Terms and conditions
These General Conditions of Sale are established between:
SA NeroGiardini France (Commercial name of SA Alric Shoes Invest, owner of the website www.nerogiardini.fr , whose registered office is located at Avenue Montjoie 108/16, 1180 Uccle (Belgium). BE: 0447.975.593. Telephone: +32 (0)4 365.26.43 E-mail: info@nerogiardini.fr Hereinafter referred to as “NeroGiardini”.
And natural or legal persons wishing to place an order via the NeroGiardini website ( www.nerogiardini.fr and/or its aliases) hereinafter referred to as "the Customer".
We will hereinafter designate:
- “Site”: the site and all of its pages;
- “Products”: all the products (hardware) and services (immaterial) that can be purchased or to which it is possible to subscribe on the site;
- “User”: The Internet user visiting and using the site;
- “Basket”: The immaterial object grouping together all the goods or services selected by the customers of the site for a purchase by having clicked on these objects;
These General Conditions of Sale apply, without restriction or reservation, to all relations between NeroGiardini and the Customer in the context of the sale of the items offered, the posting and ordering of the services offered on the website.
The applicable General Conditions of Sale are those in force on the date of the order by the Customer. The customer is deemed to be aware of this, to have accepted all the clauses and to waive the right to avail himself of his conditions of purchase.
NeroGiardini reserves the right to be able to modify their General Conditions of Sale at any time.
The General Terms and Conditions of Sale can be consulted at all times on our website and will prevail, where applicable, over any other version or any other contradictory document, except for prior, express and written derogation from NeroGiardini .
Cases of application not provided for herein shall be governed by the practices in force in the internet sales sector for Belgian companies.
Confirmation of the order by the Customer on the NeroGiardini website implies acceptance and full acceptance of the General Terms and Conditions of Sale.
Unless proven otherwise, the data recorded by NeroGiardini constitutes proof of all transactions.
The titles of the articles of these General Conditions of Sale are provided for information only and may in no case be the pretext for any interpretation or distortion of the clauses to which they relate.
The duration of application of the General Conditions of Sale corresponds to the duration of the posting of the articles and services offered by NeroGiardini .
The items offered on the website www.nerogiardini.fr are valid within the limits of available stocks. The indications on the availability of the articles are provided directly online at the time of placing the order. However, this information is provided for information only and may vary from the reality of the stock .
The Customer is solely responsible for the choice of items and services, and their suitability for his needs, so that NeroGiardini cannot be held liable in this regard. The Customer will also have taken care to know the essential characteristics of the articles and services offered on the website to place his order in full knowledge of the facts.
Orders placed with NeroGiardini are deemed to be deliverable in Europe, unless otherwise expressly provided for by NeroGiardini subject to specific conditions as to deadlines and payments, which will be defined in an addendum to the order.
The Customer is responsible for selecting the items he wishes to order on the site, by adding them to his shopping cart.
The order must then be confirmed by the Customer when the latter makes the actual payment.
The sale will only be considered final after NeroGiardini has sent the Customer confirmation of acceptance of the order, indicating that the payment made by the Customer has been accepted.
Acceptance of the order is therefore subject to full payment thereof by the Customer before delivery.
For any suspicion of fraud on an order, NeroGiardini reserves the right to refuse the sale and refund the amount paid.
The Customer may follow the progress of his order at any time on the NeroGiardini website in his personal space.
The items are supplied and delivered at the prices in force on the day of confirmation of acceptance of the order by NeroGiardini and as communicated to the Customer prior to placing his order.
The price indicated in the order confirmation by NeroGiardini is the final price. The prices are expressed in Euros, all taxes and excises included. They do not include any delivery costs, which are detailed in the paragraph "Delivery costs".
NeroGiardini reserves the right to be able to modify their prices at any time. In this case, the applicable prices will be those in force at the time of the order by the Customer.
Any increase in VAT or any new tax that would be imposed between the time of the order and that of delivery will be borne by the customer.
The price is payable in cash, in full on the day the order is placed by the Customer. NeroGiardini will not be required to deliver the items ordered by the Customer if the price has not been paid in full beforehand (price including VAT and any delivery costs).
Banking information (card number, expiry date, cryptogram) is never in our possession since banking transactions are processed directly and completely securely by our payment partners.
Whatever the method of payment for the order chosen by the Customer, it will only be considered final after effective collection of the sums due to NeroGiardini .
Collection is considered final in the following cases:
- Bank transfer: the full amount of the order appears on the account statements of NeroGiardini.
- Payment by debit or credit card: the full amount of the order is approved by the organization of Shopify Payments.
- PayPal: the full amount of the order is approved by the payment organization PayPal.
NeroGiardini reserves the right to cancel any order whose origin of payment appears to be fraudulent.
With regard to the secure payment system, NeroGiardini uses the services of Shopify Payments or PayPal, payment solutions designed for e-commerce. As soon as you make the payment, the website directs you to the Shopify Payments platform or PayPal depending on your choice of payment. Shopify Payments/PayPal collects the necessary information and processes the payment request. After payment verification, Shopify Payments/PayPal redirects you to the NeroGiardini website. For more information on this subject, visit the Shopify site: www.shopify.com and the PayPal site: www.paypal.com .
NeroGiardini declines all responsibility in the event of a payment error or any transactional problem in connection with the Shopify and PayPal payment interfaces as well as with erroneous bank transfers.
The following credit cards are accepted for online payment:
- Visa
- MasterCard
The following debit cards are accepted for online payment:
- Bancontact
- Maestro
6.2.5 Bank transfer
BANK: KBC
IBAN: BE90 7326 3064 3632
BIC: CREGBEBB
The order is prepared when NeroGiardini has received the full payment as well as all the elements necessary for the proper performance of the contract, namely: the complete contact details of the Customer and the recipient of the order. As long as these conditions are not established, the order is not prepared and, in this case, no delay in delivery can be opposed to NeroGiardini .
When the order, and therefore the payment, shows signs of bank fraud, NeroGiardini is free to suspend or completely cancel the order and report it to the Federal Crime Computer Unit.
NeroGiardini practices a single delivery package including transport costs which amounts to 6 Euros including VAT via Bpost and 4 Euros via Mondal Relay for all of Belgium and applies to the entire order, regardless of the number of products ordered. .
For any order equal to or greater than 100 Euros including VAT delivered in one go to an address located in Belgium, delivery will be made free of charge.
7.1.2 Delivery in Europe (Excluding Belgium)
For Luxembourg, NeroGiardini practices a single delivery package including transport costs which amounts to 4 Euros via Mondial Relay and applies to the entire order, regardless of the number of products ordered.
For France and the Netherlands, NeroGiardini practices a single delivery package including transport costs which amounts to 5 Euros via Mondial Relay and applies to the entire order, regardless of the number of products ordered.
For any order equal to or greater than 100 Euros including VAT delivered in one go to an address located in Luxembourg, France or the Netherlands, delivery will be made free of charge.
For Spain and Portugal , NeroGiardini applies a single delivery package including transport costs which amounts to 8 Euros via Mondial Relay and applies to the entire order, regardless of the number of products ordered.
For Germany NeroGiardini practices a single delivery package including transport costs which amounts to 10 Euros via Mondial Relay and applies to the entire order, regardless of the number of products ordered.
For any order equal to or greater than 150 Euros including VAT delivered in one go to an address located in Spain, Portugal or Germany, delivery will be made free of charge.
For Austria and Italy, NeroGiardini applies a single delivery package including transport costs which amounts to 12 Euros via Mondial Relay and applies to the entire order, regardless of the number of products ordered.
For any order equal to or greater than 200 Euros including VAT delivered in one go to an address located in Austria or Italy, the delivery will be made free of charge.
NeroGiardini has the right to apply a delivery rate specific to the order depending on the countries that are not specified in articles 7. For this type of delivery, the Customer must send an e-mail to the address info@nerogiardini .fr before confirming the order to know exactly the applicable delivery costs.
Items purchased by the Customer will be shipped within 1-5 business days of placing the order provided payment has been made and confirmed.
The items ordered will be delivered to the address indicated by the Customer when ordering on the NeroGiardini website.
If the delivery deadline is exceeded by more than 7 days from the day of shipment, not justified by a case of force majeure, the Customer must inform NeroGiardini by registered mail within 15 days. The Customer must indicate whether he wishes to obtain reimbursement of the sums paid on the occasion of the sale, to the exclusion of any other indemnity or damages. After the 15-day period, NeroGiardini will consider that the items have been delivered and the Customer will no longer be able to file complaints with NeroGiardini for non-receipt of his order.
Barring exceptions, the items are delivered in the supplier's original packaging.
The parcel is delivered the working day following dispatch by the postman if the delivery address is located in Belgium. Outside Belgium, the delivery time can vary from 2 to 7 days following dispatch by the postman.
Each package has a unique barcode. Thanks to the "Track & Trace" application, you can follow the route of your package online.
If the Customer is absent when the package is presented, he can request a second presentation by telephone or come and collect the package within 14 days at the post office or Point Poste.
7.5.2 Mondial Relay (Collection point)
The package is available on average 3 to 5 working days following dispatch to the Mondial Relay collection point that the customer chose when ordering.
7.5.3 Local Delivery
For people residing in the Liège region, home delivery by us is free.
By selecting “Local delivery” when validating your order, it will be delivered to your home within 3 working days. We will communicate our day and time of passage by email.
7.5.4 Free In-Store Pickup
You can also pick up your order for free in one of our stores.
By selecting “Pick up at the store” when confirming your order, you can pick up your order during store opening hours. Your order will be delivered to you on presentation of an identity document and the confirmation e-mail showing your order number.
The Customer is required to check the condition and conformity of the items delivered upon delivery.
It is his responsibility to make all the necessary findings in the event of a defect or missing items within 3 days of receipt of the package by sending an email to the address: info@nerogiardini.fr .
In the event of lack of conformity, NeroGiardini will bear the return costs and replace the item as soon as possible and at their expense. If the replacement of the article is impossible, the Customer may either return the article and have the price refunded, or keep the article and be reimbursed part of the price in the form of a voucher to be redeemed on the site www.nerogiardini .fr .
7.6.1 Accuracy of delivery data
Delivery address: If all or part of the delivery address turns out to be incorrect, obliging NeroGiardini to return the order, it is up to the Customer to bear all the consequences (delay in delivery, additional delivery costs, etc.).
NeroGiardini cannot be held responsible for the impossibility of delivering the goods in the event of an error on the part of the Customer.
NeroGiardini cannot be held responsible for a delay in delivery beyond its control such as a strike by the transport supplier or force majeure.
In accordance with article 47 § 1 of the Belgian law of April 6, 2010 relating to market practices and consumer protection, the consumer has a withdrawal period of 14 calendar days from the day after the day of delivery. to return the items purchased and not suitable for him. To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (eg letter sent by post or e-mail). For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
You must send back or return the goods without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been complied with if you return the goods before the expiry of the period of fourteen days.
Your liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
At NeroGiardini , the customer has 14 days from the date of shipment of the items to return the items (except sale items), subject to compliance with the conditions set out in the paragraphs below. This right of return within 14 days does not limit the legal rights and guarantees. All returns must first be reported to NeroGiardini Customer Service by e-mail to info@nerogiardini.fr mentioning the reference of your order and the item you wish to return. NeroGiardini will confirm that the return has been notified to him and will detail the return procedure to be followed. Return costs are the responsibility of the Customer. We recommend that you request the return within 7 days of receiving your order to ensure that it reaches the store within 14 days.
The postal package must be returned with acknowledgment of receipt to the following address:
NeroGiardini Belgium
Rue de la Tuilerie 107
4030 Grivegnée
BELGIUM
Only items returned as a whole will be taken back, in their original packaging complete and intact, showing no signs of wear indicating that they have not been worn and in perfect condition for resale. Upon receipt of the package, NeroGiardini will judge the perfect condition of the returned goods. Any item that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. In the case of an exchange, if the returned items have been visibly used or damaged by the customer and this use or damage renders them unfit for sale, NeroGiardini may exercise all corresponding recovery actions with the customer.
If the customer's order includes several items and he wishes to return more than one item, he must select during this return request all the items he wishes to exchange or obtain a refund.
If the customer wishes to return items from different orders, he must separate the said items in different packages when returning. Any return of items from different orders that do not comply with this condition cannot be processed according to the deadlines set out in our GCS.
In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the reimbursement of the sums paid, or the exchange of the article. In the case of an exchange, the re-shipment will be at NeroGiardini 's expense. One exchange per item is permitted.
In the event of a request for reimbursement, NeroGiardini undertakes to reimburse the sums paid by the consumer within thirty days.
We will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this refund will not incur any costs for you. The refund will be made by one of the cancellation procedures below:
8.4.1 Mastercard/Visa: The refund will be made primarily by canceling the payment via our Shopify payment interface.
8.4.2 Paypal: Reimbursement will be made primarily to the user's Paypal account.
8.4.3 Other: Under all other conditions and regardless of the means of payment used for the order, the user will be reimbursed by bank transfer.
No cash refund will be made by NeroGiardini in the event of the return of one or more items paid for by gift card. The corresponding card will be automatically credited with the corresponding amount by the partner concerned.
In the event of receipt of a return package whose content does not comply with the return request or whose items do not comply with the return conditions mentioned above, NeroGiardini reserves the right to exercise any corresponding recovery actions. with the customer.
All elements of the NeroGiardini website, namely texts, comments, illustrations, images and sounds, are, except for public documents and additional details, the exclusive property of NeroGiardini . They are protected as such by copyright.
Any representation, reproduction, distribution and redistribution, partial or total, of the elements of the NeroGiardini website other than for private, non-commercial or educational purposes, is strictly prohibited and constitutes infringement, except with the express prior authorization of NeroGiardini . This authorization may be withdrawn at any time.
Any person wishing to place on his site a simple link or a hypertext link leading directly to the home page of the NeroGiardini website can only do so with the prior written authorization of NeroGiardini . This authorization may be withdrawn at any time. NeroGiardini accepts no responsibility for the content of sites linked to the NeroGiardini website.
NeroGiardini strives to ensure, to the best of their ability, the accuracy and updating of the information on the website, the content of which they reserve the right to correct at any time and without notice.
NeroGiardini declines all responsibility for any imprecision, inaccuracy or omission relating to the information available on the site; for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the site; and more generally for all damages, direct or indirect, whatever the causes, origins, nature or consequences, caused by reason of anyone's access to the website or the impossibility of accessing it, as well as the use of the website and/or the credit granted to any information coming directly or indirectly from the latter.
The photographs reproducing the articles are not contractual and are published for information purposes only.
10.2 Accessibility of the site
The website is accessible 24 hours a day, 7 days a week, with the exception of cases of force majeure, computer difficulties, difficulties related to the structure of communication networks or technical difficulties. For maintenance reasons, NeroGiardini may interrupt the site at any time.
NeroGiardini is committed to providing quality items. NeroGiardini accepts no liability for any defect in the article.
In application of the Belgian law of December 8, 1992 relating to the protection of privacy with regard to the processing of personal data, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and are intended for internal use by NeroGiardini . The communication of this data may be decided by NeroGiardini , under legal conditions, to meet legal and regulatory obligations. This information will in no case be disclosed to third parties or resold.
The Customer has a right of access, modification, rectification and opposition with regard to the information concerning him, under the conditions provided for by the law and the regulations in force and which are specified in the sections "General Conditions of Sale” and “Privacy” accessible on the website.
In accordance with article 8 of the Belgian law of March 11, 2003 on certain legal aspects of information society services, NeroGiardini ensures the conservation of the writing noting the customer's order for a period of ten years from the date of the date of delivery of the items that were the subject of the said order and guarantees him access to them at any time during this same period.
12 Applicable law, competent courts and contract language
By express agreement between NeroGiardini and the Customer, the website as well as all acts arising from it – including these General Terms and Conditions of Sale – are governed by Belgian law.
The Customer and NeroGiardini will do their utmost to amicably resolve any conflicts that may arise from the application of these General Terms and Conditions of Sale by calling NeroGiardini's Customer Service, which is empowered to take all necessary measures to resolve these conflicts.
In the event of litigation, the Courts and Tribunals of the district of LIEGE (Belgium) will have sole jurisdiction.
NeroGiardini's contractual relations with the customer are governed by Belgian law.
The language of the proceedings is French.
The site was written in French.
13 Date of the last update of the legal notices
The last update of the legal notices dates from July 1, 2023.