Terms and Conditions

Nuts! Publishing SAS

SIRET 531 069 482 00036 - APE 7410Z

R.C.S. : Quimper

TVA intracommunautaire : FR45531069482
Recycling number : FR291138_12APZD

Terms and conditions [ 15-04-2018 ]

1. General information

The following general terms and conditions are concluded on the one hand by the company Nuts! Publishing SAS with a capital of 3,150 euros, whose registered office is in Quimper, registered in the Quimper RCS under the number 531 069 482 00036 hereinafter called Nuts! Publishing and, on the other hand, by any natural or legal person wishing to make a purchase via the Nuts website www.nutspublishing.com!, hereinafter referred to as "the buyer".

2. Terms of sale

The present conditions of sale aim to define the contractual relations between Nuts! Publishing and the buyer and the terms and conditions applicable to any purchase made through the Nuts! Publishing website www.nutspublishing.com, whether the buyer is professional or consumer. The acquisition of a good or a service through this site implies an unreserved acceptance by the buyer of the present conditions of sale.

The following general terms and conditions apply to all contracts, deliveries, and other services. Nuts! Publishing hereby explicitly contradict any deviating regulations of the contractual partner.

Nuts! Publishing is entitled at any time, with due notice, to change or to supplement these general terms and conditions including any and all appendices. Orders which have been received prior to any changes will be processed in accordance with the then valid general terms and conditions.

Small deviations and technical changes compared to our images or descriptions are possible. The page of an online product loses validity with publication of the new version. In case of obvious misspellings, typographical or calculation errors, we are entitled to withdraw from the contract.

Our offer is subject to alteration. All prices are in Euro including VAT. VAT is shown separately on the invoice. In case you have been registered by the shop as NON-EU customer or as EU-non-French business partner, the shop will present you net prices (without VAT).

For information on delivery charges please refer to delivery conditions (See 7).

The order process is explained more detailed in section "order". By clicking the "Buy" button the buyer will send his order to Nuts! Publishing, creating a legally binding offer. The buyer will receive an e-mail confirming his order (order confirmation). The conclusion of the contract comes to pass with the sending of the items or a separate mail stating the order acceptance.

3. Characteristics of the offered goods and services 

The products and services offered are those which appear in the catalog published on the site of www.nutspublishing.com of the company Nuts! Publishing. These products and services are offered within the limit of available stocks. Each product is accompanied by a description drawn up by the supplier.

The photographs in the catalog are as faithful as possible but cannot ensure a perfect similarity with the product offered, especially with regard to the colors.

4. Prices

The prices listed in the catalog are prices inclusive of VAT in euros taking into account the VAT applicable on the day of the order. Any change in the rate may be reflected in the price of the goods or services. Nuts! Publishing reserves the right to modify its prices at any time, provided, however, that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. Prices include order processing fees.

All prices include VAT of currently 20% (gross price).

5. Orders

The buyer who wishes to buy a product or a service must:

- Fill in the identification form on which he will indicate all the contact details requested or give his customer number if he has one;

- Fill in the online order form giving all the references of the products or services chosen;

- Validate his order after verifying it;

- Make the payment in accordance with the conditions;

- Confirm his order and payment. Confirmation of the order entails acceptance of these conditions of sale, acknowledgment of full knowledge and waiver of its own terms of purchase or other conditions. All the data provided and the recorded confirmation will be proof of the transaction. Confirmation will be worth signing and acceptance of transactions. The seller will communicate by email confirmation of the registered order.

6. Payment terms

The price is due on order. Payments can be made by check, paypal or credit card. In the latter case, they will be realised through the secure system Sherlocks of the French LCL bank which uses the SSL protocol (Secure Socket Layer) in such a way that the information transmitted is encrypted by a software and that no third party can have knowledge of it during transport on the internet network. Checks should be sent by post to the following address: 118 Avenue de Fouesnant, 29950 Bénodet, France.

The account of the buyer will be debited only when the products o r services available and the amount of products sent. At the request of the buyer, he will be sent an invoice on paper showing the VAT.

The goods will then only be shipped after full payment. If the buyer does not keep the payment deadline, Nuts! Publishing will in due time send him a reminder to the email address used for ordering.

Please note: The cancellation of the order will be done automatically and without overdue notice if no payment has taken place after 30 days, calculated from receipt of shipment.  

The customer shall owe Nuts! Publishing default interest amounting to 5% above the discount interest rate of the French Banque de France for the time of default. If a higher provable damaged has been caused to Nuts! Publishing by default in payment, Nuts! Publishing shall be entitled to assert the claim. A fine of 40 euros will be charged on principle.

In case the reminder remains without results and there is no reaction within 5 working days, Nuts! Publishing shall pass its outstanding accounts on to a debt collecting agency. The buyer shall bear any resulting costs, with the exception of a performance fee, where applicable.

As long as the invoice we sent a reminder for remains open, we will not process new orders placed by the defaulting customer.

7. Terms of delivery

Deliveries are made to the address indicated in the order form which can only be in the agreed geographical area.

In the event of damage during carriage, the reasoned protest must be filed with the carrier within three days of delivery. Delivery times are only given as an indication.

All orders are delivered complete on principle (no partial deliveries). However, Nuts! Publishing reserves the right to make partial deliveries if this appears expedient to a speedy processing of the order (when preordering a game for instance). If the buyer wishes a partial delivery, Nuts! Publishing reserve the right to invoice fright charges that arise from a partial delivery. Special forms of delivery that are requested by the customer shall be invoiced with customary additional fees.

Unless stipulated otherwise, delivery is ex warehouse to the delivery address indicated by the buyer. The risk is transferred to the buyer as soon as the products have left the premises of Nuts! Publishing.

Goods on stock will be shipped the following work-week. Thus, delivery time in France is 4-5  days, within the EU 6-10 days, worldwide 10-20 days. However, there can be differences in some countries which are beyond our influence.

If failure to comply with the delivery or service period results from an act of nature, labour conflict, unforeseen obstacles, or other circumstances beyond our control, the delivery period shall be extended appropriately. If failure to comply with delivery deadlines results from other than the above-mentioned reasons, the buyer is entitled to set a final deadline, threatening refusal of acceptance, and, after expiry of set deadline without results regarding delivery and services as stated in the contract, the buyer is entitled to cancel the order.

Claims for damages for default or failure to perform, including any that arise before cancellation of contract, are excluded, unless a legal representative of Nuts! Publishing acted deliberately or with gross negligence.

If a shipment is returned because the buyer gave incorrect or incomplete information on the delivery address, a second attempt at delivery will be made by Nuts! Publishing only if the concerned buyer advises on his correct address and pays the effective shipping cost to the given address again. Alternatively, the buyer is entitled to request a refund of the payment made.

8. Guarantee

All the products supplied by the seller benefit from the legal guarantee provided for in articles 1641 and following of the French Code civil. In case of non-conformity of a product sold, it can be returned to the seller who will take it back, exchange it or refund it. All claims, requests for exchange or refunds must be made by post to the following address: 118 Avenue de Fouesnant, 29950 Bénodet, France, within thirty days of delivery or by email to support @ nutspublishing.com.

Nuts! Publishing warrants that the sold goods are free from material and manufacturing defects at the time of transfer of risk, and that they possess the contractually guaranteed characteristics. The legal warranty period is 24 months, calculated from the point of transfer of risk. This period is subject to the statute of limitations and shall also apply to claims for compensation for consequential damage, provided that no claims for unlawful acts are asserted. 

The warranty does not extend to normal wear and tear. The warranty expires if the customer changes the delivered goods.

Nuts! Publishing reserves the right to subsequent improvement exempt of charges during the warranty period. A partial or complete exchange of the item is permissible.

In case Nuts! Publishing is unable to perform subsequent improvements or if these are delayed past acceptable deadlines, the purchaser is eligible to withdraw from the contract or demand an appropriate reduction of the purchase price. Unless specified otherwise below, other claims of the purchaser – for whatever legal reason – are excluded. Nuts! Publishing therefore is not liable for any damages that did not occur on the delivered item itself; in particular, Nuts! Publishing is not liable for lost profit or for any other financial losses of the purchaser. Insofar as Nuts! Publishing's liability is excluded or restricted, this shall also apply to the personal liability of employees, representatives, and other agents. Abovementioned limitation of liability shall not apply if the cause of damage is due to intent or gross negligence. Moreover, it does not apply when the buyer has claims under articles L211-5 and L211-12 of the French Code de la Consommation on the lack of conformity. Should Nuts! Publishing negligently violate essential contractual obligations, the liability to pay compensation for property damage or personal damage is limited to damage which typically occurs. 

In general, should you be dissatisfied with our services or the delivered items, Nuts! Publishing asks the buyer to contact it directly so that Nuts! Publishing can solve the problem and find solutions, respectively at support @ nutspublishing.com.

9. Return of goods / Cancellation

Cancellation right:

The buyer have the right to cancel his contract within fourteen days without giving any reason. The cancellation period will expire after 14 days from the day on which he acquires, or a third party other than the carrier and indicated by the buyer acquires, physical possession of the goods.

To exercise the right to cancel, the buyer must inform

Nuts! Publishing / www.nutspublishing.com

Président : Florent Coupeau

118 Avenue de Fouesnant, 29950 Bénodet, France

Email: support @ nutspublishing.com

of your decision to cancel this contract by a clear statement (e.g. by mail, or email). The buyer may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for the buyer to send his communication concerning his exercise of the right to cancel before the cancellation period has expired.

Consequences of cancellation:

If the buyer cancels his contract, Nuts! Publishing will reimburse to the buyer all payments received from him, including the costs of delivery (except for the supplementary costs arising if he chooses a type of delivery other than the least expensive type of standard delivery offered by Nuts! Publishing) without undue delay and not later than fourteen days after the day on which Nuts! Publishing is informed about his decision to cancel his contract. Nuts! Publishing will make the reimbursement using the same means of payment as the buyer used for the initial transaction, unless he has expressly agreed otherwise. In any event, the buyer will not incur any fees as a result of the reimbursement. Nuts! Publishing may withhold reimbursement until Nuts! Publishing has received the goods back or the buyer has supplied evidence of having sent back the goods, whichever is the earliest.

The buyer shall send back the goods or hand them over to Nuts! Publishing without undue delay and in any event not later than fourteen days from the day on which the buyer communicates his cancellation from this contract to Nuts! Publishing. The deadline is met if the buyer sends back the goods before the period of 14 days has expired.

The buyer shall bear the direct cost of returning the goods.

The buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion and/or premature expiration of the right to cancel:

The right to cancel is excluded for contracts for the supply of goods that are made to the buyer’s specifications or are clearly personalized.

Sample of Cancellation Form

10. Responsibility

Nuts! Publishing, in the process of online sale, is bound only by an obligation of means; Its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or other unintentional problems.

11. Intellectual property

All elements of the site www.nutspublishing.com are and remain the exclusive intellectual property of Nuts! Publishing.

No one is allowed to reproduce, exploit, re-broadcast, or use for any reason whatsoever, even partially, software, visual or sound elements of the site. Any simple or hypertext link is strictly forbidden without an express written agreement from Nuts! Publishing.

The goods remain property of www.nutspublishing.com until payment is affected in full.

12. Personal data

In accordance with the French law relating to data processing, files and freedoms of the January 6th 1978, nominative information relating to purchasers may be processed automatically. Nuts! Publishing reserves the right to collect information about purchasers including by using cookies and, if so desired, to transmit the collected information to business partners.

Buyers can object to the disclosure of their contact information by notifying Nuts! Publishing. Similarly, users have the right to access and rectify data concerning them, in accordance with the law of January 6th 1978.

13. Archiving and proof

Nuts! Publishing will archive purchase orders and invoices on a reliable and lasting basis as a faithful copy in accordance with the provisions of the article 1348 of the French Civil Code. The computerized registers of Nuts! Publishing shall be considered by the parties as evidence of communications, orders, payments and transactions between the parties.

14. Litigation

The following general terms and conditions are subject to French law. Legal venue for traders/retailers is the place of business of www.nutspublishing.com  is Quimper, 29000, France.

Online dispute resolution according to Art. 14.1 ODR-VO: The European Commission offers a plattform for online dispute resolution (ODR), which can be found under 

http://ec.europa.eu/consumers/odr/

In case of unresolved dispute, competence is attributed to the competent courts of Quimper, notwithstanding plurality of defendants or call in guarantee.