General Sales Conditions

General Sales Conditions

1 - APPLICATION AND EXCEPTIONS

The purpose of these general sales conditions is to set out the rights and obligations of Noukies SA (the “Vendor”) and the buyer/user (the "Customer") in the context of the online sale of articles offered on the archimede.be website. Exemptions or amendments can be made only by express written agreement.

Noukies SA delivers to customers in those countries of the world where Mondial Relay, DPD and UPS delivery are available.

2 - ORDERS

After selecting the desired articles, and before validating the order, the Customer will see a summary of the order appear on the screen, showing among other things the articles selected and the total price (including delivery costs) owed by the Customer.

The order will not be definitively validated until the Customer has paid.

The Vendor reserves the right not to validate the order in the event of:

  • non-availability of the article ordered,
  • the existence of (a) dispute(s) with the Customer,
  • total or partial non-payment for a previous order of the Customer’s,
  • a bank's refusal to authorise payment by debit or credit card.

3 - PRICE AND PAYMENT

The prices of the articles on the website are given in euros and include VAT and any other taxes payable in the Vendor’s country (excluding any import duty payable in the Customer’s country, which is for the Customer’s account).

The delivery charges are clearly indicated in the order summary, which also shows the total price (including delivery charges) payable by the Customer.

Payments are made in collaboration with Ingenico or Paypal. This approved partner guarantees the secure use of the Customer’s credit or debit card on the Internet. The Customer’s credit or debit card details are processed by means of an SSL (secured socket layer) connection. The Vendor accepts payments via Bancontact online and by credit card (MasterCard, PayPal, American Express and Visa). The price must be paid in full at the time the order is placed. Cards are charged when the order is dispatched.

Upon payment, an acknowledgement of receipt containing a summary of the order is sent to the Customer by e-mail and in hard copy at the time of delivery.The summary of the order is sent by e-mail with the order confirmation and a link to the General Sales Conditions.

4 - DELIVERY METHODS, TIMES AND COSTS

4.1 Products offered

The following products are sold on archimede.be : Clothes and beach wear for children aged 0-12 years old, swimwear for men, and diverse accessories.

4.2 Corporate identity

The archimede.be website is operated by Noukies SA, whose registered offices are at the following address:

Noukies SA
Avenue Zénobe Gramme 21
1480 Saintes, Belgium
VAT No. BE0446229791

Or its subsidiary in France:

Compagnie Générale de l’Enfance
36, Rue Vignon
75009 Paris, France
VAT No. FR 52430060442

If you wish to contact Noukies SA, the contact e-mail address is: contact@archimede.be. The Archimede Customer Service Department is also ready to attend to you on the following number +32 (0) 2 367 95 37 from Monday to Friday from 8.30 a.m. to 5.30 p.m. UTC + 1. (Fax +32 (0) 2 367 95 09).

5 - DELIVERY

Depending on the address for delivery, the Customer can choose the means of delivery. The Vendor dispatches packages through the following service providers. (The choice of providers may vary depending on the country):

  • Mondial Relay
  • DPD
  • UPS

The Vendor will use its best efforts to dispatch the order within a maximum of 30 days following the Customer’s online validation of the order.

Noukies SA delivers to customers in those countries of the world where Mondial Relay, DPD and UPS delivery are available.

By validating the order the Customer acknowledges and accepts the flat-rate delivery charges indicated in the order summary. For deliveries outside the European Union, the Customer must take account of any additional costs (taxes, import duty or customs fees). Any such costs will be invoiced directly by the carrier.

The archimede.be website adheres to the BeCommerce Code of Conduct, which can be viewed using the following link: BeCommerce Code of Conduct

6 - COOLING-OFF PERIOD AND RETURNS

6.1 Right of withdrawal

The Customer has the right to withdraw from the contract by notifying the Vendor in writing ( contact@archimede.be or to the address indicated hereunder), using the specimen withdrawal form or by means of an unambiguous declaration, within 14 days of receiving the order. In this case, the Customer must, at his/her own expense, return the articles in their original packaging, unworn and unwashed, to the following address: Archimede, Customer Service Department, Avenue Zénobe Gramme 21, 1480 Saintes, Belgium. The articles must be accompanied by all the labels, both those sewn inside and all the packaging labels.

They must also be accompanied by a delivery note (available with the order). Reimbursement for the returned articles will be made no later than 15 days after the reception of these by the Vendor. Delivery and return charges are for the Customer’s account and will not be reimbursed.

Subject to compliance with the above conditions, no exceptions shall be made to the right of withdrawal.

6.2 Claims and returns

The Vendor pays particular attention to the packing and protection of the articles it dispatches. In the event of a claim in respect of the condition in which the articles are delivered, or of missing articles, the Customer must inform the Customer Service Department within 14 days of receiving the order.

This notification can be made by e-mail ( contact@archimede.be ), telephone (+32 (0)2 367 95 37 from Monday to Friday from 8.30 a.m. to 5.30 p.m. UTC + 1 or by post to the attention of Customer Service Department (Avenue Zénobe Gramme 21, 1480 Saintes, Belgium).

The Customer must return the items in their original packaging, unworn and unwashed, to the following address: Archimede, Service Customer Service Department, Avenue Zénobe Gramme 21, 1480 Saintes, Belgium. The articles must be accompanied by all the labels, both those sewn inside and all the packaging labels. They must also be accompanied by a delivery note (available with the order). Reimbursement for the returned articles will be made not later than 15 days after their reception by the Vendor. The cost of returning defective or incorrect articles will be for the Vendor’s account.

Except if there is a legitimate reason, no claim made after 14 days have elapsed from receipt of the order will be accepted.

7 - WARRANTY

The Vendor guarantees all articles comply in every way with the specifications established by Noukies SA.

All our articles carry a two-year warranty for any manufacturing defect. Reimbursement will not be carried out until the Vendor has validated the defect.

Noukies SA ensures that the products and/or services comply with the contract, specifications indicated in the offer, reasonable requirements for quality and/or usability and with the legal provisions and/or directives of the authorities existing on the date on which the sales contract is established.

Any paymentprovided by way of guarantee by Noukies SA in no way detracts from any rights and claims that the Customer may assert in the event of a breach of the obligations of Noukies SA, on the part of Noukies SA, based on the law and/or the distance selling contract.

The Customer has the right to lodge a complaint with the European Commission at the following address: http://ec.europa.eu/odr/.

8 - PROTECTION OF PERSONAL DATA

Noukies SA sells 2 brands via its websites www.noukies.com and www.archimède.be: Noukie’s and Archimède. Both brands share the same personal data processing system since Archimède is also sold on the noukies.com website.

Personal data can be collected in the stores or on noukies.com and archimede.be:

  • When creating an account in the store in order to benefit from the loyalty programme advantages
  • When creating a new client account on one of the websites
  • Under the “My account” section on one of the websites
  • During the order checkout process on one of the websites
  • When subscribing to the newsletter on the homepage of one of the websites
  • Under the “Birth list” section on one of the websites
  • Under the “My wish list” section on one of the websites
  • During the order process on one of the websites, for which the client needs to have created an account previously
  • Under the “e-reservation” section on one of the websites

Personal data can be used for the following purposes:

  • Orders/purchases (order preparation, order delivery, order follow-up, order after sales, e-reservation)
  • For digital marketing purposes (e-merchandising on the website, newsletter and SMS campaigns, targeted advertisements, games)
  • Loyalty program management
  • Geolocation

Noukies SA can exchange personal data with external providers for the following purposes:

  • E-commerce order processing & delivery (the client can choose from various transport companies)
  • E-reservation management
  • Email and text message campaigns (mail service providers)
  • Ad campaign management via platforms such as Facebook and Google
  • Client data analysis so as to improve the services and products of Noukies SA

The client/consumer has the right to:

  • Find out what personal data Noukie’s holds (right of access)
  • Ask Noukie’s to rectify the personal data it holds (right to rectification & right to object)
  • Ask Noukie’s to erase the personal data it holds (right to erasure)

To this end, the consumer is asked to contact Noukies SA via:
contact@noukies.com
Avenue Zénobe Gramme 21, 1480 Saintes - Belgium

The consumer will also be able to modify his personal data under the “My account” section on www.noukies.com or www.archimede.be. With respect to newsletter subscription management, each newsletter sent either by Noukie’s or Archimede will contain a link in their footer where the consumer can easily unsubscribe by clicking on it.

How long personal data is being conserved, depends on the client journey. A client who hasn’t been opening any newsletters for several months or who hasn’t made a purchase for a while, will be archived and his personal data will no longer be used. Personal data is processed in accordance with current legislation.

Noukies SA pledges to undertake all necessary safety measures to protect the personal data of its clients.

If a client is no longer active, Noukies SA pledges to suppress his data after 6 years.

9 - RESERVATION OF TITLE

The articles delivered remain the property of the vendor until the price has been fully and definitively paid. In the event of non-payment, the vendor reserves the right to repossess the articles ipso jure and at the Customer’s expense.

10 - APPLICABLE LAW, JURISDICTION

These general sales conditions are governed by Belgian law.

In the event of dispute, the parties shall endeavour to reach an amicable solution. If an amicable solution cannot be reached, the dispute may be submitted to the complaints management or dispute resolution systems put in place by BeCommerce (www.becommerce.be).

Any legal action shall be brought before the courts of the judicial arrondissement of Nivelles in Belgium.




The conditions below only apply to consumers who wish to become a member of Noukie’s Club or Noukie’s Prime. To join the Noukie’s Prime subscription system, the subscriber must accept the general terms and conditions of sale.

11 - Customer Loyalty Scheme

Noukie’s customer loyalty scheme consists of two distinct elements:

  • Noukie’s Club
  • Noukie’s Prime (€20 annual subscription, including all taxes)
11.1 Application and waivers

The purpose of these general terms and conditions of sale is to define the rights and obligations of Noukies SA (the “seller”) and the buyer/user (the “consumer”) as part of the Noukie’s customer loyalty scheme. It can only be waived by express written agreement.

12 - NOUKIE'S CLUB

12.1 Being a member of Noukie's Club

Noukie’s Club is a club, members of which can enjoy the benefits specified in these terms and conditions. Subscription is free. When a consumer makes his/her first purchase and is registered on Noukie’s database, he/she will enjoy the benefits of Noukie’s Club.

12.2 The benefits

Members of Noukie’s Club enjoy several benefits:

12.2.1 Exchange without a receipt for 1 month

The consumer can exchange an item in store or on www.noukies.com or www.archimede.be, as long as the purchase can be justified by the consumer. This is valid for 1 month from the date of the transaction.

Exchanges are free in Noukie’s stores. If the consumer wants to return an item, he/she will receive a credit note for the amount paid for the items which he/she wants to return. The item can also be returned within one month from the date of the transaction.

On the sites www.noukies.com and www.archimede.be, return costs will be paid by the consumer. Once the return is accepted, the consumer will be refunded the full amount paid for returned items. See the T&Cs for return conditions.

12.2.2 Child birthday programme

For each child’s birthday, the member will receive either a promotional code or a gift, which he/she can use on his/her next purchase. The date of expiry of this promotional code will be specified when sent to consumers by email.

This programme is only applicable if the consumer providers the seller with the following information: name and date of birth. Noukie’s reserves the right not to give the gift or promotional code to the consumer in the event of suspected fraud.

12.2.3 Newsletter signup

The subscriber will receive newsletters from Noukie’s and Archimède. He/she will be kept informed about promotions, operations and news, via email or SMS.

This is on condition that the consumer has agreed to the seller sending him/her emails or SMS for commercial purposes.

The subscriber can unsubscribe from the newsletter at any time.

12.2.4 Invitation to promotions which are exclusive to the customer loyalty scheme

The consumer will be invited and can benefit from promotions and operations which are exclusively for members of the customer loyalty scheme - such as private sales and other specific operations.

12.3 Fraud

The subscription is strictly personal and is therefore for use by a single account, held by one person. Use by multiple people will be considered fraudulent.

12.4 Personal data protection

The personal data of the site’s users is collected and stored for the fulfilment of the contract and order management. Every user has the right to refuse, on request and free of charge, the processing of his/her personal data for direct marketing purposes. Every user also has the right to correct and delete his/her data at any time and at no cost.

Personal data is processed in accordance with the legal provisions in force.

Personal data is accessible and modifiable in the “My Account” section of www.noukies.com or www.archimede.be.

13 - NOUKIE'S PRIME

13.1 Being a member of Noukie's Prime

Noukie’s Prime is an annual subscription, subscribers of which can enjoy the benefits specified in these terms and conditions. The annual cost of the subscription is €20 including taxes, per consumer account.

13.2 The benefits

Members of Noukie’s Prime enjoy several benefits:

13.2.1 The consumer receives a discount of 10% on all purchases

The discount is valid on all categories of Noukie’s and Archimède branded products and can also be combined with other ongoing promotions and operations. The discount of 10% cannot be applied to delivery charges on the sites www.noukies.com and www.archimede.be or to the cost of gift wrapping.

This discount will be applied to the given price of the product and will be applied to the final calculation of the total amount. So any other promotion(s) will be applied first and the 10% discount will be applied afterwards.

Promotions are valid while stocks last.

13.2.2 Invitation to VIP evenings

The subscriber will be invited to VIP evenings which take place twice a year. This operation will provide the subscriber with exclusive discounts, before other people. This operation is valid on the sites www.noukies.com and www.archimede.be and in participating Noukie’s stores.

13.2.3 Little gift with each purchase

With each purchase (in store or on www.noukies.com and www.archimede.be), the subscriber will receive a small gift for his/her children. This is valid throughout the year. This benefit is valid while stocks last.

13.2.4 Exchange without a receipt for 2 months

The consumer can exchange an item in store or on www.noukies.com or www.archimede.be, as long as the purchase can be justified. This is valid for 2 months from the date of the transaction.

Exchanges are free in Noukie’s stores. If the consumer wants to return an item, he/she will receive a credit note for the amount paid for the items which he/she wants to return. The item can also be returned within two months from the date of the transaction.

On the sites www.noukies.com and www.archimede.be, return costs will be paid by the consumer. Once the return is accepted, the consumer will be refunded the full amount paid for returned items. See the T&Cs for return conditions.

13.2.5 Child birthday programme

For each child’s birthday, the member will receive either a promotional code or a gift, which he/she can use on his/her next purchase. The date of expiry of this promotional code will be specified when sent to consumers by email.

This programme is only applicable if the consumer providers the seller with the following information: name and date of birth. Noukie’s reserves the right not to give the gift or promotional code to the consumer in the event of suspected fraud.

13.2.6 Newsletter signup

The subscriber will receive newsletters from Noukie’s and Archimède every week. He/she will be kept informed about promotions, operations and news, via email or SMS.

This is on condition that the consumer has agreed to the seller sending him/her emails or SMS for commercial purposes.

The subscriber can unsubscribe from the newsletter at any time.

13.2.7 Invitation to promotions which are exclusive to the customer loyalty scheme

The subscriber will be invited and can benefit from promotions and operations which are exclusively for members of the customer loyalty scheme - such as private sales and other specific operations.

13.3 Right to cancel

The consumer has the right to exercise his/her right to cancel by notifying the seller in writing (contact@noukies.com or at the address mentioned below) by using the model cancellation form or by means of an unambiguous declaration, within 14 days after the purchase of the subscription. The consumer will be refunded the total of the subscription which he/she paid, less the promotions from which he/she may have benefited by means of the subscription’s benefits.

Subject to compliance with the conditions above, there are no exceptions to the right to cancel.

Except in the event of legitimate reasons, any claim made after the 14 days following the receipt of the order will be considered to be ineligible.

13.4 Fraud

The subscription is strictly personal and is therefore for use by a single account, held by one person. Use by multiple people will be considered fraudulent.

13.5 Payment method

The seller agrees not to charge the consumer without his/her explicit authorisation. So when the subscription comes to an end, Noukie’s will not charge the consumer for the following year. The subscription will automatically come to an end 365 days after the purchase of the subscription.

The consumer will be notified 15 days before the end of his/her subscription, so that he/she can renew it.

The VAT rate of 21% will be applied to the subscription for all countries, except France (20%) and Italy (22%).

13.6 Termination of the subscription

The consumer may terminate his/her subscription at any time by going to the “My Account” section of the site www.noukies.com or www.archimede.be, by making a request in a Noukie’s store or by contacting Customer Service, using the email address contact@noukies.com. If the subscriber terminates his/her subscription after the 14 day period of the right to cancel, he/she will not be refunded for the ongoing annual subscription.

13.7 Personal data protection

The personal data of the site’s users is collected and stored for the fulfilment of the contract and order management. Every user has the right to refuse, on request and free of charge, the processing of his/her personal data for direct marketing purposes. Every user also has the right to correct and delete his/her data at any time and at no cost.

Personal data is processed in accordance with the legal provisions in force.

Personal data is accessible and modifiable in the “My Account” section of www.noukies.com or www.archimede.be.