Terms of sale

The website https://baldinini.nopli.eu/ and its mobile site (together and hereinafter referred to as the "Site") are published and hosted by the Société par Actions Simplifiée with a capital of 3,000 Euros, whose registered office is located at 6, rue Boulle, 75011 Paris, registered with the Paris Trade and Companies Register under number 920 163 243, and whose VAT number is FR12920163243 ("Nopli").

Nopli can be contacted at the following address, especially for any complaints: Postal address: 6, rue Boulle 75011 Paris or by email at help@nopli.eu.

Preamble

These general terms and conditions (the "General Terms and Conditions") are entered into between Nopli SAS, BALDININI SARL, and any individual over the age of majority ("You" or the "User(s)") accessing the Site.

These General Terms and Conditions exclusively govern your relationship with Nopli and BALDININI.

The Baldinini brand is a registered trademark.

They aim to define the conditions under which you can:

  • access and navigate the Site;
  • sell Products on the Site by posting sale offers (the "Listings");
  • buy Products on the Site;

By browsing the Site, Users acknowledge that they have read and fully accept the General Terms and Conditions without reservation.

Nopli reserves the right to modify the General Terms and Conditions at any time. They will be applicable as soon as they are posted online. In this respect, we invite Users to review the General Terms and Conditions regularly.

Nopli acts as an intermediary in the transactions carried out between Sellers and Buyers and as a host regarding the Content published on the Site by Users.

ARTICLE 1 – DEFINITIONS

  • General Terms and Conditions: see the definition given in the preamble;
  • Site: see the definition given in the preamble;
  • Buyer(s): a person with the legal capacity to contract, wishing to acquire one or more Product(s) on the Site as a private individual, i.e., non-commercial and non-professional;
  • Nopli: Nopli, as defined in the preamble, offers Users the services described in these General Terms and Conditions. Nopli acts as an intermediary in transactions between Sellers and Buyers and acts as a host concerning the Content published by Users on the Site;
  • BALDININI: BALDININI, as Nopli's partner, acts as the owner of the Baldinini brand by providing its image, name, catalog, and media, and by accepting and endorsing the sellers' purchase vouchers on its site. As a brand partner, Baldinini also has the ability to sell Baldinini brand products on the Site;
  • Seller(s): a person with the legal capacity to contract, wishing to sell one or more Product(s) on the Site as a private individual, i.e., non-commercial and non-professional;
  • User(s): see the definition given in the preamble;
  • Content(s): any element published on the Site, by email, or via Messaging, including Products, Listings, Reviews, and messages;
  • Listing(s): see the definition given in the preamble;
  • Product(s): items offered for sale by Sellers on the Site under the General Terms and Conditions;
  • Product Photos: any visual published by a Seller when creating the Listing to faithfully represent the Product in its current condition;
  • Sale: All actions leading to a transaction between a Buyer and a Seller for one or more products offered on the Site;
  • Delivery Costs: Costs related to the transportation of a sold product;
  • Nopli Protection: Fees related to the proper functioning of the Site and Buyer protection;
  • Payment Option: Payment method chosen by Sellers as part of the Services to be compensated;
  • Purchase Voucher: Payment option chosen by Sellers after a sale, consisting of a pre-determined coupon usable on https://www.baldinini-shop.com/;
  • Top-Up: Additional amount added to the Sale value by BALDININI when the payment option of Purchase Voucher is chosen;
  • Bank Transfer: Payment option chosen by Sellers after a sale, consisting of a pre-determined transfer to the Seller's bank account;
  • Account: When logging in to the Site, each user is identified after providing their information. Through their Account, Users can access all Site Services.

ARTICLE 2 - ACCESS TO THE SITE

The Site is open to any internet or mobile user who meets the conditions outlined in the preamble, provided they have an internet connection.

ARTICLE 3 - USER ACCOUNT

Access to Listings offered on the Site is free. Visitors can view Listings posted by a Seller without registering on the Site.

By accessing, using, or registering on the Site, the User declares and guarantees:

  • being at least 18 years old;
  • living in France;
  • having the legal capacity to buy and sell;
  • accepting these General Terms and all contractual documents;
  • being fully responsible for the transactions carried out.

Access and use of the Services require the User to register by filling out the form provided on the Site.

Users register by providing all the information marked as mandatory on the form. Any incomplete registration will not be validated.

Registration automatically results in the creation of an account in the User's name (the "Account"), giving them access to a personal space ("Personal Space"), which allows them to manage their sales and/or purchases in a form and according to the technical means Nopli deems most appropriate.

The User guarantees that all the information provided in the registration form is accurate, up-to-date, sincere, and free of any misleading content. The User agrees to update this information in their Personal Space in case of changes (such as a change of postal address) to ensure they always meet the above criteria.

The User is informed and accepts that the information entered to create or update their Account is proof of their identity. The information entered is binding upon its validation.

The User can access their Personal Space at any time after identifying themselves with their login credentials and password.

The User agrees to use their Account personally and not allow any third party to use it on their behalf, except to assume full responsibility.

They are similarly responsible for maintaining the confidentiality of their login credentials, and any access to the Site using these credentials is deemed to have been made by the User. They must immediately contact Nopli if they notice that their Account has been used without their consent. They acknowledge that Nopli has the right to take appropriate action in such cases.

ARTICLE 4 - OPERATION OF THE SITE

Users have access to the following Services in the form and according to the features and technical means that Nopli deems most appropriate.

4.1 Sale of Articles

Only Products from the Baldinini brand or distributed by the website https://www.baldinini-shop.com/ can be sold on the Site.

4.1.1 Listing and creating the listings

Listing a Product for sale on the Site involves creating a Listing. The same User can post an unlimited number of Baldinini brand Products for sale at no cost. However, it is prohibited to list the same Product multiple times. The Seller agrees to promptly remove the Listing of a Product that is no longer available.

Once registered, Sellers can create a Listing by filling out a form allowing them to present the characteristics of the Products they offer for Sale. Sellers agree to describe the Product as explicitly and accurately as possible using the form.

Sellers can add various types of content to their Listings, including texts and photographs (the "Content").

Nopli advises Users to include several photographs of the Product in each Listing to allow Buyers to visualize the Product as a whole. Users are also advised to show any defects in the photographs of the listed Product. The Seller who listed the Product can remove, complete, or modify the Listing at any time until a Buyer expresses their intention to purchase the Product.

At the time of listing the Product, the Seller chooses the Payment Option for the sale proceeds: Purchase Voucher or Bank Transfer.

4.1.2 Moderation and publication of Listings

All Listings posted on the Site will be verified and completed by Nopli before being published. Additionally, post-publication moderation may be conducted to remove and/or suspend Listings that do not comply with the rules specified in the General Terms.

Only Products from the Baldinini brand or distributed on the https://www.baldinini-shop.com/ website may be listed on the Site. Any Listing for a Product that is not from the Baldinini brand or distributed on https://www.baldinini-shop.com/ or that is counterfeit will be immediately removed.

To ensure Product availability, Listings older than 6 months will be deactivated. The Seller will receive an email 3 days before the end of the 6 months, allowing them to renew their Listing if they wish. Failure to renew will result in the Listing being deleted.

To relist the affected Products, the User must then create a new Listing.

4.1.3 Sale validation/cancellation

When a Buyer orders one or more Products, the Seller receives a purchase notification by email, indicating that they have five (5) days from the receipt of the email to ship the order.

A Seller who fails to ship and/or deliver the Products according to the chosen delivery method within 7 days of order acceptance will have the Sale canceled. Nopli reserves the right to suspend a Seller account if the order cancellation rate is abnormally high.

If the Seller has chosen a bank transfer as the Payment Option, they will also need to undergo identity verification by the payment provider.

4.2 Purchase of Articles

4.2.1 Placing and validating orders

All orders are considered a firm and irrevocable acceptance of the prices indicated, the Product descriptions present in the Listings, and the General Terms.

The Buyer declares that they have read and accepted these General Terms before placing their order.

Online payment is secured by STRIPE.

Service fees may apply to the order. These cover the internet management fees of the Site and Buyer protection fees (cf. Nopli Protection).

Delivery costs are borne by the Buyer.

Upon payment validation, the Buyer will be charged for the corresponding amount on the same day.

From the final acceptance click, the order is considered irrevocable.

Upon completion and payment of the order, the Buyer will receive a confirmation email, indicating the order number and amount. The email will also remind the Buyer that the Seller must ship the order within 5 days, or the Buyer may request a refund.

When the Buyer retrieves the package, they must confirm the order for the Seller to receive the sale amount. By default, any order will be automatically validated 72 hours after receipt of the order.

If the Buyer fails to retrieve their package within the specified time or report any issues with it, the transaction will be considered completed and confirmed. However, amicable solutions may be considered between Buyer and Seller through Nopli depending on the case. If the Buyer fails to retrieve the package within the specified time, service and transport fees may be charged to the Buyer.

4.2.2 Order cancellation and refund

i. In the case of a sale between individuals

Since the sale is concluded between two individuals, the Buyer does not benefit from a right of withdrawal as defined by current regulations. If the Product does not suit the Buyer, they cannot request a cancellation or refund of their order. However, if the Buyer notices a discrepancy between the Product received and the Listing, they have the option to suspend the Transaction by reporting an issue to the Seller through Nopli.

The Buyer can report an issue to the Seller through Nopli within 72 hours of the date of receipt (delivery) of the package. After this period, the Transaction is automatically validated.

Once the issue is reported, the sale is suspended until an agreement is reached between the two parties through Nopli. Any dispute between Users on the Site related to Product conformity will be managed, arbitrated, or mediated by Nopli.

ii. In the case of a sale between a professional and an individual

In accordance with Article L. 221-1 of the Consumer Code, the Buyer is not entitled to a right of withdrawal when purchasing from a non-professional Seller. The Buyer (acting as a consumer) is protected by consumer law when purchasing from a professional Seller and may take legal action to enforce consumer protection laws in their country. The professional Seller must apply the Buyer's national law regarding consumer protection provisions.

In accordance with Article L. 121-21 of the Consumer Code, Buyers are informed that they have a period of 14 calendar days from the date of receipt of the Products ordered to exercise their right of withdrawal, without penalty and without reason, except for return costs, with a professional Seller.

For this purpose, professional Sellers expressly acknowledge that they are solely responsible for complying with their information obligations towards Buyers regarding the conditions, timeframes, and procedures for exercising this right, as well as providing Buyers with a withdrawal form.

ARTICLE 5 - STRIPE'S TERMS AND CONDITIONS

Users are expressly informed and agree that all payments made through the Site are managed by Stripe Payments Europe, Ltd., registered C/O A & L Goodbody, Ifsc, North Wall Quay, Dublin, D01 H104, Ireland, under DUNS number 985 429 235 ("Stripe").

Users contract directly with Stripe for the implementation of these payments by accepting Stripe's general terms and conditions via a checkbox during registration on the Site.

If Stripe refuses or terminates the User's subscription, the User will not be able to use Nopli's Services.

Conversely, the end of the contractual relationship between the User and Nopli will result in the termination of the User's contract with Stripe.

As part of the Services, Users transmit all their payment instructions to Stripe through their Personal Space. Consequently, Users expressly authorize Nopli to transmit these instructions to Stripe, in their name and on their behalf.

ARTICLE 6 - PRODUCT DELIVERY

Products are delivered to the delivery address indicated by the Buyers.

The Seller agrees to ship the package and do everything possible to ensure that the Buyer receives it in accordance with the chosen delivery method. From the time of the order, the Seller has five (5) days to drop off the package at a relay point or the post office.

The Seller remains the owner of the Products until receipt by the Buyer. The Seller remains responsible for any losses, damages, degradations, or deteriorations occurring during delivery, up to the point of proper receipt of the Product by the Buyer.

In case of complaints about the Products and their delivery, Buyers agree to contact the Sellers directly through Nopli within 72 hours following receipt of the order.

If the item does not match the description provided by the Seller (wrong size, defect, stain not visible in the photos, etc.), return shipping will be free, and a partial or full refund may be issued.

ARTICLE 7 - PAYMENT METHOD FOR THE SELLER

When listing their Products for sale, the Seller is invited to choose between the following options:

7.1 Purchase Voucher

Once the Product is sold and the Transaction is finalized, the Sale Price will be topped up by 20% and sent by email to the Seller in the form of a Purchase Voucher usable on the https://www.baldinini-shop.com/ website.

The Purchase Vouchers are valid for 12 months from the date of issue.

Purchase Vouchers allow you to pay an amount equal to or greater than their value, with the difference payable. They are not exchangeable for cash and will not be replaced in case of loss or theft. In the event of a return, your Purchase Voucher will be refunded by BALDININI in the form of store credit.

7.2 Bank Transfer

The sale amount can be transferred directly to the Seller's bank account (by providing their RIB/IBAN).

Direct payment will only be possible after submitting to the identity verification process with STRIPE.

Your IBAN and identity documents are not accessible to Nopli. These details will be transmitted securely to STRIPE. This information is stored by STRIPE to facilitate the transfer of funds from your electronic wallet to your bank account.

ARTICLE 8 - FINANCIAL CONDITIONS

Registration on the Site and the Services of Listing and managing Listings are provided free of charge.

8.1 Nopli Commission

If the Seller chooses the Purchase Voucher option, no commission on the Sale will be deducted.

If the Seller chooses the Bank Transfer option, a 15% commission on the sale price (the "Commission") is due by the Sellers to Nopli in exchange for facilitating the connection between Sellers and Buyers.

Nopli reserves the right, at its sole discretion and in a manner of its choosing, to offer promotional discounts or reductions in its Commission.

The Commission is calculated based on the price paid by Buyers, excluding shipping and service fees, and is deducted directly when the sale payment is made.

Nopli will bill the Commission to the Sellers by any appropriate means.

Nopli's Commission is directly handled through STRIPE during the payment of the transaction.

The Commission percentage may be revised at any time, without retroactive effect on Listings already published, and Users will be informed.

ARTICLE 9 - PERSONAL DATA

Nopli collects and processes personal data under the conditions provided for in the Privacy Policy.

ARTICLE 10 - USER OBLIGATIONS

Users agree, in their use of the Services, to comply with the laws and regulations in force and not to infringe upon the rights of third parties or public order.

Users are responsible for their tax and social obligations related to the transactions carried out between them (applicable tax and social regimes, declaration obligations). These obligations and the corresponding sanctions are listed on the following websites:

Users acknowledge that they have read the characteristics and constraints, especially technical ones, of all the Services on the Site.

They are solely responsible for their use of the Services, including their relationships with other Users and the information they exchange through the Services, with Nopli only serving to facilitate their interaction.

Users agree to use the Services strictly for personal purposes. Consequently, they are prohibited from assigning, transferring, or granting all or part of their rights or obligations under these Terms to a third party, in any manner whatsoever.

Users agree to provide Nopli or other Users with only accurate, up-to-date, sincere, and non-misleading information or data. They agree to update this information so that it always meets the above criteria.

They also agree to provide Nopli with all the information necessary for the proper execution of the Services and to cooperate actively with Nopli to ensure the proper execution of these Terms.

ARTICLE 11 - PROHIBITED CONDUCT

It is strictly forbidden to use the services for the following purposes:

  • engaging in illegal, fraudulent activities or those infringing upon the rights or safety of third parties;
  • disrupting public order or violating laws and regulations in force;
  • unauthorized access to third-party computer systems or any activity intended to harm, control, interfere with, or intercept all or part of a third-party's computer system, violating its integrity or security;
  • sending unsolicited emails and/or commercial prospecting or solicitation;
  • manipulations aimed at improving the ranking of a third-party site;
  • collecting and aggregating any information available on the Site without express permission from Nopli;
  • aiding or encouraging, in any form or manner, one or more of the acts and activities described above;
  • and, more generally, any practice diverting the Services from their intended purpose.

It is strictly forbidden for Users to copy and/or divert to their ends or those of third parties the concept, technologies, or any other element of the Site.

The following are also strictly prohibited:

(i) any behavior likely to interrupt, suspend, slow down, or prevent the continuity of the Services; (ii) any unauthorized intrusions or attempts at intrusion into Nopli's systems; (iii) any misuse of the Site's system resources; (iv) any actions likely to impose a disproportionate burden on the Site's infrastructure; (v) any breaches of security and authentication measures; (vi) any acts likely to harm the financial, commercial, or moral rights and interests of Nopli or the Site's users; (vii) and, more generally, any violations of these general terms.

(viii) It is strictly forbidden to monetize, sell, or grant access to the Services or the Site, as well as to the information hosted and/or shared therein.

ARTICLE 12 - NOPLI'S OBLIGATIONS

Nopli agrees to provide the Services diligently and according to best practices, being understood that Nopli has an obligation of means, excluding any obligation of results, which Users expressly acknowledge and accept.

Content harmful to a third party may be reported to Nopli following the procedures provided for in Article 6 I 5 of Law No. 2004-575 of June 21, 2004, for confidence in the digital economy. Nopli reserves the right to take any measures it deems necessary.

Nopli acts as a broker in that it provides Sellers and Buyers with a platform, tools, and technical means allowing them to interact for the purpose of purchasing and/or selling Products through the Site. Its liability is limited to the provision of these means, as described herein.

Nopli does not guarantee the completion of transactions or the proper execution of contracts concluded between Buyers and Sellers. Nor does it offer any guarantee to Sellers regarding business opportunities or customer volume, nor is it liable to Sellers for any guarantee regarding the number and diversity of Products offered for sale.

Nopli is not a party to contracts concluded between Sellers and Buyers and can in no way be held liable for any difficulties that may arise during the conclusion or execution of these contracts.

Nopli does not physically possess the Products sold through the Site. Therefore, it provides no guarantee regarding (i) compliance of Listings with applicable laws and regulations, (ii) compliance of Products, packaging, and/or labeling with legal and regulatory provisions, (iii) compliance of Product delivery with contractual stipulations and the existence of potential hidden defects, (iv) risks related to transportation, storage, conservation, and delivery of the Products, or (v) compliance with hygiene and maintenance rules, particularly concerning distribution locations.

Nopli disclaims all liability in the event of potential loss of information accessible in the User's Personal Space. Users are responsible for making a copy of such information and cannot claim any compensation in this regard.

Nopli agrees to conduct regular checks to verify the proper functioning and accessibility of the Site. Nopli reserves the right to temporarily suspend access to the Site for maintenance reasons. Likewise, Nopli cannot be held responsible for temporary difficulties or inability to access the Site due to external circumstances, force majeure, or disruptions in telecommunications networks.

Nopli does not guarantee that (i) the Services, subject to constant research to improve performance and progress, will be entirely free from errors, defects, or faults, and (ii) that the Services, being standard and not offered exclusively for a specific User's needs, will meet the User's expectations and specific needs.

In any event, Nopli's liability under these terms is expressly limited to direct damages proven by Users.

At any time and for any reason, Nopli reserves the right to terminate the services offered by the Site.

ARTICLE 13 - INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases, and content of all kinds (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by Nopli within the Site are protected by all intellectual property rights or database producer rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying, and, more generally, any acts of reproduction, representation, dissemination, and use of any of these elements, in whole or in part, without the authorization of Nopli are strictly prohibited and may result in legal action.