These general terms and conditions of sale apply to all sales concluded through the website nibs-plus-ultra.com, subject to any specific terms indicated in the product descriptions.
ARTICLE 1: Legal information
The website nibs-plus-ultra.com is an online shop operated by:
Nibs Plus Ultra
10 rue de Penthièvre
75008 Paris, France
RCS Paris 900 566 712
EU VAT number: FR82 900 566 712
Email: contact@nibs-plus-ultra.com
hereinafter referred to as “Nibs Plus Ultra” or “we”.
The address indicated above is a postal address only. Nibs Plus Ultra does not have a retail shop open to customers.
The website is hosted by o2switch, whose registered office is located at 222-224 boulevard Gustave Flaubert, 63000 Clermont-Ferrand, France.
ARTICLE 2: Essential characteristics of the products and services sold
The website nibs-plus-ultra.com offers the following products for sale:
fountain pens;
ink (bottles and cartridges);
stationery;
fountain pen and desk accessories.
The essential characteristics of each product are presented on its product page.
The customer, hereinafter referred to as “the buyer” or “you”, declares that they have read these general terms and conditions of sale before placing their order. Validation of the order constitutes full and complete acceptance of these general terms and conditions of sale.
In photographs taken by us, our products may be displayed alongside other products, for example a fountain pen shown with a bottle of ink or a notebook. Products used for illustrative purposes are in no way included in the price of the product shown, unless expressly stated otherwise on the product page.
ARTICLE 3: Prices
Product prices are stated in euros, inclusive of all applicable taxes (including VAT), unless otherwise indicated as a result of the VAT rules applicable in the country of delivery.
For deliveries to countries and territories where French VAT does not apply, the price excluding VAT and any taxes payable in the country of destination are determined in accordance with the tax rules applicable to the sale concerned.
For deliveries outside the European Union, customs duties, taxes or other import charges may be payable in the country of destination. Unless otherwise indicated at the time of ordering, any such charges are payable by the buyer.
Delivery charges are not included in the selling price of the products. They are displayed during the ordering process, before the order is validated, and vary in particular according to the weight of the parcel, the destination country and the delivery method selected.
For any order delivered to mainland France, Corsica, other European Union countries, Monaco or Andorra, with a value of €120 or more, standard delivery is free of charge.
ARTICLE 4: Product availability
The availability of a product is indicated on its product page. For fountain pens, it may first be necessary to select the desired line width so that availability for the selected configuration is displayed.
When the status “in stock” is shown, the product is available at our premises and is generally dispatched within 24–48 hours of receipt of payment, excluding weekends and public holidays.
When the status “available to order” is shown, the product is not currently available at our premises. We order it from our supplier as soon as the order is received. The estimated time for receipt at our premises is indicated on the product page when known.
When the status “unavailable” is shown, the product is not available at our premises and may be temporarily unavailable from our supplier or sold out.
Availability is updated regularly. Despite the care taken to keep this information up to date, exceptional unavailability may occur, particularly when the same reference is subject to simultaneous orders.
In such circumstances, we will inform the buyer as soon as possible and, depending on the circumstances, offer a new estimated delivery time, an equivalent product when available, or cancellation of the relevant order with a refund of the amounts paid.
ARTICLE 5: Orders
Products may be ordered directly from the website from Monday to Sunday, 24 hours a day.
If an order is placed during a weekend or public holiday, it will be processed from the following working day.
To place an order, the buyer selects the items they wish to purchase and adds them to their basket. They then select the delivery method, provide the information required for delivery and, where applicable, may log in using their customer account or create one.
The buyer then selects their payment method and must read and accept these general terms and conditions of sale.
Before making payment, the buyer is invited to check the contents of their order, the characteristics of the products selected, the delivery address, the delivery method chosen and the total amount of the order.
The order is definitively validated once payment has been confirmed. Validation of the order creates an obligation to pay for the order.
An order confirmation email is sent to the email address provided by the buyer.
When the products are in stock, the order is generally dispatched within 24 hours of receipt of payment, excluding weekends and public holidays.
For products that are not in stock, the order is generally dispatched within 24–48 hours of their arrival at our premises, subject to availability from the supplier.
After receiving their order, the buyer may receive an email inviting them to leave a review of the products purchased.
ARTICLE 6: Delivery – carriers, destinations, delivery times, charges and customs
6.1 Delivery arrangements
We take the greatest care when preparing and dispatching orders.
We work in particular with La Poste, Chronopost and Mondial Relay.
The collection times indicated below are those generally observed by the carriers:
Monday to Friday at 4 pm and Saturday at noon for La Poste and Chronopost;
Monday to Saturday at 10 am for Mondial Relay.
Orders are delivered to the destinations offered during the ordering process. The countries and geographical areas served, the delivery methods available and their charges are indicated to the customer according to the delivery address provided.
Delivery times are indicated to the customer during the ordering process, depending on the destination country and the delivery method selected. Unless otherwise stated at the time of ordering, these delivery times are provided for information purposes only.
If the recipient is absent when a home delivery is attempted, a delivery notice or notification may be left to allow the recipient either to collect the parcel from a collection point or to reschedule its delivery.
6.2 Free delivery
For any order delivered to mainland France, Corsica, other European Union countries, Monaco or Andorra, with a value of €120 or more, standard delivery is free of charge.
6.3 Customs duties and import taxes
For orders shipped outside the European Union, the buyer may be considered the importer of the products into their country of destination.
Any customs duties, import taxes and other charges imposed by the authorities of the destination country are payable by the buyer, unless otherwise indicated at the time of ordering.
The buyer is responsible for any formalities and charges associated with importing the products into their country.
6.4 Shipment tracking
As soon as the order is dispatched, we send the buyer an email containing a tracking link, where the carrier provides this service.
6.5 Returned parcels
6.5.1 Failure to collect a parcel from a collection point
We will contact the buyer to determine the arrangements for reshipping the parcel or, where applicable, issuing a refund.
The cost of reshipping an uncollected parcel will be charged to the buyer if the buyer requests a new shipment.
6.5.2 Failure to pay import duties and taxes
For orders shipped to countries where customs duties, import taxes or customs clearance fees are payable, these charges are the responsibility of the customer, unless otherwise stated at the time of ordering.
If the customer refuses to pay these charges, or if failure to pay results in the parcel being returned to Nibs Plus Ultra, a refund may be issued once the parcel has been received and its condition has been checked.
The refund will be calculated after deducting the costs actually incurred by Nibs Plus Ultra as a result of the return, including return shipping costs, non-refundable shipping charges and any customs duties or handling fees charged to our company, insofar as such deductions are permitted by law.
Any deductions made will be substantiated and will not result in the customer being charged twice for the same costs.
6.5 Delivery damage and incidents
We prepare orders with the greatest care to ensure that the products are protected during transit.
If a parcel is visibly damaged upon delivery, the buyer is encouraged, where possible, to make a reservation or report the damage to the carrier and to contact us promptly, providing photographs of the parcel and product where necessary.
In the event of loss, damage or a delivery issue, Nibs Plus Ultra will follow up the claim with the carrier and exercise the rights available to the buyer under applicable legislation.
ARTICLE 7: Payment methods
Orders may be paid for by:
Visa, Mastercard or American Express bank card;
Apple Pay;
Google Pay;
PayPal, with the option of paying in four interest-free instalments, subject to the terms offered by PayPal.
The payment methods available are indicated during the ordering process.
Payment is secured by the payment service provider used by Nibs Plus Ultra. The banking details required for payment are processed securely by the payment service provider and are not disclosed to Nibs Plus Ultra.
The order is processed once payment has been confirmed.
ARTICLE 8: Right of withdrawal – Returns
8.1 Principle
In accordance with the provisions of the French Consumer Code, consumers have fourteen days from receipt of the goods to exercise their right of withdrawal, without having to give any reason or incur any penalty.
Where an order consists of several goods delivered separately, the withdrawal period begins on receipt of the last item.
Nibs Plus Ultra grants consumers an additional commercial period: the product must be returned within a maximum of fourteen days following notification of the decision to withdraw.
The total period allowed for withdrawal is therefore 28 days from receipt of the order.
8.2 How to exercise the right of withdrawal
Consumers may exercise their right of withdrawal:
using the withdrawal functionality available on the website, where offered;
by email to contact@nibs-plus-ultra.com;
or by any other unequivocal statement expressing their decision to withdraw.
Where withdrawal is exercised online using the dedicated functionality, an acknowledgement of receipt is sent to the consumer on a durable medium.
Simply refusing to accept a parcel or simply returning the product, without a statement clearly expressing the intention to withdraw, does not in itself constitute notification of withdrawal.
8.3 Return costs
For returns made from within the European Union, Monaco and Andorra, return costs are covered by Nibs Plus Ultra in accordance with the arrangements communicated to the customer.
For returns made from countries outside the European Union, Monaco and Andorra, return costs are payable by the sender, unless a legal provision requires otherwise.
If the buyer chooses to use their own carrier for a return, they remain responsible for ensuring that the parcel reaches Nibs Plus Ultra safely. They are responsible for choosing a shipping method that provides proof of dispatch and, given the value of the product, for taking out appropriate insurance.
8.4 Condition of returned products
Consumers may handle the product during the withdrawal period to establish its nature, characteristics and proper functioning.
However, they are liable for any depreciation of the product resulting from handling beyond that necessary to establish its nature, characteristics and proper functioning.
To allow the product to be resold, we ask, where possible, that it be returned in its original packaging and condition, together with all accessories and documentation.
For fountain pens, we strongly recommend that the pen not be filled or inked before a final decision has been made to keep it.
Where a fountain pen has been filled or used with ink, Nibs Plus Ultra may, where justified by the condition of the product, carry out the necessary cleaning and, where applicable, deduct from the refund an amount corresponding to the depreciation actually observed.
As an indication, where a fountain pen requires complete cleaning due to the presence of ink in the feed, converter or nib, cleaning costs of up to €60 including VAT may be deducted, and up to €100 including VAT for sterling silver fountain pens, urushi models and exceptional models, where these costs correspond to depreciation actually observed.
No deduction will be made solely as a result of normal handling of the product necessary to establish its nature, characteristics and functioning.
Returned products are inspected upon receipt.
8.5 Products made to the consumer’s specifications or clearly personalised
In accordance with the law, the right of withdrawal does not apply to goods made to the consumer’s specifications or clearly personalised.
A special order for a product that is not normally presented on the website does not, in itself, constitute an exclusion from the right of withdrawal. The exclusion applies only where the statutory conditions are actually met.
8.6 Exchanges
Where a product is returned as part of an exchange, the consumer’s statutory rights remain applicable to the replacement product.
The practical arrangements for the exchange are agreed with the customer on a case-by-case basis.
8.7 Refunds
Where the right of withdrawal has been validly exercised, Nibs Plus Ultra will refund the amounts paid by the consumer, including the standard initial delivery charges, in accordance with the conditions laid down by law.
Any additional costs resulting from the consumer choosing a more expensive delivery method than the standard delivery method offered will not be refunded.
The refund will be made within fourteen days of notification of the withdrawal. However, in the case of a sale of goods, Nibs Plus Ultra may defer the refund until the goods have been recovered or until the consumer provides proof that the goods have been dispatched, whichever occurs first.
Once the returned product has been received and the return conditions have been met, Nibs Plus Ultra undertakes to issue the refund within three working days of receipt.
The refund will be made using the same payment method as that used for the original order, unless the consumer has expressly agreed to another method of reimbursement.
ARTICLE 9: Statutory warranties
Products sold by Nibs Plus Ultra are covered by the statutory warranties provided for by the French Consumer Code and French Civil Code.
9.1 Statutory warranty of conformity
Consumers have two years from delivery of the goods to invoke the statutory warranty of conformity.
For new goods, during this period, defects in conformity that appear are presumed to have existed at the time of delivery, except in the cases provided for by law.
In the event of a lack of conformity, the consumer has the right to request repair or replacement of the goods, subject to the conditions laid down by law.
Bringing the goods into conformity will be carried out at no cost to the consumer and within a reasonable period, which may not exceed thirty days from the consumer’s request.
If repair or replacement is impossible, refused or cannot be carried out under the conditions laid down by law, the consumer may be entitled to a price reduction or termination of the contract under the statutory conditions.
Where goods are repaired under the statutory warranty of conformity, the warranty period is extended by six months.
Where the consumer has requested repair but the seller does not carry it out, replacement of the goods results in a new statutory warranty period under the conditions laid down by law.
No costs may be charged to the consumer for bringing goods that have been found to be non-conforming into conformity.
The statutory warranty of conformity does not cover defects resulting in particular from improper use of the product, an accident, unauthorised modification or wear resulting from normal use of the product.
The consumer may exercise their statutory warranty of conformity by contacting Nibs Plus Ultra at: contact@nibs-plus-ultra.com
Nibs Plus Ultra is the consumer’s point of contact for the statutory warranty of conformity. Any involvement of a manufacturer or supplier for the purposes of diagnosis or repair does not deprive the consumer of their rights against Nibs Plus Ultra.
9.2 Statutory warranty against hidden defects
Consumers may also rely on the statutory warranty against hidden defects provided for under Articles 1641 et seq. of the French Civil Code.
The seller is liable for hidden defects in the goods sold that render them unfit for the purpose for which they are intended, or that so substantially reduce their usefulness that the buyer would not have purchased them, or would have paid a lower price, had they known of the defects.
Any action based on hidden defects must be brought in accordance with the conditions and time limits provided for by law.
ARTICLE 10: Refund conditions and time limits
Except where otherwise provided by law or these general terms and conditions of sale, refunds are made using the same payment method as that used for the original order.
In the event of exercising the right of withdrawal, the refund conditions set out in Article 8 apply.
In the event of the statutory warranty of conformity being invoked or the sale being terminated under the conditions provided for by law, the refund will be made in accordance with the applicable legal provisions.
Where a refund is made following a return, Nibs Plus Ultra undertakes, once the returned product has been received, to issue the refund within three working days, subject to any statutory provisions allowing the refund to be deferred.
ARTICLE 11: Consumer complaints and mediation
Any complaint should first be addressed to Nibs Plus Ultra by email at: contact@nibs-plus-ultra.com
Nibs Plus Ultra endeavours to handle every complaint carefully and as promptly as possible.
In the event of a dispute, the consumer must first submit a written complaint to Nibs Plus Ultra in an attempt to reach an amicable resolution.
In accordance with the provisions of the French Consumer Code relating to consumer mediation, after submitting a prior written complaint to Nibs Plus Ultra and where no amicable resolution has been reached, the consumer may refer the matter, free of charge, to the consumer mediator appointed by Nibs Plus Ultra:
Association des Médiateurs de Bretagne Ouest (AMBO)
112 rue Colbert – B37
56100 Lorient
Email: mediation@ambo.bzh
Website: https://www.mediation-consommation.ambo.bzh/
The mediator must be contacted in accordance with the conditions and within the time limits provided for by the provisions of the French Consumer Code.
ARTICLE 12: Intellectual property
All elements appearing on the website nibs-plus-ultra.com, including texts, descriptions, photographs, illustrations, images, logos, graphic elements and editorial content, are protected by intellectual property laws.
Nibs Plus Ultra holds the necessary rights to the elements it publishes or uses on its website.
Any reproduction, representation, adaptation or use, in whole or in part, of elements of the website without prior authorisation is prohibited, subject to the exceptions provided for by law.
The content may be used solely for personal and private purposes, in accordance with applicable legal provisions.
ARTICLE 13: Liability
Nibs Plus Ultra is responsible for the proper performance of its obligations arising from the contract concluded with the buyer, under the conditions provided for by law.
Nibs Plus Ultra shall not be held liable for any failure resulting from force majeure or from an event that is not attributable to it and that it could not reasonably have foreseen or prevented.
The photographs and illustrations appearing on the website are produced with the greatest care in order to present the products as accurately as possible.
Slight differences may nevertheless appear between the photographs and the product actually delivered, in particular due to photographic conditions, display settings on different screens, or variations inherent in the materials and finishes of the products.
Such differences shall not constitute a lack of conformity where they do not affect the essential characteristics of the product.
These limitations shall under no circumstances have the effect of depriving consumers of their statutory rights.
ARTICLE 14: Personal data
Nibs Plus Ultra processes the personal data necessary to manage its business activities, including order management, payment, delivery, customer relationship management, handling enquiries and, where the customer has given their consent or where permitted by applicable regulations, sending commercial communications.
The data that may be processed may include identification and contact details, billing and delivery addresses, information relating to orders, payments and returns, as well as information necessary for managing the business relationship.
Banking details entered during payment are processed by the relevant payment service providers. Nibs Plus Ultra does not retain the complete banking details required to process payments.
Data may be transmitted to service providers involved in fulfilling the order, including payment service providers, carriers and, where necessary, technical service providers involved in operating the website.
Data are retained for as long as necessary to fulfil the purposes for which they are processed and for the periods required by legal obligations, particularly accounting and tax obligations.
In accordance with applicable data protection regulations, data subjects have, in particular, the rights of access, rectification, erasure, restriction of processing, objection and, where the applicable conditions are met, data portability.
To exercise their rights or obtain further information concerning the processing of their personal data, data subjects may contact Nibs Plus Ultra at:
Detailed information concerning the processing of personal data, the purposes of processing, legal bases, recipients, retention periods and the exercise of rights is provided in the Privacy Policy available on the website nibs-plus-ultra.com.
For commercial communications, recipients may unsubscribe at any time using the link provided for this purpose in the relevant emails.
ARTICLE 15: Applicable law and dispute resolution
These general terms and conditions of sale are governed by French law.
Where the buyer is a consumer residing in another Member State of the European Union, any mandatory consumer protection provisions applicable in their country of residence shall remain applicable where provided for by law.
In the event of a dispute, the consumer is invited to contact Nibs Plus Ultra first in order to seek an amicable resolution.
If an amicable resolution cannot be reached, the consumer may refer the matter to the consumer mediator under the conditions set out in Article 11 of these general terms and conditions of sale.
Any dispute that cannot be resolved amicably shall fall within the jurisdiction of the competent courts in accordance with the applicable jurisdiction rules. These general terms and conditions of sale shall not have the effect of depriving a consumer of the jurisdiction of a court to which they are entitled under mandatory applicable provisio
