of withdrawal according to the conditions indicated in the Article on the “Right of Withdrawal” below.
Shipping
Shipping procedures
The Order is delivered to the delivery address indicated by the Customer at the time of the Order.
Delivery is made via FUTURLOG/MPO Logistics for orders in Europe and in the UK and via Floship for orders made in the US.
Geographical areas concerned
We ship to the following countries: Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom and United States.
Delivery times
France: 1 to 3 working days
UK & European Union (except France): 3 to 5 working days
US: 2 to 12 working days
The above-mentioned delivery times run from the date of the Order Confirmation.
In the event of a late delivery by NOERDEN that is not due to force majeure, the Customer may terminate the contract by registered letter with acknowledgement of receipt if, after instructing NOERDEN by the same means to deliver the Order within a reasonable additional period, delivery has not been made within that period, pursuant to the provisions of Article L.216-2 of the Consumer Code.
Product Features
The sale of the Products presented on the Site depends on the stocks available.
Information on Products’ availability is provided to Customers when they place their Orders.
However, if an Order for an unavailable Product is placed by the Customer, NOERDEN will inform the Customer of this unavailability as soon as possible and undertakes, as the Customer wishes, to cancel the Order for the unavailable Product(s) or to replace the Product(s) with one or more Products of an equivalent price.
NOERDEN reserves the right to modify the Product mix at any time, mainly as regards constraints linked with its suppliers, without prejudice to any Orders previously placed by the Customer.
Financial conditions
Prices
The Services are provided on the Site free of charge.
Orders, on the other hand, are subject to payment. Their price is indicated on the Site at the time the Order is placed.
Unless otherwise stated, the price is indicated in euros including all taxes.
The price of the Orders may be revised by NOERDEN at any time, at its entire discretion. The applicable price is the one indicated on the Site at the time of the Order.
Methods of payment
The price of Orders is payable in full at the time of the Order.
Payment is made in one (1) installment directly from the Site.
Customers pay for Orders using one of the secure payment methods provided on the Site.
Any bank charges are the Customer’s responsibility, including in the event of a refund to the Customer.
Customers guarantee NOERDEN that they have the necessary authorisation to use the chosen payment method.
Invoicing
NOERDEN sends the Customer an invoice for the price of the Order (hereinafter the “Invoice”).
The Invoice specifies the price of the Order and any delivery costs.
NOERDEN makes Invoices for Orders available to Customers in their Personal Space, provided when they created an Account. In any event, it includes the Invoice with the Order Confirmation.
Default on payment
Customers are informed and expressly accept that any failure to make any payment due will automatically entail the immediate suspension of the Services in progress until full payment of all the sums owed.
Period of Services
Period
The Services are provided to Customers with an Account on the Site throughout the period of their membership of the Site, subject to the services available from NOERDEN, and as regards any Order in progress.
Customers may unsubscribe from the Site at any time by requesting this from NOERDEN in an email to the address shown in the “Site and Services Operator” article above.
For Customers who do not have an Account on the Site, the Services are provided to them throughout the period of their use, including for any current Order.
NOERDEN reserves the right to modify or discontinue offering all or part of the Services at any time, at its sole discretion, subject to the execution of any Order in progress.
Termination for default
If Customers fail to comply with any of their obligations under these General Terms and Conditions, and fail to remedy the situation within thirty (30) days of receiving formal notification to do so, NOERDEN may forthwith, without any legal formalities, terminate these General Terms and Conditions and close the Account in question.
The termination of this agreement is without prejudice to any damages NOERDEN may claim as a result of a Customer’s failure to comply, and any penalties due to it.
Consequences of terminated Services
The termination of the Services entails the deletion of the Customer’s Account, and access to his/her Personal Space is then no longer available.
Right of withdrawal
Exercising the right of withdrawal
Customers who have placed Orders on the Site have a period of fourteen(14) days from the order’s date of receipt to change their mind. They can exercise this right of withdrawal by sending NOERDEN, before the expiry of the aforementioned period, an e-mail to the address shown in the “Site and Services Operator” article, or by sending NOERDEN any other unambiguous statement expressing their wish to withdraw.
Customers must return the Product(s) concerned by the Order via the carrier they choose as soon as possible, and no later than fourteen (14) days after notifying their decision to withdraw.
The exercise of the right of withdrawal requires no reason to be given. No penalty will be imposed on Customers, apart from return costs, for which Customers are responsible and must pay.
The Product(s) must be returned to NOERDEN in their original packaging, with all accessories if relevant, without any trace of use. It/they must be accompanied by a copy of the relevant Invoice. The Customer is deemed responsible if any Products are damaged when returned to NOERDEN.
Customers will be refunded the price of their Order as soon as possible, no later than fourteen (14) days from the date of actual receipt by NOERDEN of the withdrawal request. However, at the Customer’s request, NOERDEN may defer this refund until the Product(s) concerned by the Order is/are actually received.
The return costs remain the Customer’s responsibility.
Exclusion of the right of withdrawal
As an exception, Customers who purchase a gift card are expressly informed and accept that it constitutes digital content not provided on a physical medium, and it is provided in full to Customers upon payment.
In application of article L221-28 13° of the Consumer Code, Customers are expressly informed and expressly accept that if they wish to purchase a gift card, they must waive the abovementioned right of withdrawal at the time of the Order by ticking the box provided for this purpose on the Site.
Right of return & exchange
For Orders placed on the Site, returns can be processed within 14 days of receiving the delivery.
Returns are at the expense of the Customer; NOERDEN highly recommend Costumers to provide tracking on their parcel so that they may accurately locate their return.
Once NOERDEN receive the Customer’s return, he/she will receive a confirmation email from NOERDEN’s customer service department.
Parcels may be opened to test Products, but the testing of Products may not go beyond what is necessary to establish their nature, characteristics and functioning. No tape is to be attached to Products or Products packaging. Any protective films applied to Products should only be removed where strictly necessary to test them.
Once the return is received and inspected, should the Customer not wish to replace the Product, a refund will be issued to the original form of payment. Taxes are non-refundable.
Gift cards are non-refundable and non-returnable.
In the unlikely event that a Product is received faulty or with production failure, a replacement will be given. Customers shall contact NOERDEN’s customer service for more info about the right of return & exchange procedure.
NOERDEN data
Customers expressly acknowledge and accept that:
The data collected on the Site as part of the Services are proof of the reality of the operations carried out in respect of these terms and conditions;
These data constitute the (or a) method of proof accepted between the Parties, including for the calculation of sums due to NOERDEN.
Customers can access this data from their Personal Space.
Service level guarantee
NOERDEN will make every effort to ensure that the Site operates continuously 24/7 except in the event of force majeure.
If necessary, NOERDEN reserves the right to limit or suspend access to the Site in order to carry out any maintenance and/or improvement operations. In this case, NOERDEN undertakes to make every effort to provide information of these maintenance and/or improvement operations in advance through a general information message on the Site home page.
As part of these maintenance and/or upgrade operations, NOERDEN undertakes to make every effort to create backups of the Account and/or the content hosted in it, in order to restore it to its original condition on the date of the maintenance and/or upgrade operations.
NOERDEN cannot be held liable under any circumstances if content is lost during maintenance and/or evolution operations.
NOERDEN also undertakes to take all necessary precautions, with regard to the nature of the data and the risks presented by the automated data processing carried out for the requirements of the Services, to preserve the security of the data, and in particular to prevent it from being distorted or damaged, or accessed by unauthorised third parties.
Obligations of Customers
Without prejudice to the other obligations stipulated in this document, Customers undertake to respect the obligations below.
Customers undertake, when using the Services, to comply with current laws and regulations and not to jeopardise the rights of third parties or public order.
Customers acknowledge that they have noted on the Site the characteristics and constraints, including in technical terms, of all the Services. They are solely responsible for their use of the Services and for the information they provide in connection with the Services.
Customers undertake to make strictly personal use of the Services. They must not therefore assign, grant or transfer all or part of their rights or obligations in respect of this document to a third party in any way. Customers undertake to provide NOERDEN with all the information necessary for the proper performance of the Services and, more generally, to cooperate actively with NOERDEN to ensure the proper performance of this contract. Customers undertake to provide accurate, error-free information, in particular with regard to contact details for the delivery of Orders.
Customers are informed and accept that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.
Customers’ Guarantees
In the context of the Product Ordering Service, Customers benefit from legal non-conformity guarantees, and those for hidden defects in the item sold.
For your information, when acting on the basis of the legal conformity guarantee, all consumers:
Have two (2) years from the delivery of the item to take action;
May choose between repairing or replacing the goods, subject to the conditions of cost stipulated in Article L. 217-4 of the Consumer Code;
Are exempted from providing proof of the non-conformity of goods during the twenty-four (24) months following their delivery.
The legal conformity guarantee applies independently of any commercial guarantee granted.
All consumers may also decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, they may choose between cancelling the sale or a reduction of the sale price, pursuant to Article 1644 of the Civil Code.
If Customers notice that the Products that have been delivered are defective, non-compliant or damaged, they may return them to NOERDEN according to the following procedures.
Within a reasonable timeframe and at the latest within twenty-four (24) hours of delivery, they must contact NOERDEN’s customer service by email at the address indicated in the article on “Site and Services Operator” or by going to the “Customer Service” section on the Contact page of the Site, specifying the nature of the defect, non-compliance or damage found.
Customer should also include in their request a photograph of the Product showing the defect, non-compliance or damage as clearly as possible.
NOERDEN will then indicate whether or not it is necessary to return the Product(s) to NOERDEN. If so, Customers should send back the Product(s), and can obtain a refund of the return costs upon presentation of supporting documents in a form of voucher of the same value on the Site.
The Products must be returned to NOERDEN in their original packaging, accompanied by the relevant Invoice and the return number provided by NOERDEN.
Products may be tested but this test must not go beyond what is necessary to verify their conformity and working condition. No adhesive tape should be attached to the Product or its packaging. Any protective film applied to the Product should only be removed when strictly necessary for testing.
The above guarantees cannot be activated if the defect or non-conformity results from the following circumstances:
Improper use or maintenance of the Product
Improper storage of the Product
Exposure of the Product to water or moisture
Collision or fire
Infiltration of sand, dust or dirt
The Product’s exposure to extreme weather conditions
Theft
Use of the Product with products of other brands
Unusual or abnormal use of the Products
Any signs of wear and tear on the Product, particularly dents or scratches, resulting from its use by the Customer
Viruses or other software problems introduced into the Product
When the battery has not been changed by a professional and subsequent damage occurs.
NOERDEN will carry out the necessary checks and replace or refund the Product(s), depending on the choice indicated by the Customer.
NOERDEN will refund the Customer within fourteen (14) days of the Customer’s notification requesting a refund. Taxes are non-refundable, which Customers acknowledge and accept.
If it is impossible to replace the Product(s), NOERDEN reserves the right to send the Customer any other Product of equivalent value, which the Customer acknowledges and accepts.
Prohibited behaviour
It is strictly prohibited to use the Services for the following purposes:
The exercise of illegal, fraudulent activities or activities that infringe the rights or safety of third parties,
The breach of public order or the violation of current laws and regulations,
Intrusion into a third party’s computer system or any activity that could harm, control, interfere with, or intercept all or part of a third party’s computer system, or violate its integrity or security,
Aiding or abetting, in any form and by any means, any of the acts and activities described above,
And more generally any practice subverting the Services for purposes other than those for which they were designed.
It is strictly forbidden for any Customers to copy and/or subvert, for their own purposes or those of third parties, the concept, technologies or any other element of the Site.
The following are also strictly prohibited: (i) any conduct that could interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into NOERDEN’s systems, (iii) any diversion of the Site’s system resources, (iv) any actions that could impose a disproportionate burden on the Site’s infrastructure, (v) any breach of security and authentication measures, (vi) any acts that could affect NOERDEN’s financial, commercial or moral rights and interests, and more generally (vii) any failure to comply with these General Terms and Conditions.
Penalties for breaches
Without prejudice to the provisions of the article on “Termination for default”, in the event of a breach of any of the provisions of these General Terms and Conditions, or more generally, any breach of laws and regulations by a Customer, NOERDEN reserves the right to:
Temporarily or permanently suspend, immediately, access to the Services for Customers who have committed or participated in the breach or infringement, including if they provided incorrect, incomplete, misleading or outdated information when registering,
Delete the Account of the offending Customer,
Take all appropriate measures and take any legal action,
Where appropriate, notify the competent authorities, cooperate with them and provide them with all relevant information for the investigation and repression of illegal or unlawful activities.
Exclusion of NOERDEN’s liability and guarantee
NOERDEN undertakes to make every effort to provide the Services diligently, in accordance with professional standards, it being specified that it is under a best-endeavours obligation, not a performance obligation, which Customers expressly acknowledge and accept.
Its liability is exclusively limited to the provision of the Services pursuant to the terms and conditions described in this document, excluding any other service. Customers further acknowledge and accept that the Services are provided as is, without a guarantee of any kind, whether express or implied.
In particular, NOERDEN does not guarantee that:
The Services, which are subject to constant endeavours to improve their performance and progress, will be totally free of errors, defects or faults;
The Services, being standard and not offered solely for Customers’ use according to their own personal constraints, will specifically meet their needs and expectations;
The Site will operate uninterruptedly; NOERDEN reserves the right to temporarily interrupt access to the Site for maintenance purposes according to the conditions of the “Service Level Guarantee” article, and cannot under any circumstances be held responsible for disruptions or failures of the Internet or of the telecommunications network, and more generally any arising from circumstances beyond its control or force majeure.
In any event, any liability NOERDEN incurs under the present contract is expressly limited to direct damage proved to have been caused to the Customer.
Intellectual Property
These General Terms and Conditions give Customers no intellectual property rights of any kind over the Site, or over any texts, images, audiovisual content or other content used by NOERDEN on the Site, including these General Terms and Conditions, trademarks, trade names and logos, software, structures, infrastructures or databases used by NOERDEN within the Site, which remain NOERDEN’s exclusive, full and entire property.
All acts of dismantling, decompilation, decoding, extraction, reuse, and more generally any reproduction, representation, distribution, adaptation or marketing of the Site and/or texts, images, audiovisual content or other content operated by NOERDEN on the Site that do not comply with the provisions of these General Terms and Conditions are prohibited and may be the subject of legal action.
Personal data
NOERDEN practises a personal data protection policy, whose characteristics are explained in the document entitled “Personal data protection policy “, accessible on the Site home page, and which Customers are expressly invited to read.
NOERDEN states that it complies with all obligations and regulations on personal data protection, in particular to guarantee the security and confidentiality of the data gathered and processed.
Advertising and newsletter
NOERDEN reserves the right to insert, on any page of the Site and in any communication to Customers, any advertising or promotional messages in a form and under conditions solely decided by NOERDEN.
By accepting these General Terms and Conditions, Customers accept that their email address is being added to the newsletter subscribers list.
Links and third party sites
NOERDEN cannot under any circumstances be held responsible for the technical availability of websites operated by third parties that Customers may access via the Site.
NOERDEN accepts no responsibility for the content, advertising, products and/or services available on such third-party sites, which are governed by their own terms of use. NOERDEN is not responsible either for transactions between Customers and any advertisers, professionals or retailers (including any of its partners) to which Customers may be directed through the Site, and may under no circumstances be a party to any disputes with these third parties, in particular concerning the guarantees, declarations and other obligations of any kind binding these third parties.
Force majeure
NOERDEN cannot be held liable towards Customers if the performance of its obligations is delayed, restricted or made impossible through the occurrence of an event of force majeure. Cases of force majeure are considered to be those usually recognized by French case law and courts.
The occurrence of an event of force majeure will initially suspend the performance of the Services for a period that may not exceed three (3) months. If the case of force majeure continues beyond the aforementioned period, the Parties may terminate these General Terms and Conditions forthwith without legal formalities, notice or the right to compensation of any kind, by sending a registered letter with acknowledgement of receipt with immediate effect.
Nullity
If any of the provisions in these General Terms and Conditions is declared null and void or inapplicable by reason of a law or regulation or following a final decision issued by a competent court, only this provision shall be null and void; the other provisions shall retain their full force and scope.
Modification of the General Terms and Conditions
NOERDEN reserves the right to modify these General Terms and Conditions at any time. NOERDEN also reserves the right to modify and/or cease to provide all or part of the Services at any time, at its own discretion. The version of the applicable General Terms and Conditions is the one in force at the time the Order is placed or the Services offered through the Site are accessed by the Customer.
Notifications
For any request for information, NOERDEN can be reached at the contact details indicated in the article “Site and Services Operator” in this document.
Mediation
In the event of a dispute relating to these General Terms and Conditions, Customers may use a consumer mediator free of charge in accordance with Article L612-1 of the Consumer Code.
A list of accredited mediators is available on the Consumer Mediation website at the following address http://www.economie.gouv.fr/mediation-conso.
Customers also have the option of filing a complaint via the online dispute resolution platform (“RLL” platform) accessible via the link below: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN
In the event of failure to appoint a mediator or of the mediation itself, the most diligent party may submit the matter to the competent court in accordance with the terms of the article “Applicable Law and Competent Courts” below.
Applicable law and competent courts
These General Terms and Conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of the General Terms and Conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on the matter, unless mandatory procedural rules require otherwise.
Entry into force
These General Terms and Conditions came into force on 4th of March 2019.
