General conditions of sale

Terms and conditions of sale

NV GALLERY invites the Customer to download and print the general sales conditions.

Access to the e-commerce area of the NV GALLERY website implies unreserved acceptance of the following provisions:

I. LEGAL NOTICE

NV Gallery is the publisher of the site www.nvgallery.com.

NV Gallery is a société par actions simplifiée (simplified joint stock company) with capital of €15,000, registered with the Paris Trade and Companies Registry under number 818 045 585.

To contact us: info @nvgallery.com - 01.86.47.27.84

Its head office is located at 3-5 rue d'Argout - 75002 PARIS.

Intracommunity VAT number: FR04818045585.

ADEME NO.: FR026988_10NRVW

Publication manager: Mr François Turck.

The www.nvgallery.com website is hosted by Shopify.

These general terms and conditions of sale and use govern all use of the site and the services offered on it.

II. GENERAL TERMS AND CONDITIONS OF SALE TO CONSUMERS (B to C)

These General Terms and Conditions of Sale (hereinafter referred to as the "GTCS") govern, without restriction or reservation, the sale of items ("Item(s)") listed on the website www.nvgallery.com (hereinafter referred to as the "Site") concluded on the Site between the company NV Gallery and customers (hereinafter referred to as the "Customer(s)", meaning any consumer as defined by French law and jurisprudence) on the Site (hereinafter referred to as the "Order(s)"). The GCS are available to the Customer and more generally to any natural person using the services offered on the Site. For any order placed on the Site, the Customer must first accept the GCS in their entirety by ticking the box "I declare that I have read the General Terms and Conditions of Sale and accept them unreservedly". Thus, with each Order, the Customer warrants that he/she has the full legal capacity to accept the GTCS and to enter into a sales contract concerning the Items offered for sale on the Site. It is the Customer's responsibility to take all necessary precautions when reading the GCS.

1. Modifications :

NV Gallery reserves the right to modify the T&Cs at any time, for various reasons, including in the event of: (a) a change in the way our organization operates; (b) a change in the legal or regulatory requirements with which we must comply; or (c) a change in the methods of payment we accept. They will then be applicable to all orders placed from the date they are posted on the Site.

The date of the last modification of our conditions appears at the top of this page.

2. Articles

NV Gallery presents the Articles offered for sale by means of information sheets available on the Site, which include photographs and descriptions of the Articles. These information sheets indicate as clearly as possible the main characteristics of the Items, as well as the information required under applicable law.

NV Gallery is committed to a policy of continuous product development in order to offer the best quality/design/price ratio. NV Gallery reserves the right to modify the prices, packaging and specifications of the items offered on the Site at any time and without prior notice. The prices indicated at the time of the Order of the Articles are valid subject to possible manifest errors in the price. In the event of manifest errors in the price displayed, NV Gallery reserves the right to cancel the Order. Payments already made will be refunded immediately. NV Gallery reserves the right to modify the Items offered on the Site, in particular in accordance with the constraints of its suppliers. The photographs are presented for information purposes only and do not constitute a contractual document.

3. Awards

The prices of the Items offered for sale on the Site are those displayed on the Site at the time of validation of the Order by the Customer on the Site.

Item prices are displayed in euros (€) and include VAT (where applicable).

Prices do not include delivery charges or any additional charges. These additional costs are indicated on the information sheet for the Article concerned, independently of the price of the Article. These costs are also displayed on the summary page proposed before the final validation of the Order by the Customer. They will also be displayed in the Order confirmation. NV Gallery reserves the right to modify prices at any time, while guaranteeing the application of the price in force on the day of the Order.

By placing an Order on the Site, the Customer expressly authorizes NV GALLERY to carry out or have carried out, in the Customer's name and on the Customer's behalf, any customs clearance operations induced by the Order and all related formalities with customs authorities, including the payment of duties and taxes and, where applicable, any requests for reimbursement of duties and taxes (particularly for returned goods). This mandate given by the Customer implies that NV Gallery carries out or has carried out customs clearance operations in accordance with the rules of the trade and with selected service providers, the Customer remaining the importer and actual recipient of the Items ordered within the meaning of customs regulations.

4. Control

The customer can order items by following the procedure below:

a. Ordering steps

Orders are placed and received solely via the Internet at www.nvgallery.com and processed by NV Gallery.

In order to place an order on the Site, the Customer must create a customer account (hereinafter, "Customer Account") via the customer account tab.

In order to create a Customer Account, the Customer is invited to enter his/her personal details via an online form (surname, first name, gender, date of birth, e-mail address and password). The Customer must also indicate whether he/she is ordering as a consumer or a professional. The identification data is entered by the Customer under his/her sole responsibility, control and direction, and the Customer undertakes not to impersonate any third party. The Customer receives an e-mail confirming registration on the Site. The Customer Account is strictly personal and confidential, and enables the Customer to identify him/herself before placing and validating each order. The Customer undertakes to keep his/her identification data secret and not to disclose them to third parties. NV Gallery shall not be held liable for any infringement of the Customer Account by a third party due to the Customer's transmission of his/her identification information to a third party, or due to the Customer's negligence in this regard.

The Customer is free to select the Items of his/her choice and add them to his/her virtual basket (hereinafter the "Basket"). The detailed contents of the Order and its total amount are displayed in the Shopping Cart before the Order is validated, so that the Customer can check the details of the Order he is about to validate.

The Order procedure allows the Customer to correct, modify and check the items added to his/her Shopping Cart before validating the Order. It is therefore the Customer's responsibility to take the time to review and check the Order at each stage of the process.

The Customer may continue shopping by returning to the online store page, or complete the Order by clicking on the "Place Order" tab (1st click). A summary order form is displayed, summarizing all Order information relating to the quantities of Items selected, the price of the Items and any related charges.

The Customer is then invited to connect to his Customer Account by entering his e-mail address and password, or to create his Customer Account in accordance with the provisions of article 4.1 above. The Customer is then asked to provide his or her delivery and billing address for the Products. On the same page, the Customer is invited to choose their method of payment (credit card, Paypal, 3x or 4x Alma).

If the Customer chooses to pay for the Products via PayPal, the Customer is invited to tick the box "I declare that I have read the General Terms and Conditions of Sale and accept them unreservedly" and then click on "Pay" (2nd click). The Customer will then be directed to the PayPal interface page, where they must either (i) enter their PayPal login details or (ii) open a PayPal account.

If the Customer chooses to pay for the Articles via Alma, the Customer is invited to click on the tab "payment in 3x Alma" or "payment in 4x Alma" and to tick the box "I declare that I have read the General Terms and Conditions of Sale and accept them unreservedly" and then click on "Pay" (2nd click). The customer will be redirected to the Alma interface page, where he/she will be asked to fill in the necessary information requested by the platform.

If the Customer chooses to pay the price of the Items via Oney Banque, the Customer is invited to click on the "3x Oney payment" tab and to tick the box "I declare that I have read the General Terms and Conditions of Sale and accept them unreservedly", then click on "Pay" (2nd click). The customer will be redirected to the Oney banque interface page, where he/she will be asked to fill in the necessary information requested by the platform.

If the Customer chooses to pay for the Products directly by credit card (Visa, Mastercard), he/she will be asked to enter his/her bank details. To definitively validate the order and proceed with payment of the Product price, the Customer must tick the box "I declare that I have read the General Terms and Conditions of Sale and accept them unreservedly" and then click on "Pay" (2nd click).

Validation of the Order by the Customer implies unreserved acceptance of the GCS and triggers the formation of the contract. Consequently, the Customer acknowledges and accepts that by placing an Order on the Site, he/she undertakes, in particular, to pay for the Items ordered and to comply with the application of the GCS.

b. Order confirmation by NV Gallery.

The Order and its payment are confirmed by sending an Email to the Customer. This e-mail is sent by NV Gallery as soon as possible after the Order has been placed by the Customer. The Order Confirmation summarizes the Items ordered, the price of the Items, any shipping costs for the Items and other related costs, NV Gallery's contact details, the GTC applicable at the time of sale and a withdrawal form. The order confirmation summarizes the purpose and terms of the sale.

Any item not included in the confirmation email sent by NV Gallery following confirmation of the Order does not form part of the contract. NV Gallery reserves the right to refuse any Order for legitimate reasons. NV Gallery also reserves the right to request any additional documentation we deem necessary in connection with your Order.

The order will only be final once NV Gallery has sent confirmation of the Order and NV Gallery has received full payment for the Items ordered by the Customer. NV Gallery archives the purchase orders, invoices and the various exchanges made and may produce these documents as proof of the contract.

c. Document retention

For all Orders equal to or greater than 120 euros including VAT, NV GALLERY undertakes to keep the documents relating to the transaction for a period of 10 years. NV GALLERY guarantees the Customer access to these documents at any time.

d. Order modification

Modification of an Order after its confirmation is subject to our acceptance and must be made by contacting NV Gallery customer service.

NV GALLERY's customer service contact details are as follows;

- info@nvgallery.com

In the event that we accept your request to modify an Order, customer service will inform you whether the desired modifications will incur additional charges and, if so, the amount of these charges.

If your order is already being shipped when you contact us, we will not be able to make the desired change to your Order.

e. Order cancellation

You may cancel all or part of your Order. To cancel an Order after it has been confirmed, please contact NV Gallery customer service. The conditions for cancelling your Order depend on the progress of the Order.

NV Gallery Customer Service will carry out a thorough search of the status of your Order and check, if it is not in the process of being shipped, whether it is possible to block shipment. If this is possible, we will refund the payment made for your Order within 10 days of confirmation of the Order cancellation (including shipping costs).

However, if your Order is already being shipped at the time you contact us, you will need to wait until your Order has been delivered before requesting a return (in accordance with article 10 "Returns/Right of withdrawal" of the General Terms and Conditions). Cancellation of an Order may then be made within 14 completed calendar days (in application of article L.221-18 of the French Consumer Code) from receipt of the Order by the Customer, by means of a request for the return of the Items concerned and in accordance with the procedures described in article 10. We will proceed with the refund of the Article upon receipt of the returned Article or on the date on which you provide proof of shipment of the Article, if this date is earlier, less the return costs applicable in article 10 b). These costs are invoiced for each Article returned.

In the event that an Order placed encounters a significant delay or cannot be processed by the manufacturer NV Gallery has selected for any reason, we will inform you as soon as possible.

If the manufacturer/supplier informs us that it is impossible for them to manufacture the Items in an Order, or that they would not meet our level of quality and requirements, we will withdraw the Orders.

In the event that you have ordered this item, we will inform you immediately, your order will be cancelled and we will proceed with a full refund including delivery costs.

5. Payment

Payment for an Order may be made by credit card, such as Visa or Mastercard, or by Paypal.

NV Gallery reserves the right to exclude certain payment methods for certain Items. In this case, the Customer must use the other payment methods offered. Payment shall be made in cash upon validation of the Order by the Customer. When paying for the Order, the Customer certifies that he/she is the holder of the credit card used and that he/she has sufficient funds to pay for the Order. NV Gallery reserves the right to refuse a transaction for any reason whatsoever and to suspend access to its payment service to any person at any time if deemed necessary by NV Gallery.

Payment of the price of an Order will be executed as soon as we have confirmed the Order. We will send you another e-mail as soon as the Order has been dispatched.

Payment in 3 or 4 instalments with Alma

Payment by instalments/deferred payment is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.

Purchase amount

P3X / P4X: Only purchases between €300 and €4,000 are eligible for payment with Alma.

Fees

By paying in instalments with Alma, the Customer does not pay any fees.

Alma is a telepayment manager and issues an electronic certificate as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the French Civil Code.

Cancellation

Any termination of the General Terms and Conditions between the Seller and the customer shall result in the termination of the General Terms and Conditions between Alma and the customer.

How does it work? Payment by credit card in 3 instalments, free of charge, allows you to pay for your order as follows:

- a mandatory contribution, debited on the day your order is validated, corresponding to one third of the order;

- two monthly instalments, each corresponding to one third of the order, debited 30 and 60 days later.

- Payment in 3 instalments from €300 up to €4,000

Example 3X: For a purchase of €600, deposit of €200 then 2 monthly payments of €200. Credit over 2 months at a fixed APR of 0%. Cost of financing 0€.

Example 4X: For a purchase of €600, deposit of €150 then 3 monthly payments of €150. Credit over 3 months at a fixed APR of 0%. Cost of financing 0€.

Pay for your order in 3 free instalments by credit card from €300 up to €4,000 with Oney Bank.

Our partner Oney Bank offers you a financing solution called 3x Oney, which allows you to pay for your purchases from €300 to €4,000 in 3 instalments free of charge using your bank card.

Conditions: This offer is reserved for individuals (natural persons of legal age) residing in France and holding a Visa or MasterCard bank card with a validity date greater than the chosen financing period. Systematic authorization cards such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express are not accepted.

Subscription procedure: To validate your Order, simply click on the "3x Alma payment by credit card" button and tick the box "I declare that I have read the General Terms and Conditions of Sale and accept them unreservedly", then click on "Pay". You will then be redirected to our partner's 3x Alma web page, where you will find a detailed summary of your Order and your personalized financing request, which you must then validate.

Enter your personal details or, if you have a 3x Oney account, log in using the login details linked to your 3x Alma account. You then read the general terms and conditions of payment in instalments to which you wish to subscribe, which are provided to you in PDF format so that you can read, print and save them before accepting them.

You then notify your electronic acceptance of Alma's general terms and conditions of sale by checking the corresponding box.

In the absence of proof to the contrary, the data recorded by Alma constitutes proof of all transactions between you and Alma.

If you ask to benefit from a financing solution offered by Alma, the information relating to your Order will be transmitted to Alma, which will use it to study your request for the granting, management and collection of credit.

This site is published by Alma SAS, 176 Avenue Charles de Gaulle 92200 Neuilly-sur-Seine, France, registered with the Nanterre Trade and Companies Register under number 839 100 575. If you have any questions, please contact us directly online or by e-mail: contact@almapay.com

6. Delivery / Acceptance

Our products are delivered in mainland France (including Corsica) and Belgium. Items are delivered to the address indicated by the Customer when placing the Order. The delivery address indicated by the Customer may be different from the billing address of the Order.

Delivery charges are applied when an Order is placed. These charges depend on the size and weight of the Item ordered and the delivery method requested. These charges are invoiced per Item. The calculation of delivery charges varies according to the number of Items ordered. A ceiling may sometimes be applied depending on the size of the Order. Depending on the characteristics of the Order, and in order to best meet the Customer's requirements, NV Gallery may use different transport companies. For larger parcels, a comfort option is offered: this includes delivery of the Article to the room requested by the Customer. The delivery location must be accessible to the delivery personnel. For example, delivery must not require the use of a freight elevator or take place on floors without an elevator. Otherwise, delivery will be made to the bottom of the building, or an additional delivery charge may be applied.

Prices do not include delivery charges or any additional charges relating to Items. Delivery costs and additional charges are indicated on the information sheet for the Article concerned, independently of the price of the Article. These costs are also displayed on the Shopping Cart summary page and before the final validation of the Order by the Customer. The customer may choose between different delivery methods, and delivery charges will be calculated accordingly.

Before confirming the Order, the Customer is responsible for ensuring that he/she has the capacity to receive the Items ordered in the manner indicated: in particular, his/her availability at the time of delivery when delivery is scheduled by appointment and the possibility of access by the carrier to the place of delivery, for verifying that the Items will fit easily into the room of his/her choice, that they are suitable for that room and that they can pass through the apartment or room door, stairs and doors, and that no other problem is likely to complicate delivery or make it impossible. NV Gallery will not be held responsible for any delay in delivery due to an error or lack of precision on the part of the Customer (delivery address, telephone number, etc.). Any additional costs that may be incurred as a result of delivery delays or the need to modify the delivery initially planned by the Customer will be charged to the Customer.

The place of delivery must be accessible to the delivery personnel. For deliveries to upper floors, the customer must ensure that his home is accessible by elevator, freight elevator or a stairwell suitable for the delivery of bulky items. Upstairs deliveries are possible up to the 4th floor. For deliveries to higher floors, additional charges will be applied or, failing this, the goods will be delivered to the foot of the building. This point will be checked by the carrier when the appointment is made. Delivery may be made under the conditions announced at the time of the Order, insofar as the accessibility of the delivery location permits. Failing this, delivery will be made to the bottom of the building, or an additional delivery charge may be applied.

The Customer shall keep the contact details provided up to date so that NV Gallery, or the carrier appointed by NV Gallery, can contact the Customer if necessary regarding the Order or the delivery of the Items.

Upon delivery, the Customer must sign a delivery note after checking the condition of the package received (packaging). In the event of damage to the package upon delivery, NV Gallery recommends that the Customer refuse the package and contact NV Gallery customer service as soon as possible. In the event of an error in the delivery address, the Customer must contact NV Gallery customer service no later than the first working day following delivery.

Shipping times are indicated on the Site and on your Order confirmation. The shipping times indicated at the time of validation of your Order, as well as the delivery dates set by the carrier for the delivery of your packages, may be subject to change. In the event of a change in these times, NV GALLERY will do its utmost to inform you of the change as soon as possible.

NV GALLERY makes every effort to satisfy its Customers, in particular by respecting shipping and delivery deadlines. However, NV GALLERY cannot be held responsible for delays in delivery caused by force majeure or the unforeseeable and insurmountable actions of third parties.

In the event of a defective Article, the Customer must contact NV Gallery's customer service within a maximum of 3 days from receipt of the Article. NV Gallery reserves the right to request additional evidence in order to identify the non-conformity and to organize the return of the Article. In the event of the return of a non-conforming Article, no return charges will be applied. The Customer may request replacement of the Article - by free reshipment of a new conforming Article - or reimbursement of the defective Article. This refund will be made within 14 days of receipt of the returned item in NV Gallery's warehouses.

Our delivery times vary from 6 to 13 weeks on average, as our organization aims to offer you our products at the best prices. For certain items - indicated as express delivery - shipment takes place within an average of 3 to 5 working days after confirmation of the Order, after which the delivery time of the carrier partner is added to this period. Between confirmation of the Order by NV Gallery and its delivery, the Customer is regularly informed of the status of his Order. NV Gallery also provides the Customer with an Order tracking tool on its online Customer Account: this tool is updated as often as possible using available information. The estimated delivery times communicated by NV Gallery at the time of order validation may be modified at any time by NV Gallery. In case of modification of the delivery time of an Article, NV Gallery will inform the Customer of the modified delivery time within a reasonable period of time. In the event that NV Gallery's suppliers are unable to manufacture an ordered item for any reason whatsoever (non-compliance with quality requirements, failure to reach a minimum order threshold, unavailability of means of production, etc.), NV Gallery will inform the Customer within a reasonable period of time and will proceed with reimbursement of the Item, including delivery costs.

7. Availability

All Orders for Items are subject to the availability of the Items ordered and the materials from which they are made. If, for any reason whatsoever, the Items ordered by the Customer are not available or their delivery is delayed, NV Gallery will inform the Customer as soon as possible after receipt of the Order.

3.2 If NV Gallery is unable to supply an Item, for example because it is no longer in stock with the manufacturer/supplier or due to a pricing error, NV Gallery will inform the Customer by e-mail and will not confirm the Order. If the Customer has already paid for the Product, NV Gallery will refund the full price as soon as possible.

8. Product images and dimensions

The images of the Articles presented on the Site are given for information purposes only.

Although NV Gallery makes every effort to display colors accurately, it cannot be guaranteed that your computer will display colors accurately or render the color of the Items satisfactorily. Items delivered to the Customer may differ slightly from those shown in the images.

Although NV Gallery makes every effort to be as accurate as possible, the dimensions shown on the Site, including weights, dimensions and capacities, are approximate only.

9. Risk and Ownership

Ownership of the Articles is transferred to the Customer as soon as NV Gallery has received all sums due for the Articles, including delivery charges. The Customer is responsible for the Articles from the moment the Customer (or a third party other than the carrier and indicated by the Customer) takes physical possession of the Articles.

10. Returns and refund policy

a. Right of withdrawal terms

You have a legal period (article L221-18 of the French Consumer Code and article VI.47 of the Belgian Code of Economic Law) of 14 completed calendar days (if this period expires on a Saturday or Sunday or on a public holiday or day off, it is extended to the next working day) from receipt of your Article by yourself or any authorized third party to inform us of your wish to make a return and to organize the return of this Article to the place of delivery. If the Customer orders several Articles in a single Order, or if an Article is delivered in several parts, lots or pieces, the withdrawal period expires 14 days after the date on which the Customer (or a third party other than the carrier and indicated by the Customer) takes physical possession of the last part, lot or piece of the Article which constituted the Order.

To exercise the right of withdrawal, you must inform us of your decision by completing the withdrawal form accessible via the Customer Account, "My Orders" tab, or by any other unambiguous statement (e.g. by e-mail to info@nvgallery.com).

To comply with this withdrawal period, you must send the message concerning the exercise of this right of withdrawal before the expiry of the withdrawal period.

b. Consequences of withdrawal/Refund

If you cancel the contract by exercising your right of withdrawal within the statutory period, we will arrange for the Article to be collected from the place of delivery of the Article. We will proceed with the reimbursement of the Article upon receipt of the returned Article or on the date on which you provide proof of shipment of the Article, if this date is earlier. The refund will be made net of the applicable returns charges below. Returns charges apply per item returned.

If you wish to return one or more products, return fees will apply depending on the value of the products returned:

Total value of returned products

Home collection

Collection from a relay point (if original delivery made with DPD)

0€ - 99€10€5€100€ - 199€29€10€200€ - 299€49€10€300€ - 599€79€x600€ - 899€99€x900€ and more129€x

Returned items must be in perfect condition for us to refund them. The item must be returned in its original packaging or in packaging suitable for transporting it to our warehouses undamaged. NV Gallery reserves the right to refuse to refund any item returned in a condition unfit for resale.

Refunds of the price of the Articles and delivery costs will be made using the same means of payment as that used to pay for your Order. Refunds may be made by bank transfer, subject to the Customer providing his/her bank details. Refunds following an Order cancellation (order not dispatched at the time of cancellation) are made within 10 days of validation of your cancellation. Refunds following a withdrawal are made on receipt of the returned item or on the date on which you provide proof of shipment of the item, whichever is the earlier.

NV Gallery reserves the right to postpone the refund until receipt of the Articles.

Trade-in offer for your old furniture :

We stock items in the following furniture categories:

- Sofas: 2-seater, 3-seater, corner, convertible, chaise longue, armchairs and benches.

- Tables: dining tables, coffee tables, desks and consoles (except occasional tables and bedside tables).

This service is available with "comfort" delivery. Simply check this option when choosing your delivery.

On the day of your delivery, our transport partner will collect your old furniture and deliver your new NV GALLERY piece at the same time.

11. Legal warranties

The Articles offered for sale by NV Gallery comply with the regulations in force and benefit from a legal guarantee of conformity, in accordance with the legislation in force, provided by articles L217-4 to L217-14 of the French Consumer Code, and a legal guarantee against hidden defects provided by articles 1641 to 1649 of the French and Belgian Civil Codes. These two legal warranties apply independently of any commercial warranty provided by the manufacturer of the Article. Any Article modified, repaired or combined by the Customer or a third party without the authorization of NV Gallery will be excluded from warranty. Also excluded are breakages or malfunctions caused by failure to observe the precautions for use of the Article.

For any claim under the legal warranty, the Customer must forward his request to NV Gallery's customer service department, which will confirm the possibility of returning the Article under the legal warranty.

After confirmation of the claim by NV Gallery's customer service department, we will arrange for the item to be returned to the place of delivery, at NV Gallery's expense. The returned item must be complete, in new condition, and in its original packaging - or equivalent packaging. In France, the legal guarantee of conformity gives you the right, in the event of a defect appearing within two years from the date of delivery, to choose between repair and replacement of the goods. NV Gallery may not proceed according to the Customer's choice if this choice entails a manifestly disproportionate cost compared to the other method, taking into account the value of the Article or the importance of the defect. In this case, NV Gallery will proceed according to the method not chosen by the Customer, in accordance with Article L.217-9 of the French Consumer Code. If repair and replacement of the Article are impossible, the Customer may return the good and have the price refunded or keep the Article and have part of the price of the Article refunded.

The legal warranty for hidden defects gives you the right, in the event of a defect appearing within two years of the date of discovery of the defect, to return the Article, at NV Gallery's expense, and obtain a refund, or to keep the Article and obtain a partial refund. Under the terms of this legal guarantee, you must prove that the Article had a hidden defect at the date of sale.

"Article L.217-4 of the French Consumer Code:

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.

Article L.217-5 of the French Consumer Code :

The property conforms to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L.217-12 of the French Consumer Code :

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 of the French Civil Code:

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 of the French Civil Code:

Any action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

12. Liability

Our products are designed for domestic use and we make no warranty as to their performance in a commercial environment. We shall not be liable to you if the non-performance or improper performance of the sales contract is due to the Customer or to the unforeseeable or insurmountable act of a third party to the contract or to a case of force majeure.

We are not responsible for any "screen/reality" color differences.

Finally, we would like to draw your attention to the fact that we cannot be held responsible for an order placed by a minor, whether or not the parents have authorized the order.

13. Promotion code

NV GALLERY offers promotional codes for some of its products, available at

https://www.nvgallery.com/fr-fr/codes-promo

These promo codes are subject to conditions of use. These conditions may be related to :

a selection of articles
a validity period
a minimum order amount.

By using a promotional code, the Customer agrees to respect the conditions described for the use of the code. Only one promotional code may be used for each Order: it is not possible to combine several promotional codes on the same Order.

The use of promo codes is not permitted within the framework of an Order including discounted items.

14. Retention of documents

For all Orders over 120 euros including VAT, we undertake to keep all documents relating to the transaction for a period of ten (10) consecutive years. We guarantee you access to these documents at any time, on request.

Personal data

NV GALLERY undertakes to comply with the applicable regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (known as "RGPD") and Law n°78/17 of January 6, 1978 relating to data processing, files and freedoms. NV GALLERY collects and processes the personal data of its Customers and/or its employees in order to manage the various stages of the order, answer questions and carry out satisfaction surveys following an order. For more detailed information on NV GALLERY's practices relating to personal data, the Customer is invited to consult the Personal Data Protection Policy, appended to these GTC and accessible on the Site under the heading "Data Management Policy".

16. Resolution

If you have a dispute with us regarding our contract with you, please contact us at hello@nvgallery.com and try to resolve the dispute with us.

a. Conventional mediator

Failing amicable settlement of the dispute between NV Gallery and the Customer, and in accordance with article L. 612-1 of the French Consumer Code, you may have free recourse to a conventional mediation procedure.

To this end, you can contact the Médiations Solutions mediation service to which we belong:

electronically: www.sasmediationsolution-conso.fr
or by post: Médiation Solution - 222, chemin de la bergerie 01800 SAINT JEAN DE NIOST

b. EU Online Settlement Platform

You can also contact the EU's online dispute resolution platform, where EU consumers can report disputes arising from online purchases, at the following address: //ec.europa.eu/odr. You also have the option of resolving the dispute by taking legal action.

17. Applicable law and jurisdiction

Depending on your country of residence, the GTCS are governed by French or Belgian law. Consequently, a contract for the purchase of an Item on the Site and any dispute or action arising out of or in connection with it shall be governed by either French or Belgian law.

Depending on the country in which you are domiciled (France or Belgium), the French or Belgian courts will have jurisdiction over any proceedings relating to this contract.

These terms and conditions were updated on May 12, 2021

18. Environment - 1 for 1 takeover

Furnishings must not be disposed of in the garbage can or in the municipal waste sorting bins.

In order to improve the collection of these items and reduce waste, NV Gallery makes available to the Customer, for all purchases of its products subject to eco-furniture participation on its Site, and delivered via the "comfort" delivery option, a free collection system for old products within the limit of the quantity and type of product purchased (e.g.: 1 sofa sold = 1 sofa taken back; 1 table sold = 1 table taken back; etc.).

Used products are taken back at the delivery point indicated in the Order, when the new item of furniture is delivered. To do this, the Customer must make a request at the time of ordering, when selecting the delivery method.

These terms and conditions were updated on February 18, 2021

III. CONDITIONS OF USE OF THE SITE

General

The present General Terms and Conditions of Use (hereinafter "GTCU") govern the use of the website www.nvgallery.com (hereinafter referred to as the "Site") for any Internet user, natural person of any kind whatsoever, aged at least sixteen (16) years (hereinafter referred to as the "User"). Use of the Site www.nvgallery.com implies full acceptance of these GTU and that you agree to abide by them.

These GCU apply to all services offered on the site www.nvgallery.com (hereinafter referred to as the "Services") and are intended in particular to define the conditions under which the User may :

accessing and browsing the Site;
use the Services ;
publish notes and comments, provided they relate to an Order ("Customer Reviews")

By browsing the Site, the User acknowledges having read and fully and unreservedly accepted the GCU. NV GALLERY reserves the right to modify the GCU at any time. They will then be applicable as soon as they are put online.

Site access

The Site is open to all Internet users meeting the conditions set out in Article 1, provided they have an Internet connection and suitable computer or smartphone equipment to access the Site.

However, the creation of a customer account (hereinafter the "Customer Account") is required if the User wishes to place an order on the Site. Where applicable, NV GALLERY invites the User to refer to the Site's General Terms and Conditions of Sale, as well as to the terms of use described below.

Customer account and password
Confidentiality of login data

By creating a Customer Account on the Site, the User undertakes to provide accurate, complete and up-to-date information.

In addition, Users must treat their login details as strictly confidential information and must not pass them on to third parties.

NV GALLERY shall not be held liable for any infringement of the Customer Account by a third party due to the User's transmission of his/her identification information to a third party or due to the User's negligence in this regard.

Loss, theft or fraudulent use of login details

In the event of loss, theft, fraudulent use or suspicion of loss, theft or fraudulent use of his login details, the User must, imperatively and without delay, change his password online or inform NV GALLERY without delay at info@nvgallery.com. The password will then be deactivated. A link to reset the password may then be sent to the User.

[Add if applicable] For security reasons, after three (3) unsuccessful attempts to enter the login details, access to the Customer Account will be temporarily blocked. The User must then either request a new password online via the "forgotten password" function, or contact NV GALLERY.

Description of online services

The Site allows the User to access the following Services:

Consultation of the catalog of items offered for sale via information sheets available on the Site;
Ordering items ;
The use of a Customer Account allows you to :
View and update your contact details and means of payment ;
Track orders in progress ;
View the history of recent orders ;
Returning an item for a refund ;
Subscribe to the NV GALLERY newsletter;
Interaction with a virtual assistant (Chatbot) NV GALLERY ;

The list of Services described above is not exhaustive, and they may be modified, improved or enriched, without this generating a modification and a new acceptance of the GCU.

Proper use of the Services

The User is solely responsible for the use of the Services and his actions on the Site.

He/she undertakes to use the Site in a loyal manner, in compliance with these general terms and conditions and by acting in a manner compatible with the Site and in compliance with current legislation and regulations, public order, good morals and the rights of third parties.

The User shall refrain from any illegal behaviour or behaviour constituting fraud towards NV GALLERY, other Users or third parties.

In particular, when using NV GALLERY's virtual assistance (Chatbot) or any other functionality made available on the Site and allowing the User to interact with NV GALLERY or with other Users and/or to publish content on the Site, in particular Customer Reviews, the User is requested to behave appropriately and to respect NV GALLERY, its staff and other Users.

Thus, the content published by the User, in particular the Customer Reviews, must not be contrary to the legal and/or regulatory provisions in force, as well as to the stipulations herein and, in particular, must not :

Contain elements unrelated to the purpose of the Site or NV GALLERY Services;
Contain illicit, defamatory, injurious, obscene, offensive or prejudicial elements to the image or reputation of a brand or any individual or legal entity, in any manner whatsoever;
Promoting violence or discrimination;
Infringe the intellectual property rights of another person or entity;
Violate any legal obligation to a third party (for example, an obligation of confidentiality);
Promote illegal activities or invade the privacy of others;
Be used to impersonate another person.

In addition, the User is prohibited from fraudulently accessing or remaining in all or part of a reserved or unauthorized area of the Site, and from using an access method other than the Customer Account provided by NV GALLERY.

In its capacity as host of the content published by the User, in particular the Customer Reviews, distributed under the exclusive responsibility of the Users, NV GALLERY cannot materially organize a general surveillance of the Consumer Reviews and cannot determine the lawfulness or otherwise of their content.

In general, the User undertakes to notify NV GALLERY of any non-conforming use or any failure of the Services or the Site, in particular the Customer Reviews, that he/she has observed by e-mail to the following address: info@nvgallery.com.

Liability
Quality of Site Services and Content

NV GALLERY strives to provide a quality Site and to enable Users to use the Services in the best possible conditions. However, NV GALLERY cannot be held responsible for the proper functioning of the User's computer equipment or Internet access.

NV GALLERY publishes content and information on its Site that it regularly checks and updates. However, NV GALLERY cannot be held responsible for any direct or indirect prejudice resulting from information published on its Site but misused. Nor can NV GALLERY be held responsible for any content posted on its site by third parties.

The User is informed and accepts unreservedly that NV GALLERY may at any time and without notice delete, add or modify all or part of the functionalities and/or characteristics of the Site.

In addition, NV GALLERY offers links to external sites or the integration of partner content on its website for information purposes. NV GALLERY cannot be held responsible for any damage that may be caused by content or services offered on these external sites.

Site maintenance and updating

NV GALLERY reserves the right, without prior notice or compensation, to temporarily close the Site or access to the Services, in particular to carry out updates, maintenance operations, modifications or changes to operating methods and functionalities, without this list being limitative.

NV GALLERY is not liable for damages of any kind that may result from these changes and/or from the temporary unavailability of the Site or the Services associated with it.

SITE SECURITY

NV GALLERY makes its best efforts, in accordance with the rules of the art, to secure the Site with regard to the risk incurred and the nature of the information processed.

However, NV GALLERY cannot be held responsible for:

disruption to or inability to use the Site;
temporary or total unavailability of all or part of access to the Site, to the User's Customer Account or to published documents and content;
any difficulty related to response time or any defect in the Site's performance;
malfunctions of the Services and the Site in general;
interruption of the Services for any reason whatsoever;
a lack of continuity in the Services offered.

Personal data

The personal data collected on the Site is processed electronically. The User is invited to refer to the Site's Privacy Policy for full information on this point.

Intellectual property

NV GALLERY holds the intellectual property rights to the content of the site. www.nvgallery.comsubject to the rights of third parties or content posted by third parties.

The present GTU do not imply any transfer of intellectual property rights of any kind on the elements belonging to NV GALLERY or to third parties for the benefit of the User.

The content of the Site, the general structure as well as the brands, drawings, models, images, animated or not, texts, photographs, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design, NV GALLERY's know-how and all other elements composing the Site or any other information, without this list being exhaustive, are the exclusive property of NV GALLERY or of third parties who have granted it a license, and are protected by intellectual property rights which are or will be recognized according to the laws in force.

Any reproduction and/or representation, total or partial, of one of these elements, without the express authorization of NV GALLERY, is prohibited and would constitute an infringement punishable by the provisions of the Code of intellectual property. Consequently, the User shall refrain from any action likely to infringe directly or indirectly the intellectual property rights of NV GALLERY.

However, the downloading or reproduction of any part of the site for private or personal use remains authorized. NV Gallery cannot be held responsible for any damage, direct or indirect, resulting from the prohibited use of information or elements displayed on the website. www.nvgallery.com.

Links to the Site's home page may be created on a website, provided that they comply with current legislation and do not in any way damage the reputation of the Site. www.nvgallery.com. These links must be created in such a way as not to indicate or even suggest any form of association with NV GALLERY without prior authorization on its part.

Modifications to the GCU

NV Gallery reserves the right to modify the TOU at any time, for any reason, including, but not limited to: (a) a change in the way our organization operates, or (b) a change in the legal or regulatory requirements with which we must comply. They will then be applicable to any new browsing on the Site or use of the Services from the time they are posted on the Site.

The date of the last modification of the T&Cs appears at the top of this page.

Applicable law

These GCU are governed by French law.

IV. GENERAL SALES CONDITIONS FOR PROFESSIONALS

1. Preamble

NV GALLERY is a société par actions simplifiée (simplified joint-stock company) with capital of 23,414.80 euros, headquartered in PARIS (75002), 3 rue d'Argout, and registered with the Paris Trade and Companies Register under number 818 045 585.

2. Definitions

Website: https://www.nvgallery.com/

Customer: designates the co-contractor of NV GALLERY, who guarantees to have the quality of a professional as defined by French law and jurisprudence. In this respect, it is expressly stipulated that the Customer is acting in the context of his usual professional or commercial activity. In particular, the following are considered to be Professionals: natural or legal persons, private or public, who act for purposes falling within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when they act in the name of or on behalf of another professional (such as, but not limited to, public institutions and communities, persons exercising a liberal professional activity, merchants and craftsmen, associations and works councils).

Account: refers to the interface in which all the data supplied by the Customer is grouped together. This data includes information relating to the Customer, such as e-mail address, personal details, etc. An Account cannot be transferred to a third party.

Identifier: refers to the e-mail address and password chosen by the Customer when registering, which must be entered in order to connect to the Account. The Customer is reminded of the importance of choosing complex passwords.

Delivery: refers to the transfer of physical possession of the Products ordered by the Customer to the delivery address indicated when the order was placed.

Products: shall designate all Products offered for sale by on the Site.

Territory: mainland France, Corsica and the Principality of Monaco.

3. Object

The present General Terms and Conditions of Sale (hereinafter referred to as "GTCS") govern all sales made by NV GALLERY to professional Customers and for the Products offered on the Site on the day the order is placed.

The Customer acknowledges and accepts that these GCS govern any order for one or more Products placed by the Customer on the Site. Any order placed on the Site implies unreserved acceptance of these GTC and waiver of any general conditions of purchase of the Customer, which the Customer expressly accepts. No deviation from the present provisions will be accepted unless it has been expressly accepted by NV GALLERY in the form of a signed amendment.

Unless otherwise agreed in writing by both Parties, the General Terms and Conditions applicable to the sale of Products between NV GALLERY and the Customer are those appearing on the site on the date the order is placed by the Customer (whether this order concerns one or several Products).

NV GALLERY sells its products exclusively via the Site. NV GALLERY does not have a store outside its Site.

To this end, the Customer undertakes to read these General Terms and Conditions carefully.

4. Site registration

All orders for Products placed on the Site are subject to the creation of an account by the Customer. The customer must provide all the information required to process orders (invoicing, delivery), in particular :

Company name and SIRET number
First and last name
Your postal address, billing address and e-mail address
Its VAT number
And all other documents required to process orders;

The Customer undertakes to update this information as soon as any change occurs in the information transmitted, in particular his contact details.

The Customer must choose Identifiers that can be used for future orders on the Site. The Customer undertakes to keep his Identifiers secret and not to divulge them to any third party. The Customer is solely responsible for accessing the Site using his/her Identifiers, unless he/she can prove fraudulent use for which he/she is not responsible. The Customer is reminded of the need to choose a complex password.

5. Modifications

NV Gallery reserves the right to modify the T&Cs at any time, for various reasons, in particular in the event of :

(a) modification of the way the NV GALLERY organization operates;

(b) changes in legal or regulatory requirements with which NV GALLERY must comply; or

They will then be applicable to all orders placed from the time they are placed online.

The date of the last modification of our conditions appears at the top of this page.

6. Products

The Products offered for sale by NV GALLERY are presented as accurately as possible. NV Gallery presents the Products offered for sale by means of information sheets available on the Site, which include photographs and descriptions of the Products. These information sheets indicate as clearly as possible the main characteristics of the Products, as well as the information required under applicable law.

Consequently, the Customer undertakes to read the characteristics of the Products carefully before placing any order on the Site. The choice thus made by the Customer is made under his sole and entire responsibility and according to his own needs. NV GALLERY cannot be held liable in this respect.

Slight differences between the Products delivered and those shown on the Site may exist. These differences, insofar as they do not concern the essential characteristics of the Products and do not affect their quality, shall not justify cancellation of the order or refusal of delivery. As a perfect representation of the Products on the Site cannot be guaranteed, in particular due to differences in color rendering by Internet browsers and/or display monitors, NV GALLERY cannot be held responsible for the inaccuracy of the photographs appearing on the Site. The photographs are presented for information purposes only and do not constitute a contractual document.

Products are designed to comply with French and European standards. However, they may not meet the specific requirements of regulations applicable to Etablissements Recevant du Public (hereinafter referred to as "ERP"), and in particular fire-retardant standards. Consequently, the Customer placing an order for use in an ERP must ensure in advance that the Products are suitable for such use. NV GALLERY shall not be held liable in the event of non-compliance with these requirements.

In addition, some of our Products are not suitable for intensive use and are therefore not recommended to Customers. Prior to placing any order, Customers must ensure that the Products selected are suitable for their intended use.

NV Gallery is committed to a policy of continuous development of the Products in order to offer the best ratio of quality, design and price. NV Gallery reserves the right to modify the prices, packaging and specifications of the Products offered on the Site at any time and without prior notice. The prices indicated at the time of ordering the Products are valid subject to possible errors in the price. In the event of errors in the price displayed, NV Gallery reserves the right to cancel the Order. Payments already made will be refunded immediately. NV Gallery reserves the right to modify the Products offered on the Site, in particular according to the constraints of its suppliers.

7. Awards

The prices of the Products offered for sale on the Site are those displayed on the Site at the time of validation of the Order by the Customer on the Site.

Product prices are displayed in euros, all taxes included.

Preparation costs, customs clearance costs, storage costs, delivery costs, assembly costs and other costs incidental to delivery are not included in the prices shown, unless otherwise stated. Prices are subject to change at any time by NV GALLERY.

Product prices are ex-works in France and Ex-Works abroad.

By placing an Order on the Site, the Customer expressly mandates NV GALLERY to carry out or have carried out, in the name of the Customer and on its behalf, any customs clearance operations induced by the Order and all related formalities with customs authorities, including the payment of duties and taxes and, where applicable, any requests for reimbursement of duties and taxes (in particular, for returned Products). This mandate given by the Customer implies that NV Gallery carries out or has carried out customs clearance operations in accordance with the rules of the trade and with selected service providers, the Customer remaining the actual importer and recipient of the Products ordered within the meaning of customs regulations.

Pursuant to article L. 541-10- 6 of the French Environment Code, an eco-contribution is added to the price of furniture products. This eco-contribution, which varies according to the type of furnishing product, cannot be reduced. This eco-contribution is payable by the Customer even for the replacement of furniture products (even in the case of After-Sales Service). This eco-contribution will be paid in full to the eco-organization in charge of the waste furniture sector, to which NV GALLERY adheres as the first furniture product marketer. As a member of ECO-MOBILIER, NV GALLERY is not obliged to take back used furniture. However, for the removal and treatment of used furniture, you can contact the ECO-MOBILIER eco-organization.

8. Control

The Customer may order Products by following the procedure below:

Ordering stage

Orders are placed and received solely via the Internet on the Site and processed by NV Gallery.

The detailed contents of the Order and its total amount are displayed in the virtual basket (hereinafter the "Basket") before the Order is validated, so that the Customer can check the details of the Order he is about to validate.

The Order procedure allows the Customer to correct, modify and check the Products added to his/her Shopping Cart before the Order is validated. It is therefore the Customer's responsibility to take the time to review and check the Order at each stage of the process.

Confirmation of the Order by the Customer implies unreserved acceptance of the GCS and triggers the formation of the contract, making the Order firm and definitive. Consequently, the Customer acknowledges and accepts that by placing an Order on the Site, he/she undertakes, in particular, to pay for the Products ordered if we accept the Order and to respect the application of the GCS.

Order confirmation by NV Gallery.

The order and its payment are confirmed by sending an email to the Customer. This e-mail will be sent by NV Gallery as soon as possible after the Order has been placed by the Customer.

Any Product not included in the confirmation email sent by NV Gallery following validation of the Order does not form part of the contract. NV Gallery reserves the right to refuse any Order for legitimate reasons. NV Gallery also reserves the right to request any additional documentation we deem necessary in connection with your Order.

The Order will only be final once NV Gallery has sent confirmation of the Order, and the sale of the Products will only be confirmed once NV Gallery has received the corresponding payment in full from the Customer.

Invoicing and payment terms

Products are payable in euros. Products are payable in cash when the order is placed on the Site. At no time may the sums paid be considered as deposits or advance payments. No order for Products will be delivered to the Customer until full payment of the price of the Products has been received by NV Gallery in the form of an acknowledgement of receipt of payment for the Products.

Payment for an Order may be made by bank or credit card (Visa, Mastercard, American Express) or by Paypal or bank transfer. Payment by bank transfer is accepted by NV Gallery, on a case-by-case basis, at the customer's request. In the event of a bank transfer, the Customer must send proof of the transfer so that the Order can be confirmed by NV GALLERY.

NV Gallery reserves the right to exclude certain methods of payment for certain Products. In this case, the Customer must use the other payment methods offered. Upon payment of the Order, the Customer certifies that he/she is the holder of the credit card used and that he/she has sufficient funds to pay for the Order. NV Gallery reserves the right to refuse a transaction for any reason and to suspend access to its payment service to any person at any time if deemed necessary by NV Gallery.

Credit card payments on our website are secured in accordance with French and international interbank regulations. This solution enables the Customer to make purchases in complete security. The bank details of customers paying by credit card are not kept by NV GALLERY.

Payment in 3 or 4 instalments free of charge

Payment by instalments/deferred payment is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.

Purchase amount

P3X / P4X: Only purchases between €300 and €4,000 are eligible for payment with Alma.

Fees

By paying in instalments with Alma, the Customer does not pay any fees.

Cancellation

Any termination of the General Terms and Conditions between the Seller and the customer shall result in the termination of the General Terms and Conditions between Alma and the customer.

9. Delivery / Acceptance

9.1. Our Products are delivered in France (including Corsica) and the Principality of Monaco. Products are delivered to the address indicated by the Customer when placing the Order. The delivery address indicated by the Customer may be different from the billing address of the Order.

9.2. Delivery charges are applied when an Order is placed. These charges are invoiced per Product. The calculation of delivery costs varies according to the number of products ordered. Depending on these characteristics, and in order to best meet the Customer's wishes, NV Gallery may use different transport companies.

For larger parcels, NV GALLERY may offer a comfort option: this includes delivery of the item to the room requested by the Customer (delivery stops at delivery of the Product concerned to the requested room, and does not include, but is not limited to, unpacking, return of cartons, assembly, return of the old product).

Prices do not include delivery charges or any additional charges. Delivery costs and additional charges are indicated on the information sheet for the Product concerned, independently of the price of the Product, and depend on the size and weight of the Product ordered and the delivery method requested and indicated by the Customer when validating his/her Order. They are also displayed on the summary page proposed before the final validation of the Order by the Customer. They will also be displayed when the Order is confirmed. The Customer may choose between different delivery methods, and delivery charges will be calculated accordingly.

9.3. Before confirming the Order, the Customer is responsible for ensuring that he/she has the capacity to receive the Products ordered according to the terms indicated: in particular, its availability at the time of delivery and the possibility of access by the carrier to the place of delivery, for verifying that the Products will fit easily into the room of his/her choice (depending on the delivery method possible and chosen), that they are suitable for this room and that they can pass through the door(s) of the room and that no other problem is likely to complicate the delivery or make it impossible. NV Gallery will not be held responsible for any delay in delivery due to an error or lack of precision on the part of the Customer (delivery address, telephone number, absence etc...). Any additional costs that may arise as a result of delivery delays or impossibility of delivery, or the need to modify the delivery initially planned, will be charged to the Customer (e.g. storage costs, warehousing costs, freight elevator, and cancellation of the order by NV GALLERY in particular).

On option validated by NV GALLERY at its discretion and in writing, if the Customer chooses floor delivery, the latter must ensure that the place of delivery is accessible by elevator, freight elevator or by a stairwell adapted to the delivery of bulky items. Upstairs deliveries are possible up to the 4th floor. For deliveries to higher floors, additional charges will be applied or, failing this, the goods will be delivered to the foot of the building, at NV GALLERY's discretion. This point will be checked by the carrier when the appointment is made. Delivery may be made under the conditions announced at the time of the Order, insofar as the accessibility of the delivery location permits. Failing this, delivery will be made to the bottom of the building.

9.4 The Customer shall keep the contact details provided up to date so that NV Gallery, or the carrier appointed by NV Gallery, can contact the Customer if necessary regarding the Order or delivery of the Products.

9.5. Products are transported at NV Gallery's risk until delivery. From the time of delivery, the risks of loss or damage are borne by the Customer. At the time of delivery and before signing the delivery note, the Customer is required to check the apparent condition of the Products (any damage, missing items, defects or other apparent faults or non-conformity of the Products delivered) and must notify any reservations to the carrier responsible for delivery of the Products in compliance with the provisions of article 133-3 of the French Commercial Code. In particular, the Customer must check the condition of the packaging, the number of packages and the quantities, references, condition and characteristics of the Products.

Complaints concerning delivered Products must be notified in parallel to NV GALLERY by registered letter with acknowledgement of receipt no later than three (3) days after the delivery date. Once this period has expired, the Products will be considered as accepted without reservation by the Customer.

The Client must justify the reality of the defects observed. He must allow NV GALLERY every facility to proceed with the observation of these defects and to remedy them. It shall refrain from intervening itself or having third parties intervene. No return can be made without the prior authorization of NV GALLERY.

The Product will be returned at the Customer's expense and risk. The return of all or part of the Product does not relieve the Customer of his obligations to pay for the Articles. Returned Products will be, at NV GALLERY's discretion, either replaced, repaired in its workshops or reimbursed.

Under penalty of inadmissibility of his request, the Customer must :

In the event of damage or missing packages, precise and reasoned reservations must be made on the delivery note. General reservations such as "subject to unpacking" are insufficient;
Confirm his reservations, within the aforementioned period, for all missing or damaged packages and formulate his other reservations to NV GALLERY's Customer Service (e-mail address: pro@nvgallery.com) for all orders placed with the aforementioned service;
Check the package(s) in the presence of the carrier in the event of damage and verify its contents.

9.6. Product delivery times are indicated on the Site and on your Order confirmation. Delivery times are given for information purposes only and are not guaranteed; they are indicated at the time your Order is validated. NV Gallery can offer delivery by appointment, which will be arranged by the carrier. Delivery times are subject to change. In the event of a change in delivery times, NV GALLERY will do its utmost to inform you of the change as soon as possible. Consequently, any delay in the delivery of Products shall not entitle the Customer to :

Awarding damages;
Order cancellation.

Furthermore, NV GALLERY cannot be held responsible for delays in delivery when the delay is due to force majeure, to the fault of a third party or of the Customer.

9.7. The Customer is regularly informed of the status of his/her Order. NV Gallery also provides the Customer with an Order tracking tool on its online customer account: this tool is updated as often as possible using the information available. The estimated delivery times communicated by NV Gallery upon validation of the Order may be modified at any time by NV Gallery. In the event of a change in the delivery time for a Product, NV Gallery will inform the Customer of the changed delivery time within a reasonable period of time. In the event that NV Gallery's suppliers are unable to manufacture an ordered Product for any reason whatsoever (non-compliance with quality requirements, failure to reach a minimum order threshold, unavailability of means of production, etc.), NV Gallery will inform the Customer within a reasonable period of time and will proceed with the refund of the Article, including delivery costs.

In the event that an Order placed encounters a significant delay or cannot be processed by the manufacturer NV Gallery has selected for any reason, we will inform you as soon as possible.

If the manufacturer/supplier informs us that it is impossible for them to manufacture the products in an Order or that they would not meet our level of quality and requirements, we will remove the Product from the Site as soon as possible.

In the event that you have ordered this Product, we will inform you immediately, your order will be cancelled and we will proceed with a full refund including delivery costs.

10. Availability

All Product Orders are subject to the availability of the Products ordered and the materials from which they are manufactured. If, for any reason whatsoever, the Products ordered by the Customer are not available or their delivery is delayed, NV Gallery will inform the Customer as soon as possible after receipt of the Order.

If NV Gallery is unable to supply a Product, for example because it is no longer in stock with the manufacturer/supplier or because of a pricing error, NV Gallery will inform the Customer by e-mail and will not confirm the Order. If the Customer has already paid for the Product, NV Gallery will refund the full price as soon as possible.

11. Product images and dimensions

The images of the Products presented on the Site are given for information purposes only.

Although NV Gallery makes every effort to display colors accurately, it cannot be guaranteed that your computer will display colors accurately or render the color of the Products satisfactorily. The Products delivered to the Customer may differ slightly from those shown in the images.

Although NV Gallery makes every effort to be as accurate as possible, the dimensions shown on the Site, including weights, dimensions and capacities, are approximate only.

12. Risk and Ownership

NV GALLERY transfers ownership of the Products to the Customer upon delivery of the order, subject to full payment of the latter (principal and accessory prices) by the Customer.

13. Liability

NV GALLERY's liabilitý for delivered Products, including under applicable contractual and/or legal warranties, is limited to the price of defective or non-compliant Products. NV GALLERY may not be held liable for compensation of indirect, consequential or immaterial damages suffered by the Customer or a third party.

Moreover, NV GALLERY will not be held responsible for any "screen/reality" color difference, nor in the event of force majeure.

14. Force majeure

The performance of NV GALLERY's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance in application of article 1218 of the French Civil Code and current case law. NV GALLERY will notify the Customer of the occurrence of such an event as soon as possible.

15. Contract nullity and amendment

Should any of the stipulations of the present contract be null and void, this will not invalidate the other stipulations, which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties.16. Warranties

a. Hidden defects

The warranty for hidden defects is not applicable to orders placed under the present General Terms and Conditions of Sale.

b. Compliance

The Products are guaranteed for a period of two (2) years from delivery against all manufacturing, design or material defects. During the warranty period, NV GALLERY undertakes to propose, at its discretion, a replacement or return solution for Products recognized as defective by its services. Exchanged Products benefit from the warranty for the remaining period. The burden of proof lies with the Customer.

Warranty exclusions :

Damage to the Product resulting from normal wear and tear, given its nature, function, composition and price.
Slight differences in the Products compared to the photographs on the Site
Any defects in the Product that may result from improper installation, storage, preservation or assembly (failure to comply with assembly instructions), improper maintenance, misuse or use that does not comply with technical or user specifications (failure to comply with maintenance and servicing instructions), modifications or repairs carried out by the Customer or a third party, damage caused by external objects (e.g. a television set weighing too much on a piece of furniture not designed for this purpose), external events such as accidents, shocks, fire, acts of vandalism, water damage, natural or artificial light (in the event of discoloration), natural disasters or bad weather, and any force majeure;
Products not recommended for professional use.

c. Implementation of the warranty

To invoke the warranty, the Customer must contact NV GALLERY's Customer Service Department (e-mail: pro@nvgallery.com).

The Customer shall provide all information necessary to demonstrate the defectiveness of the Product, in particular photographs of the defective items, specifying the conditions of use of said Products. The presentation of the original invoice will be required to benefit from the warranty.

d.Warranty of eviction

The warranty of eviction is not applicable to orders placed subject to these terms and conditions.

17. Personal data

18. Intellectual property

The elements published on the Site, including in particular logos, registered trademarks, texts, photographs, images, drawings, models and more generally any other information subject to intellectual property rights in connection with the Products, are and remain the exclusive property of NV Gallery. No transfer of intellectual property rights is made through these GTC.

The Customer may not mention or use the logos, registered trademarks, texts, photographs, images, drawings, models and more generally any other information subject to intellectual property rights in connection with the Products without the express, written and prior authorization of NV Gallery. Consequently, the reproduction or representation, in whole or in part, of any of NV Gallery's intellectual property rights is prohibited.

NV Gallery reserves the right to oppose, stop and seek compensation for any use of its intellectual property rights that it considers to be counterfeit, unfair, constitutive of acts of parasitism or contrary to its image or to rights it has granted.

19. Miscellaneous

19.1. Proof

By express agreement between NV GALLERY and the Customer, e-mails will be deemed authentic between the Parties, as will the automatic recording systems used on the Site, particularly with regard to the nature and date of the order.

The Customer may access the electronic contract concluded with NV GALLERY in accordance with the rules of common law. To do so, he/she should contact the Professional Service or Customer Service by e-mail (pro@nvgallery.com), to whom he/she should provide all necessary information, in particular the order number and contact details.

19.2 Partial invalidity

If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

19.3. No waiver

The fact that one of the Parties has not required the application of any clause of these GTC, whether permanently or temporarily, shall in no way be considered as a waiver of that Party's rights arising from the said clause.

19.4 Entire contract

These GCS and the order summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Parties.

19.5. Jurisdiction and applicable law

The Contract is governed by French law to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods signed in Vienna in 1980 is excluded.

Any dispute relating to the formation, interpretation, performance or non-performance or termination of a sale concluded in application of these GTCS is subject to the exclusive jurisdiction of the Commercial Court of Paris, even in the event of summary proceedings, third-party proceedings or multiple defendants.

20. Second Life

These general terms and conditions of sale govern relations for the purchase of "Second Life" products. By placing an order on the site, the customer acknowledges having read and accepted these terms and conditions without reservation.

1. Nature of "Second Life" products - The products sold on our site in the "Second Life" category are items from customer returns, end-of-series items or products with slight defects. These defects may include imperfections that do not affect the use of the product. The customer therefore acknowledges that "Second Life" products may have such characteristics, and agrees to purchase them with full knowledge of the facts.

2. Returns for retraction - In the event of retraction by the customer, the latter has a legal period of 14 days from receipt of the order to inform us of his decision. The customer must return the products in their original packaging or equivalent. Reimbursement will be made within 14 working days of receipt of the returned products, minus the return costs (link to return costs).

3. No exchange will be offered, as "Second Life" products are unique references.

4. Liability - The Vendor undertakes to supply products in conformity with the description provided on the site. However, it cannot be held responsible for minor differences between the product received and its description.

5. Order cancellation - To cancel an order, the customer must contact our customer service department by any available means (call, email, chat). If cancellation is requested before the order has been dispatched, a full refund will be made. However, if cancellation is requested after shipment, return shipping charges will apply.

6. Modification of GCS - The Vendor reserves the right to modify these GCS at any time. The applicable GTCS are those in force at the time the order is placed.