Terms of use

NivOmatic.fr, Nivomatic.eu and Nivomatic.com and other extensions are websites created by Thierry DUC. Host : HOSTINGER. Technical information concerning the products presented on this site may be modified by the manufacturer without prior notice. Illustrations are not contractual.

NivOmatic is a registered trademark.

Site access: Access to www.nivomatic.eu www.nivomatic.com and www.nivomatic.fr is free of charge. The cost of accessing and using the telecommunication network is the responsibility of the Internet user, in accordance with the terms and conditions set by his access provider and telecom operator. Users of this site acknowledge that they have the necessary skills and means to access and use this site.

Personal data: You have the right to access, modify, rectify and delete data concerning you (French Data Protection Act of January 6, 1978). For all inquiries, please contact NivOmatic, Thierry DUC, Le Calme, 24170 MONPLAISANT, or support@nivomatic.fr.

Copyright: The representation or reproduction, in whole or in part, of the pages, data and any other component of the site by any process or medium whatsoever is prohibited without express authorization and constitutes an infringement.

 

Terms & Conditions


1-
General Manufacturer and Distributor Thierry DUC, Le Calme, 24170 MONPLAISANT, RCS Bergerac 400847760 France

2- Application Unless expressly stated otherwise, these general terms and conditions apply to all our sales, notwithstanding any clause to the contrary that may appear in any documents issued by our customers. The fact that we do not apply any of the clauses below does not mean that we waive them. The total or partial invalidity of any of the clauses below shall have no effect on the validity of the other clauses.

3- Orders Orders from professional resellers only become final once they have been accepted by our services. They only become effective for delivery after payment of the deposit stipulated in the customer’s order. In the event of non-performance on the part of the purchaser, this deposit shall be retained by us. Unless otherwise stipulated, our offers and quotations are only valid for the month following their submission. Failure to accept our terms of sale will result in cancellation of the order. Accepted orders are irrevocable for the customer, unless accepted in writing by us. Orders from individuals or professionals on the website are only taken into account after confirmation of full payment of the price, deliveries will be made within 3 working days after this confirmation.

4- Transport, delivery All our goods travel at the customer’s risk. Even when goods are sent carriage paid, it is the recipient’s responsibility to make all reservations in the event of damage, shortages or delays. All deliveries must be made in the presence of the delivery person and the contents must be systematically checked before signing the delivery note. The customer must indicate any anomaly concerning the delivery on the delivery note, in the form of handwritten reservations accompanied by his/her signature. The customer must also confirm any reservations to the carrier within two working days of receipt of the package at the latest, and forward a copy of the letter to the manufacturer and distributor. If products need to be returned, this must be done within two days of delivery. Any claim made after this deadline will not be accepted. In addition, product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.). In the event of a problem, please indicate the reason on the delivery note (mandatory) and contact the manufacturer and distributor as soon as possible. If the delivery note is missing, please refuse it and contact us. If the customer is absent at the time of delivery, the extra charge will be borne by the customer. Delivery times are given for information only. They are agreed for material leaving our stores, but do not commit us definitively. We do not accept any penalties for late delivery. The company is released from its obligation to deliver in the event of unforeseen circumstances or force majeure, in particular disruption or total or partial strike of postal services or means of transport and/or communication, fire or flood.

5- Product description Our products are described with the precision necessary for customer information. However, we reserve the right to change any features we deem necessary. The photographs, graphics and illustrations provided in our documentation or on our website are not contractual.

6- Prices Professionals: Our prices exclude VAT, including packaging, ex-works unless otherwise stated. They may be revised without notice according to economic conditions. Online sales: prices include VAT, except for special taxes for sales abroad.

7 – Terms of payment Professionals: Payment terms are determined by us. Unless otherwise agreed between the customer and ourselves, our goods are payable within 30 days, net, without discount, with cash payment for the first order. Non-payment of any part of the price on the due date without prior agreement to an extension will have the following consequences ipso jure and without formal notice: (a) Penalties will be immediately applicable on amounts due at a rate equal to one and a half times the legal interest rate. (b) The purchaser shall be obliged to reimburse us for all costs incurred as a result of the non-payment, in particular bank charges, protest fees and stamp duties. (c) Payment of all other sums due by the purchaser shall become immediately due and payable, even if they are the subject of accepted bills of exchange. (d) All sales concluded by us with the purchaser will be terminated by operation of law twenty-four hours after receipt of a registered letter stating our intention to terminate them, partial payments made prior to such termination remaining definitively acquired by us. – In the event of any change in the buyer’s situation (incapacity, death, transformation or dissolution of a company, sale, contribution to a company or transfer of a business in any form whatsoever, amicable settlement, receivership, compulsory liquidation, bankruptcy), we reserve the right to cancel all or part of the sales contracted. Sales to private customers: full payment at time of order, legal cooling-off period, see paragraph 12.

8- Applicable law This contract is governed by French law. The language of this contract is French. In the event of a dispute, the Bergerac court will have jurisdiction.

9- Retention of title Professionals: Products remain the property of the manufacturer and distributor until full payment has been received by our company. Until this date, the equipment delivered is considered to be consigned, and the purchaser bears the risk of any damage the equipment may suffer or cause for any reason whatsoever. Notwithstanding any clause to the contrary, in the event of the purchaser failing to meet any of the payment deadlines, the manufacturer and distributor, without prejudice to its other rights, may obtain, by registered letter, the return of the equipment at the purchaser’s expense until the latter has fulfilled all its commitments.

10- Responsibility The total or partial impossibility to use the products, notably due to hardware incompatibility, cannot give rise to any compensation or reimbursement, or to any liability on the part of the manufacturer and distributor. The buyer can obtain the information necessary to assess the product’s suitability for his particular use by downloading the instructions and files available for download, or from the information on the NivOmatic.fr, NivOmatic.eu and NivOmatic.com websites.

11 – Warranties Our equipment is guaranteed for two years from the date of delivery or availability, provided it is used in accordance with our instructions. The purchase invoice must be retained by the end customer in order to assert warranty claims against his supplier. In the event of a complaint, the latter will notify the manufacturer and distributor. The manufacturer and distributor will only register complaints from its direct customers. The warranty for a defective product applies after verification of the defects by the manufacturer following the return of the defective product to its premises for expert appraisal. The warranty does not cover the cost of removal, re-installation or transport, or any damage or costs incurred directly or indirectly as a result of a product defect. This reserve of liability therefore includes any water damage or water supply costs that may result from a malfunction of the product, which must only be used under the supervision and responsibility of the purchaser. The manufacturer and distributor reserves the right to decide whether to repair or exchange the defective product. The warranty ceases to apply if the products have been modified outside our workshops.

12- Privacy policy: Acceptance of the “general terms and conditions of sale” when validating the order includes acceptance of our Privacy Policy, as specified above the checkbox. Our Privacy Policy is available in full below, as well as on the dedicated page in the footer of the site.

13 – Warranty procedure for purchases on our website

  • Contact us by e-mail, support@nivomatic.fr, to open the warranty file. Please enclose purchase invoice or delivery note.
  • If a return is accepted, the purchaser must send the product concerned to the following address: NivOmatic, Thierry DUC, Le Calme, 24170 MONPLAISANT. Shipping will be at the customer’s expense.
  • We will repair or exchange the product and ship it to you at our expense.

14 – Withdrawal period and refund In accordance with the law, the purchaser has a withdrawal period of 14 days from receipt of the goods purchased. The purchaser must return the product in its original packaging and in new condition. Delivery should be made to the following address: NivOmatic, Thierry DUC, Le Calme, 24170 MONPLAISANT. In the event of cancellation of the sale, reimbursement will be made within eight days, either by Paypal transfer or by cheque made out to the purchaser, at the purchaser’s convenience. The full purchase price will be reimbursed, minus shipping and handling costs, i.e. €12 for delivery by Mondial Relay and €16 for delivery by Colissimo.

15 – Professional resellers: Unless written objection is made within two days of receipt of this document, the purchaser is deemed to have accepted our General Terms and Conditions of Sale and our Privacy Policy, notwithstanding any clauses to the contrary that may be contained in the purchaser’s own Conditions of Purchase. Consequently, orders will not be processed until the two-day period specified above has elapsed.

 

PRIVACY POLICY


Conta
ctez-nou
s
if you have a question or problem concerning the use of your personal data and we will answer you as soon as possible.

By using this site and/or our services, you consent to the use of your personal data as described in the Privacy Policy.

Table of contents

  1. Definitions used
  2. Data protection principles followed
  3. What rights do you have to your data?
  4. What personal data do we collect
  5. What we do with your data
  6. Who else has access to your data
  7. How we secure your data
  8. Cookie information
  9. Contact

Definitions

Personal data – any information relating to an identified or identifiable natural person.
Processing – any operation or set of operations performed on personal data or data sets.
Data subjects – processed data corresponding to a physical person.
Child – One person under 18.
We/us – www.nivomatic.fr

Data protection principles

We strive to follow the following data protection principles:

  • Treatment is legal, fair and transparent. We always consider your rights before processing personal data. We provide information on the processing of your data at your request.
  • Treatment is limited to need.
  • Treatment is kept to an absolute minimum.
  • The processing is limited in time, we do not store your personal data longer than necessary.
  • We strive to keep our data as accurate as possible.
  • We do our utmost to ensure data integrity and confidentiality.

Rights of the persons concerned

The persons concerned have the following rights:

  1. Right to information – the right to know whether your data is processed, what data is collected, by whom it is obtained and by whom it is processed.
  2. Right of access – you have the right to know what data is collected about you. This includes the right to request and obtain a copy of the data collected.
  3. Right of rectification – you have the right to request rectification or deletion of data collected about you if it is incorrect or incomplete.
  4. Right of deletion – under certain circumstances, you may request that your data be deleted.
  5. Right to restrict processing – under certain conditions, you have the right to restrict the processing of your data.
  6. Right to object to data processing – in certain cases you have the right to object to the processing of your personal data, for example in the case of direct marketing.
  7. Right to object to automatic data processing – you have the right to object to automatic data processing, such as profiling; and not to be the subject of decisions based on automated processing. You may exercise this right whenever profiling produces effects that affect you or concern you significantly.
  8. Right to data portability – you have the right to obtain your data in a machine-readable format or, if possible, directly by transfer from one computer to another.
  9. Right to complain – in the event that we refuse your request for access, we will provide you with the underlying reason. If you are not satisfied with the way your request has been handled, please contact us.
  10. Right to request assistance from the supervisory authority – you have the right to request assistance from the supervisory authority and the right for any other legal request.
  11. Right to withdraw consent – you have the right to withdraw your consent to the processing of your personal data.

Information we collect: the only information we collect about you is what you enter on the “Confirm order” page.

Information provided by you
This may be your e-mail address, surname, first name, postal address, quality – mainly information needed to provide you with a product/service or to improve your customer experience. We store the information you provide so that you can comment on or perform certain actions on our site.

Information automatically collected about you
This includes information collected automatically by “cookies” or by session management tools. For example, your IP address. This information is used to improve your customer experience. When you use our services or view content on our website, your activities may be recorded.

Information from our partners
We collect information from our certified partners with confirmation that they have the right to share this information with us. It’s either information you’ve given them directly, or information they’ve retrieved on a legal basis. Our partners are listed in the “Third parties” section below.

Public information
We do not collect or aggregate publicly available information about you.

How we use your personal data

We use your personal data to :

  • provide you with our services. This includes, for example, registering your account; providing you with other products or services you have requested; providing you with promotional offers you have requested and communicating with you in connection with such products and services; communicating and interacting with you; and notifying you of changes in the use of our services.
  • improve your customer experience;
  • fulfilling a legal or contractual obligation ;

We will use your personal data on legal grounds and/or with your consent.

On the basis of a contract or to fulfill contractual obligations, we use your personal data for the following purposes:

  • identify yourself ;
  • provide you with a service or send you a product;
  • communicate ;

On the basis of a legitimate interest, we use your personal data for the following purposes:

  • send you personalized offers (from us and with your consent);
  • to administer and analyze our customer database (history) in order to improve the quality and availability of our products/services offered/provided;
  • for customer satisfaction surveys;

As long as you do not object, we consider that offering you products/services similar to those you have purchased/interest in is our legitimate interest.

With your consent we may use your personal data for the following purposes:

  • send you newsletters or offers (from us and with your consent);
  • for other purposes for which your consent has been requested;

We use your personal data to fulfil our obligations under the law and/or to use your personal data for options provided by law. We reserve the right to anonymize the personal data collected and to use this data. We will not use personal data outside the scope of this privacy policy.

We may process your data for other purposes not mentioned here but compatible with the purpose for which the data was collected. To this end, we ensure that :

  • The link between the purposes, context and nature of the personal data is compatible with further processing;
  • further processing will not be prejudicial to your interests, and
  • that appropriate protection will be provided for the treatment.

We will inform you of any further processing and its purpose(s).

Who else can access your personal data?

We do not share your personal data with anyone. Your personal data is sometimes provided to us by trusted partners in order to make it possible for you to provide our services or to improve your customer experience.
We share some data (ip address, …) with :

Our data analysis partners :

  • Possibly WordPress or Woocommerce plugin or extension providers who have undertaken to comply with current regulations in terms of privacy policy. Currently none.

Our professional partners :

  • No

Third parties :

  • Google analytics
  • Google recaptcha
  • Google maps
  • and other Google analytics services

We only pass on your personal data to third parties or public authorities when we are legally obliged to do so. We only pass on your personal data to third parties with your consent or on the basis of legal requests.

How we secure your data

We do our utmost to keep your data secure. We use secure protocols for data transfer whenever possible. We will anonymize where appropriate. We monitor our systems and update them regularly to avoid vulnerabilities and attacks.

Although we do our utmost, we cannot fully guarantee the security of your information. However, we will notify the relevant authorities without fail in the event of a data security breach. We will also notify you if your rights or interests are threatened. We will do our utmost to prevent any security breaches and to assist the authorities in this eventuality.

If you have an account with us, please note that you must keep your login and password secret.

Child

We have no intention or knowledge of collecting information on children. They are not the target of our services.

Cookies and other technologies used

We use cookies and/or similar technologies to analyze user behavior, administer the website and collect information about users in order to personalize and improve the user experience.

A cookie is a text file stored on your computer. Cookies store information that is used to improve the operation of the website. You can control these cookies through your web browser. Choosing to disable these cookies may alter the use of certain functions when visiting our website.

We use cookies for the following purposes:

  • Necessary cookies – these are required to use important functions on our site, such as logging in to the private area. These cookies do not collect personal data.
  • Functional cookies – these provide functionalities that enable you to use our services in a more efficient and personalized way. For example, they can remember your name and e-mail address to connect you.
  • Analysis cookies – these cookies are used to measure the use and performance of our website and its services.

You can delete cookies stored on your computer via your browser preferences. Alternatively, you can control certain third-party cookies by using a privacy-enhancing platform such as
optout.aboutads.info
 or
youronlinechoices.com
. For more information on cookies, visit
allaboutcookies.org
.

We use Google Analytics to measure the traffic on our website. Google has its own privacy policy, which you can study
here
. If you do not wish to be tracked by Google Analytics, please visit the
Google Analytics opt-out page
.

Contact information

Supervisory authority

Changes to this Privacy Policy

We reserve the right to change this privacy policy.
Last modified on 12/04/2023