CGV (GENERAL TERMS AND CONDITIONS OF SALE)

Last updated: 23/04/2025

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

The hosting of the store is provided by SHOPIFY Inc., whose registered office is located at 126 York St., Ottawa, ON KIN 5T5, Canada.

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

Article 1 - SCOPE

The GTC define the rights and obligations of the parties in the context of the distance selling of products offered by Nilazur to customers (on the site, on mobile application, in catalog, etc.), excluding other sales made notably in physical private sales or at authorized resellers, or sales to professionals - which are governed by the respective general conditions concerned.

Any registration on the site, use of the site, or placing an order, whether on the site or by any other means of remote communication (telephone, etc.), constitutes acceptance of the General Terms and Conditions (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 use of the site and/or placing an order by the customer will apply. The fact that Nilazur does not invoke any provision of the GTC cannot be interpreted as a waiver of its right to invoke it later.

ARTICLE 2: PRODUCTS

2.1 General provisions:

Products sold by Nilazur comply with the current Monegasque and French regulations. They are described as accurately 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 marketed within the limits of available stock. In case of stock exhaustion, Nilazur will strive to clearly indicate this and make it impossible to purchase 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 entire amount paid using the same payment method previously used by the customer.

ARTICLE 3 - PRICE

3.1 Pricing currency:

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

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 indicated on the product pages of the site are in euros, and that the selling price of the product results from the conversion of the price indicated 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 different currency than that indicated on the invoice, the selling price of the products will result from the conversion of the price indicated 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 indicated 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 of 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 cost upon delivery before placing your order.

3.3 Delivery fees:

The prices of products listed on the website should be understood as excluding delivery fees, unless otherwise stated.

For deliveries to Monaco and France, delivery fees are subject to 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, delivery fees are subject to a flat rate and are free for purchases over €200.

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 to 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 of order confirmation.

Article 4 – ORDERS

To order products, the Client must be legally capable, be over 18 years old, and possess a valid credit or debit card (see details of accepted payment methods). By placing an order, the Client agrees 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 verification:

After becoming aware of the products offered by Nilazur and, if necessary, contacting Nilazur's customer service, the Client is invited to add one or more products to their virtual cart. A summary of their order is then presented to them (product references, quantities, unit prices, total prices...) so that they can, if necessary, modify their order before finalizing it. On this occasion, Nilazur informs the Client of the accepted payment methods, delivery terms, and the possibility of returning the ordered products within 14 days from the date of delivery.

4.2. Identification, address, and delivery method:

Once his order is verified, the Client is invited to: (i) identify himself using his Nilazur credentials; (ii) choose or provide his billing and delivery addresses; (iii) select the delivery methods for the products (timing, mode, price...) from the options offered.

4.3. Payment and order confirmation:

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

4.4. Order by phone:

After having thoroughly reviewed all the essential characteristics of the products marketed by Nilazur and these general terms and conditions of sale, the Client is invited to select and specify to Nilazur the product(s) he wishes to order (reference number, color...), to provide all the information necessary for the execution of his order (contact details, delivery address...) and then to pay for his order using one of the payment methods offered. A confirmation message will then be sent to him under the conditions provided in article 4.3 above.

4.5. Preorder:

The Client is aware that he may also have the option to preorder a selection of Products on the Website, before their launch or commercial distribution.

The Client acknowledges that these Products are not yet available for delivery at the time of submitting the relevant order. Products that can be preordered are clearly identified and marked on the Website with the mention "Preorder" or "Preordered Product," while customizable Products are marked with the mention "Customized Products."

The Client agrees that if he preorders a Product and/or orders a customized Product, the corresponding price, indicated on the Website and displayed in the Cart section, will be charged to him in advance at the time of receiving the confirmation email, even though the preordered 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.

In the event that 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 specification regarding payment, delivery, and confirmation of pre-ordered and customized Products is 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 the express acceptance of the GTC, without this acceptance being conditioned by the signing of a written document.

This purchase offer binds the Customer as soon as they confirm the 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 of receipt by email, including a summary of the order, the order number, and a copy of the GTC. This email is only an acknowledgment of receipt for informational purposes and does not constitute acceptance of the order by Nilazur. Nilazur will accept the order by shipping and sending the invoice thereafter.

All orders are subject to availability and confirmation of the order price. Nilazur reserves the right not to record a payment and not to confirm an order. Nilazur will inform the Customer of the reasons for the 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 the event of an ongoing dispute regarding the payment of a previous order or if Nilazur suspects, at its sole discretion, that the Customer has engaged in fraudulent or gray market activities, that the ordered quantities are abnormally large for a consumer, or when the Customer systematically returns their orders.

When the Client visits the Site and/or submits an order, he communicates electronically and accepts that all agreements, notices, disclosures, and other communications that we send him electronically (whether on our behalf or on behalf of the Partners) meet any legal requirement. The Client understands that he is responsible for all electronic communications and all content sent to us from his computer.

The Client declares that he has taken note of all the information provided; the recorded confirmation constitutes proof of the transaction. The order confirmation is considered as a signature and acceptance of the operations carried out.

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

The risks related to the product are retained until its delivery to the Client at the address indicated by him during his order.

This article is a determining 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 the 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 Client confirms that he is 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 be debited from the Client only after:

The verification of the credit card data,
The receipt of the debit authorization from the card issuer,
The confirmation by Nilazur of the product's availability, and after the order is ready to be processed.

For orders containing only Preordered or Customized Products, as well as for those containing available products, the total amount will be charged at the time of sending the Confirmation Email. This includes all available products as well as those on pre-order 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 via other payment service providers, the Client guarantees that they are the owner of the account used for the purchase. The transaction amount will only be charged after receiving the Confirmation Email from Nilazur.

6.4 Shipping of products

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

6.5 Unavailability of products

In case of unavailability of one or more products, if the Client chooses not to completely cancel their order, they will only be charged for the available products, as well as for any associated shipping costs.

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 destined for 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 area.

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 this case, we will strive to deliver the products as quickly as possible, without being responsible for losses caused by such delays.

Products will be shipped separately as they become available, unless the Client has chosen to receive the entire order in a single delivery. The Client'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 Client's request, leave the package outside or offer optional services such as:

a) Waiver of signature,
b) Delivery to a neighbor or a collection point,
c) Rescheduling of delivery,
d) Redirection to a collection point.

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

7.5 Orders addressed to post office boxes

Nilazur will not process orders intended for post office boxes and will require that the recipient's identity be clearly identifiable.

7.6 Shipping costs

All shipping costs will be clearly indicated at the end of the ordering process before the purchase is confirmed.

7.7 Delivery time

According to applicable legislation, Nilazur commits to delivering the 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 termination

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

7.9 Split shipping

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 only use your personal information 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 - DESCRIPTION OF PRODUCTS

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

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

The Client acknowledges that the content of the site may change and that Nilazur reserves the right to modify the assortment of products offered at any time. The Client also acknowledges that the products offered on the site 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 in the sold item that render it unfit for the intended use, or that diminish this use so much that the buyer would not have acquired it, or would have given a lower price if they had 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 the discovery of 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 regardless 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 may also decide to invoke the warranty for hidden defects. In this case, you can choose between the cancellation of the sale or a reduction in the sale price in accordance with article 1648 of the French Civil Code.

Article 11 – CANCELLATION, RIGHT OF WITHDRAWAL AND RETURN CONDITIONS

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 that they can exercise, without having to justify reasons, within a period of fourteen (14) clear days from the receipt of the ordered products.

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

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

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

Shipping costs related to the return with signature of the products remain the responsibility of the Customer, unless the received product is not compliant or has a manufacturing defect. Any customs fees related to the return of products from a foreign country are also the responsibility of the Customer.

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 responsibility of the Customer. It is therefore recommended to keep proof of this return, which implies that the products are returned with tracking and signature or by any other means providing a certain date.

The right of withdrawal – in addition to complying with the deadlines and conditions described above – is considered correctly 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 by email or phone of your return request.
Once your return package has been received by our services and is compliant with our return policy, we will refund you via your original payment method.
We advise you to carefully check the received products 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 detached, 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 the necessary protection during transport.
Returned products are refunded excluding original shipping costs.
We do not accept returns of earrings (precious or costume jewelry) or any precious jewelry.

Nilazur will refund you, in addition to the amounts collected 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 characteristics promised or if there are errors in their delivery. In this latter case, you may inform us by email or by phone.

In the event that the terms and conditions for exercising the right of withdrawal have not been respected, as stated above, you will not be entitled to a refund of the amounts already paid to Nilazur. However, you may obtain, at your expense, your products 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 acquisition.

Once your return has been received by the store and is in accordance 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 fees (at the Client's expense).

Article 11 - EVENT BEYOND CONTROL

By 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 conflicts, fires, floods, earthquakes, or other natural disasters, breakdowns, inclement weather, transportation interruptions, government measures, or failures of public or private telecommunications or transport networks.

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

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

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

Article 12 - INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

We are the owner or licensee of all intellectual property rights in the website and its content (such as texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, including the presentation and compilation thereof) (the "Content"). Rights in 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 (once or multiple 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 listings) without our prior written consent.

We welcome the Client to link to the website, but it must be done in a fair and legal manner that does not harm our reputation and does not profit from it (for example, by using a link that suggests a form of association or endorsement on our part). We reserve the right to withdraw the 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 informational purposes only. We have no control over the content of these sites or resources, and such links should not be interpreted as an endorsement on our part. We will not be liable for any loss or damage that may result from your use of these sites.

Article 13 - MISCELLANEOUS

If any provision of the T&Cs is found to be invalid or unenforceable by a court, the other provisions shall remain in full force and effect, unless such unenforceability significantly affects the balance of the economy of the T&Cs. There is no solidarity between the Client and Nilazur towards a third party.

Article 14 - LIMITATION OF LIABILITY

Nilazur shall not be held liable 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 Client, including those contained in any user manual.

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

Subject to the previous sentence, in no event shall our total liability to you under the T&Cs for any order exceed the total price of the product(s) actually paid by the Client.

This clause is a determining 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 the 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 Client uses it to order products or simply to browse). By using the site, the Client agrees to these rules. If the Client does not accept these rules, they are not permitted to use the website and must immediately cease using it.

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

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

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) institution. To obtain a list of alternative dispute resolution institutions 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 General Terms and Conditions, the Client 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 Client.

Nilazur may modify these General Terms and Conditions at any time by publishing the modified and reformulated contract on the website. The modified and reformulated General Terms and Conditions come into effect upon publication. The publication by Nilazur of the modified and updated General Terms and Conditions and the continued access to or use of the website are considered acceptance of the modified terms.

All matters concerning your order, the use of the websites, or the General Terms and Conditions are solely governed by the law of Monaco. If the laws of Monaco differ from the mandatory laws of your own country, we will grant you similar protection, unless you incorrectly inform Nilazur of your country of residence.

The courts of Monaco shall have exclusive jurisdiction for any dispute or claim relating to the General Terms and Conditions, their validity, interpretation, execution, termination, and consequences, even in the case of multiple defendants or third-party claims. The Client waives any privilege of jurisdiction.

The Client agrees that in case of contradiction with the English version, only the French version shall prevail.