Special Conditions related to the Nubiance subscription service

These Special Conditions relating to the Nubiance subscription service (the “Special Conditions”) supplement the General Conditions of Sale (the “GTC”). When these additional contractual terms apply, they are added to the stipulations of the GCS. When they conflict with the stipulations of the GCS, they will prevail over the latter.

1. Object of the Special Conditions

The Special Conditions are applicable to any subscription on the nubiance.fr site allowing you to benefit from the service aimed at receiving, on a regular basis - monthly, bimonthly, quarterly or every 4 months - for an indefinite period a box containing the products of the company Nubiance selected by the customer when taking out the subscription, at more advantageous prices compared to the unit price displayed on the nubiance.fr site on the date of subscription, excluding the promotional period.

3. Availability and opposability of the Special Conditions

The Special Conditions are made directly available to consumers on the seller's website. They are opposable to the consumer who acknowledges, by ticking a box provided for this purpose, to have been aware of them and to have accepted them before placing an order.

The validation of the order by its confirmation implies acceptance by the buyer of the GCS and the Special Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1127-1 of the civil code. (former C. civ., art. 1369-4).

4. Modification of the Special Conditions

These Special Conditions were updated on 08/21/2023.
The seller reserves the right to modify its Special Conditions at any time. In case of modification of the Special Conditions, the applicable Special Conditions are those in force on the date of subscription of the subscription, a copy dated to date is sent to the consumer via a hypertext link inserted in the order confirmation email. sent to the email address he provided.

5. Clauses of the Special Conditions

The nullity of a contractual clause of the Special Conditions does not result in the nullity of the Special Conditions.
The temporary or permanent non-application of one or more clauses of the Special Conditions by the professional seller does not constitute a waiver on his part of the other clauses of the Special Conditions or the GCS, which continue to produce their effects.

Article 3 – Products

The stipulations of the GCS relating to the characteristics of the products, their use, their conformity, the availability of stocks and the resale of the products apply to the sales of products included in the box ordered by the customer when subscribing to his subscription.

Article 4 - Price

The stipulations of the CGV relating to the sale prices, the modification of the prices and the additional costs apply to the sales of products included in the box ordered by the customer when taking out his subscription, it being specified by way of derogation that the prices of the products in the box are more advantageous compared to the unit price displayed on the nubiance.fr website, excluding the promotion period. If the price of an item or the amount of an additional fee linked to the subscription service changes, the consumer must be informed at least 2 weeks in advance in order to have the possibility of terminating his subscription. if he wishes.

Article 5 - Offer

The stipulations of the GCS relating to the marketing of sales offers, their duration and the acceptance of the sales offer apply to subscription offers, it being specified by way of derogation that subscription offers are reserved to consumers residing in mainland France and Belgium.

Article 6 - Order

The stipulations of the GCS relating to the stages of conclusion of the contract, the modification of the order and its validation apply to the subscription of the subscription offer, it being specified by way of derogation that the customer may request the addition product(s) complementary to the products selected when taking out their subscription within a maximum period of 48 hours from the email informing them of the processing of their package.

Article 7 – Contract

The stipulations of the GCS relating to the date of conclusion of the contract and the methods of proof apply to the subscription of the subscription offer.

Article 8 - Payment

The stipulations of the GCS relating to the security of payments apply to payments resulting from the subscription of the subscription offer, it being specified by way of derogation that:
- The customer will be charged on delivery of the box by debiting his bank account for an amount corresponding to the price of the box containing the products selected when taking out the subscription, possibly increased by the price of additional products requested by customer according to the conditions set out above
- The customer benefits from the possibility of paying by credit card or via Paypal.

Article 9 - Delivery

The stipulations of the GTC relating to the delivery of the products, the shipping and delivery times, the delays in delivery, the place of delivery, the conformity of the products and the transfer of risks and ownership apply to the delivery of the box, it being specified by way of derogation that the subscription offers are reserved for consumers residing in metropolitan France and Belgium.

Article 10 - Product return and right of withdrawal

The stipulations of the GCS relating to the return of the product and the right of withdrawal apply to the products contained in the box delivered as part of the subscription, it being specified by way of derogation that, in accordance with article L 221-18 of the consumer code which provides that "For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good", the right of withdrawal cannot be exercised for deliveries after the first delivery.

Article 11 - Warranty

The stipulations of the GCS relating to the legal guarantee of conformity and the guarantee of hidden defects apply to the products contained in the box delivered as part of the subscription.

Article 12 - Liability

The stipulations of the GCS relating to the liability of the seller apply to the subscription of the subscription and to the products delivered in this context.

Article 13 - Processing of personal data

The stipulations of the GCS relating to the collection and processing of personal data apply to data collected and processed within the framework of the subscription of the subscription and the management of the order, the delivery and the customer relationship. related thereto.

Article 14 - Intellectual property

The stipulations of the T&Cs relating to the intellectual property rights of Nubiance apply to subscribers to the subscription offer.

Article 15 - Resolution of disputes

The stipulations of the GCS relating to the resolution of disputes apply to disputes that may arise in connection with the subscription of the subscription offer, its execution and its validity.

Article 16 - Applicable law

The stipulations of the GCS relating to the applicable law and the competent jurisdiction in the event of a dispute apply to the Special Conditions.

Article 17 - Archiving evidence

The stipulations of the GCS relating to the means of proof, contractual documents and copies apply to the Special Conditions.

Article 18 – Duration and termination of the Special Conditions

The customer will receive the box every month, or every quarter depending on the option chosen, until termination of the contract. The subscription contract is thus automatically renewed each month, or each quarter depending on the option chosen, for an additional period of one month, or one quarter depending on the option chosen, unless terminated by the customer according to the conditions defined. below.
The customer can end his monthly subscription, or quarterly depending on the option chosen, at any time after the second delivery of the box.
The termination request must be sent to contact@nubiance.fr no later than 15 days before the next delivery.