GENERAL TERMS AND CONDITIONS OF SALE
Object
nacahelmet.com is a website published by the company UFO (Allée d’Amsterdam, Parc d’Activités du plateau de Signes, 83700 SIGNES, with a capital of 500,000 euros, registered with the RCS of Toulon n°438 953 697) and under its sole responsibility.
The NACA® brand belongs to the company UFO and is used by the company S.A.S NACA under a license granted to it by the company UFO.
Motorcycle and bicycle helmets are sold by S.A.S NACA. Riding helmets are manufactured and sold by UFO company.
The general terms and conditions of sale described below detail the rights and obligations of the company S.A.S. NACA, Allée d’Amsterdam, Parc d’Activités du plateau de Signes, 83700 SIGNES, capital of 534 320 euros, registered at the Trade and Companies Register of Toulon under No.891 788 465, and of its customers in connection with the sale of the following products: NACA motorcycle and bicycle helmets and the rights and obligations of the company UFO, Allée d’Amsterdam, Parc d’Activités du plateau de Signes, 83700 SIGNES, capital of 500 000 euros, registered at the Trade and Companies Register of Toulon under No.438 953 697, and of its customers in connection with the sale of the following products: NACA Equestrian helmets.
NACA motorcycle helmets meets R22.05 european regulation safety requirements.
NACA Bicyle, Bike helmets are certified under CE EN1078+A1:2013 standard.
Helmets are produced in France.
NACA Equestrian helmets are certified under CE EN1384:2017 standard. They are produced in France by UFO.
All services performed by S.A.S. NACA and UFO imply unconditional acceptance by the buyer of these general conditions of sale.
According to the current regulations, the Supplier reserves the right to waive certain clauses of these General Conditions of Sale, based on negotiations with the Buyer, through the establishment of Special Sale Conditions.
The Supplier may also establish the Categorical General Conditions of Sale, exceptions to these General Conditions of Sale, depending on the type of client considered, determined using objective criteria. In this case, the Categorical General Conditions of Sale apply to all operators meeting these criteria.
Product
Each product on nacahelmet.com is accompanied by a description. The photographs in the catalogue are as accurate as possible, but cannot ensure a perfect similarity to the product, especially with regard to colour.
Online sale – Order with payment obligation
Orders must be placed via the interface of our online sales site www.nacahelmet.com or can be sent to our headquarters by e-mail at contact@nacahelmet.com
Any changes requested by the Buyer can be taken into account only if they are within the capabilities of the Supplier and only at its discretion, and if notified in writing.
Customer service number for Motorcycle and Bike products: +33 (0)4 94 14 98
Customer service number for Equestrian products: +33 (0)4 94 14 92
(Price of a local call from a landline in metropolitan France).
Our advisors are at your disposal from Monday to Friday from 9 – 12h30 am to 1.30 – 4 pm
The prices of the products sold are those in force on the date the order is taken. They are denominated in euros and calculated including tax and VAT. S.A.S NACA and UFO Companies grant the right to change prices at any time.
The customer who wishes to buy a product must:
From the moment the buyer has registered their order by clicking on the “order” icon, they are considered as having accepted, in full knowledge of the facts and without reserve, the present General Conditions of Sale.
All data provided and confirmation recorded serve as proof of the transaction. The order confirmation acts as a signature and acceptance of the transactions.
An acknowledgement of receipt confirming the taking into account of the customer’s order is automatically sent to them by email.
Legal information
The personal information collected for the purposes of distance selling is mandatory, this information is essential for the processing and delivery of orders, the establishment of invoices and contracts of guarantee. Failure to provide this information will result in the non-validation of the order. The customer will only be contacted by telephone in the context of his order.
In accordance with Article L.223-2 of the Consumer Code, the customer has the right to register free of charge on the list of opposition to telephone canvassing. (bloctel.gouv.fr) -The customer has (article 34 of the law of January 6, 1978) a right of access, modification, rectification and deletion of data concerning him/her, which he/she can exercise at nacahelmet.com. Moreover, nacahelmet.com will not communicate, free of charge or with consideration, the contact information of its customers to a third party. Regarding the use of your personal information, you can consult our privacy policy, for more information, on the following link: Privacy policy – NACA HELMET
Payment terms
The payment of the orders is carried out by one of the means listed below:
Credit Card or Paypal payments :
For each order, a debit request from the customer’s bank account will be sent to their bank within 24 hours. The order will be considered valid after the bank payment has been confirmed. A confirmation email will be sent to the customer when the order is validated and the payment is carried out.
Payment in 3 installments free of charge with FLOA from 200€ purchase:
Our financial partner FLOA BANK, a public limited company with capital of €46,842,400, registered in the Bordeaux Trade and Companies Register under number 434 130 423, whose head office is located at Immeuble G7 – 71 Rue Lucien Faure in Bordeaux (33300 ) subject to the control of the Prudential Control and Resolution Authority (ACPR) 4 Place de Budapest, CS 92459, 75436 PARIS CEDEX 09 and registered with ORIAS under number 07 028 160 (www.orias.fr) offers payment solutions reserved for private individuals (natural persons of legal age) residing in Metropolitan France, holders of a Visa or MasterCard bank card with a validity date corresponding to the duration of the reimbursement, which allow you to pay for your purchases of goods and/or or services, deferred in 3 installments by credit card, free of charge. After completing your order, you must choose to pay for it using the “FLOA 3X” payment solution; you will then be redirected to the FLOA BANK web page where you can make your payment. FLOA BANK reserves the right to accept or refuse your financing request; you have a withdrawal period of 14 calendar days to waive it.
To find out more about the FLOA general conditions of sale, click here -> Conditions-Gnrales-Vente-CB3X-CB4X.pdf (floabank.fr)
We draw your attention to the fact that if you ask to pay for your order of goods and/or services by means of these payment solutions, your personal data will be transmitted to FLOA BANK for the purpose of studying your request for financing, management of your credit agreement and, where applicable, recovery.
For more information regarding the FLOA Privacy Policy, click here. -> Microsoft Word – 2022.02.22 Privacy Policy FLOA Bank
Our site is the subject of one of the most efficient security systems. It has not only adopted the SSL (Secure Socket Layer) encryption process but has also strengthened all the scrambling and encryption processes in order to protect as effectively as possible all the sensitive data related to the means of payment.
Customs duties:
Any order placed on the site and delivered outside France may be subject to taxes and customs duties that are imposed when the package reaches its destination (according to the regulations in force of the country in which the delivery is made).
These customs duties and taxes related to the delivery of an item are the responsibility of the customer. S.A.S NACA and UFO are not obliged to check and inform its customers of applicable customs duties and taxes. To find out about them, the customer must make inquiries of the relevant authorities in their country.
Responsibility:
The seller, in the online sales process, is bound by an obligation of means; it cannot be held liable for damages resulting from the use of the Internet such as data loss, hacking, viruses, interruption of service, or other unintended problems.
The Buyer is responsible for the information they provide during the payment process via the order (including the email address and/name and delivery address to which the information will be sent).
The Seller declines all responsibility in case of an incomplete or erroneous email address and/or physical address and cannot be held responsible for the consequences of a possible error in this information (impossibility or delay of delivery of the product).
The Seller is released from all liability in case of non-performance of the order due to a case of force majeure.
Archiving – Proof
S.A.S NACA and UFO will archive the purchase orders and invoices using a reliable and sustainable method, which constitutes an exact copy, in accordance with the provisions of article 1348 of the French Civil Code. The digital records will be considered by the parties as proof of communication, orders, payments and transactions that took place between the parties.
Retention of title clause
The companies SAS NACA and UFO reserve, until the complete payment of the price by the Purchaser, a right of ownership on the sold products, allowing it to retake possession of these products. Any deposit paid by the Purchaser will be retained by the Supplier as a lump sum indemnity, without prejudice to any other actions that it would be entitled to bring against the Purchaser as a result.
However, the risk of loss and deterioration shall pass to the Purchaser upon delivery of the ordered products.
All elements of the seller’s site are and remain the exclusive intellectual property of the seller.
Nobody is allowed to reproduce, use, redistribute, or use for any purpose whatsoever, even partially, elements of the sites, be they software, visual, or sound effects.
Delivery
Motorcycle helmets:
Helmets are manufactured upon receipt of the order. The maximum delivery time is 1 month from the validation and payment of the order, unless otherwise stipulated before final confirmation of the order and subject to the accuracy of the data provided. In case of delay, an email will be sent to you as soon as possible. The customer may choose to accept the new deadline or cancel the order. In the latter case, the supplier will then be required to refund the items concerned as soon as possible.
Bike helmets:
The maximum delivery time is 14 days from the validation and payment of the order, unless otherwise stipulated before final confirmation of the order and subject to the accuracy of the data provided. In case of delay, an email will be sent to you as soon as possible. The customer may choose to accept the new deadline or cancel the order. In the latter case, the supplier will then be required to refund the items concerned as soon as possible. Deadlines will be longer for products ordered with customization requests: for this kind of request, contact us by email.
Equestrian helmets:
The maximum delivery time is 3 weeks from the validation and payment of the order, unless otherwise stipulated before final confirmation of the order and subject to the accuracy of the data provided. In case of delay, an email will be sent to you as soon as possible. The customer may choose to accept the new deadline or cancel the order. In the latter case, the supplier will then be required to refund the items concerned as soon as possible. Deadlines will be longer for products ordered with customization requests: for this kind of request, contact us by email.
The responsibility of the Supplier may in no case be engaged in case of delay or suspension of the delivery imputable to the Buyer or in case of force majeure.
The delivery of our products is provided by our partner Chronopost. A tracking number will be sent to you. You can follow your shipments from the following link: http://www.chronopost.fr
Shipping fees
Free shipping for France and Europe.
50€ for the rest of the world
Returns
Return Management: You must return to us by email the completed and filled return form that you need to request us by email at contact@nacahelmet.com or by phone. You can download the return return form HERE. You must specify if you want a refund or exchange.
Return period: You have a legal period of 1 month to exercise your right of withdrawal and to cancel your sales contract, without giving any reason. After this time, we will not accept the return. The withdrawal period runs from the date of receipt of the order.
You get a month’s trial of the product. If this does not suit you, it must be returned to us in perfect condition, in its original packaging. Any helmet damaged, scratched, impacted or having suffered a fall will not be refunded or exchanged.
The exchange or the refund will be effective only after examination of the returned product, within a maximum of one month. Any product that is returned outside of the described procedures will not be accepted.
We remind you that the purchased products are subject to the guarantee of conformity granted by the manufacturer, in accordance with the relevant European legislation.
Warranty
Information on the legal warranty period:
The legal guarantee of conformity is based on Article L. 211-4 up to L. 211-14 of the French Consumer Code and on Article 1641 of the French Civil Code concerning defects found.
S.A.S NACA and UFO are bound by the defects of conformity of the good to the contract and the hidden defects of the item sold.
When acting as a legal guarantee of conformity, the consumer:
– benefits from a period of two years from delivery of the property to act;
– may choose between the repair or replacement of the goods, subject to the cost conditions provided for by the French Consumer Code;
– is exempted from reporting the proof of the existence of the lack of conformity of the good during the 24 months following the delivery of the good; The consumer can decide to implement the guarantee against the hidden defects of the item sold. In this case, they can choose between the resolution of the sale or a reduction of the selling price.
In order to know the steps to follow concerning the after-sales service for any problem on a product, you can contact us via contact@nacahelmet.com
To benefit from the guarantee of the products, it is absolutely necessary to keep the invoice of purchase of the product. The date of departure of the guarantee corresponds to the billing date.
Any guarantee is excluded in case of misuse, negligence or lack of maintenance on the part of the Purchaser, in case of normal wear of the good or force majeure, as well as in case of fall or impact; in accordance with the safety requirements of personal protective equipment and in accordance with R22.05 requirements:
“The helmet is designed to absorb some of the energy of a shock with partial destruction of the inner cap or padding, or both. This damage may not be visible and therefore, any impacted helmet must be destroyed and replaced by a new one.
Litigation – Jurisdiction
These General Conditions of Sale and the purchase and sales transactions that ensue from them are governed by French law.
They are written in French. If they are translated into one or more languages, the French text will prevail in the event of a dispute. In the absence of amicable resolution, the dispute will be brought before the Commercial Court to which the companies S.A.S NACA and UFO belong.
Means for mediating consumer disputes
In accordance with articles of the French Consumer Code L611-1 and ss and R612-1 and ss, it is stipulated that for any dispute of a contractual nature relating to the execution of the contract of sale or the provision of services that could not be resolved in the context of a complaint previously lodged with the S.A.S NACA – UFO customer service, the Consumer may make free use of mediation. They will contact the National Association of Mediators (ANM) either by mail by writing to 62, rue Tiquetonne 75002 PARIS or by e-mail by completing the online entry form at the following address: www.anm-conso.com
The consumer can also visit the website of the European Online Dispute Settlement Platform.
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN
The following website www.economie.gouv.fr/mediation-conso also contains all useful information in case of cross-border dispute.
Modification of the General Conditions of Sale
S.A.S NACA and UFO reserve the right to modify at any time its General Conditions of Sale and invites its members to consult them regularly. By validating their orders, the customer accepts the new terms of the General Conditions of Sale.
Members who do not wish the contractual relationship to be governed by the new General Conditions of Sale must notify it on the date from which the new conditions will come into effect and must stop using the services of S.A.S NACA and UFO.
