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Terms of Sale
1. Scope
These Terms of Sale apply, without restriction or reservation, to all sales made by Victor Neto, trading as Nacaba ("the Seller", "we"), to consumers and non-business buyers ("the Customer", "you") who wish to buy the products offered for sale ("the Products") on the website nacaba.fr.
They set out how to order, pay, receive delivery and return Products.
These Terms of Sale may be supplemented by specific conditions shown on the website before you place an order.
They apply to the exclusion of any other conditions, including those applying to sales through other channels.
They can be viewed at any time on nacaba.fr and take precedence over any other version or conflicting document. As these Terms of Sale may change, the version that applies to your order is the one published on the website on the date you place it.
2. Products
The Products sold on nacaba.fr are Montessori floor beds for children, currently The Nook, The Den and The Haven.
The main features of each Product, including specifications, illustrations, dimensions and weight capacity, are shown on its product page. Please read these before ordering. Photographs and illustrations are as accurate as we can make them, but slight variations in colour or finish may occur.
Please refer to each product page for the Product's key features and estimated delivery time.
The contractual information is provided in English and is confirmed at the latest when you validate your order.
3. Availability
Products are offered while stocks last, as shown when you place your order.
4. Seller's details
Victor Neto, trading as Nacaba 47 rue Vivienne 75002 Paris France Email: contact@nacaba.fr Phone: +33 6 52 09 58 17
You can access, correct, object to, delete and request a copy of your personal data at any time by contacting us at the address above or at contact@nacaba.fr. See our Privacy Policy for details.
By validating your order, you accept these Terms of Sale in full. You confirm that you have the legal capacity to enter into a contract and buy the Products offered on nacaba.fr.
5. Orders
5.1 Placing an order Choose the Products you would like on nacaba.fr and add them to your basket. Before confirming, you can check the details of your order and its total price, and correct any mistakes. Please check your order carefully and let us know straight away if anything is wrong.
Your order is placed when you accept these Terms of Sale and confirm your order at checkout. This also means you accept our Terms of Service.
The sale is final once we have sent you an email confirming we have accepted your order, which we send promptly after receiving full payment.
Every order placed, validated by you and confirmed by us as described above forms a distance contract between you and the Seller.
Unless proven otherwise, the data recorded in our systems is evidence of all transactions made with you.
We reserve the right to cancel or refuse an order from a Customer with whom there is an ongoing dispute about payment for a previous order.
You can follow your order using the tracking link in your dispatch confirmation email.
Our Products are sold to consumers for their personal use, not to businesses for resale. We therefore reserve the right to refuse orders of more than 10 units of the same Product.
5.2 Changing an order We'll do our best to accommodate any changes to your order, provided you email us at contact@nacaba.fr as soon as possible and before your order has been dispatched.
If we are unable to accept the change, any amount you have paid will be refunded within 14 days of us letting you know, unless you would prefer a credit note or an exchange.
5.3 Cancelling an order You can cancel your order free of charge at any time before it is dispatched by emailing contact@nacaba.fr. Once it has been dispatched, you can still return it under your right to cancel (see section 10).
6. Prices
Products are sold at the prices shown on nacaba.fr when your order is placed. Prices are in pounds sterling (£) and include VAT.
Prices take into account any discounts offered on the website at the time.
Prices are fixed for the period of validity shown on the website. Outside that period, we may change prices at any time. Prices include handling, shipping and delivery to UK addresses — delivery is free on every order.
The amount you pay is the total price of your order, including these charges.
7. Payment
Payment is taken in full when you place your order, through our secure payment system, by:
Card payments cannot be reversed except in the case of fraudulent use of the card, in which case you can ask for the payment to be cancelled and the money returned.
8. Delivery
We deliver to addresses in the United Kingdom only.
Orders are delivered within 2–6 working days of being placed (Monday to Friday, excluding bank holidays), to the address you give us at checkout. See our Shipping Policy for full details.
Delivery takes place when you (or someone you nominate) take physical possession of the Product. Unless a Product is unavailable, your order will be delivered in one go.
We will do our best to deliver within the timeframe above, which is an estimate. If your order has not been delivered within 30 days of the estimated delivery date, for any reason other than events outside our control or something on your side, you may cancel the sale by letting us know in writing. We will then refund everything you have paid within 14 days, without any deduction.
If the Product delivered does not match your order or is faulty, we will put it right or refund you, as set out in section 11.
We bear the risk of transport and will refund or replace any Product damaged in transit.
9. Ownership and risk
Ownership of the Products passes to you once you have paid in full, whatever the date of delivery.
The risk of loss or damage passes to you only when you, or someone you nominate, take physical possession of the Products. Until then, Products travel at our risk.
10. Your right to cancel (30-day returns)
By law, you have 14 days from the day you receive your order to cancel it without giving any reason. We extend this to 30 days.
To cancel, simply tell us clearly — by emailing contact@nacaba.fr, or by using the model cancellation form in Appendix 2. We will confirm receipt by email.
You must then send the Product back within 14 days of telling us you wish to cancel. Products should be returned complete (packaging, accessories, instructions), in the condition you received them, together with proof of purchase.
Return shipping is free: we cover the cost of sending the Product back.
We will refund the price of the Product and the original delivery charge within 14 days of receiving the returned Product (or, if earlier, of you providing proof that you have sent it back), using your original payment method.
You are allowed to handle the Product as you would in a shop to check it. If the Product has been used or damaged beyond that, we may reduce your refund to reflect the loss in value.
11. Our responsibility — your statutory rights
Our Products comply with the regulations that apply to them and are designed for household, non-professional use.
As a consumer, you have legal rights in relation to Products that are faulty, not as described, or not fit for purpose, in addition to your right to cancel. Under the Consumer Rights Act 2015, Products must be of satisfactory quality, fit for purpose and as described. In summary:
To make a claim, email contact@nacaba.fr with your order number and photos of the problem. We will cover the cost of returning a faulty Product. Refunds for faulty Products are made as quickly as possible and at the latest within 14 days of us agreeing that you are entitled to one, using your original payment method.
We are not responsible where a problem results from misuse, professional use, negligence or lack of care, normal wear and tear, accident or events outside our control. Please follow the assembly and use instructions supplied with each Product.
Nothing in these Terms of Sale affects your statutory rights, and nothing limits our liability for death or personal injury caused by our negligence, or for fraud.
12. Personal data
The personal data we ask for is needed to process your order and issue invoices. It may be shared with partners responsible for fulfilling, processing, delivering and taking payment for your order.
You have the right to access, correct, delete, restrict, object to and request a copy of your personal data. See our Privacy Policy for how to exercise these rights.
13. Intellectual property
The content of nacaba.fr belongs to the Seller and its partners and is protected by intellectual property law. Reproducing any part of it without permission is strictly prohibited.
14. Events outside our control
Neither party will be responsible for failing to perform, or delaying performance of, any obligation under these Terms of Sale where this is caused by an event outside its reasonable control. If this happens, we will let you know as soon as possible and, if the delay is significant, you may cancel your order and receive a full refund.
15. Governing law and language
These Terms of Sale are governed by French law. They are written in English, which is the language of the contract. If you are a consumer living in the United Kingdom, this does not deprive you of the protection of the mandatory laws of the part of the UK where you live.
16. Disputes
If you have a problem, please contact us first at contact@nacaba.fr — we'll do our best to sort it out.
If we cannot resolve a dispute between us, you can bring proceedings in the courts of the part of the UK where you live, or in the French courts. You may also use free consumer mediation. Our mediator is CM2C, 14 rue Saint-Jean, 75017 Paris, France — +33 1 89 47 00 14.
17. Acceptance
By placing an order on nacaba.fr, you confirm that you have read and accepted these Terms of Sale in full and agree to pay for the Products ordered.
Appendix 1 — Your statutory rights in brief
Under the Consumer Rights Act 2015, goods must be:
If they are not, you are entitled to the remedies set out in section 11. For more information, visit Citizens Advice (citizensadvice.org.uk).
Appendix 2 — Model cancellation form
Only complete and return this form if you wish to cancel your order. You can also just email us.
To: Nacaba — contact@nacaba.fr — 47 rue Vivienne, 75002 Paris, France
I hereby give notice that I wish to cancel my contract for the sale of the following goods: