Terms & Conditions

Article 1 - Definitions

For the correct interpretation of these Terms and Conditions, the following terms have the following meanings:

  • Buyer: Individual person/consumer buying products on the website www.nuitdelaglisse.com
  • Seller: Perfect Moment Entertainment, SARL, c/o Cofida sa, Rue Ancienne 88, CH 1227 Carouge Geneva, Switzerland. (hereafter "PME"))
  • E-mail contact: contact@nuitdelaglisse.com
  • Internet website: www.nuitdelaglisse.com

Article 2 - Object

These Terms and Conditions are intended to define the rights and obligations of the Seller and the Buyer with regard to product sales through the website www.nuitdelaglisse.com . They are exclusively reserved to individual Buyers and not to registered companies.

Article 3 - Scope

These Terms and Conditions apply to all sales of products by the Seller to the Buyer, through the website.
PME reserves the right to modify at any time the present General Terms and Conditions. In case of modification, the Terms and Conditions applicable on the day of order remain valid regarding that order.
An order will be accepted by the Seller only after express acceptance of these Terms and Conditions by the Buyer, by checking the appropriate box on the website.

Article 4 - Order

4.1 General

The Buyer orders the products through the website. All contractual information is presented in English.

4.2 Validation

To place an order, the Buyer must initially create a personal account by supplying to the Seller information allowing his/her identification and by completing an online form. The Buyer must specifically provide a valid name, full postal address including postcode, and e-mail address by completing the fields regarding his/her identity.

The Buyer declares that he/she fully accepts these Terms and Conditions before placing an order. He/She therefore recognizes that these Terms and Conditions conform to art. 1369-4 of the French Civil Code. The Buyer has the opportunity to return to the precedimg stages of an order to modify and amend his/her order and all the relative information.

An e-mail confirming the order, containing all the relative information, will be sent to the Buyer a few seconds after the validation by the Buyer of his order.

4.3 Validity

The offer of products on sale on the website is valid as long as these products are visible online and within the limit of the available stocks.
Photos and descriptions of the products have only an indicative value. Minor modifications of the products may occur without the Seller's explicit acceptance, and without having effect on the sale itself.

4.4 Running out of stock

At the receipt of an order, the Seller checks the availability of the ordered product in the stock. In the case of non-availability of the ordered product, the Seller will immediately inform the Buyer by e-mail. He will also inform the Buyer of the lead time for new stock availability. On receipt of the e-mail, the Buyer may decide to wait for the ordered product to be available again. He may also request a replacement product or the refund of his order. In this case, the Seller will reimburse the amount due to the Buyer within 30 days as of receipt of the e-mail sent by the Buyer.
If one of the ordered products is out of stock, the rest of the order will be honored by the Seller.

Article 5 - Price and payment

5.1 Price

Prices are indicated in € (euros) on the website. They include local taxes (VAT), but exclude shipment costs and duties. When the Buyer is purchasing items from outside the EU, the prices indicated at check-out do NOT include VAT.
The Seller reserves the right to modify the published prices on the website, but the prices invoiced to the Buyer are those in force at the time of the order confirmation by the Buyer.

5.2 Form of payment

The following methods of payment are accepted:

  • Paypal 

5.3 Default of payment

PME reserves the right to refuse to honour an order or to make a delivery to a Buyer who has not wholly paid a previous order or who is in litigation due to a previous order.

Article 6 - Delivery

6.1 Form of delivery

PME uses third party shipping companies to deliver orders. The Buyer has a choice of standard or express delivery:

  • Standard delivery by Colissimo Poste
  • Express delivery by UPS

All parcels require a signature at delivery. 

6.2 Shipping costs

Shipping costs are calculated based on the destination address of the ordered products. These costs are added at the end of the order in the Buyer's basket.

6.3 Shipping time

The Seller will dispatch the order within 48 hours from the moment the payment has been confirmed. The Buyer's items will be delivered to the address submitted when he/she placed the order.

Article 7 - Cancellation, return and reimbursement, exchanges

7.1 Cancellation

It is not possible to cancel the order once the products have left our warehouse.

7.2 Right of return

After having received the ordered products, the Buyer has 7 days to return the ordered merchandise to the Seller without any justification. If the Buyer exercises his/her right of return within 7 days, the Seller agrees to reimburse him/her within 15 days of receipt of the returned merchandise.
Returns outside of these timeframes may be accepted at the discretion of the Seller and may only be refunded as store credit.

A Buyer who wishes to exercise the right of return must immediately contact the sales office of the Seller by e-mail.

7.3 Reference error

If the Buyer receives a product not corresponding to the ordered product, due to a possible reference error, the Buyer has 15 days to return the erroneously delivered product and ask for the initially ordered product to be delivered. He has also the right, in the same 15 day period, to return the erroneously delivered product and to ask to be reimbursed.

NOTE: The right of return cannot be exercised if the returned merchandise has been modified and therefore cannot be sold again normally. Therefore, all products returned must be in perfect condition, and in their original packaging. Soiled or damaged merchandise will be returned to the Buyer at his/her cost.

A Buyer who wishes to exercise the right of return must immediately contact the sales office of the Seller by e-mail.

After having received the erroneously delivered merchandise, the Seller will deliver the correct product corresponding to the initial order immediately.
If the Buyer prefers to be reimbursed, the Seller will reimburse him/her within 15 days of receipt of the returned merchandise.

Article 8 - Risks and transfer of ownership

8.1 Risks

Risks associated with the shipment of the ordered products are the Buyer's responsibility, from the moment they leave the Seller's warehouse. In the case of shipment of the ordered products by the Buyer for the attention of the Seller, risks associated with the shipment of those products are also the Buyer's responsibility. The Buyer is free to contact the shipment company, in case of late delivery, theft or damage occurred to the ordered and/or returned merchandise.

8.2 Transfer of ownership

Transfer of ownership of the ordered products from the Seller to the Buyer takes place at the time of online order completion by the Buyer.

Article 9 - Guarantee

The Buyer benefits from a hidden defects guarantee on the product (art. 1641 of the French Civil Code). If the delivered product is not in accordance with the designated product at the time of the order, the Buyer may ask the Seller to replace this product or to be reimbursed in accordance with art. 7.3 above.

PERFECT MOMENT ENTERTAINMENT® WARRANTY

Perfect Moment Entertainment® products are fully warranted to the original owner against defects. If a product fails due to a manufacturing defect, the Seller will repair the product without charge or replace it with the same or an existing comparable model.

This warranty does not cover damage caused by accident, improper care, negligence or the natural breakdown of products over extended time and use.

For warranty evaluation, the Buyer must return the product to the Perfect Moment Entertainment® Dealer where he/she purchased the product with the original purchase receipt. Any product returned without the sales receipt is not covered under warranty. The authorized Dealer will return the product directly to the Seller's Customer Service Department. The Seller requires that all products are in clean condition. Products that are dirty will be rejected and returned to Buyer charging freight.

The Seller will do his best to process the defected items within 15 days from receiving the goods, although in some cases it may take up to 30 days before items can be repaired/replaced.

Article 10 - Responsibility

The Seller's responsibility is limited to direct and predictable damages which may result from the appropriate use by the Buyer of the website and the delivered products. Responsibility of the Seller should not be involved in case of damages caused to the Buyer and/or to third parties by an inappropriate use of the ordered and delivered products.

Article 11 - Intellectual property

All the published elements within the website, such as sounds, images, photographs, videos, writing, animation, programming, graphic design, etc. is protected by the clauses of the Intellectual Property Code. The relative rights belong to the Seller.
The Buyer is therefore not authorized to use, reproduce, modify, adapt or translate all or part of these documents.

Article 12 - Personal data

The Buyer is informed that during his navigation and in the context of the order, personal data about him are collected and processed by the Seller. This processing is in conformity with the declaration of the Commission Nationale Informatique et Libertés pursuant to Act No. 78-17 of January 6th 1978.
The Buyer is informed that his data:

  • Are collected fairly and lawfully,
  • Are collected for specified, explicit and legitimate purposes,
  • Will not be further processed in an incompatible way with those purposes,
  • Are appropriate, relevant and not excessive in relation to the purposes for which they are collected and their subsequent treatment,
  • Are preserved in a way permitting identification of concerned persons for a period that does not exceed the necessary time to the purpose for which they are collected and processed.

The Seller is also obliged to take every precaution to safeguard the security of data, and in particular that they are not distorted, damaged or that unauthorized parties have access to them.
These data are used for the processing of the order as well as to improve and customize the services offered by the Seller. They are not intended to be disclosed to third parties.
The Buyer shall have the right to refuse that his personal data are subject to processing, and that this data are used for prospecting purposes, including commercial purposes.
The Buyer may also require the Seller to correct, complete, update or delete personal data which is inaccurate or incomplete, or no longer relevant.

 

Article 12- Communication

It is expressly agreed that the parties can communicate with each other electronically for the needs of these Terms and Conditions, with the proviso that technical security measures intended to ensure the confidentiality of data exchanged are put in place. Both parties agree that the exchanged e-mails between them prove legitimately the terms of their exchanges and, when appropriate, of their commitments, particularly regarding the transmission and acceptance of orders.

Article 13 - Partial invalidity

If a part of these Terms and Conditions appears to be illegal or invalid, such invalidity will not lead to the nullity of the other clauses of these Terms and Conditions, unless those clauses are by nature non dissociable with the invalidated stipulation.

Article 14 – Applicable law

These Terms and Conditions are governed by the French law.

Article 15 - Assignation of jurisdiction

The parties agree that in case of a dispute that may arise concerning the implementation or interpretation of the Terms and Conditions, they should try to find a compromise. In case of failure of this attempt at amicable resolution of the dispute, the latter shall be referred to the ordinary French jurisdiction court.

Date: September 2014

Perfect Moment Entertainment, SARL,
c/o Cofida sa,
Rue Ancienne 88,
CH 1227 Carouge Geneva,
Switzerland