LEGAL NOTICES AND GENERAL TERMS AND CONDITIONS OF SALE


NV GALLERY advises the Customer to download and print these General Terms and Conditions of Sale.

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


I. LEGAL NOTICE

The website www.nvgallery.com is edited by NV Gallery.

NV Gallery is a French simplified joint stock company with registered capital of 15.000€ registered in the Paris Trade and Companies Resgister under number 818 045 585.

To contact us : info@nvgallery.com – +33 1 86 47 27 84


Its headquarters is located 3-5 Argout rue d’Argout – 75002 Paris.

Intra-Community VAT Number : FR04818045585

N° ADEME : FR026988_10NRVW

Responsible of the publication : Mme Natalie Hanczewski

The website www.nvgallery.com is hosted by Amazon AWS, Francfort.


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

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") govern, without restriction or reserves, the sales of items ("Item(s)") listed on the website www.nvgallery.com (hereinafter referred to as the "Website") and concluded on the Website (hereinafter referred to as the "Order(s)” between the company NV Gallery and any customer (hereinafter referred to as the "Customer(s)") meaning any consumer according to French law and case law). The GTCS are accessible to the Customer and more generally to all individuals who use the services offered on the Website. For any order placed on the Website, the Customer must first accept the GTCS by checking the box “I declare that I have read the General Terms and Conditions of Sale and accept them without reserve". On that condition, for any order, the Customer guarantees that he/she has full legal capacity to accept the GTCS and to enter into a sale contract concerning the Items offered for sale on the Website.  The Customer should read the GTCS with all due care and attention.

1. Modifications:

NV Gallery reserves the right to modify the GTCS at any time, for various reasons, in particular in the case of: (a) modification of the operating mode of our organization; (b) modification of the legal or regulatory requirements with which we must comply; or (c) modification of the payment methods that we accept. The modified GTCS will then be applicable to any order placed with effect from the time of their publication on the Website 

The date of the last modification of our Terms and Conditions is specified at the top of this page. 

2. Items

NV Gallery presents the Items proposed for sale via product information sheets available on the Website; these information sheets include photographs and descriptions of the Items. These information sheets indicate as clearly as possible the main characteristics of the Items and the mandatory information pursuant to the applicable law.

NV Gallery is committed to a policy of continuous development of its products in order to offer the best possible ratio of quality and design to price. NV Gallery reserves the right to modify the prices, packaging and specifications of the Items proposed on the Website at any time and without notice. The prices indicated at the time of the Order of the Items are valid, subject to possible manifest errors in the price. In the event of manifest errors in the displayed price, NV Gallery reserves the right to cancel the Order. Payments already made shall be immediately refunded. NV Gallery reserves the right to modify the Items proposed on the Website, especially as a result of constraints deriving from its suppliers. The photographs are presented on an indicative basis only and do not constitute a contractual document.



3. Prices

The prices of the Items offered for sale on the Website are those indicated on the Website at the time of validation of the Order by the Customer

The prices of the Items are displayed in euros (€) including VAT (where VAT is applicable).

The prices do not include costs of delivery or any additional costs. These additional costs are indicated on the information sheet of the Item concerned, separately from the Item price. These costs are also displayed on the summary page proposed before final validation of the Order by the Customer. Finally, they shall also be displayed on the confirmation of Order. NV Gallery reserves the right to modify prices at any time, while also guaranteeing to apply the price in force at the time of the Order.

By placing an Order on the Website, the Customer expressly empowers NV GALLERY, on behalf of the Customer, to implement or to arrange the implementation of any customs clearance operations deriving from the Order and any formalities relating thereto with the customs authorities, including payment of duties and taxes and, where applicable, any requests for refunds of duties and taxes (in particular for returned goods). This power of attorney issued by the Customer implies for NV Gallery the obligation to implement or arrange implementation of customs clearance according to the state of the art and with selected service providers, while the Customer remains the real importer and recipient of the ordered Items pursuant to customs regulations.

4. Order

The Customer can order Items by applying the following procedure:

a) Placing the Order

Orders are placed and received exclusively via Internet, on the website www.nvgallery.com and are processed by the company NV Gallery.

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


To create a Customer Account, the Customer is asked to fill in his/her personal information via an online form (surname, first name, gender, date of birth, email address and password).  The Customer must also indicate whether he or she is placing the Order as a consumer or as a professional.  The identification data are entered by the Customer under the Customer’s full liability, control and direction, and the Customer undertakes not to usurp the identity of any third party. The Customer shall receive an email confirming his/her registration on the Website. The Customer Account is strictly personal and confidential and allows the Customer to confirm his/her identify 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 liable for any damage to 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 to add them to his/her virtual shopping cart (hereinafter the "Cart").  The detailed content of the Order and the total amount of the Order are displayed in the Cart before the validation of the Order, so that the Customer can check the details of the Order he/she is about to validate

The Order procedure allows the Customer to correct, modify and check the Items added to the 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 can then continue shopping by returning to the online shop or can finalize the Order by clicking on the "Place Order" tab (1st click"). A summary order form will be displayed, summarising all the details of the Order relating to the quantities of Items selected, the price of the Items and any related costs.


The Customer is then prompted to connect to his/her Customer Account by entering his/her email address and password or to create a Customer Account in accordance with the provisions of article 4.1 above. The Customer is then asked to enter his/her delivery and billing address. On the same page, the Customer is asked to choose his/her payment method (credit card, PayPal, 3x or 4x Alma).


If the customer chooses to pay for the Items via PayPal, the Customer is asked to tick the box "I declare that I have read the General Terms and Conditions of Sale and accept them without reserve" and then click "Pay" (second click).  The Customer will then be directed to the PayPal interface page where he/she must either (i) enter his/her PayPal login details or (ii) open a PayPal account.  


If the Customer chooses to pay for the Items via Alma, the Customer is asked to click on the "Alma 3x payment" or "Alma 4x payment" tab and to tick the box "I declare that I have read the General Terms and Conditions of Sale and accept them without reserve" and then click "Pay" (second click). The Customer will be redirected to the Alma interface page where he/she must fill in the necessary information requested by the platform


If the Customer chooses to pay for the Items directly by bank card (Visa, MasterCard), he/she will be asked to enter his/her bank details. To finally validate the Order and proceed with the payment of the price of the Items, 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 "Pay" .”Pay” (2nd click).

Validation of the Order by the Customer implies unreserved acceptance of the General Terms and Conditions and triggers the formation of the contract. Consequently, the Customer acknowledges and accepts that by placing an Order on the Website, he/she undertakes to pay for the Items ordered and to comply with the GTCS.

b. Confirmation of the Order by NV Gallery.

The Order and the payment thereof shall be confirmed by sending an email to the Customer. This email shall be sent by NV Gallery as soon as possible after the Customer has placed the Order. The Order confirmation shall summarise the Items ordered, the price of the Items, any shipping costs for the Items and other related costs, NV Gallery's contact details, the applicable GTCS at the time of sale and a cancellation form for withdrawal from the contract. The Order confirmation summarises the purpose and terms of the sale. 

Any Item not included in the confirmation email sent by NV Gallery following confirmation of the Order shall not be included in the contract. NV Gallery reserves the right to refuse any Order for legitimate reasons. NV Gallery also reserves the right to request any supplementary proof of identity that we consider necessary in the context of your order.

The Order shall not be considered final until the Order confirmation has been sent by NV Gallery and full payment of the Items ordered by the Customer has been received by NV Gallery. NV Gallery archives the purchase orders, invoices and the various exchanges and correspondence and can produce these documents as proof of contract.

c. Retention of documents

For any Order greater than or equal to 120 euros including VAT, NV Gallery undertakes to retain the documents concerning the transaction for a period of 10 years. NV GALLERY guarantees the Customer access to these documents at any time.

d. Modification of the Order

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

The contact details of NV GALLERY customer service are as follows:

- hello@nvgallery.com

If we accept your request for modification of an Order, the customer service department will let you know whether the desired modifications induce extra costs and, if so, the amount of said costs. 

If your Order is already in the process of being dispatched when you contact us, we will be unable to implement the desired modification to your Order.

e. Order cancellation 

You have the possibility to cancel all or part of your Order. Cancellation of an Order after its confirmation must be carried out by contacting NV Gallery customer service. The conditions for cancelling your Order depend in particular on the state of progress of the Order.

NV Gallery customer service shall conduct a detailed examination of the status of your Order and shall check whether its dispatch can be prevented if dispatch of the Order is not already in progress.  If this is possible, we shall provide a refund of the payment made on placing your Order, within a lead time of 10 days, with effect from the confirmation of cancellation of the Order (including delivery costs).

However, if your Order is already in the process of being dispatched when you contact us, you will have to wait until delivery of your Order before proceeding with a return request (in conformity with article 10, “Return/right of cancellation” of the GTCS). 

If, for whatsoever reason, a placed Order incurs a major delay or cannot be processed by the manufacturer that NV Gallery has selected, we shall inform you as soon as possible.

If the manufacturer/supplier informs us that it cannot manufacture the Items of an Order or that it will not meet our quality level and required standard, we shall remove the products concerned from the Website as soon as possible.

If you have ordered this Article, we shall immediately inform you, and your order shall be cancelled and we will provide a full refund, including delivery costs.

5. Payment

Payment of an Order can be made by bank card, such as Visa and MasterCard, or by PayPal.

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

Payment of the price of an Order must be made as soon as we have confirmed the Order. We shall address another email to you when the Order has been dispatched.

Payment in 3 or 4 instalments at no cost with Alma

The payment in several times/deferred is available via our partner Alma. The security of the payments is ensured by Alma and its providers. All payments are protected by 3D Secure.

Amount of purchases

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

Fees

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

Alma is a telepayment manager and issues an electronic certificate that will be considered as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.

Cancellation

Any termination of the T&Cs between the Seller and the customer will result in the termination of the UGCs between Alma and the customer.

Operation: Payment in 3 instalments by bank card enables you to pay for your Order on our e-commerce site as follows:

- a mandatory downpayment, debited on the date of validation of your order, corresponding to one third of the Order;

- two monthly payments, each corresponding to one third of the Order, debited directly after 30 days and 60 days.

• Payment in 3 instalments for purchases of at least €300 up to €4000.

Example: For a purchase of  €600: downpayment of €200 plus 2 monthly payments of €200. 2 months credit at a fixed APR of 0%. Cost of finance facility: €0.

6. Delivery / Receipt

Our Items are delivered to destinations in metropolitan France (including Corsica) and Belgium. Items shall be delivered to the address given by the Customer on placing the Order. The delivery address specified by the Customer can be different from the billing address of the Order.

Delivery costs shall be applied on placing an order. These costs depend on the size and weight of the ordered Item and the desired delivery method. Delivery costs are billed per Item. The calculation of delivery costs varies as a function of the number of Items ordered. A ceiling may sometimes be set, depending on the Order volume. As a function of the Order characteristics, and to respond as best as possible to the Customer’s wishes, NV Gallery can have recourse to different transportation companies. For the most voluminous packages, a convenience option is proposed, including delivery of the Item directly in the room desired by the Customer. The delivery point must be accessible to the delivery personnel. For example, delivery must not require the use of a hoist by the delivery personnel or delivery to different floors without a lift. If these conditions cannot be met, either delivery shall be to the ground floor of the building, or an extra delivery charge may be applied.

Prices do not include delivery charges or any additional charges relating to the Items. The delivery costs and additional charges are indicated on the information sheet of the Item concerned, separately from the Item price. These costs are also displayed on the summary page of the shopping Cart displayed before final validation of the Order by the Customer. The Customer may choose between different delivery methods, and the delivery costs shall be calculated accordingly.

Before confirming the Order, the Customer is responsible for ensuring that he/she is able to receive the ordered Items in accordance with the specified terms: in particular, the Customer must be available at the time of delivery, if delivery is scheduled by appointment, and the possibility of access by the carrier to the place of delivery must be ensured; the Customer must also verify that the Items fit easily into the room of the Customer’s choice, that they are appropriate for the room and that they can fit through the door of the apartment or room, via staircases and doors, and that no other problem risks complicating delivery or rendering it impossible. NV Gallery cannot be held liable for a delay in delivery caused by an error or lack of precision by the Customer (delivery address, telephone number etc.). Any additional costs that may be incurred due to delays in delivery or the need to modify the initially scheduled delivery through the fault of Customer shall be charged to the Customer.

The delivery point must be accessible to the delivery personnel. For deliveries above ground floor, the Customer must ensure that his/her home is accessible by lift, hoist or via a staircase suitable for the delivery of voluminous articles. Deliveries above ground floor are limited to the 4th floor. For deliveries to higher floors, additional charges shall be applied, or, if not, the goods shall be delivered to the base of the building. This point shall be verified by the carrier on making the appointment for the delivery. Delivery may be made under the conditions specified at the time of the Order, to the extent that the accessibility of the place of delivery so permits. If these conditions cannot be met, delivery shall be to the base of the building, or an extra delivery charge may be applied.

The Customer must ensure that the communicated contact details are kept up-to-date, so that NV Gallery or the carrier employed by NV Gallery can if necessary contact the Customer concerning the Order or delivery of the Items.

At the time of delivery, the Customer must sign a delivery note after checking the accepted package. In the event that damage to the package is observed during delivery, NV Gallery recommends the Customer to 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 at the latest on the first working day after delivery.

The lead times for dispatching your Items are specified on the Website and on your Order confirmation. The lead times specified at the time of validation of your Order, and the appointments made by the carrier for delivery of your packages, may be subject to modifications. If any modification to these lead times does occur, NV GALLERY shall do everything in its power to inform you as soon as possible of this change.

NV GALLERY shall do everything in its power to satisfy its Customers, in particular in compliance with the lead times for dispatch and delivery. “However, NV Gallery cannot be held liable for a delay in delivery due to a case of force majeure or to the unforeseeable and unavoidable delay of a third party.

In the case of a defective Item, the Customer must contact NV Gallery customer service within a maximum lead time of 3 days with effect from receipt of the Item. NV Gallery reserves the right to request the provision of additional documentary evidence to help identify the nonconformity and organize the collection of the Item. In the case of the return of a nonconforming Item, no return costs shall be charged. The Customer may request the replacement of the Item - by resending a new, conforming Item free of charge - or the refund of the defective Item. This refund must be made within a lead time of 14 days from receipt of the returned Item in the warehouses of NV Gallery.

Due to the aim of our organization to offer you Items at the fairest possible prices, our delivery lead times vary from 6 to 13 weeks on average. For certain Items - marked as express delivery - dispatch is expedited within an average lead time of 3 to 5 working days after confirmation of the Order;  the delivery lead time of the carrier partner is then added to this dispatch time. Between confirmation of the Order by NV Gallery and delivery of the Order, the Customer shall be kept regularly informed of the status of the Order. NV Gallery also provides the Customer with an online tracking system for the Orders in the Customer Account: this software tool is updated as often as possible with the aid of the available information. The estimated lead times communicated by NV Gallery on validation of the Order can be modified at any time by NV Gallery. In the event of modification of the delivery lead time for an Item, NV Gallery shall inform the Customer of the new delivery lead time within a reasonable time. If the suppliers of NV Gallery are unable to manufacture an ordered Item for any reason whatsoever (non-compliance with quality requirements, failure to attain a minimum threshold of orders, unavailability of the means of production etc.), NV Gallery shall inform the Customer in good time and shall proceed to refund the Item, including delivery costs., 

7. Availability

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

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

8. Pictures and dimensions of the Items

The pictures of the Items presented on the Website are provided for indicative purposes only.

Although NV Gallery makes every effort to display the colours with accuracy, it cannot guarantee that your computer will display the colours accurately or provide a satisfactory reproduction of the colour of the Items. The Items delivered to the Customer may be slightly different to those presented in the pictures.

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

9. Risk and Ownership

Ownership of the Items is transferred to the Customer as soon as NV Gallery has received the full sums due for the Items, including delivery costs. The Items are the responsibility of the Customer from the time that the Customer (or a third party other than the carrier and specified by the Customer) takes physical possession of the Items.

10. Returns and refund policy

a. Terms of the right of withdrawal

You are granted a legal lead time (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, it is extended until the next working day), with effect from the receipt of the Item by yourself or by any empowered third party, to inform us of your wish to return the Item and to organize the collection of the said Item at the place of delivery. If the Customer orders several Items in a single Order, or if a single Item is delivered in several parts, batches or pieces, the lead time for withdrawal from the purchase expires 14 completed calendar days from the date when the Customer (or a third party other than the carrier and specified by the Customer) takes physical possession of the last part, the last batch or the last piece of the Item constituting the Order.

To exercise your right of withdrawal, you must inform us of your decision by sending us the fully completed withdrawal form available under the “My Orders” tab of the Customer Account, or by any other unambiguous statement (for example by email addressed to info@nvgallery.com). 

To comply with this withdrawal lead time, you must send the message stating that you are exercising your right of withdrawal before the expiry of the said withdrawal lead time.

b. Consequence of withdrawal/Refund

If you cancel the contract by opting to exercise your right of withdrawal within the legal lead time, we shall assume responsibility for organizing the collection of the Item from the place of delivery of the said Item. We will refund the Item upon receipt or on the date when you provide proof of shipment of the Item, if earlier. The refund shall be made after deduction of the applicable return costs as defined below. The return costs apply per returned Item.

The return costs applied per returned Item are as follows:

Total value of the returned itemps

Collected at home

0€ - 99€
10€
100€ - 199€
29€
200€ – 299€
49€
300€ - 599€
79€
600€ - 899€99€
900€ et plus
129€

The returned Items must be in perfect condition for us to proceed with their refund. The Item must be returned in its original packaging or in packaging suitable for transporting it to our warehouses without damage. NV Gallery reserves the right to refuse to refund an Item that is returned in a condition considered unsuitable for resale.

Refunds of the price of the Items and of the delivery costs will be made using the same method of payment as that used to pay for your Order.  Refunds may be made by bank transfer, provided that the Customer provides NV Gallery with his/her bank account details. Refunds following the cancellation of an Order (in the case of an Order not already dispatched at the time of cancellation) shall be made within 10 days of the validation of your cancellation. Refunds following a withdrawal are made upon receipt of the Item or on the date when you provide proof of shipment of the Item, if earlier.

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

Offer to take back your old furniture

We take back items of the following furniture categories:

- Sofas 2-seater and 3-seater sofas, corner sofas, chaise-longues, armchairs and benches.

- Tables: dining tables, low tables, desks and console tables (except for side tables and bedside tables).

This service is available with the “convenience” delivery option. Simply tick this option when choosing the desired delivery type.

With this option, on the day of your delivery, our transportation partner will take back your old furniture at the same time as it delivers your new NV GALLERY unit.

11. Legal guarantees

The Items put on sale by NV Gallery are conform to the regulations in force and are covered by a legal guarantee of conformity, pursuant to the legislations in force, as specified in articles L217-4 to L217-14 of the French Consumer Code, and a legal guarantee against hidden defects, as specified in articles 1641 to 1649 of the French and Belgian Civil Code. These two legal guarantees apply independently of any commercial warranty provided by the manufacturer of the Item. Any Item modified, repaired or combined by the Customer or a third party without the authorization of NV Gallery shall be excluded from the above guarantee cover. Guarantee cover is also excluded in the case of breakage and malfunctions caused by non-compliance with the precautions for use of the Item. 

For any claim submitted under the legal guarantees, the Customer must transmit his/her request to NV Gallery customer services, which shall confirm the possibility of returning the Item under the legal guarantee. 

On confirmation of the claim by NV Gallery’s customer service, we will organise the return from the place of delivery of the Item, at the costs of NV Gallery. 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 to choose between repair and replacement of the Item in the case of a defect that appears within two years from the date of delivery. NV Gallery may decide not to follow the Customer's choice if this choice entails a cost that is clearly disproportionate to the other method, considering the value of the Item or the importance of the defect.  In this case, NV Gallery shall proceed according to the method not chosen by the Customer, in accordance with Article L.217-9 of the French Consumer Code.  If the repair and replacement of the Item are impossible, the Customer may return the goods and have the price refunded or keep the Item and be reimbursed part of the price of the Item

The legal guarantee for hidden defects gives you the right, in the event of a defect appearing within two years of delivery, to return the Item at NV Gallery costs within two years of discovery of the defect and to obtain a refund, or to keep the Item and be reimbursed a part of its price. On expiry of this legal guarantee, you must prove that the Item had a hidden defect on the date of sale.

“Article L217-4 of the French Consumer Code ("Code de la Consommation") 

The seller shall deliver goods in compliance with the contract and is liable for any nonconformities existing on delivery. The seller shall also be liable for any defects that result from the packaging, assembly instructions or installation if the seller was responsible for installation under the contract or installation was carried out under the seller's supervision”.

Article L217-5 of the French Consumer Code  

The goods comply with the contract:

1. If they are suitable for the use normally expected of similar products and, as applicable:

- if they correspond to the description given by the seller and have the qualities that the seller presented to the purchaser in the form of a sample or model;

- if they have the qualities that a purchaser can legitimately expect given the declarations made by the seller, the manufacturer or its representative, in particular as regards the advertising or labelling;

2. Or if they have the characteristics defined by mutual agreement by the parties or are suitable for any specific use required by the purchaser, which was brought to the attention of the seller and that the seller accepted

Article L217-12 of the French Consumer Code 

Actions that result from a lack of conformity are time-barred after a period of two years following delivery of the goods. 

Article 1641 of the French Civil Code, 

A seller is bound to a guarantee on account of the hidden defects of the goods sold which render them unfit for their intended use, or which so impair that use that the purchaser would not have bought them, or would have paid a lower price for them, had he or she been aware of the defects 

Article 1648 of the French Civil Code, 

The action resulting from latent defects must be brought by the purchaser within a period of two years following the discovery of the defects.” 

12. Liability

Our Items are designed for domestic use, and we do not provide any guarantee concerning their performance in a commercial environment. We cannot be held liable to you if non-performance or defective 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 liable for any possible difference in colour between “screen and reality”.

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

13. Promotional code

For certain of its Items, NV GALLERY offers you promotional codes, available on

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

These promotional codes are subject to conditions of use. These conditions can concern, in particular: 

  • a selection of Items

  • a validity period

  • a maximum Order value.

By using a promotional code, the Customer undertakes to comply with the conditions defined for the use of the code. Only one promotional code can be used for each Order: it is not possible to accumulate several promotional codes on the same Order.

The use of promotional codes is not authorized in the case of an Order comprising Items already sold at a discount sale price.

14. Preservation of documents

For every Order exceeding 120 euros, including VAT, we undertake, for a period of ten (10) consecutive years, to retain the documents relating to the transaction. We guarantee you access to these documents at any time at your request.


  1. Personal data


NV GALLERY undertakes to comply with the applicable laws and regulations, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (known as  “GPDR”) and the French Data Protection Act of 6 January 1978 (“Loi 78/17 du 6 janvier 1978 relative à l’Informatique, aux Fichiers et aux Libertés”). NV GALLERY collects and processes the personal data of its Customers and/or agents and employees with the aims of managing the various stages of the Order, answering questions and conducting satisfaction surveys following an Order. For more detailed information on the practices of NV GALLERY concerning personal data, the Customer is asked to refer to the Personal Data Protection Policy, annexed to the present GTCS and accessible on the Website in the “Data Management Policy” section.

16. Dispute resolution

If a dispute arises between you and us concerning the contract that we have entered into with you, please first contact us at the address hello@nvgallery.com and attempt to resolve the dispute with us. 

a. Mutually agreed mediator

In the absence of an amicable settlement of the dispute between NV Gallery and the Customer, and in conformity with article L. 612-1 of the French Consumer Code, you can have a free of charge access to a non-judicial mediation procedure. 

For this purpose, you can contact the MEDICYS mediation service covering our company:

  • by email:  app.medicys.fr

  • or by post: MEDICYS – 73 Boulevard de Clichy – 75009 PARIS.

b. EU Online Dispute Resolution Platforms

You can also refer the dispute to the EU Online Dispute Resolution platform, where EU consumers can bring disputes resulting 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 disputes

Depending on your country of habitual residence, the GTCS are governed by French or Belgian law. Consequently, a contract concerning the purchase of the Item on the Website and any dispute or ensuing legal action shall be governed by French or Belgian law. 

Depending on your country of domicile (France or Belgium), the French or Belgian courts shall be competent to examine any legal proceedings concerning the present contract. 

These legal notices and the GTCS were updated on 12 of May 2021

III. CONDITIONS OF USE OF THE WEBSITE


  1. General


These General Terms and Conditions of Use (hereinafter “GTCU”) govern the use of the website www.nvgallery.com (hereinafter the “Website”) for every internet user, defined as a natural person aged at least sixteen (16) years old (hereinafter the “User”). The use of the website www.nvgallery.com implies full acceptance of the present GTCU and that you undertake to comply with them.


These GTCU apply to all services proposed on the website www.nvgallery.com (hereinafter the “Services”) and, in particular, aim to define the conditions under which the User can:

  • access and browse the Website;

  • use the Services;

  • publish notes and comments, provided that they relate to an Order (the “Customer Opinions”).


By browsing the Website, the User recognizes that he/she has read and fully and unreservedly accepted the GTCU. NV GALLERY reserves the right to modify the GTCU at any time. The modified GTCU shall then be applicable as soon as they are published online.


  1. Access to the Website


The Website is open to any internet user meeting the conditions specified in article 1, provided that the user has an internet connection and a suitable computer or smartphone to access the Website.


However, the creation of a customer account (hereinafter the “Customer Account”) is necessary if the User wishes to place an Order on the Website. Where applicable, NV GALLERY recommends the User to refer to the Website’s General Terms and Conditions of Sale and to the terms of use described below.


  1. Customer Account and password


  1. Confidentiality of login identifiers


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


The User must also treat his/her login identifiers as strictly confidential and must not disclose them to anyone else.


NV GALLERY shall not be held liable for any damage to 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.


  1. Loss, theft or fraudulent use of login identifiers


 

In the event of loss, theft or fraudulent use, or suspected loss, theft or fraudulent use of his/her login identifiers, the User must imperatively and without delay reset his/her password online or immediately inform NV GALLERY of the situation at the address info@nvgallery.com. The password will then be deactivated. A link allowing the User to reset his/her password will then be sent to the User.

[Add if applicable] For reasons of security, after three (3) unsuccessful attempts to enter the login identifiers, access to the Customer Account will be temporarily blocked. In this case, the User must then either ask for a new password online via the “Forgot Password” link or by contacting NV GALLERY.

 

  1. Description of the online Services


The Website enables the User to access the following Services:

  • Consult the catalogue of items proposed for sale via the information sheets available on the Website;

  • Place orders for items;

  • The use of a Customer Account enables the User in particular to:

    • Consult and update his/her contact details and payment methods;

    • Track the status of his/her orders in progress;

    • Consult the log of the most recent orders;

    • Return an item and obtain a refund;

  • Subscribe to the NV GALLERY newsletter;

  • Interact with an NV GALLERY virtual assistant (chatbot);

 

The list of Services described above is not exhaustive. They can be modified, improved or enriched without requiring any change and re-acceptance of the GTCU.

 

  1. Use of the Services in conformity with their intended use


The User is exclusively liable for the use of the Services and for his/her actions on the Website.


The User undertakes to use the Website appropriately, in compliance with these general terms and conditions, acting in compatibility with the Website and in compliance with the applicable laws and regulations, public order legislation, public decency and third-party rights.


The User undertakes not to engage in any unlawful conduct or in actions constituting fraud with regard to NV GALLERY, to the other Users or to third parties. 


In particular, in the context of the use of the NV GALLERY virtual assistant (chatbot) or any other functionality provided on the Website and enabling the User to interact with NV GALLERY or with the other Users and/or to publish content on the Website, in particular Customer Opinions, the User is requested to adopt appropriate conduct and to show respect to NV GALLERY, its personnel and the other Users.


For example, the content published by the User, in particular the Customer Opinions, must not be contrary to the applicable legal and/or regulatory provisions and to the stipulations of these GTCU, and in particular they must not:


  • Contain elements irrelevant to the object of the Website or the Services of NV GALLERY;

  • Contain illicit, slanderous, abusive, obscene or offensive elements or any comments harmful to the image or reputation of a brand or of any natural person or corporate entity in any way whatsoever;

  • Promote violence or discrimination;

  • Infringe the intellectual property rights of another natural or legal person;

  • Violate any legal obligation to a third party (for example a confidentiality obligation);

  • Promote unlawful activities or invade the privacy of another person;

  • Be used to usurp the identity of another person.


Moreover, the User is prohibited from fraudulently accessing or remaining in all or part of a reserved or unauthorized area of the Website and from using any method of access other than his/her Customer Account provided by NV GALLERY.


In its quality as host of the content published by the User, in particular Customer Opinions, distributed under the exclusive liability of the Users, NV GALLERY cannot materially organize general monitoring of Consumer Opinions and cannot determine the licit or illicit nature of their content.


As a general principle, the User undertakes to notify NV GALLERY of any nonconforming use or any shortcoming that he/she has observed in the Services or the Website, in particular in the Customer Opinions, by email to the following address: info@nvgallery.com.


  1. Liability


  1. Quality of the Services and content on the Website


NV GALLERY makes every effort to provide a high-quality Website and to enable Users to use the Services under the best possible conditions. However, NV GALLERY cannot be held liable for the correct operation of the User’s IT equipment and internet access.


NV GALLERY distributes content and information on its Website that it regularly verifies and updates. However, NV GALLERY cannot be held liable for any direct or indirect harm caused by information distributed on its Website but misused. Nor can NV GALLERY be held liable for all the content posted on its Website by third parties. 


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


Also, NV GALLERY provides, for information purposes, links to external websites or includes content from partners on its Website. NV GALLERY cannot be held liable for any damage that may be caused by the content or services provided on these external sites.



  1. Maintenance and updating of the Website


NV GALLERY reserves the right, without notice or compensation, to temporarily close the Website or block access to the Services, in particular in order to carry out an update, maintenance operations, modifications or changes in the operational methods and functionalities or for other purposes.


NV GALLERY is not liable for any damage of any nature that may result from these changes and/or for a temporary unavailability of the Website or of the Services associated with it.


  1. Security of the Website


NV GALLERY makes every effort, in conformity with the state of the art, to secure the Website with regard to the risk incurred and the nature of the information processed.


However, NV GALLERY cannot be held liable for:

  • a disruption in the use of the Website or the impossibility to use the Website;

  • temporary or total unavailability of all or part of the access to the Website, the User’s Customer Account or to the published documents and content;

  • any difficulty relating to the response time or to any deficiency in the performance of the Website;

  • malfunctioning of the Services and of the Website in general;

  • an interruption of the Services, for whatsoever reason;

  • a lack of continuity of the proposed Services.


  1. Personal data


The personally identifiable data collected on the Website are subject to electronic data processing. The User is invited to refer to the Website’s Confidentiality Policy to obtain information on this point.


  1. Intellectual Property


NV GALLERY holds the intellectual property rights to the content of the website www.nvgallery.com, subject to the rights belonging to third parties or the content posted by third parties.


The present GTCU do not imply any form of transfer of the intellectual property rights concerning the elements owned by NV GALLERY or by third parties to the Users.


The contents of the Website, its general structure and the trademarks, drawings, models, images, whether animated or still, texts, photographs, logos, graphic charters, software and programs, search engines, databases, audio contents, videos, domain names, design, know-how of NV GALLERY and all other elements constituting the Website or any other information, without this list being exhaustive, are the exclusive property of NV GALLERY or of the third parties that have granted a license to NV GALLERY, and they are protected by intellectual property rights that are or shall be recognized pursuant to the applicable laws.


Any reproduction and/or full or partial representation of one of these elements, without the express authorization of NV GALLERY, is prohibited and constitutes an act of counterfeiting punishable by the provisions of the French Intellectual Property Code (“Code de la Propriété Intellectuelle”). Consequently, the User undertakes not to engage in any conduct or action that could directly or indirectly infringe on the intellectual property rights of NV GALLERY.


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


It is possible to generate links to the homepage of the Website from another website, provided that these links comply with the applicable legislation and do not in any way harm the reputation of the website www.nvgallery.com. These links must be created in such a way that they do not state or even suggest that there is any form of association with NV GALLERY without the prior authorization of NV GALLERY.


  1. Modifications of the GTCU


NV Gallery reserves the right to modify the GTCU at any time, for various reasons, in particular in the case of: (a) modification of the operating mode of our organization; (b) modification of the legal or regulatory requirements with which we must comply. The modified GTCU will then be applicable to any further browsing of the Website or use of the Services, with effect from their publication on the Website. 

The date of the last modification of the GTCU is specified at the top of this page.


  1. Applicable law


The present GTCU are governed by French law.



IV. GENERAL TERMS AND CONDITIONS OF SALE FOR PROFESSIONALS

1. Introduction

NV GALLERY is a simplified joint stock company (SAS) with a capital of 23,414.80 euros, with registered office in PARIS (75002), 3 rue d’Argout, registered with the Paris register of trade and companies under number 818 045 585.

2. Definitions

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

Customer: means NV GALLERY’s contracting partner, which guarantees that it has the quality of professional, as defined by law and French case law. In this respect, it is expressly stipulated that the Customer is acting within the framework of its usual professional or commercial activity. In particular, the term “Professionals” is considered to mean private or public natural or legal persons acting within the context of their commercial, industrial, small-scale, independent or agricultural business, including if they are acting on behalf of or for the account of another professional (such as - but not limited to - institutions and public authorities, persons exercising an independent professional activity, merchants and artisans, associations and employee representative bodies).

Account: means the interface where all the data provided by the Customer are grouped together. These data include the information concerning the Customer, such as the Customer’s email address, personal information etc. Please note that an Account cannot be transferred to a third party.

Identifier means the email address and password selected by the Customer on first registering and subsequently entered in order to log in to the Account. The Customer is reminded of the importance of choosing complex passwords.

Delivery: means the physical transfer of the Products ordered by the Customer to the delivery address specified when the Customer placed the order.

Products: means all the Products proposed for sale by NV GALLERY on the Website.

Territory: Metropolitan France, Corsica, and the Principality of Monaco

3. Object

These General Terms and Conditions of Sale (hereinafter “GTCS”) govern all sales made by NV GALLERY to professional Customers and Products proposed on the Website on the date of placing the order.

The Customer recognizes and accepts that these GTCS govern all orders placed by the Customer for one or more Product(s) on the Website. Every order placed on the Website necessarily implies the acceptance without reserve of the present GTCS and the waiver of any general terms and conditions of purchase of the Customer, as expressly accepted by the Customer. No exception to these provisions shall be allowed unless it is expressly accepted by NV GALLERY in the form of a signed addendum.

Unless otherwise stipulated in writing and agreed by both Parties, the GTCS applicable to the sale of Products between NV GALLERY and the Customer are those shown on the Website on the date when the Order is placed by the Customer (regardless of whether this Order concerns one or more Products).

NV GALLERY sells its products exclusively online via the Website. NV GALLERY does not possess any shop other than the Website.

For this purpose, the Customer undertakes to read the present GTCS carefully.

4. Registration on the Website

Every order of Products from the Website is subject to the creation of an account by the Customer. The Customer must imperatively enter its contact details to enable processing of its orders (billing, delivery), in particular:

  • Company name and SIRET registration number

  • Surname and first name

  • Postal address, billing address and email address

  • Intracommunity VAT No.

  • And any other documents that NV GALLERY may deem necessary for the processing of orders;

The Customer undertakes to update these information as soon as a change is made to the transmitted information, in particular to the contact details.

The Customer must choose the identifiers (user ID and password) that it can reuse for its subsequent orders on the Website. The Customer undertakes to keep its identifiers secret and not to disclose them to any third party. The Customer is solely liable for accessing  the Website by means of the Customer’s identifiers, except if the Customer provides proof of fraudulent use that is not imputable to the Customer. The Customer is reminded of the necessity of selecting a complex password.

5. Modifications

NV Gallery reserves the right to modify the GTCS at any time, for various reasons, in particular in the case of:

(a) modification of the operating method of the NV GALLERY organization;

(b) modification of the legal or regulatory requirements to which NV GALLERY must conform; or

(c) modification of the payment methods accepted by NV GALLERY.

They shall then be applicable to every order placed, with effect from their publication online. 

The date of the last modification of our Terms and Conditions is specified at the top of this page.

6. Products

The Products proposed for sale by NV GALLERY are presented as accurately as possible. NV Gallery presents the Products proposed for sale via product information sheets available on the Website; these information sheets include photographs and descriptions of the Products. These information sheets indicate as clearly as possible the main characteristics of the Products and the mandatory information pursuant to the applicable law.

Consequently, the Customer undertakes to read the Product characteristics carefully before placing any order on the Website. The choice made in this way by the Customer is made under the sole and full liability of the Customer and according to the Customer’s own needs. NV GALLERY cannot be claimed or held liable in this respect. 

Slight differences between the delivered Products and those represented on the Website may exist. If these differences do not concern the essential characteristics of the Products and do not affect their quality, they cannot constitute legitimate grounds for the cancellation of the order or refusal of delivery. Since perfect representation of the Products on the Website cannot be guaranteed, in particular due to the differences in colour rendering by different web browsers and/or display monitors, NV GALLERY cannot be held liable for any inaccuracy of the photographs on the Website. The photographs are presented on an indicative basis only and do not constitute a contractual document.

The Products are designed to meet French and European standards. However, they may not meet the specific requirements of the regulations applicable to establishments open to the public (hereinafter “PAB” - public access buildings), in particular fire safety standards. So, any Customer placing an order for use in a PAB must first make sure of the conformity of the Products to this use.  The liability of NV GALLERY cannot be claimed in the event of non-compliance with these requirements.

Moreover, certain of our Products are not suitable for intensive use and are consequently not recommended for our professional Customers. Before placing any order, the Customer must make sure that the selected Products are suitable for their intended use.

NV Gallery is committed to a policy of continuous development of its products in order to offer the best possible ratio of quality and design to price. NV Gallery reserves the right to modify the prices, packaging and specifications of the Products proposed on the Website at any time and without notice. The prices specified at the time of placing the order for the Products are valid, subject to possible manifest errors in the price. In the event of manifest errors in the displayed price, NV Gallery reserves the right to cancel the Order. Payments already made shall be immediately refunded. NV Gallery reserves the right to modify the Products proposed on the Website, especially as a result of constraints deriving from its suppliers.

7. Prices

The prices of the Items offered for sale on the Website are those indicated on the Website at the time of validation of the Order by the Customer

The prices of the Products are displayed in euros, inclusive of VAT.

The displayed prices do not include the costs of preparation, customs clearance, storage, delivery, assembly and other ancillary costs incurred for delivery, unless otherwise specified. The prices may be modified at any time by NV GALLERY.

The prices of the Products are quoted on an “Ex Works” basis (“sortie usine” in France).

By placing an Order on the Website, the Customer expressly empowers NV GALLERY, on behalf of the Customer, to implement or to arrange the implementation of any customs clearance operations deriving from the Order and any formalities relating thereto with the customs authorities, including payment of duties and taxes and, where applicable, any requests for refunds of duties and taxes (in particular for returned Products). This power of attorney granted by the Customer implies for NV Gallery the obligation to implement or arrange implementation of customs clearance according to the state of the art and with selected service providers, while the Customer remains the real importer and recipient of the ordered Products pursuant to customs regulations.

Pursuant to article L.541-10-6 of the French Environment Code (“Code de l’Environnement”), an eco-contribution is added to the price of furniture products. This eco-contribution, which varies according to the type of furniture product, cannot be subject to discount or reduction. This eco-contribution is payable by the Customer, even when replacing furniture products (even in the case of After-Sales Service). The eco-contribution shall be transferred in full to the eco-body in charge of the furniture disposal sector to which NV GALLERY belongs in its capacity as the first supplier putting furniture products on the markets. As a member of the ECO-MOBILIER eco-body, NV GALLERY is not obliged to take back used furniture. However, for the removal and processing of used furniture items, you can contact the ECO-MOBILIER eco-body. 

8. Order

The Customer can order Products by applying the following procedure:

Placing the Order

Orders are placed and received exclusively via Internet, on the Website and are processed by the company NV Gallery.

The detailed content of the Order and the total amount of the Order are displayed in the virtual shopping cart (hereinafter the “Cart”) before validation of the Order, so that the Customer can check the details of the Order that it is about to validate

The Order procedure allows the Customer to correct, modify and check the Products added to the 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.

Validation of the Order by the Customer implies unreserved acceptance of the GTCS and triggers the formation of the contract, making the Order firm and final. Consequently, the Customer acknowledges and accepts that by placing an Order on the Website, the Customer undertakes to pay for the ordered Products, if we accept the Order, and to comply with the GTCS. 

Confirmation of the Order by NV Gallery.

The order and the payment thereof shall be confirmed by sending an email to the Customer. This email is sent by NV Gallery as soon as possible after the Customer has placed the Order. 

Any Product not included in the confirmation email sent by NV Gallery following validation of the Order shall not be included in the contract. NV Gallery reserves the right to refuse any Order for legitimate reasons. NV Gallery also reserves the right to request any supplementary proof of identity that we consider necessary in the context of your order.

The order shall not be considered definitive until the Order confirmation has been sent by NV Gallery, and the sale of the Products shall not be finally recorded until the corresponding full payment by the Customer has been received by NV Gallery.

Billing and payment terms and conditions

The Products are payable in euros. The Products are payable in full on placing the Order on the Website. The sums paid may at no time be considered to constitute deposits or downpayments. No order of Products shall be delivered to the Customer until full payment of the price of the Products, evidenced by the receipt by NV Gallery of an acknowledgement of receipt of payment of the Products.

Payment of an Order can be made by bank card or credit card (Visa, Mastercard, American Express) or by PayPal or direct bank transfer. Payment by direct bank transfer is accepted by NV Gallery on a case-by-case basis, at the request of the Customer. In the case of bank transfer, the Customer must send documentary evidence of the transfer so that the Order can be confirmed by NV GALLERY.

NV Gallery reserves the right to exclude certain payment methods for certain Products. In this case, the Customer shall be obliged to use the other payment methods offered. On payment of the Order, the Customer certifies that it is the holder of the card used and has sufficient funds to pay for the Order. NV Gallery reserves the right to refuse a transaction for whatsoever reason and to suspend access to its payment service by any person whatsoever at any time, if this is judged necessary by NV Gallery.

Payments by bank card on our Website are secured in compliance with the French and international interbank regulations. This solution enables the Customer to make purchases in full security. The bank details of Customers paying by bank card are not stored by NV GALLERY.

Payment in 3 instalments at no cost

The payment in several times/deferred is available via our partner Alma. The security of the payments is ensured by Alma and its providers. All payments are protected by 3D Secure.

Amount of purchases

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

Fees

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

Alma is a telepayment manager and issues an electronic certificate that will be considered as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.

Cancellation

Any termination of the T&Cs between the Seller and the customer will result in the termination of the UGCs between Alma and the customer.

9. Delivery / Receipt

9.1. Our Products are delivered to destinations in France (including Corsica) and the Principality of Monaco. Products shall be delivered to the address given by the Customer on placing the Order. The delivery address specified by the Customer can be different to the billing address of the Order.

9.2. Delivery costs shall be applied on placing an order. These are billed per Product The calculation of delivery costs varies as a function of the number of Products ordered. As a function of these characteristics, and to respond as best as possible to the wishes of the Customer, NV Gallery can have recourse to different transportation companies.

For the most voluminous packages, a convenience option can be proposed by NV GALLERY: this option includes delivery of the item to the room required by the Customer (delivery is complete on delivery of the Product concerned to the desired room and does not include unpacking, recovery of the empty boxes, assembly and taking back the old product, without this list being exhaustive).

The prices do not include the costs of delivery or any extra costs. The delivery prices and supplementary charges are specified on the information sheet of the Product concerned, independently of the Product price, and they depend on the size and weight of the ordered Product and the method of delivery desired and specified by the Customer on validating the Order. They are also displayed on the summary page proposed before final validation of the Order by the Customer. Finally, they shall also be displayed on the confirmation of Order. The Customer may choose between different delivery methods, and the delivery costs shall be calculated accordingly.

9.3. Before confirming the Order, the Customer is responsible for ensuring that it is able to receive the ordered Products in accordance with the specified terms: in particular, the Customer must be available at the time of delivery, and the possibility of access by the carrier to the place of delivery must be ensured; the Customer must also verify that the Products will enter without difficulty into the room of the Customer’s choice (depending on the possible and selected delivery method), that they are appropriate for the room and that they can fit through the door of the room and that no other problem risks complicating delivery or rendering it impossible. NV Gallery cannot be held liable for a delay in delivery caused by an error or lack of precision by the Customer (delivery address, telephone number, absence etc.). Any extra costs that may be caused by delays in delivery or the impossibility of delivery or the need to modify the initially envisaged delivery shall be charged to the Customer (for example, storage costs, temporary storage services, hoist and the cancellation of the order by NV GALLERY in particular).

If the Customer chooses delivery above ground floor, and if NV GALLERY validates the option at its own discretion and in writing, the Customer must ensure that the delivery point is accessible by lift, hoist or staircase suitable for the delivery of voluminous items. Deliveries above ground floor are limited to the 4th floor. For deliveries to higher floors, additional charges shall be applied, or, if not, the goods shall be delivered to the base of the building, at the discretion of NV GALLERY. This point shall be verified by the carrier on making the appointment for the delivery. Delivery may be made under the conditions specified at the time of the Order, to the extent that the accessibility of the place of delivery so permits. If not, delivery shall be made to the base of the building.

9.4 The Customer must ensure that the communicated contact details are kept up-to-date, so that NV Gallery or the carrier employed by NV Gallery can if necessary contact the Customer concerning the Order or delivery of the Products.

9.5. The Products shall be transported at NV Gallery’s risk up to the delivery point. The risks of loss and damage shall be transferred to the Customer upon delivery. At the time of delivery and before signing the delivery note, the Customer shall check the visible condition of the Products (damage, loss, apparent defects, or nonconformity) and shall notify any reserve to the carrier responsible for delivery under the conditions provided by article L133-3 of the French Commercial Code (“Code de Commerce”). In particular, the Customer must verify the condition of the packaging, the number of packages and the Products in the quantities, references, condition and features.

Complaints concerning the delivered Products must be notified at the same time to NV GALLERY by Registered Letter with Acknowledgement of Receipt, at the latest three (3) days after the date of delivery.  On expiry of this lead time, the Products shall be considered to have been accepted without reserve by the Customer. 

The Customer must provide evidence of any observed defects. The Customer must allow NV GALLERY every opportunity to examine these defects and to remedy them. The Customer shall refrain from directly intervening on the Product or from obtaining third party intervention. No Product return may be made without the prior authorization of NV GALLERY. 

The Product shall be returned at the costs and risk of the Customer. The return of all or part of the Product does not release the Customer from its obligation to pay for the Products. At the discretion of NV GALLERY, the returned Products shall be either replaced, repaired in its workshops or refunded. 

On penalty of inadmissibility of its request, the Customer must:

  • Record the precise and duly evidenced reserves on the delivery note, in the case of damage or missing packages: general statements of the type “subject to unpacking” are insufficient;

  • Confirm its reserves within the above lead time, in the case of all missing packages or damaged items and must formulate any other reserves to the Customer Service department of NV GALLERY (email address: pro@nvgallery.com) for any order placed with the said department;

  • Check the package(s) in the presence of the carrier in the case of damaged package(s) and verify its/their contents.

9.6. The lead times for dispatching the Products are specified on the Website and on your Order confirmation. These lead times are quoted on an indicative basis and are in no way guaranteed. They are specified on validation of your Order. NV Gallery may offer delivery on appointment which will be set by the carrier.  The delivery date may be subject to modification. If any modification to these lead times does occur, NV GALLERY shall do everything in its power to inform you as soon as possible of this change. Consequently, any delay in delivery of the Products cannot entitle the Customer to claim the benefit of:

  • Award of damages;

  • Order cancellation.

Moreover, NV GALLERY cannot be held liable for delays in delivery if the delay is due to a case of force majeure or to the action of a third party or of the Customer.

9.7. The Customer shall be kept regularly informed of the progress of its Order. NV Gallery also provides the Customer with an online tracking system for the Orders in the Customer Account: this software tool is updated as often as possible with the aid of the available information. The estimated lead times communicated by NV Gallery on validation of the Order can be modified at any time by NV Gallery. In the event of modification of the delivery lead time of a Product, NV Gallery shall inform the Customer of the new delivery lead time within a reasonable time. If NV Gallery’s suppliers are unable to manufacture an ordered Product for any reason whatsoever (non-compliance with quality requirements, failure to attain a minimum threshold of orders, unavailability of the means of production etc.), NV Gallery shall inform the Customer in good time and shall proceed to refund the Item, including delivery costs.

If, for whatsoever reason, a placed Order incurs a major delay or cannot be processed by the manufacturer that NV Gallery has selected, we shall inform you as soon as possible.

If the manufacturer/supplier informs us that it cannot manufacture the Products on an Order or that it will not meet our quality level and required standard, we shall remove the Products concerned from the Website as soon as possible.

If you have ordered this Product, we shall immediately inform you, and your order shall be cancelled and we will provide a full refund, including delivery costs.

10. Availability

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

If NV Gallery is unable to supply a Product, for example because the Product is no longer in stock at the manufacturer/supplier or due to a pricing error, NV Gallery shall inform the Customer by email and shall not confirm the Order. If the Customer has already paid for the Product, NV Gallery shall refund the full price of the said Product as soon as possible.

11. Pictures and dimensions of the Items

The pictures of the Products presented on the Website are provided for indicative purposes only.

Although NV Gallery makes every effort to display the colours with accuracy, it cannot guarantee that your computer will display the colours accurately or provide a satisfactory reproduction of the colour of the Products. The Products delivered to the Customer may be slightly different to those presented in the pictures.

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

12. Risk and Ownership

NV GALLERY shall transfer ownership of the Products upon delivery of the order to the Customer, subject to full payment of the order (price of the principal and accessories) by the Customer. 

13. Liability

The liability of NV GALLERY for the delivered Products, including in the context of the applicable contractual and/or legal guarantees, is limited to the price of the defective or nonconforming Products. NV GALLERY cannot be held liable for indirect, consequential, or immaterial damages incurred by the Customer or a third party.

Moreover, NV GALLERY shall not be liable for the possible difference in colour between computer screen and reality or in the event of a case of force majeure.

14. Force majeure

The performance of the obligations of NV GALLERY pursuant to the present GTCS shall be suspended in fortuitous cases or cases of force majeure that would prevent due performance pursuant to article 1218 of the French Civil Code (“Code Civil”) and of the applicable case law. NV GALLERY shall notify the Customer of the occurrence of any such case as soon as possible.

15. Annulment and modification of the contract

If any stipulation of the present contract is annulled, this annulment shall not lead to the annulment of the other stipulations, which shall remain in force between the parties. Any contractual modification shall not be valid until it is agreed in writing and signed by the parties.


16. Guarantees

a. Hidden defects

The guarantee against hidden defects is not applicable to orders placed under these General Terms and Conditions of Sale.

b. Guarantee of conformity

The Products are guaranteed for a period of two (2) years with effect from their delivery against manufacturing faults, design faults and material defects. During the guarantee period, NV GALLERY undertakes, at its own discretion, to offer to remedy the situation by replacing or taking back the Products recognized as defective by its services. The replacement Products shall be covered by the guarantee for its remaining validity period. The burden of proof is on the Customer.

Guarantee exclusions:

  • Damage to the Product resulting from normal wear, in consideration of its nature, function, composition and price.

  • Minor differences observed between the Products and the photographs shown on the Website.

  • All Product defects that may be the result of incorrect installation, storage, preservation or assembly (failure to comply with assembly instructions), defective maintenance, incorrect use or use not conforming to the technical specifications or instructions for use (non-compliance with maintenance and care instructions), modifications or repairs carried out by the Customer or a third party, deteriorations caused by external objects (television too heavy for a unit not designed for this use), external events, such as accident, impact, fire, acts of vandalism, flood damage, natural or artificial light (in the event of discolouration), natural disaster or bad weather and any case of force majeure;

  • Products not recommended for professional use.


Implementation of the guarantee

To claim the guarantee, the Customer must contact the Customer Service department of NV GALLERY (email: pro@nvgallery.com).

The Customer must send any relevant evidence to demonstrate the defectiveness of the Product, in particular photographs of defective items, specifying the conditions of use of the Products. Presentation of the original invoice shall be required in order to benefit from the guarantee.

Guarantee of title and peaceful possession

The guarantee of title and peaceful possession is not applicable to orders governed by these General Terms and Conditions of Sale.

17. Personal data

NV GALLERY undertakes to comply with the applicable laws and regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (known as  “GPDR”) and the French Data Protection Act of 6 January 1978 (“Loi 78/17 du 6 janvier 1978 relative à l’Informatique, aux Fichiers et aux Libertés”). NV GALLERY collects and processes the personal data of its Customers and/or agents and employees with the aims of managing the various stages of the Order, answering questions and conducting satisfaction surveys following an Order. For more detailed information on the practices of NV GALLERY concerning personal data, the Customer is asked to refer to the Personal Data Protection Policy, annexed to the present GTCS and accessible on the Website in the sections “Data Management Policy”.

18. Intellectual Property

The elements edited on the Website, including in particular the logos, registered trademarks, texts, photographs, pictures, drawings, models and more generally all other information subject to intellectual property rights relating to the Products are and remain the exclusive property of NV Gallery  No transfer of intellectual property is conferred through these GTCS. 

The Customer cannot show or use the logos, registered trademarks, texts, photographs, pictures, drawings, models and more generally any other information subject to intellectual property rights relating to the Products without the prior express written authorization of NV Gallery. Consequently, the full or partial reproduction or representation of any intellectual property right of NV GALLERY 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 the rights it has granted. 


19. Miscellaneous

19.1. Proof

By express agreement between NV GALLERY and its Customer, emails shall be considered to constitute binding evidence between the Parties, as also will the automatic storage system used on the Website, in particular with regard to the nature and date of the order.

In accordance with the rules of common law, the Customer can access the electronic contract concluded with NV GALLERY. To do so, the Customer must address the Professionals Service or Customer Service by email (pro@nvgallery.com), providing all necessary information, in particular its order number and Customer contact details.

19.2. Partial invalidity

If one or more stipulations of these GTCS is/are considered or declared invalid pursuant to a regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope.



19.3. Non-waiver

If either Party permanently or temporarily refrains from demanding application of a particular clause of these GTCS, this fact cannot, under any circumstances, be considered to constitute a waiver of the rights of the said Party on the basis of the said clause.

19.4. Entire agreement clause

These GTCS and the order summary transmitted to the Customer form a contractual whole and constitute the entire contractual relations between the Parties.

19.5. Attribution of legal competence and applicable law

The contract shall be governed by French law, to the exclusion of the rules concerning conflict of laws. Application of the United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on 11 April 1980, is excluded.

Any dispute relating to the formation, interpretation, performance or non-performance and cancellation of the sales entered into pursuant to these GTCS shall be exclusively referred to the Paris Commercial Court, even in case of urgent petitions, introduction of third-parties or plurality of defendants.  


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