General Terms and Conditions of Sale
Preamble The website is the property of SASU NAWAK IMPORT in its entirety, together with all related rights. Any reproduction, in whole or in part, is systematically subject to the owners’ authorization. However, hypertext links to the website are permitted without specific request.
1. Acceptance of the terms
The customer acknowledges having read, at the time of placing the order, the specific terms of sale set out on this screen and expressly declares that they accept them without reservation. These general terms and conditions of sale govern the contractual relationship between the seller NAWAK IMPORT and its customer, both parties accepting them without reservation. These general terms and conditions of sale shall prevail over any other conditions appearing in any other document, unless otherwise agreed in advance, expressly and in writing.
2. Products
The photographs illustrating the products are not contractually binding. Should any errors have crept in, NAWAK IMPORT can under no circumstances be held liable. Most of the products offered to its customers by NAWAK IMPORT are available in our warehouse.
3. Order
The automatic recording systems are deemed to constitute proof of the nature, content and date of the order. NAWAK IMPORT confirms acceptance of the order to the customer at the email address provided by the customer. The sale will only be concluded upon confirmation of the order. NAWAK IMPORT reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order. The information provided by the buyer when placing the order is binding on the buyer: in the event of an error in the recipient’s contact details, the seller cannot be held responsible for being unable to deliver the product.
4. Delivery
After confirmation of the order, NAWAK IMPORT undertakes to hand over to its carrier all the items ordered by the buyer, within an average lead time, indicated in working days, on the website at the time of the order. This carrier undertakes, by contract with NAWAK IMPORT, to deliver the order to the buyer’s address provided by NAWAK IMPORT In the case of transport under a so-called cash-on-delivery system, the customer undertakes to pay the carrier or its representative the full amount indicated at the time of order confirmation. In addition, for deliveries outside Saint Martin, the customer undertakes to pay all taxes due on the import of products, customs duties, value added tax, and all other taxes due under the laws of the country in which the order is received. All orders placed with NAWAK IMPORT are intended for the customers’ personal use; customers or recipients of the products shall refrain from any partial or total resale of the products. NAWAK IMPORT therefore disclaims all legal liability if the taxes are not paid by the customer. Delivery to Guadeloupe, Saint Barthélémy and Martinique will be made by La Poste via tracked Colissimo up to 30 kg, or by carrier (courier or traditional carrier) if deemed necessary by the seller, for reasons of volume and weight and/or quality of delivery. Any delays do not entitle the buyer to claim damages. In the case of a technical product, the customer shall take particular care to check that the delivered device works properly and to read the instructions for use provided. In the event of apparent defects, the buyer benefits from the right of return under the conditions set out in this document. The following are considered cases of force majeure releasing the seller from its obligation to deliver: war, riot, fire, strikes, accidents and the impossibility of obtaining supplies. Goods always travel at the recipient’s risk. Always check your parcel on arrival. You have 48 hours to notify the carrier of any reservations in the event of missing items or damage. For reasons of availability, an order may be delivered to the customer in several shipments. The customer then pays for only one delivery. If the customer wishes 2 delivery locations, they place 2 orders, with the related delivery charges.
5. Withdrawal
You have 14 days (from receipt of the items) to make up your mind. In the event of an exchange or refund, return the new item(s) in their original condition, including the packaging, intact, together with any accessories, instructions for use and documentation (conditions required so as not to fall within the scope of an abusive return procedure) to the following address: SASU NAWAK IMPORT Route de l’Espérance 97150 SAINT MARTIN SAINT MARTIN Products that have already been used with visible impact cannot be taken back. Make sure that the described characteristics match your needs before using the product. State in your return whether you wish an exchange or a refund and, for our information, the reason for your request. If the right of withdrawal is exercised, NAWAK IMPORT is required to refund the amounts paid by the customer, free of charge, with the exception of return costs. The refund is due within a maximum of 15 days.
6. Price
The price is expressed in euros. The price shown on the product pages does not include transport. The price indicated in the order confirmation is the final price, expressed including all taxes and including the TGCA . This price includes the price of the products, the handling, packaging and storage costs of the products, and the transport and commissioning costs. For delivery to Guadeloupe, Saint Barthélémy and Martinique, prices are expressed excluding tax.
7. Payment
The price invoiced to the customer is the price indicated on the order confirmation sent by NAWAK IMPORT The price of the products is payable in full on the day the order is effectively placed. Payment is made by bank card bearing the CB logo. Online, the PAYPAL system allows you to pay in a highly secure environment. Your bank card number is directed to the Paypal servers; your payment is made directly to a bank in a secure environment without passing through the shop’s server. The order validated by the customer will only be considered effective once the relevant bank payment centers have given their approval. If the said centers refuse, the order will be automatically cancelled and the customer notified by email. Furthermore, NAWAK IMPORT reserves the right to refuse any order from a customer with whom there is a dispute.
8. Disputes
This contract is governed by French law. NAWAK IMPORT cannot be held liable for damage of any kind, whether material, immaterial or bodily, which may result from the malfunction or misuse of the products sold. The same applies to any modifications of the products made by the manufacturers. The liability of NAWAK IMPORT shall, in any event, be limited to the amount of the order and cannot be called into question for simple errors or omissions that may have remained despite all the precautions taken in the presentation of the products In the event of difficulties in the application of this contract, the buyer may, before taking any legal action, seek an amicable solution, in particular with the help of: a professional association of the sector, a consumer association or any other adviser of their choice. It is recalled that seeking an amicable solution does not interrupt the " short period " of the legal warranty, nor the duration of the contractual warranty. It is recalled that, as a general rule and subject to the assessment of the Courts, compliance with the provisions of this contract relating to the contractual warranty requires the buyer to honor its financial commitments towards the seller. Complaints or disputes will always be received with attentive goodwill, good faith always being presumed on the part of anyone who takes the trouble to explain their situation. In the event of a dispute, the customer shall first contact the company to obtain an amicable solution. Failing that, the Tribunal de Commerce (Commercial Court) of Basse Terre has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
9. Warranty
NAWAK IMPORT guarantees that all selected products are manufactured with the utmost care. In all cases NAWAK IMPORT cannot be held liable for non-compliance with the regulatory and legislative provisions in force in the country of receipt; the liability of NAWAK IMPORT is systematically limited to the value of the product concerned, valued at its date of sale, without any possibility of recourse against the brand or the company that produced the product. In any event, the customer benefits from the legal warranty against eviction and hidden defects (Art. 1625 et seq. of the Civil Code). Provided that the buyer proves the hidden defect, the seller must legally remedy all its consequences (Art. 1641 et seq. of the Civil Code); if the buyer goes to court, they must do so within a " short period " from the discovery of the hidden defect (Art. 1648 of the Civil Code). Unless otherwise stated in the description, the standard warranty period is 1 year. Unless otherwise agreed with the customer, returns for after-sales analysis are at the customer’s expense. You must contact customer service: by phone: 06 90 11 33 33 (business hours specified above) or preferably by email at: (reply within 48 business hours) to obtain return authorization.
10. Legal information
Providing the personal information collected for the purposes of distance selling is mandatory, as this information is essential for processing and shipping orders and for issuing invoices and warranty contracts. Failure to provide this information will result in the order not being validated. In accordance with the " Informatique et Libertés " law, the processing of personal information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). The customer has (article 34 of the law of 6 January 1978) a right of access, modification, rectification and deletion of the data concerning them, which they may exercise with Nawak Import. In addition, NAWAK IMPORT undertakes not to communicate, free of charge or for consideration, the contact details of its customers to any third party.