GTC (GENERAL TERMS AND CONDITIONS OF SALE)

Last update: 04/23/2025

The site www.nilazur.com is published by Nilazur, a sole proprietorship, with intra-community VAT number FR04000169036 and registration number at the Monaco RCI 22P10099, headquartered at 4/6 Avenue Albert II, 98000 Monaco (c/o Monacoboost). Phone: +377 92 00 20 97. Email: contact@nilazur.com. The publishing director is Mrs. Fawzia Farouk, in her capacity as manager.

The store hosting is provided by SHOPIFY Inc., headquartered at 126 York St., Ottawa, ON KIN 5T5, Canada.

At any time, customers can contact Nilazur's customer service.

Article 1 - SCOPE OF APPLICATION

The GTC define the rights and obligations of the parties within the framework of distance selling of products offered by Nilazur to customers (on the site, on mobile app, in catalogues…), excluding other sales notably physical private sales or through authorized resellers, or sales to professionals - which are governed by their respective general conditions.

Any registration on the site, use of the site, or placing an order, whether on the site or by any other remote communication means (phone…), constitutes acceptance of the GTC by the customer. Nilazur reserves the right to modify the GTC at any time and without notice, it being specified that only the GTC in effect on the date of site use and/or order placement by the customer will apply. Nilazur's failure to invoke any provision of the GTC shall not be interpreted as a waiver to invoke it later.

ARTICLE 2: PRODUCTS

2.1 General:

Products sold by Nilazur comply with current Monegasque and French regulations. They are described as precisely as possible (product sheets, photographs…). The photographs used by Nilazur to present the products have no contractual value. If needed, the customer is invited to contact Nilazur's customer service for any useful clarification.

2.2 Availability:

Products are sold while stocks last. In case of stock depletion, Nilazur will make every effort to clearly indicate this and to prevent the purchase of the concerned product. Despite all precautions taken, it may exceptionally happen that an ordered product is no longer available. In such a case, Nilazur commits to immediately inform the customer and, if applicable, to refund the full amount paid using the same payment method previously used by the customer.

ARTICLE 3 - PRICES

3.1 Pricing currency:

The customer hereby acknowledges and agrees that the sale price of the products depends on the delivery country, which determines the currency in which the price will be shown.

In the event that the customer's delivery country was not referenced by Nilazur on the day of the order, the customer acknowledges and agrees that all prices shown on the product pages of the site are in euros, and that the sale price of the product results from converting the price shown on the site into the currency of the delivery country using the exchange rate applicable at the time of order confirmation.

If the payment card used by the customer applies a currency different from that indicated on the invoice, the sale price of the products will result from converting the price shown on the invoice into the currency applicable to the customer's payment card using the exchange rate applicable at the time the payment card issuer processes the transaction.

3.2 Taxes:

The prices shown include all taxes (VAT and other applicable taxes on the day of the order) for deliveries to Monaco, the European Union, Liechtenstein, Norway, and Iceland.

Outside these delivery countries, different tax rules and additional fees may apply. You may have to pay import duties upon receipt of the products. If they are not included, we have no control over these fees and cannot inform you of their amount. You will be responsible for paying these import duties and taxes that are not included. Please contact your local customs office for more information and an estimate of the landing cost before placing your order.

3.3 Shipping fees:

The product prices shown on the website should be understood as excluding shipping fees, unless otherwise stated.

For deliveries to Monaco and France, shipping fees are charged as a flat rate and are free for purchases over €200 or if you choose the courier option.

For deliveries within the European Union, Switzerland, Liechtenstein, and Norway, shipping fees are charged as a flat rate and are free for purchases over €250.

3.4 Price variations:

Errors: Although we strive to ensure the accuracy of all details, descriptions, and prices appearing on the website, errors may occur. If we discover an error in the price of the products you ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, your order will be considered canceled. If you cancel and have already paid for the products, you will receive a full refund as soon as possible.

Price changes: Nilazur reserves the right to change its prices at any time. Products will be billed based on the rates in effect at the time the order is confirmed.

Article 4 – ORDERS

To order products, the Customer must be legally capable, over 18 years old, and possess a valid credit or debit card (see details of accepted payment methods). By placing an order, the Customer commits that all information provided is true and accurate, that they are legally capable and over 18 years old, that they are an authorized user of the credit or debit card used to place the order, and that there are sufficient funds in the account to cover the cost of the order.

4.1. Product selection and cart review:

After reviewing the products offered by Nilazur and, if applicable, contacting Nilazur customer service, the Customer is invited to add one or more products to their virtual cart. A summary of their order is then presented (product references, quantities, unit price, total price including tax…) so they can, if necessary, modify their order before finalizing it. At this stage, Nilazur informs the Customer of the accepted payment methods, delivery terms, and the possibility to return the ordered products within 14 days from the delivery date.

4.2. Identification, address, and delivery method:

Once their order has been verified, the Customer is invited to: (i) log in using their Nilazur credentials; (ii) choose or enter their billing and shipping addresses; (iii) select the delivery options for the products (timing, method, price…) from the options offered.

4.3. Payment and order confirmation:

Finally, the Customer (i) is informed that their order involves a payment obligation and that the personal data necessary for the execution of their order and the GTC are collected by Nilazur; (ii) chooses a payment method among those offered; (iii) accepts the GTC; and (iv) proceeds with the payment. The Customer may also (v) choose whether or not personal data concerning them is collected and processed by Nilazur, in accordance with the conditions stipulated in the Privacy Policy. A confirmation message summarizing the essential characteristics of their order and containing (or allowing them to download or print) the GTC is then sent to them. Otherwise, the Customer is invited to contact Nilazur's customer service.

4.4. Telephone order:

After carefully reviewing all the essential features of the products marketed by Nilazur and these general terms and conditions of sale, the Customer is invited to select and specify to Nilazur the product(s) they wish to order (reference number, color…), provide all the information necessary for the execution of their order (contact details, delivery address…), and then pay for their order using one of the offered payment methods. A confirmation message will then be sent to them under the conditions provided in article 4.3 above.

4.5. Pre-order:

The Customer is aware that they may also have the option to pre-order a selection of Products on the Website before their launch or commercial distribution.

The Customer acknowledges that these Products are not yet available for delivery at the time the relevant order is submitted. Products available for pre-order are clearly identified and marked on the Website with the label "Pre-order" or "Pre-ordered Product," while customizable Products are marked with the label "Customized Products."

The Customer agrees that if they pre-order a Product and/or order a Customized Product, the corresponding price, indicated on the Website and displayed in the Cart section, will be charged in advance upon receipt of the confirmation email, even though the Pre-ordered or Customized Product is not yet ready to be shipped.

The Pre-ordered Product and the Customized Product will be delivered to the Customer within the estimated timeframe specified in the Product page description.

If the order sent by the Customer also contains one or more Pre-ordered and/or Customized Products, all prices related to this order will be charged in advance to the Customer at the time of receipt of the confirmation email, even if these Pre-ordered and Customized Products will be delivered on the estimated delivery dates specified in the Product page descriptions.

Any other specifications related to payment, delivery, and confirmation of pre-ordered and customized Products are mentioned below in the respective sections.

The Customer acknowledges and agrees that, except as specifically provided regarding pre-ordered and customized Products, the other sections of these General Terms and Conditions of Sale will also apply to these Products.

Any order placed on the Website implies express acceptance of the Terms and Conditions of Sale, without this acceptance being conditioned on signing a written document.

This purchase offer binds the Customer as soon as they confirm payment by clicking on "Pay now".

The website allows the Customer to review their order and correct any errors before completing the purchase. Please take the time to read and verify your order at each step of the process, as you are responsible for the completeness, accuracy, and updating of the information provided.

After receiving an order, Nilazur will send the Customer an acknowledgment email, including an order summary, the order number, and a copy of the Terms and Conditions of Sale. This email is only an acknowledgment for informational purposes and does not constitute acceptance of the order by Nilazur. Nilazur will accept the order by shipping and subsequently sending the invoice.

All orders are subject to availability and order price confirmation. Nilazur reserves the right not to record a payment and not to confirm an order. Nilazur will inform the Customer of the reasons for non-confirmation of their order if requested.

Notwithstanding any contrary provision, Nilazur reserves the right to refuse, cancel, and terminate orders at any time, subject to legitimate reasons under applicable law. For example, Nilazur may refuse or cancel an order in case of an ongoing dispute regarding payment of a previous order or if Nilazur suspects, at its sole discretion, that the Customer has engaged in fraudulent or grey market activities, that the quantities ordered are abnormally large for a consumer, or when the Customer systematically returns their orders.

When the Customer visits the Site and/or submits an order, they communicate electronically and agree that all agreements, notices, disclosures, and other communications we send to them electronically (whether on our behalf or on behalf of Partners) satisfy any legal requirements. The Customer understands that they are responsible for all electronic communications and all content sent to us from their computer.

The Customer declares having read all the information provided; the recorded confirmation constitutes proof of the transaction. The order confirmation is considered a signature and acceptance of the operations performed.

All information related to a given order can be found in the "Order Tracking" section of the Customer's personal area.

Risks related to the product are retained until delivery to the Customer at the address provided by them during the order.

This article is a key element of Nilazur's commitment, without which it would not have engaged under the same financial conditions. It is justified by the nature of the reciprocal obligations of the parties and cannot be challenged by cancellation or termination of the contract.

Article 6 – PAYMENT

6.1 Accepted Payment Methods

Nilazur only accepts credit cards and other payment methods expressly indicated on the website.

6.2 Credit Card Payments

The Customer confirms that they are the owner of the credit card used for the purchase and guarantees the accuracy of all data entered during the purchase, including:

The credit card number,
The expiration date,
The security code (if applicable).

Transaction amounts will only be debited from the Customer after:

Verification of credit card data,
Receipt of debit authorization from the card issuer,
Confirmation by Nilazur of product availability, and after the order is ready to be processed.

For orders containing only Preordered or Customized Products, as well as those containing available products, the total amount will be charged at the time the Confirmation Email is sent. This includes all available products as well as those preordered or customized that are not yet ready to be shipped.

No amount will be debited at the time of order submission.

6.3 Other Payment Methods

For payments made through other payment service providers, the Customer guarantees that they are the owner of the account used for the purchase. The transaction amount will only be debited after receipt of Nilazur's Confirmation Email.

6.4 Product Shipping

Purchased products will only be shipped after full payment of the amount due by the Customer. If the Customer cannot be charged for any reason, the sales process will be automatically stopped and canceled, and the Customer will be informed.

6.5 Product Unavailability

In case one or more products are unavailable, if the Customer chooses not to cancel the entire order, they will only be charged for the available products, as well as any associated shipping fees.

Article 7 – DELIVERY

7.1 Delivery Areas

To date, Nilazur delivers to Monaco, mainland France, the European Union, Switzerland, Norway, Liechtenstein, and the United Kingdom. Orders to addresses outside these areas are not possible through the system, but you can contact us and we would be happy to do our best if you are outside this zone.

7.2 Delivery Methods

The proposed delivery method is Colissimo with signature or DHL. The order can be sent to an address different from the billing address.

7.3 Delivery Times

Delivery times may vary depending on product availability and the delivery address. Delays may occur due to factors beyond Nilazur's control. In such cases, we will strive to deliver the products as quickly as possible, without being liable for losses caused by such delays.

Products will be shipped separately as soon as they are available, unless the Customer has chosen to receive the entire order in a single delivery. The Customer's signature will be required upon receipt. For more details, you can consult our page on deliveries and returns.

7.4 Delivery Options

Our delivery partner may, at the Customer's request, leave the package outside or offer optional services such as:

a) Waiver of signature,
b) Delivery to a neighbor or a pickup point,
c) Rescheduling the delivery,
d) Redirecting to a pickup point.

Nilazur cannot be held responsible for any loss or damage resulting from the use of these services.

7.5 Orders Sent to PO Boxes

Nilazur will not process orders sent to PO boxes and requires the recipient's identity to be clearly identifiable.

7.6 Shipping Fees

All shipping fees will be clearly indicated at the end of the ordering process before purchase confirmation.

7.7 Delivery Time

According to applicable law, Nilazur commits to delivering products within 30 days following the execution of the contract, except in cases of force majeure.

For orders containing Preordered or Customized Products, the delivery time may be longer, with estimated delivery dates provided on the product page.

7.8 Right of Withdrawal

If Nilazur does not deliver the products within the agreed timeframe, the Customer may request delivery within an additional period. If the product is still not delivered within this period, the Customer may terminate the contract.

7.9 Split shipment

Nilazur reserves the right to split the order into multiple shipments depending on product availability. The Customer will be informed of the shipment by an email containing a tracking code.

7.10 Delivery assistance

Nilazur's customer service is available to assist the Customer in case of delivery issues, by email at contact@nilazur.com.

7.11 Risk of loss

The Customer assumes the risk of loss or damage to the products as soon as they or a designated third party takes possession of the products.

Article 8 - PRIVACY POLICY

We use your personal information only in accordance with our privacy policy. Please take the time to read it carefully, as it contains important information about how we collect and use your data. By using the site, the Customer consents to the use of their data as described in our Privacy Policy and guarantees that all data provided is accurate.

Article 9 - PRODUCT DESCRIPTION

Before placing an order, the Customer can find on the site a description of the essential features of the products they wish to order.

We strive to be as accurate as possible in the description of products displayed on the site. However, we cannot guarantee that all details are always accurate, complete, or error-free. The site content is provided for general information only. Please contact our dedicated advisors for any questions. Product images on the site are provided for illustration purposes only. Although we have made considerable efforts to ensure that the visual representations of Nilazur products accurately reflect the color, design, and style of the original products, slight variations, distortions, and/or differences may appear compared to the original product.

The Customer acknowledges that the website content may change and that Nilazur reserves the right to modify the range of products offered at any time. The Customer also acknowledges that the products offered on the website may differ from those available during Nilazur's physical sales.

If you nevertheless receive a product that appears damaged, you can return it to Nilazur in accordance with our return policy. Upon receipt, Nilazur may classify the returned product as defective. Please note that items damaged due to normal wear and tear are not considered defective.

Article 10 - WARRANTY

Nilazur commits to applying the legal warranty provided by Articles 1444 and following of the Monegasque Civil Code, including the legal warranty of conformity and the legal warranty for hidden defects.

We remind you of the following legal provisions:

Article 1483 of the Monegasque Civil Code and Article 1641 of the French Civil Code: "The seller is responsible for hidden defects of the sold item that make it unfit for the intended use, or that so diminish that use that the buyer would not have acquired it, or would have paid a lower price, had they known of them."
Article 1490 of the Monegasque Civil Code (free translation): "(...) the action resulting from hidden defects must be brought by the buyer within six months of discovering the defect."

For purchases with delivery in France only:

You have a legal warranty of conformity (Articles L. 217-3 and following of the Consumer Code):

You have a period of 24 months from the delivery of the products to invoke this warranty;
You can choose between repair or replacement of the products, under the conditions provided in Article L. 217-12 para. 2 of the Consumer Code;
You are exempt from proving the existence of the conformity defect during this 24-month period.

The legal warranty of conformity applies independently of any commercial warranty that may be granted.

Article 1648 para. 1 of the French Civil Code: "The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect."

You can also choose to invoke the warranty for hidden defects. In this case, you can choose between canceling the sale or reducing the sale price in accordance with Article 1648 of the French Civil Code.

Article 11 – CANCELLATION, RIGHT OF WITHDRAWAL, AND RETURN TERMS

11.1 CANCELLATION

Nilazur accepts cancellations, for any reason, before your order has been processed by the store. After that, you will no longer be able to cancel your order, but you can return the products if you wish. If you have not yet received an email confirming that your order has been processed, you can cancel it here. You can also contact our customer service using the contact form.

11.2 RIGHT OF WITHDRAWAL

The Customer has a right of withdrawal which they can exercise, without having to justify reasons, within fourteen (14) full days from the receipt of the ordered products.

To simplify the exercise of the right of withdrawal, Nilazur asks customers to notify it by email (contact@Nilazur.com).

Products must be sent back by registered mail with signature, in perfect condition, complete (accessories, manual, warranty...), accompanied by the invoice and a note explaining the Customer's contact details and their wish to receive a refund or credit, to the following address:

Nilazur
4/6 Avenue Albert II
98000 Monaco
(c/o Monacoboost)

Return shipping costs with signature confirmation remain the Customer's responsibility, except if the product received is not compliant or has a manufacturing defect. Any customs fees related to returning products from a foreign country are also the Customer's responsibility.

Nilazur strongly advises its customers to return products via Colissimo, Lettre Max, or UPS. The Customer also has the option to choose the carrier of their choice. However, return shipping costs and associated risks are the Customer's responsibility. It is therefore recommended to keep proof of this return, which means the products must be returned with parcel tracking and signature confirmation or by any other means providing a definite date.

The right of withdrawal – in addition to respecting the deadlines and conditions described above – is considered properly applied in the following cases:

You have 14 days to send your return following the receipt of your order; after this period, we cannot guarantee a refund.
We invite you to notify us of your return request by email or phone.
Once your return package has been received by our services and complies with our return policy, we will refund you via your original payment method.
We advise you to carefully check the products received before discarding the original tags and packaging.
Clothing must be returned unworn, unwashed, undamaged, and with their original tags. Items and accessories must be returned in their original boxes and inside a package.
If the product was delivered with a security tag, it must remain attached. If the tag is removed, the returned product will not comply with our return policy and will not be refunded.
Cosmetic products and candles without their cellophane are neither refunded nor exchanged.
We recommend returning products in their original packaging to ensure necessary protection during transport.
Returned products are refunded excluding original shipping costs.
We do not accept returns of earrings (fine or costume jewelry) or any fine jewelry.

Nilazur will refund you, in addition to the amounts received for the purchase of the products, the shipping costs for the delivery of the purchased products, only if the return of the products is due to a reason attributable to Nilazur, for example if the products do not have the essential promised characteristics or if there are errors in their delivery. In the latter case, you may inform us by email or phone.

If the terms and conditions for exercising the right of withdrawal have not been met as above, you will not be entitled to a refund of amounts already paid to Nilazur. However, you may obtain your products at your own expense in the condition in which they were returned to Nilazur. Otherwise, Nilazur may retain the products in addition to the amounts already paid for their purchase.

Once your return has been received by the store and complies with our return policy, we will refund you via your original payment method. Refunds may take up to 14 days depending on your bank. Returned products are refunded excluding original shipping costs and return shipping fees (borne by the Customer).

Article 11 - EVENT BEYOND CONTROL

By an event beyond our control, we mean any act or event beyond our reasonable control, such as force majeure, wars, terrorist attacks, embargoes, riots, strikes, lockouts, trade disputes, fires, floods, earthquakes or other natural disasters, breakdowns, bad weather, transport interruptions, government measures, or failures of public or private telecommunications or transport networks.

If such an event occurs and affects the performance of our obligations to the Customer: (i) we will contact the Customer as soon as reasonably possible to inform them; and (ii) our obligations to the Customer will be suspended for the duration of the event. If the event affects the delivery of products to the customer, we will contact the customer to set a new delivery date once the event has ended.

Please note that we provide the website for private use only and, therefore, we have no liability to the client for any loss of profit, business loss, business interruption, or loss of business opportunity.

Claims - We have established a claims handling procedure that we will use to try to resolve disputes as soon as they arise; please let us know if the client has any claims or comments. Please see our "Contact Us" page for how to reach us.

Article 12 - INTELLECTUAL PROPERTY, SOFTWARE, AND CONTENT

We are the owner or licensee of all intellectual property rights on the website and its content (such as texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, including their presentation and compilation) (the "Content"). The rights to the website and its content are protected by international copyright laws as well as any applicable national copyright, authors' rights, and database rights laws. All these rights are reserved.

The Client must not systematically extract and/or reuse parts of the website or its content. In particular, the Client must not use data mining tools, robots, or other similar data collection and extraction tools to extract (one or more times) significant parts of the website for reuse. The Client must not create and/or publish their own database that includes significant parts of the website (for example, our prices and product lists) without our prior written consent.

We support the Client establishing a link to the website, but it must be done in a fair and legal manner that does not harm our reputation or benefit from it (for example, by using a link that suggests some form of association or endorsement by us). We reserve the right to withdraw permission to create links at any time, and if we ask the Client to remove a link to the website, they must do so without delay.

When the website contains links to other websites and resources provided by third parties, these links are provided for information purposes only. We have no control over the content of these sites or resources, and such links should not be interpreted as an endorsement by us. We will not be responsible for any loss or damage that may result from your use of these sites.

Article 13 - MISCELLANEOUS

If any provision of the GCS is declared null or unenforceable by a court, the other provisions shall remain fully in effect, unless such unenforceability significantly affects the balance of the GCS. There is no joint liability between the Customer and Nilazur towards a third party.

Article 14 - LIMITATION OF LIABILITY

Nilazur shall not be held responsible for any facts directly or indirectly related to the use of products that do not comply with the usage recommendations that Nilazur has previously provided to the Customer, including those in any user manual.

No provision of the GCS shall limit or exclude our liability for any liability that cannot be limited or excluded by applicable law.

Subject to the preceding sentence, in no event shall our total liability to you under the GCS for any order exceed the total price of the product(s) actually paid by the Customer.

This clause is a key element of Nilazur’s commitment, without which it would not have engaged under the same financial conditions. It is justified by the nature of the reciprocal obligations of the parties and cannot be challenged by cancellation or termination of the contract.

Article 15 - USE OF THE WEBSITE

This article sets out the rules applicable to the use of the site (whether the Customer uses it to order products or simply to browse). By using the site, the Customer agrees to these rules. If the Customer does not accept these rules, they are not authorized to use the website and must stop using it immediately.

We reserve the right to withdraw or modify the website without notice and, from time to time, we may restrict access to all or part of the website. We will not be liable to the Customer if, for any reason, the website is unavailable at any time or for any period.

We may update or modify the website or its content at any time.

We strive to ensure that the information provided on the website is accurate and up to date. However, we make no representations and give no warranties, express or implied, regarding the accuracy, completeness, timeliness, or absence of errors or omissions on the website or its content. To the fullest extent permitted by law, we exclude all conditions, warranties, representations, or other terms that may apply to the website or its content, whether express or implied.

We shall not be liable to the Customer or any other user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with: (i) the use of or inability to use the website; or (ii) the use of or reliance on any content displayed on the website.

We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or any other technologically harmful material that may infect your computer equipment, software, data, or other proprietary material due to your use of the website or your downloading of any content from it or any website linked to it.

Article 16 - CONSUMER MEDIATION

If you are a consumer residing in the European Union, you have the right to submit a complaint to an alternative dispute resolution (ADR) body. To obtain a list of ADR bodies in your country, you can consult the European Commission’s online dispute resolution platform at http://ec.europa.eu/consumers/odr.

Article 17 - APPLICABLE LAW AND JURISDICTION

If Nilazur has displayed or provided a translation of the English version of the GTC, the Customer agrees that the translation is provided for convenience only and that only the French version shall govern access to the site, use of the site, or contractual relations between Nilazur and the Customer.

Nilazur may modify these GTC at any time by publishing the amended and restated contract on the website. The amended and restated GTC take effect upon publication. Nilazur’s publication of the updated and amended GTC and continued access to or use of the website are considered acceptance of the modified terms.

Everything concerning your order, the use of the websites, or the GTC is governed solely by the law of Monaco. If the laws of Monaco differ from the mandatory laws of your own country, we will provide you with similar protection unless you fail to inform Nilazur of your country of residence.

The courts of Monaco shall have exclusive jurisdiction over any dispute or claim relating to the GTC, their validity, interpretation, execution, termination, or consequences, even in the case of multiple defendants or third-party claims. The Customer waives any jurisdictional privilege.

The Customer agrees that in case of any conflict with the English version, only the French version shall prevail.