It is in 1996 that we created Noukie's, in Belgium. Our wish was to offer to the smallest children (and their parents), a remarkably soft toy, with short pile and embroidered eyes, to ensure both safety and hygiene; an innovation was born.
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The purpose of these general sales conditions is to set out the rights and obligations of Noukie’s SA (the “Vendor”) and the buyer/user (the “Customer”) in the context of the online sale of articles offered on the noukies.com website. Exemptions or amendments can be made only by express written agreement.
After selecting the desired articles, and before validating the order, the Customer will see a summary of the order appear in the screen, showing among other things the articles selected and the total price (including delivery costs) due by the Customer.
The order will not be definitively validated until the Customer has paid.
The Vendor reserves the right not to validate the order in the event of:
non-availability of the article ordered;
the existence of (a) dispute(s) with the Customer;
total or partial non-payment for a previous order of the Customer’s;
a bank's refusal to authorise payment by debit or credit card.
3- PRICE AND PAYMENT
The prices of the articles on the website are given in euros and include VAT and any other taxes payable in the Vendor’s country (excluding any import duty payable in the Customer’s country, which is for the Customer’s account).
The delivery charges are clearly indicated in the order summary, which also shows the total price (including delivery charges) payable by the Customer.
Payments are made in collaboration with OGONE. This approved partner guarantees the secure use of the Customer’s credit or debit card on the Internet. The Customer’s credit or debit card details are processed by means of an SSL (secured socket layer) connection. The Vendor accepts payments via Bancontact online and by credit card (MasterCard, PayPal, American Express and Visa). The price must be paid in full at the time the order is placed. Cards are charged when the order is dispatched.
Upon payment, an acknowledgement of receipt containing a summary of the order is sent to the Customer by e-mail.
4- DELIVERY METHODS, TIMES AND COSTS
Depending on the address for delivery, the Customer can choose the means of delivery. The Vendor dispatches packages through the following service providers. (The choice of providers may vary depending on the country,)
The Vendor will use its best efforts to dispatch the order within an average of three business days of the Customer’s online validation of the order.
By validating the order the Customer acknowledges and accepts the flat-rate delivery charges indicated in the order summary. For deliveries outside the European Union, the Customer must take account of any additional costs (taxes, import duty or customs fees). Any such costs will be invoiced directly by the carrier.
5- COOLING-OFF PERIOD AND RETURNS
5.1 Right of withdrawal
The Customer has the right to withdraw from the contract by notifying the Vendor in writing (firstname.lastname@example.org or to the address indicated hereunder), using the specimen withdrawal form or by means of an unambiguous declaration, within 14 days of receiving the order. In this case, the Customer must, at his/her own expense, return the articles in their original packaging, unworn and unwashed, to the following address: Noukie’s, Customer Service Department, Avenue Zénobe Gramme 21, 1480 Saintes, Belgium. The articles must be accompanied by all the labels, both those sewn inside and all the packaging labels.
They must also be accompanied by a delivery note (available with the order). Reimbursement for the returned articles will be made no later than 15 days after the reception of these by the Vendor. Delivery and return charges are for the Customer’s account and will not be reimbursed.
5.2 Claims and returns
The Vendor pays particular attention to the packing and protection of the articles it dispatches. In the event of a claim in respect of the condition in which the articles are delivered, or of missing articles, the Customer must inform the Customer Service Department within 14 days of receiving the order.
This notification can be made by e-mail (email@example.com), telephone (+32 (0)2 367 95 00 from Monday to Thursday from 8.30 a.m. to 5.30 p.m. and Fridays from 8.30 a.m. to 4.45 p.m.) or by post to the attention of Customer Service Department (Avenue Zénobe Gramme 21, 1480 Saintes, Belgium).
The Customer must return the articles in their original packaging, unworn and unwashed, to the following address: Noukie’s, Service Customer Service Department, Avenue Zénobe Gramme 21, 1480 Saintes, Belgium. The articles must be accompanied by all the labels, both those sewn inside and all the packaging labels. They must also be accompanied by a delivery note (available with the order). Reimbursement for the returned articles will be made not later than 15 days after their reception by the Vendor. The cost of returning defective or incorrect articles will be for the Vendor’s account.
Except if there is a legitimate reason, no claim made after 14 days have elapsed from receipt of the order will be accepted.
All our articles carry a two-year warranty for any manufacturing defect. Reimbursement will not be carried out until the Vendor has validated the defect.
7- PROTECTION OF PERSONAL DATA
The personal data of users of the website are gathered and stored for purposes of contract execution and for managing orders. Users have the right to object, on demand and free of charge, to their personal particulars being processed for purposes of direct marketing. They also have the right to rectify or remove their particulars at any time, free of charge.
Personal data are treated in accordance with the legal provisions in force.
8- RESERVATION OF TITLE
The articles delivered remain the property of the vendor until the price has been fully and definitively paid. In the event of non-payment, the vendor reserves the right to repossess the articles ipso jure and at the Customer’s expense.
9- APPLICABLE LAW, JURISDICTION
These general sales conditions are governed by Belgian law.
In the event of dispute, the parties shall endeavour to reach an amicable solution. If an amicable solution cannot be reached, the dispute may be submitted to the complaints management or dispute resolution systems put in place by BeCommerce.
Any legal action shall be brought before the courts of the judicial arrondissement of Nivelles.