General terms ans conditions of sale

1. Foreward

NEKTAAR SAS online sales service is reserved exclusively for adults purchasing for their individual non-professional use (not for resale) having consented to complete the mandatory fields presented on registration and having a shipping address located in one of the zones served by NEKTAAR SAS.
The present general and special sales conditions cover all of the items proposed on the website www.flavoor.com and alone govern relations between NEKTAAR SAS (simplified joint-stock company), having share capital of €15,000, and registered office at Toulouse (31000)3, rue Bergeaud, listed with the Toulouse Commerce and Companies Register (Registre du commerce et des sociétés de Toulouse) under the number 799 807 995 and identified by EU VAT number FR 84 799 807 995, and its customers on the Website, to the exclusion of all other conditions.

2. Acceptance of our general and special sales conditions

By submitting an order through our Website signify your full and entire acceptance of the present NEKTAAR SAS general sales conditions and any special sales terms and conditions applicable to your order (items ordered as shown on the Website within the limit of specified quantities, designation, price, ingredients etc.).
Please note that the Website provides a function that enables you to correct or modify your choice before confirmation. This function is accessible at all stages of the ordering process.
Changes in terms and conditions are binding to customers of the Site after they are posted online and can not apply to transactions concluded.
NEKTAAR SAS therefore invites customers to read carefully the terms and conditions in effect at each new order , those terms are available online at the website and available on demand at serviceclient@flaavor.com

3. Items

Each article proposed on the Website is the subject of a summary presentation indicating its designation, quantity and price.
Photographs used to illustrate our products are not contractual and are provided to illustrate the general appearance of the product. We may in no case be deemed liable for inaccuracies that may occur in photographs. 

4. Validity of proposition

The validity of our ranges is guaranteed only during the period of presentation online and within the limit of available stocks.
In the event that an item becomes unavailable after you have submitted your order, we will contact you by telephone or e-mail as quickly as possible in order to inform you of the situation and to agree with you:
- to postpone delivery while awaiting resupply of the product where this is possible,
- to cancel the order and reimburse any sum that may have been paid, in accordance with the terms and conditions defined in Article 10 here below. 

5. Username and password

You must select a username and a password when you place your first order. Your username and password are deemed to provide proof of your identity and you are accountable for any order submitted on the basis of these means of identification. They have the value of an electronic signature in the sense of the French Statute of 13 March 2000.
You are solely responsible for your username and password and you will be held solely liable for any consequences that may result from their use by third parties who have knowledge of them, unless it can be shown that the knowledge of your username and password is the result of a fault that can be directly attributed to NEKTAAR SAS.
Should you forget your password or username or if you have reason to think that a third party may have unwarranted access to them, a function on the Website enables you to retrieve your username and choose a new password.

6. Form of contract : operating mode and proof

6.1 Registration and confirmation of your order

Any order that you place gives rise to a simultaneous recapitulation before you are asked to confirm the order by indicating your choice of shipping address and means of payment. You are then asked to confirm your order.
As soon you confirm your order it is registered automatically and becomes firm and definitive, with the statutory reserves detailed in the following paragraph. Any order that is paid by credit card or debit card is only considered effective when your card issuer clears the sum concerned. If payment is refused by the card issuer, the order is automatically canceled; no indemnity is payable to the customer; the customer is notified of the refusal by an on-screen message from the card issuer. 
All orders with payment by gift voucher is considered definitive when payment is received and collected by NEKTAAR SAS.

6.2 Confirmation of reception of the order

NEKTAAR SAS confirms reception of your order. This confirmation is transmitted to you in the form of an e-mail listing the products ordered, the shipping address and the means of payment chosen, and indicating an order number. You are responsible for the information you provide when you submit an order. If you make a mistake when entering your address or that of the place of delivery, or as regards your name, forename, address, telephone number, e-mail address, entry code or floor, leading to the loss of the goods, you remain liable for the payment of the lost items and no indemnity or reimbursement shall be made.

6.3 Proof

The automatic registration systems of NEKTAAR SAS websites are deemed to provide a record of the nature, content and date (i) of your order, (ii) of confirmation of the reception of your order by NEKTAAR SAS and (iii) of all e-mails exchanged between NEKTAAR SAS and yourself.
Data relative to any transaction performed on the basis of the username will be stored and archived by NEKTAAR SAS and will serve as proof in the event of litigation, in conformity with the French Statute of 13 March 2000 concerning electronic signatures and records. Such data will have probative force in the event of any dispute between the parties and may be conserved by NEKTAAR SAS for an unlimited period.

7. Prices

Prices are expressed in euros, in dollars and livres sterling. NEKTAAR SAS indicates all prices both excluding and including sales tax.
Delivery fees are added on according to the order’s weight, volume and destination.
Prices for similar products sold by NEKTAAR SAS in its stores or on its catalogue may differ from prices on the website without this obligating
NEKTAAR SAS in any way. Customers are not entitled to purchase Internet products at store prices or Catalogue prices and vice-versa.

8. Payment

When you place your order you may choose to pay by credit or debit card or gift voucher. If you choose to pay by credit or debit card, you will be directed towards a secure CIC website that guarantees the confidentiality of your card details through protective encryption procedures. Only CB, Visa, and Mastercard cards and Paypal are accepted.

No items will be shipped until funds are received in the amount of the order to the credit of NEKTAAR's account as defined in Article 9 here below. The invoice will be sent by email to the billing address. If the amount of the order exceeds 1000$, NEEKTAR SAS may ask for a wire transfer of the amount of the order + delivery fees before delivering the items.

9. Shipping

9.1 General information

Orders will be shipped only after receipt of a duly completed, dated and signed order form, together with payment in full, by one of the approved means, of the price of the products plus delivery.
Any event defined by the relevant laws and legal precedent as force majeure which would delay or prevent procurement or make its cost exorbitant shall constitute, by express agreement, a cause for suspension or termination of NEKTAAR SAS’s obligations, without compensation to the customer if the event extends beyond a period of fifteen (15) days.
NEKTAAR SAS shall inform customers by any means appropriate of the occurrence of such an event to allow them to withdraw their orders by means of a simple response by mail.

9.2 Shipping Charges

Shipping costs are automatically calculated when the order is placed and appear on the page indicating the price of the order before final confirmation.

9.3 Lead times

9.3.1 In mainland France

Preparing orders require two (2 ) to three ( 3) business days . This period may be reduced in the holiday (festive) season. In it is added, usual delivery periods, excluding major holidays (Christmas, New Year’s Day and Easter) the lead time for delivery is typically two (2) to four (4) business days (i.e., excluding Saturdays, Sundays and bank holidays) from the date of NEKTAAR SAS’s receipt of the order form accompanied by payment in full.
During major holidays, these lead times can increase to a minimum of approximately thirty (30) days.

9.3.2 Outside mainland France

Depending on the products and country, lead-times can vary by several days or even weeks.
NEKTAAR SAS invites you to contact our VAD department verify the lead times for delivery applicable to your order.

9.3.3 Delivery deadline 

If, for any reason other than force majeure, the products ordered have not been delivered within a maximum of seven (7) days the sale may be cancelled on the customer’s request submitted by certified letter with return receipt requested.
This request has to go through for the deadline of 60 working days as from the Deadline of Delivery ; crossed this deadline the customer loses his right of rescind.
If the delivery can't be achieve between the sending and the reception of the letter of the customer ; the sums already paid will be refunding within a maximum period ofthirty (30) days following receipt of the notice of cancellation by bank transfer or by check.
Accordingly, any deliveries completed beyond the deadline delivery but before NEKTAAR SAS receive the customer's cancellation of the order, this one will in no way justify this cancellation of the order or give rise to damages, compensation or penalties.

9.4 Method and terms

For all deliveries will be shipped by “Chronopost” in France and in all countries accepting this form of shipment. The package will be delivered to home if the customer has selected the " Colissimo delivery"
In the absence of the recipient, if access denial (non- release access code) or in case of incomplete address , the package will be filed in the «Point Relay» or Post Office to the discretion of the carrier.
For all deliveries outside the European Union, the customer agrees to pay all taxes and duties imported goods that are payable at the time of delivery such as customs duties, value added tax and/or any other fees payable under the statutes of the country of destination.
NEEKTAR SAS disclaims all legal liability, should the customer not pay the required taxes,

9.5 Reception

Risk transfer will be at receipt of delivery by the Customer at the agreed place, who will alone, from that date, full responsibility for all damages that the products might suffer or cause. The Customer must check the condition of the goods upon arrival and ensure that they are fully compliant with the order.
In case of missing, loss or damage, Customer must make all reservations with the carrier responsible for Specifying, on the delivery, the kind and extent of the damage.
To enable NEKTAAR SAS to exercise its action against the carrier , the customer will confirm on the day of delivery, in writing ( email, mail or fax) to NEKTAAR SAS, the reservations made with the carrier.
In case of apparent defect of goods delivered, the customer has a period of three (3 ) business days of receipt thereof to form in writing ( mail, email, fax ) a claim with our services include a photograph clearly showing the damage. After this period, the products delivered will be deemed free from patent defects .
NEKTAAR SAS refund or replace at its expense the nonconforming product or affected a vice.

9.6 Return charges

If products ordered are returned to NEEKTAR SAS via the postal services or the carrier either:i) because of the failure by the addressee to pick up the package by the deadline indicated on the notice of attempted delivery left by the postal services or the carrier or (ii) the inability to reach the addressee as a result of errors or omissions in the contact information and/or delivery address, or (iii) if the package is refused by the addressee for personal reasons, all expenses shall be charged to the customer. These charges include:-
For deliveries in Mainland France: the return shipping costs to the NEEKTAR SAS warehouse as well as the shipping charges for the re-shipment of the products to the addressee, which shall be billed at the same price as for the initial delivery.-
For deliveries outside Mainland France: the return shipping costs to the NEEKTAR SAS warehouse and the taxes on imported goods as well as the shipping charges for re-shipment of the products to the addressee, which shall be billed at the same price as for the initial delivery for shipment by package post, or in other cases on the basis of the estimate provided by the carrier.However, and if the return shipping charges are greater than the value of the products plus the re-shipment costs, the products ordered shall be disposed of at the delivery site, in which case the merchandise disposal costs, the cost of the new parcel and the costs of re-shipping this new package to the addressee shall be charged to the customer.
MOST IMPORTANT : The right of withdrawal can not apply to contracts for the supply of goods made to the consumer's specifications or clearly personalized and perishable foods (such as chocolate, coffee, tea ... ) or the supply of goods unsealed by the consumer after delivery and can not be returned for hygiene or health protection reasons.

10. Warranty of product conformity

NEKTAAR is bound by a statutory warranty Against hidden defects on the products sold . Provided que la purchaser furnishes proof of the hidden defect dans le two- year time limit Imposed by Art . 1648 of the French Civil Code, the seller must repair all consequences thereof Legally.

11. Customer relation department

For any problems or further information, please contact our department either by phone at +33 7 83 16 91 01  (Monday to Friday from 9 a.m. to 6 p.m.) or by letter addressed to NEKTAAR SAS – 3 rue Bergeaud – 31000 Toulouse, soit par email à l’adresse suivante : serviceclient@flaavor.com, ou via the contact form available on the Site.

12. Personal information

By ordering from the website, the customer consents to the use of personal data collected on the order form.
You are invited to refer to paragraph " Privacy Policy " of our website www.flaavor.com to get all the information on this point.

13. Protection of minors

It is explicitly noted that, pursuant to Article L. 3342-1 French Public Health Code, the sale of alcohol to minors is prohibited. Anyone ordering from the website accordingly warrants that he or she is eighteen (18) years of age at the time of ordering.

14. Privacy policy

14.1 Privacy of your personal data

NEKTAAR SAS is fully committed to protecting the privacy of visitors to our Web site www.flaavor.com and customers . We do not disclose information about our customers to third parties unless necessary, particularly in order to provide a service - for example, to arrange the shipment of a product, make bank checks or security conduct research and studies on clients, or when you have given us your express permission to do so.

14.2 Your consent

We will not sell your name, address, e-mail address, credit card information or personal information to any third party without your permission, but we cannot be responsible or held liable for the actions of third party sites from which you may have linked or been directed to the NEKTAAR website (www.flaavor.com).

14.3 Connection via social networks

When you connect to our Website www.flaavor.com using an account on a social network (eg . Facebook or Google+ ) , we receive information from your basic profile that is publicly available . This information may include your ID used to identify you with social media , your names , networks, (or "circles" ) and sex. Depending on the platform of social network you use to sign in , we can get your email address, a list of your friends or people that follow you and your profile photo and / or cover photo .
Any personal information received by NEKTAAR SAS via our website will be treated according www.flaavor.com hereunder " Privacy Statement ". Any information collected because of your connection via a social network will be used for the needs of functionality and for analysis of the Website. No information obtained as a result of your connection via a social network will be used for marketing purposes except with your consent

14.4 Payment information

You can choose to save your payment details from our website Internetwww.flaavor.com so that your payments are facilitated . This information will be stored securely by us and if you want to change or delete this information from your account, you can do it in the "My Account" . If you have questions regarding the preservation of your payment information , thank you to send an email to serviceclient@flaavor.com

14.5 Communication & Marketing

If you have made a purchase from our store we may occasionally update you on our latest products, news and special offers via e-mail, post & telephone. You will also be given the opportunity to receive such communications from us and selected third parties when you become a member of NEKTAAR website via www.flaavor.com .
All members have the option to opt-out of receiving marketing communications from us and/or selected third parties. If you do not wish to continue to receive marketing from us and/or selected third parties you should opt-out by visiting 'Your Details' in 'Your Account' on the NEKTAAR website. You can access 'Your Account' once you register and login. Or click on the "unsubscribe" link in any email communications which we might send you.

14.6 Cookies

A cookie is an information file that is sent to your computer, mobile or other device when you visit a website and it will recognise your device on future visits. These types of files do a number of different jobs such as remembering your preferences and chosen items, assisting you to improve your site experience as well as trying to ensure that the adverts or offers you see online are more relevant to you. These “cookies” can be divided into 3 types each of which is outlined below.

CATEGORY 1: STRICTLY NECESSARY COOKIES

These cookies are essential in order to enable the site to provide services you have asked for such as remembering your shopping bag items.

CATEGORY 2: PERFORMANCE COOKIES

This type collect anonymous information on how people use the site and the data is merged with other users to enable us to improve how the site operates. For example we utilise Google Analytics cookies to help us understand how customers arrive at our site, browse or use our site and highlight areas where we can improve areas such as navigation, shopping experience and marketing campaigns. The data stored by these cookies never shows personal details from which your individual identity can be established.

CATEGORY 3: FUNCTIONALITY COOKIES

These remember choices you make such as language, search parameters such as size, colour or product line. These can then be used to provide you with an experience more appropriate with your selections and make the visits more tailored and pleasant. The information is also merged with other users on an anonymous basis to enable us to improve how the site operates. For example our Saved Items feature utilises a cookie to remember the products which you have expressed a wish to save whilst browsing our website.

14.7 Transfers of your information

The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for ASOS or one of our suppliers. Such processing may, for example, be required in order to fulfil your order, process your payment details or provide support services.
Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal data, but cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

14.8 Third party websites

Our site may contain links to and from the websites of our partner networks, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

14.9 Checking you details

If you wish to verify the details you have submitted to NEKTAAR SAS you may do so by contacting us via the e-mail address or address given below. Our security procedures mean that we may request proof of identity before we reveal information. This proof of identity will take the form of your e-mail address and password submitted upon registration. You must therefore keep this information safe as you will be responsible for any action which we take in response to a request from someone using your e-mail and password. We would strongly recommend that you do not use the browser's password memory function as that would permit other people using your terminal to access your personal information.

Accordance with the disposition of Law No. 78-17 of 6 January 1978 on computers, files and liberties, NEKTAAR SAS has made ​​the declaration of the file containing the personal data from the Commission Nationale Informatique et Libertés. Anytime, you have the right to access, rectify collected or opposition on the personal data about you. These rights may be exercised by writing NEKTAAR SAS - 3 Bergeaud Street - 31000 Toulouse or by sending an email to serviceclient@flaavor.com

15. Litigation

These general conditions and all transactions contemplated therein are subject to French law , excluding the provisions of the Vienna Convention. This applies to substantive rules as for the rules of form.
In case of dispute , the customer should first contact to NEKTAAR to find an amicable solution. The Customer is informed that he may in any case use a conventional mediation , particularly with the Commission 's mediation consumption or to the bodies existing sectoral mediation or any alternative dispute resolution (conciliation, for example) in case of dispute .
Failing amicable settlement , the case will be brought before the competent courts , provided that the time to act judicially are not interrupted during the research period for such amicable solution.

The Website is in accordance with French law, and in any case NEKTAAR SAS gives no guarantee of compliance with local laws would apply to you , when you access the Web Site from other countries

16. Legal notice

Head of Communications : Jack KAWA
Simplified joint stock company with capital of € 15,000,000
Head office: 3 rue Bergeaud – 31000 Toulouse
SIREN (company registration number) : 799 807 995 RCS Toulouse
Customer service : Tel.: +33 7 83 16 91 01
E-mail : serviceclient@flaavor.com
VAT : FR 84799807995
CNIL Registration Number : 17 42 187
Last updated : December 2014