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Terms and Conditions

    General Terms and Conditions

    I. Legal 

    II. Terms and conditions of sale

    III. Terms and conditions of use

    Updated legal notice, terms and conditions of sale and terms and conditions of use dated 29 December 2017

    I.         Legal notice

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

    NV Gallery is a simplified limited company (sociéte par actions simplifiée) with share capital of €15,000, listed on the Paris Trades and Companies Register under the number 818 045 585.

    Its registered office is located at 18 Rue Tilsitt, 75017 Paris, France.

    Intra-community VAT number: FR04818045585.

    Contact details: hello@nvgallery.com – +33 (0)1 82 83 18 45

    Publication manager: Ms. Natalie Hanczewski.

    The www.nvgallery.com website is hosted by OVH, 2 Rue Kellerman, 59100 Roubaix, France.

    Host telephone number: +33 (0)9 72 10 10 07

    These terms and conditions of sale and terms and conditions of use govern all use of, and services offered through, the website.

    II.         Terms and conditions of sale

    These Terms and Conditions of Sale (hereinafter referred to as "T&CS") set out the terms under which NV Gallery supplies items ("Item(s)" listed on the www.nvgallery.com website (hereinafter referred to as the "Website") to customers (hereinafter referred to as the "Customer(s)"), referring to any natural person of adult age capable of entering into a contract and who uses the Website to place orders (hereinafter the "Order(s)") for the purchase of Items available on the Website, having agreed to the T&CS. These T&CS are agreed between NV Gallery and any natural person who uses the services available on the www.nvgallery.com website. Before placing an order on the nvgallery.com website, the customer must agree to the T&CS in their entirety. As such, when placing each order, the Customer affirms that he/she has the full legal capacity to agree to the T&CS and to enter into a contract in respect of items for sale on the www.nvgallery.com website.

    The Customer should read the T&CS carefully.

    1.      Updates

    NV Gallery reserves the right to update the T&CS at any time and for a variety of reasons, including: (a) changes to the operating procedures of our organisation; (b) changes to legal and regulatory requirements with which we must comply; or (c) changes to our accepted methods of payment.  These shall take effect as of their publication online. We recommend that you visit this page regularly to check if updates have been applied.

    The date of the latest update to our terms and conditions is indicated at the top of this page.

    By continuing to use the website after these updates, you indicate your acceptance of the new T&CS. However, all orders shall be subject to the terms published on the Website at the time of placing an Order.

    1.      Items

    NV Gallery displays Items for sale using information sheets available on the Website, which feature photographs and descriptions of Items. Information sheets indicate an Item's key characteristics as clearly as possible, as well as mandatory information under applicable law.

    In order to offer the best possible design and value for money, NV Gallery is committed to a policy of continuous product development. NV Gallery reserves the right to amend the price, packaging and specification of Items sold on the Website, at any time and without notice. The price of Items stated at the time of the Order are valid subject to any apparent pricing errors. In the event of an apparent error in the advertised price, NV Gallery reserves the right to cancel the Order. Payments already completed shall be refunded immediately. NV Gallery reserves the right to modify Items sold on the Website, in particular where subject to the constraints of its suppliers. Photographs are shown for indicative purposes only and are not contractual.

    1.      Prices

    Prices indicated for Items available on the Website apply to all purchases made on the Website.

    Prices are indicated in euro (€) and are inclusive of all taxes (where VAT is applicable).

    Prices do not include the cost of delivery or additional charges. Any additional charges are specified on the information sheet of the Item in question, separate from the price of the Item. These charges are also indicated on the summary page, prior to final confirmation of the Order by the Customer. They will also be indicated on the Order confirmation.

    NV Gallery reserves the right to amend its prices at any time, whilst guaranteeing the applicable price as that in effect on the date of the Order.

    By placing an Order on the Website, the Customer expressly instructs NV Gallery to carry out, or arrange to carry out, any customs clearance operations required under the terms of the Order as well as all related customs procedures, including payment of taxes and duties and, where applicable, any applications for the refund of taxes and duties (e.g. for return items). The instruction given by the Customer requires NV Gallery to carry out or arrange to carry out customs clearance operations in accordance with applicable law and regulations using selected service providers. The Customer shall in effect remain the importer and recipient of the Items ordered as defined under customs regulations.

    To assist you in your purchase, the Website indicates the price of equivalent items sold by other retailers. These prices are provided as a comparison for items that are directly comparable to those offered on our Website. The prices displayed for equivalent items are recorded market prices. However, these are estimates and are not contractually binding.

    1.      Orders

    The Customer may order Items by the following process:

    a.     Placement of the Order

    Orders are placed and received exclusively online via the www.nvgallery.com website and processed by NV Gallery.

    The detailed breakdown and total amount of the Order are displayed before confirming the Order in the virtual basket, so that the Customer can verify the order for purchase prior to confirmation.

    The Order process allows the Customer to correct, change and check for errors before sending the Order. The Customer is responsible for taking the time to reread and check the Order at each stage of the process and to correct any errors spotted. 

    By confirming the Order, the Customer agrees unreservedly to the T&CS and initiates formation of the contract. The Customer therefore acknowledges and agrees that by placing an Order on the Website, he/she agrees to pay for the Items ordered if we have accepted the Order and to the enforcement of the T&CS.

    b. Order confirmation by NV Gallery

    Order and payment confirmation is sent in an email to the Customer at the earliest opportunity by NV Gallery.

    Any item not listed in the confirmation email sent by NV Gallery following approval of the order shall not be included in the contract. NV Gallery reserves the right to reject any order on legitimate grounds. NV Gallery also reserves the right to request any additional supporting documentation that it deems necessary in order to proceed with your Order.

    Orders shall only be final from the moment that NV Gallery sends the Order confirmation and the sale of Items shall only be recorded once NV Gallery has received corresponding payment in full from the Customer. NV Gallery makes a record of purchase orders, invoices and the communications that take place and may produce these documents as proof of contract.

    c. Retention of documents

    For all orders with a value greater than or equal to €120 incl. tax, NV Gallery agrees to retain documents relating to the transaction for a period of 10 years. NV Gallery shall ensure that Customers can access these documents at any time.

     d. Amending an order

    Amendments to an order after it has been confirmed are subject to approval and must be made by contacting NV Gallery customer services.

    NV Gallery customer services can be contacted by email at: hello@nvgallery.com

    Should we approve your Order amendment request, customer services shall notify you of any additional fees and, where applicable, their amount, in relation to the requested amendments. If your order is already in the process of dispatch when you contact us, we will not be able to make the requested changes to your Order.

    e. Cancelling an order

    You may cancel all or part of your Order.

    To cancel an Order that is already confirmed, you must contact NV Gallery customer services. The conditions for cancelling your Order depend on its stage of progression.

    NV Gallery customer services shall enquire as to the status of your Order to check if it has been dispatched and if it is possible to stop dispatch. If this is possible, we will issue a refund for the value of your Order within 10 days (including cost of delivery).

    However, if your Order is already in the process of dispatch when you contact us, you will need to wait until your Order has been delivered before making a return request (in accordance with Article 10 (Returns/Cooling-off period) of the T&CS). An Order can then be cancelled within 14 calendar days (in accordance with Article L.121-18 of the French Consumer Code) of receipt of the Order by the Customer, by way of a return request for the Items in question and under the procedure set out in Article 10. We will issue a refund for the Item within 14 days of receiving and verifying the condition of the returned Item minus return fees applicable in Article 10(b). These fees are charged on a per-item basis.

    In the event of significant delays to a placed Order, or where an Order cannot be fulfilled by the manufacturer selected by NV Gallery for any reason whatsoever, we shall notify you as soon as possible.

    Should the manufacturer/supplier notify us that it cannot manufacture the products in an Order or that it would not meet our expected quality standard, we will withdraw the relevant product from our Website at the earliest opportunity.

    In the event that you ordered the Item, we will notify you immediately, your Order will be cancelled and we will provide a full refund including the cost of delivery.

    1.      Payment

    Payment for Orders can be made by bank or credit card, including Visa and Mastercard, or by PayPal.

    NV Gallery reserves the right to exclude some payment methods for certain items and to request one of the remaining payment methods. Payment must be made in full once the Order has been confirmed by the Customer. When paying for an Order, the Customer confirms that he/she is the holder of the bank card used for payment 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.

    Payment for an Order using the aforementioned payment method shall be made once we have approved the Order. We will send you another email as soon as the Order has dispatched.

    1.      Delivery / Receipt

    Our Items ship to Europe (English version) or to Germany (German version). Items are delivered to the address specified by the Customer when placing the Order. The delivery address specified by the Customer may be different from the Order billing address.

    The cost of delivery is applied when placing an Order. This cost depends on the size and weight of the Item ordered and the requested delivery method indicated by the Customer when confirming his/her Order. This charge is applied to products on a per-unit basis. Calculation of the cost of delivery varies by the number of items ordered. A maximum amount may be applied depending on the size of the Order. Depending on an order's characteristics, and in order to best meet the needs of the Customer, NV Gallery may engage the services of different transport companies. For the largest shipments, a convenience option is available, which involves delivery of the item into the room requested by the Customer. The delivery location must be accessible by delivery personnel. For example, delivery must not require the use of a goods lift by delivery personnel or take place on an upper floor without an elevator. Otherwise, the delivery shall be left in the ground floor of the building or an additional delivery charge may be applied.

    Before confirming an Order,  the Customer is responsible for ensuring that he/she is able to take delivery of the Items ordered according to the specified arrangements: in particular being available at the time of delivery where a specific time has been agreed and the ability of the carrier to access the delivery location, checking that Items can be easily placed into the room of his/her choice, that they are suitable for the room and can be moved through the door of the appartment or room, through stairwells and doors, and that no other issue could arise that would complicate or render impossible delivery of the Item(s). NV Gallery shall not be held responsible for any delay in delivery caused by erroneous or inaccurate information provided by the Customer (e.g. delivery address, telephone number, etc).  Any additional costs that may be incurred due to delays in delivery, or the need to make changes to the originally scheduled delivery, shall be charged to the Customer.

    The delivery location must be accessible by delivery personnel. For deliveries above the ground floor, the Customer must ensure that his/her residence is accessible by elevator, goods lift or stairwell suitable for the delivery of bulky goods. Delivery to upper floors is possible up to the sixth floor. For deliveries to higher floors, additional charges shall be applied or alternatively the goods shall be delivered to the ground floor of the building. The carrier shall verify these details when arranging a suitable time. Delivery may be made under the conditions set out at the time of placing the Order, access to the delivery location permitting. Otherwise, the goods shall be delivered to the ground floor of the building or an additional delivery charge shall be applied.

    The Customer must ensure that the contact details that he/she provides are up-to-date, such that NV Gallery or the carrier contracted by NV Gallery can contact the Customer if necessary regarding the Order or delivery of the Items. 

    At the time of delivery, the Customer must sign a delivery slip after checking the condition of the package received. If the Customer notices damage to the package at the time of delivery, NV Gallery recommends that the Customer reject the package and contact NV Gallery customer service at the earliest opportunity. Where there is an error in the delivery address, the Customer must contact NV Gallery customer services no later than the first working day after delivery.

    Time frames for the delivery of your Items are indicated on the Website and in your Order confirmation. ​Delivery time frames indicated at the time of confirmation of your Order, as well as times scheduled by the carrier for delivery of your packages, may be subject to change. Should there be a change to these time frames, NV Gallery shall endeavour to notify you of any such change as soon as possible.

    NV Gallery does its utmost to ensure customer satisfaction, particularly in terms of completing dispatch and delivery within our set time frames. However, NV Gallery shall not be held liable for delays caused by delivery companies that it uses or in the event of force majeure, unforeseeable circumstances or the actions of third parties.

    Where an Item is found to be defective, the Customer must contact NV Gallery customer services within three days of receiving the Item. NV Gallery reserves the right to request additional proof in order to identify the fault and to arrange collection of the Item. Returns of faulty Items shall not be charged. The Customer may request a replacement Item - with a new compliant Item dispatched free of charge - or a refund for the defective Item. Refunds shall be issued within 14 days of receipt of the returned Item at the NV Gallery warehouse.

    In view of our aim to offer you items at the right price, our delivery time frames vary from six to 13 weeks on average. For certain items eligible for express delivery, items are dispatched on average within three to five working days after the Order is confirmed, plus the delivery time frame set by our partner carrier firm. During the period between confirmation by NV Gallery and delivery of the Order, the Customer shall receive regular progress updates regarding the Order. NV Gallery also provides Customers with access to an Order tracking system, available on the online account. This system is updated as often as possible based on available information. Estimated time frames given by NV Gallery when an Order is confirmed may be amended at any time by NV Gallery. Should the time frame be amended for the delivery of an Item, NV Gallery shall promptly notify the Customer of the updated time frame. In the event that NV Gallery's suppliers are not able to produce an item ordered for any reason whatsoever (e.g. non-compliance with quality standards, failure to reach a minimum number of orders, lack of resources, etc.), NV Gallery shall promptly notify the Customer and initiate a refund for the Item, including the cost of delivery.

    1.      Availability

    All Orders are subject to the availability of Items ordered and the materials from which they are produced. If, for any reason whatsoever, Items that a Customer has ordered are not available or face delays in delivery, NV Gallery shall notify the Customer as early as possible after receiving the Order.

    3.2 Should NV Gallery not be able to supply an Item, for example because it is no longer in stock with a manufacturer/supplier or due to an error in pricing, NV Gallery shall notify the Customer by email and shall not proceed with the Order. If the Customer has already paid for the Item, NV Gallery shall issue a full refund at the earliest opportunity.

    1.      Images and dimensions of Items

    Images of Items shown on the Website are provided for indicative purposes only.

    Although NV Gallery does its utmost to ensure the accuracy of colours displayed, it cannot be guaranteed that your computer will display colours accurately or adequately represent the colour of Items. Items delivered to the Customer may differ slightly from those shown in images.

    Although NV Gallery makes every effort to be as precise as possible, sizes indicated on the Website, including weight, dimensions and capacity, are approximate only.

    1.      Risk and Ownership

    Ownership of Items transfers to the Customer once NV Gallery has received all amounts owed for the Items, including the cost of delivery.

    Items fall under the Customer's responsibility from the moment the Customer (or a third party other than the carrier and nominated by the Customer) takes physical possession of the Items.

        10.      Returns and refund policy

    a)     Terms of the cooling-off period

    In accordance with Article L.221-18 of the French Consumer Code, and Article VI.47 of the Belgian Code of Economic Law, you have 14 calendar days (including Sundays and public holidays) from the date on which you or any nominated third party received the item, to inform us of your wish to make a return and to arrange collection of the Item in question from the delivery location. In cases where a single Customer Order contains multiple Items or where an Item is delivered in multiple parts, batches or components, the time frame for cancellation expires 14 days from the date on which the Customer (or a third party other than the carrier and nominated by the Customer) takes physical possession of the last part, batch or component of the Item that made up the Order.

    To exercise the cooling-off period, you must notify us of your decision to cancel the contract, taking care to specify this clearly in your correspondence (by post, email or telephone). The simplest way of doing this is to contact Customer Services at hello@nvgallery.com. You may use the cancellation form template below:

     

    Cancellation form template

    To: NV Gallery

    Email address: hello@nvgallery.com

    I/we(*) hereby give notice of our intention to cancel the sale contract for the following products(*)/provision of the following service(*)

    Ordered/received(*) on

    Name of customer(s),

    Address of customer(s),

    Customer signature (for hard copy forms only)

    Date

    (*) Delete as appropriate

     

    To comply with the cooling-off period, you must send the message notifying of your intention to exercise the cooling-off period before the cancellation period expires.

    b)    Outcome of the cooling-off period/Refunds

    If you cancel the contract by exercising the cooling-off period within the statutory time frame, we will arrange for your Item to be collected from the corresponding delivery address. We will issue a refund for the Item within 14 days of receiving and verifying the condition of the returned Item, minus applicable return fees specified below. Fees are charged on a per-item basis.

    Applicable return fees are as follows:

    • Small packages (e.g. accessories, textiles): €5
    • Medium-sized packages (e.g. small tables, chairs, lighting): €7
    • Large packages (e.g. tables, armchairs, storage space): €15
    • Bulky packages (e.g. sofas): €15

    Returned Items must be in immaculate condition to be eligible for a refund. Items must be returned in their original packaging or in suitable packaging for onward transport to our warehouse without sustaining damage.  NV Gallery reserves the right to refuse a refund for a returned Item whose condition is deemed unsuitable for resale.

    In the event of loss or damage sustained during transport of the Item to our warehouse, NV Gallery shall not be held responsible and return fees shall not be refunded.

    We will refund all amounts paid to us, including the cost of delivery (on the understanding that we reserve the right not to refund additional fees due to the Customer's selection, a delivery option other than the cheapest available standard delivery, or any deductions permitted under Article 9.10).

    Refunds shall be issued using the same payment method as that used to pay for your Order. Amounts may be refunded by bank transfer, provided that the Customer has provided his/her bank account details. Refunds for an Order cancellation shall be issued within 10 days of approval of your cancellation. Refunds for a returned Item shall be issued within 14 days of receiving and verifying the condition of the returned item.

    NV Gallery reserves the right to postpone refunds until Items have been received.

    11.  Statutory guarantees

    Items available for sale by NV Gallery are compliant with applicable laws and regulations and are covered by a statutory guarantee regarding compliance and hidden defects, in accordance with applicable legislation, as stipulated in Articles L.217-4 to L.217-14 of the French Consumer Code, and the statutory guarantee regarding hidden defects as stipulated in Articles 1641 to 1649 of the French and Belgian Civil Codes.  Both statutory guarantees apply irrespective of any commercial warranty provided by the Item's manufacturer. All Items that have been modified, repaired or merged by the Customer or a third party without the authorisation of NV Gallery shall not be covered by the guarantee. Broken Items, or Items whose malfunction is caused by failure to follow the instructions for use, are also not covered.

    For all claims made under the statutory guarantees, the Customer must forward its request to NV Gallery customer services, who will confirm the Item's eligibility for return under the statutory guarantee. Following confirmation of the claim by NV Gallery customer services, the Customer must return the Item in full, in new condition and in its original or equivalent packaging.

    12. Liability

    Our Items are designed for household use and we provide no guarantee with respect to their performance in a commercial setting. We shall not be held liable in the event of loss of earnings, loss of business, disruption to business or lost commercial opportunities.

    Should we not meet our obligations under a contract agreed with you, we shall be liable for all damages and loss that you incur and which would constitute a foreseeable consequence of our own non-compliance with the T&CS or negligence, but we shall not be held liable for unforeseeable damages or loss. Damages or losses are foreseeable if they are a clear consequence of our non-compliance with the T&CS or if they are defined as such when entering into the contract.

    Within the limits permitted under law, the maximum value of the loss or damage for which we would be liable under this clause is limited to the price that you paid for the Item to which the incurred loss or damage pertains.

    We are not liable for any "on-screen/actual" colour differences.

    Furthermore, we shall not be deemed liable or in default for any delay or non-performance arising from an incidence of force majeure.

    ​Lastly, we may not be held liable for any order that is placed by a minor, regardless of whether parental permission had been granted to place the order.

    13. Promotional codes

    NV Gallery offers promotional (or promo) codes for some of its items, and are available at https://www.nvgallery.com/codes-promo-nvgallery.

    The use of these promo codes are subject to terms and conditions. These conditions may relate to:

    - selection of items;

    - validity periods;

    - minimum amounts.

    By using a promo code, the Customer agrees to comply with the conditions applicable to use of the code. Only one promo code may be used with each Order: it is not possible to accumulate multiple promo codes for the same order.

    The use of promo codes is not permitted for orders containing sale items.

    14. Retention of documents

    For all orders above €120 incl. tax, we commit to retaining documents pertaining to the transaction for a period of ten (10) consecutive years. We guarantee customers access to these documents at any time, on request.

    15. Dispute resolution

    Should a dispute arise in relation to the contract that you have agreed with us, please contact us at hello@nvgallery.com in the first instance, in order to try to resolve the dispute.

    a)     Mediation

    Should an amicable settlement to the dispute fail to be reached and in accordance with Article L. 612-1 of the French Consumer Code, you may initiate a process of mediation free of charge.

    As such, you may contact the Medicys mediation service with which we are registered:

    -       online: https://app.medicys.fr/?proId=f35f4ed0-4799-4d8f-a801-1725b56f7ebb,

    -       or by post: Medicys, 73 Boulevard de Clichy, 75009 Paris.

    b)    EU Online Dispute Resolution system

    You may also use the EU Online Dispute Resolution system, through which EU consumers can make a complaint arising from online purchases, at the following address: https://ec.europa.eu/odr. You also have the option of resolving the dispute by initiating legal proceedings.

    16. Applicable law and jurisdiction

    Depending on the country of your place of usual residence, these T&CS are subject to French or Belgian law. As a consequence, a contract for purchase of an Item on the Website and any dispute or action arising therefrom or relating thereto shall be subject to either French or Belgian law.

    Depending on your country of residence, the French or Belgian courts shall have non-exclusive jurisdiction over all proceedings relating to this contract.

    Last updated: 29 December 2017

    WEBSITE TERMS AND CONDITIONS OF USE:

    Use of the Website

    These Terms and Conditions of Use (hereinafter "T&CU") cover the use of the www.nvgallery.com website by all internet users. The use of the www.nvgallery.com website entails full and complete acceptance of these T&CU, with which you agree to comply. These T&CU apply to all services offered on the www.nvgallery.com website.

    Website access

    NV Gallery shares regularly verified and updated content and information on its website. Nevertheless, NV Gallery shall not be held liable for any direct or consequential harm arising from information carried on its website and any improper use thereof. NV Gallery shall not be held liable for any content shared on its website by third parties.

    For informational purposes, NV Gallery provides links to external websites and includes content from partners on its website. NV Gallery shall not be held liable for any damage that may result from content or services offered on these external websites.

    NV Gallery shall not be held liable for any direct or consequential damage resulting from access to its Website. NV Gallery reserves the right to suspend access to its website, the duration of which shall be at its discretion.

    Customer account and password

    When you create an account on the Website, you must treat your login details as confidential information. This information must not be shared with anyone.

    We have the right to block an account at any time, where we have reason to believe that you are in breach of a clause in the T&CU.

    If you know or suspect that someone other than you knows your login details, you must notify us of this immediately at hello@nvgallery.com.

    Intellectual property

    NV Gallery holds all intellectual property rights associated with the website content on www.nvgallery.com, without prejudice to the rights of, or content posted by, third parties.

    The download or reproduction of a section of the website is permitted, insofar as it is for private or personal use. Our website content may not be used by the website user or a third party for commercial purposes, without our prior authorisation. NV Gallery shall not be held liable for any damage, direct or consequential, arising from the prohibited use of information or elements displayed on the www.nvgallery.com website.

    You may post links on another website that direct to our website homepage, provided that they comply with applicable legislation and do not harm or undermine the reputation of the www.nvgallery.com website in any way.  These links must be created in such a way as not to indicate or suggest any form of association with NV Gallery without our prior authorisation.


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