Last revised on May 17, 2016.
The following General Terms and Conditions of Sale have the sole purpose of formalizing sales on the website www.najel.net (hereinafter referred to as “Najel Shop website”) between the buyer (hereinafter referred to as “the customer”) and the seller (hereinafter referred to as “SAS|NAJJAR").
The General Terms and Conditions are accessible on this website at any time for the customer, and also at the time of order confirmation. The customer can, at any time, consult the descriptive notice of each product on the Najel Shop website to know all its characteristics. Consequently, placing an order implies complete and unreserved acceptance by the customer of these General Terms and Conditions.
The sale of our products on the Najel Shop website is exclusively reserved to the end customer, that is an individual person not acting as a retailer in any capacity. Consequently, orders received from professional clients on the Najel Shop website will not be fulfilled by SAS|NAJJAR.
In this regard, SAS|NAJJAR reserves the right to cancel any order of an abnormal nature such as an order for quantities of products which exceed the normal needs of a customer or any abnormal receipt of orders to the same billing and/or delivery address.
Professional clients can place an order by logging into their account or, if they do not have one, by creating one.
ARTICLE 1. PREAMBLE
SAS|NAJJAR strives to ensure, to the best of our ability, that the information on this website is accurate and up to date. We reserve the right to correct its content at any time.
In spite of the care taken in putting together the information, errors, omissions or inaccuracies may occur. SAS|NAJJAR accepts no liability for direct or indirect prejudice of any nature, wholly or partially resulting from the use of the website. The Najel Shop website was developed from the open source PrestaShop app.
The Najel Shop website is the exclusive property of SAS|NAJJAR, a simplified joint-stock companywith a capital of 200,000 Euros, registered in the Lyon Register of Trade and Companies (RCS Lyon) under the number 481.996.668 and whose headquarters is located within the Business Park of the Mens: Parc d’activité du Mens, 45 allée du Mens 69100 Villeurbanne, France. Telephone: +33 (0)4 78 80 99 34, Email : firstname.lastname@example.org. Opening hours: Monday to Friday, 9 am - 1 pm and 2 pm - 5 pm.
CEO: Manar NAJJAR | RCS LYON : 481996668 | SIRET NUMBER: 48199666800010 | APE code : 2041Z | Intra-Community VAT: FR55481996668
ARTICLE 2. ACCEPTANCE OF THE GENERAL TERMS OF SALE
These general terms of sale apply to all business relations contracted via the Najel Shop website between the customer and SAS|NAJJAR.
The customer can consult the general terms of sale on the Najel Shop website at any time of the order. The general terms of sale can be modified at any time by SAS|NAJJAR and, for this reason, users are encouraged to consult them regularly.
Placing an order on the Najel Shop website implies complete and unreserved acceptance by the customer of the General Terms and Conditions of Sale of SAS|NAJJAR as well as the loyalty program, the conditions of which are detailed below in article 6 of these General Terms and Conditions of Sale.
No special terms and conditions other than the terms and conditions contained herein shall be binding upon SAS|NAJJAR unless with formal, written acceptance from SAS|NAJJAR. Any condition invoked by the customer stating otherwise will therefore, without specific authorization, not be binding for SAS|NAJJAR, regardless of when it may have been brought to their attention.
ARTICLE 3. ORDER AND CONFIRMATION
The customer can browse the Najel Shop website and find out about the different products offered for sale by SAS|NAJJAR, without any commitment to purchase.
The customer selects the item(s) of their choice and adds them to the shopping basket. At any moment, the customer can obtain a summary of their selected products and their prices, and make any necessary changes, by clicking on their basket. The customer is also informed of the amount of delivery costs or free delivery at any time by clicking on their basket.
To order their selected products, the customer clicks on the “Order” button in their basket. Existing customers must log in to their customer account. For new customers and if this is their first order, there are two possibilities: either create a customer account or enter their details directly into the form displayed to validate an express order without creating a customer account on the Najel shop website.
The customer is then asked to enter their delivery and billing address. They can also leave a comment about their order or its delivery in the field provided.
After validation of the delivery and billing addresses, the customer is informed about delivery costs or free delivery.
The customer confirms their acceptance of the General Terms and Conditions, that they can read or refer back to, by ticking the box provided
The customer then chooses their payment option, either PayPal account, or credit card via PayPal without a PayPal account or bank transfer. Orders are only payable in Euros. If paying by PayPal or credit card, the customer is automatically re-directed to PayPal’s secure payment server.
As long as order payment has not been validated by the customer, they can still go back to their order summary to make any modification or add a promotional code by clicking on the “summary” button.
The order is confirmed and registered after confirmation of payment by PayPal or credit card, or after confirmation of the bank transfer.
A detailed order confirmation is sent by email to the customer. This order confirmation lists all items in the order, and indicates the exact price invoiced as well as the terms of delivery.
Order-tracking is also available by clicking on the button in the «My account» menu.
Orders can no longer be modified once payment is confirmed by the user. To request cancellation of an order which has not yet been dispatched, users must contact SAS|NAJJAR by email or phone.
Orders are processed upon receipt of payment. If payment is not made within 15 days of the order being registered, the order will be cancelled.
SAS|NAJJAR reserves the right to cancel any order from a customer who is in arrears with respect to any payment or in dispute concerning payment of a previous order, or for any other valid reason including the abnormality of the order.
In accordance with Article 12 mentioned below, the customer has the right to withdraw an order and be reimbursed within fourteen (14) working days from the date of reception of products by the customer.
ARTICLE 4. PRODUCT AVAILABILITY
Product offers on the Najel Shop website are valid only within the limit of stock availability. SAS|NAJJAR reserves the right not to renew some of its products.
If a product is not available after ordering, the customer will be informed as soon as possible by email or by phone of the delivery date or of cancellation of the order. The customer may request a refund for the amount they paid by bank transfer or via PayPal, or ask for the product to be exchanged.
Product photographs and texts are not contractual. The presentation of articles and/or packaging may be subject to change.
ARTICLE 5. PRICING
Prices on this website, indicated in Euros, are subject to change during the year and are valid throughout the European Union excluding the French overseas territories (DOM and TOM). They take into account any reductions, as well as French VAT, applicable on the date of the order.
Any order placed on the Najel Shop website and delivered outside the European Union and to the overseas French territories (DOM and TOM) will be invoiced without VAT. Orders may be subject to taxes, customs duties and other fees which are imposed when the package reaches its destination. These additional costs are payable by the customer and is their responsibility.
Prices indicated on the Najel Shop website are valid within the limits of available stocks on the day of the order, except in the case of an obvious typing error or omission.
Promotional offers are only valid in the validity period of the offer concerned.
Prices indicated on the site do not include delivery costs that will be invoiced in addition or waived depending on the size of the order and the country of delivery. The customer can see delivery costs throughout the order process, by clicking on the basket, as well as when they confirm the order.
Delivery costs do not include customs and other supplementary fees that may be required to enter some countries. These costs remain the sole responsibility of the customer.
The customer accepts that SAS|NAJJAR reserves the right to modify its prices at any moment.
Products remain the sole property of SAS|NAJJAR until full payment is made to SAS|NAJJAR. At no time, can amounts paid be considered as a deposit or installment.
In addition, SAS | NAJJAR has a loyalty program whose terms and conditions are detailed below.
ARTICLE 6. DELIVERY COSTS
Delivery costs correspond to the Colissimo postage costs. They are calculated according to the weight and total volume of the articles ordered (within a limit of 30 kg) and the distance to be covered.
Users are also informed at all times as to delivery costs or free delivery by clicking on the basket when placing an order and when their order is confirmed.
ARTICLE 7. PAYMENT AND SECURITY
Payment of orders on the Najel Shop website is exclusively in Euros.
The total amount of the order is payable online when placing the order, by credit card or by PayPal account or by bank transfer to the company account of SAS|NAJJAR.
Credit cards accepted are: Visa, Eurocard and Master Card
Online payments on the Najel shop website are made through the PayPal platform to ensure optimal security and confidentiality for the customer.
If payment is rejected by the payment centre, the order will be cancelled and the customer informed by email or by phone.
In the case of bank transfer and in the absence of payment within 15 days following the placement of an order, the latter will be cancelled.
The customer guarantees their right to use a credit card account and that this account contains sufficient funds to cover all costs resulting from the use of the services of the Najel Shop website.
ARTICLE 8. DISPATCH AND DELIVERY
DISPATCH : orders are processed as soon as possible by SAS|NAJJAR upon receipt of payment. PayPal or credit card payments ensure quick processing of an order. SAS|NAJJAR is open Monday to Friday inclusive, excluding annual winter and summer closures which will be indicated on the home page of our website. Prices and sales are from Villeurbanne 69100 (Rhône) in France.
SAS|NAJJAR undertakes to deliver your order as soon as possible and within a maximum of 30 days from receipt of payment. The customer is informed by email when the order has been dispatched. The customer can track delivery of their package by logging into their account.
DELIVERY : products are delivered based on the information indicated on the Najel Shop website and on the order form. It is up to the customer to note all necessary details for the delivery of their order, adding where possible, a phone number and email for the recipient, digicodes, building, floor, stair numbers etc.
SAS|NAJJAR has chosen to send packages by post with the Colissimo service (*). This service delivers within 48H - 72H in metropolitan France. These deadlines are valid in working days, and under the condition of no postal problems.
If the customer is absent at the time of delivery, they can collect their parcel from their nearest post office within 15 days from the date of delivery as indicated on the advice note left in their mail box.
SAS|NAJJAR undertakes to make every effort to ensure parcel delivery by Colissimo as soon as possible.
LATE DELIVERY | NO DELIVERY : In case of late delivery of more than 7 days from dispatch date or if the parcel is lost, the customer is asked to inform SAS|NAJJAR as soon as possible so as to conduct enquiries with the post office.
If the product is not found after investigation (that may last 21 days from the start of the investigation with the ColiPoste service), the parcel is considered to be lost by the post office. At this time, SAS|NAJJAR will send another parcel to the customer, subject to the availability of products at that date.
If the lost products are no longer available at that time, SAS|NAJJAR will reimburse the customer for the amount of these products.
For the Colissimo Access Service (delivery without signature), no claims can be taken into account should the parcel be considered to be delivered by the post office on the Colissimo website.
SAS|NAJJAR declines any responsibility with regard to delivery delays by the carrier. Compensation and damages cannot be claimed for late delivery.
In cases of force majeure (**), the sale may be cancelled and the buyer can obtain a refund of the amount paid but will not be entitled to any claim for compensation. Delivery within stated times can only take place if the purchaser is up to date with his obligations to the seller.
If products are unavailable at the time of ordering, we will suggest a delivery date subject to your approval.
(*) For further information about deliveries by the Colissimo service, please follow this link: http://www.colissimo.fr/particuliers/Aide/Questions_Reponses/Suivre_un_colis/Delais_de_livraison/faq_suivi_delais.jsp
(**) Considered to be cases of force majeure releasing the seller from liability to deliver are war, riot, fire, strikes, accidents and the impossibility to be supplied. The seller will keep the buyer informed in a timely manner of cases and events listed above.
ARTICLE 9. RECEIPT OF DELIVERY
The customer is responsible for checking the condition of the package on delivery and for reporting any problems (damage, opened parcel, damaged parcel, broken items…) to the carrier by way of handwritten, signed reservations on the delivery slip.
The customer must report any damages immediately to SAS|NAJJAR, within a delay of 7 days, for a claim to be made to the carrier, Coliposte.
SAS|NAJJAR will send replacement products, at its expense, to the customer.
It is considered that verification has been made when the buyer, or a person authorized by them, has signed the delivery slip given by the carrier.
ARTICLE 10. RIGHT OF WITHDRAWAL
CONDITIONS : In accordance with article L.121-21 of the French Consumer Code, the customer has fourteen days from receipt of the complete order, to cancel an order, without having to give any reason or without incurring penalties.
To exercise this right of withdrawal, the customer must notify the trader of their decision to withdraw the order by a written declaration, free of all ambiguity, indicating their first and last names, email, address, and the order number and date:
• By email : email@example.com
or by post : SAS|NAJJAR | LA BOUTIQUE NAJEL | 45 allée du Mens | 69100 Villeurbanne | France
A withdrawal form, available on our website here, may be used to help in processing.
PRODUCT RETURN : The customer must return the products no later than fourteen (14) days after informing us of their decision to cancel. Products must be returned in their entirety, unopened and undamaged. Only products returned in their original condition (with packaging, accessories, instructions etc.) will be accepted.
In this context, the customer is responsible for any product damage. Any damage sustained by the product can give grounds to cancel the right of withdrawal. Products which are opened, damaged, soiled, used or incomplete will not be accepted.
Parcel returns must be addressed to: SAS|NAJJAR | LA BOUTIQUE NAJEL | 45 allée du Mens | 69100 Villeurbanne | France
accompanied by the withdrawal form available on our website or the following information on a blank sheet of paper:
First and last names, email, address, order number and date.
Return costs of the complete order or products are at the customer’s charge.
REFUND : In the case of the customer exercising their right of withdrawal on the whole order, SAS|NAJJAR will reimburse the amount paid by the customer within 14 days, from the day the company is informed of the customer’s decision to cancel.
In the case of withdrawal by the customer for a part of the products in the order, SAS|NAJJAR will reimburse the amount of the returned products.
The refund will be made by the same payment means as that used for the order.
SAS|NAJJAR may withhold reimbursement until the products have been received and verified.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL : In accordance with article L.121-21-8 of French Customer Code, the right of withdrawal does not apply to:
• the supply of goods which are liable to deteriorate or expire rapidly
• the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for obvious reasons of hygiene or protection of public health.
ARTICLE 11. GUARANTEE OF QUALITY
The customer benefits from the statutory warranty against hidden defects on delivered products. If a defect is proven, SAS|NAJJAR agrees to refund or exchange defective or non-compliant products within fourteen (14) days. For any question about a product or any claim, the customer can contact SAS|NAJJAR by email or by phone.
ARTICLE 12. LIABILITY
The products offered on this site are in compliance with current French legislation.
SAS|NAJJAR notes that in accordance with Article 1124 of the Civil Code, dependent minors have no rights and obligations in contract. Therefore, any orders for minors must be placed by parents or guardians. In the case of accidental collection of identifiable data relating to minors, parents or guardians can oppose conservation of this data and/or its transmission to third parties.
Hypertext links may redirect the user to sites other than the site www.najel.net. SAS|NAJJAR declines all responsibility should the content of these other websites contravene current laws and regulations.
SAS|NAJJAR notes that any hypertext link to the home page or any other page of the current website is subject to the express, prior written agreement of SAS|NAJJAR.
ARTICLE 13. DISPUTES
The following general conditions are subject to French law.
SAS|NAJJAR shall not be held liable for any damage of any kind, whether material, immaterial or bodily injury, which may result from the misuse of marketed products.
If difficulties arise in the application of this contract, the customer can, before taking any legal action, seek an amicable solution and call upon assistance from an industry trade association, a consumer association or any other adviser of their choice.
Claims and disputes will always be received with due respect, with the claimant always presumed to be acting in good faith. In the case of dispute, the customer should first contact the company to try and obtain an amicable solution.
Under law number 78-17 of 6 January 1978 relating to Information Technology and Protection of Privacy, as amended by law number 2004-801 of 6 August 2004 relating to the protection of individuals with regard to the processing of personal data, the Najel Shop website is registered with the French data protection authorities, the CNIL (Commission Nationale de l'Informatique et des Libertés).
Note that personal information requested from the customer is needed to process the customer's order and is intended for internal use. This personal data may nevertheless be transmitted to third party partners.
The customer has the right to access, modify, correct or oppose any personal data relating to themselves.
To do so, the customer simply needs to contact SAS | NAJJAR’s Customer Service Department by post or email.
USER DATA PROTECTION
Any use of www.najel.net website involves a voluntary personal data transmission.
According to the Data Protection Act of January 6th, 1978, data and use of the collected information are recorded in a file that is about to be declared to the CNIL (French National Agency regulating Data Protection).
We hereby undertake to make a fair use of your data.
WHEN DO WE COLLECT YOUR PERSONAL DATA ?
PERSONAL DATA COLLECTED
www.najel.net collects personal information for your subscription on this website for order management, exchanges with the commercial service, participation in a game contest or when you give these information on your own initiative. On this basis, you are committed to give accurate and up-to-date data.
Data collected includes personal data to directly identify yourself or to permit identification. It is the case during your subscription of our website whan you give personal data such as name, surname, mail address, password and date of birth. Professionnal clients also gives the name of their company, Siret, APE and website. In the subscription form, some of these information marked with an asterisk are mandatory and some are optional.
We also collect personal data when you buy our products or use our services.
PERSONAL DATA USE
These data permits to manage orders, invoices, delivery and claims, update customer file that is related to prospection, development of trade statistics, management of the requests for user access, rectification and opposition.
We can send you promotions subject to your agreement unless opposed by you.
WITH WHOM DO WE SHARE THESE DATA ?
Only authorized persons within SAS NAJJAR company can access to your personal data when it is necessary for commercial relations.
Our service profiders can also receive personal data stricly requested for the management of different services such as online payment, website maintenance.
As we are responsible of the management of your personal data, we strive to protect as much as possible your data.
Data are collected in the respect of the French and European laws.
Your personal data stored won't be kept beyond the strictly necessary time for the management of our commercial relationship and your use of services offered by www.najel.net.
However, the law can impose us to keep necessary data to testify a right or a contract. It can be stored in conformity with the French Commercial Code for time retention of books and documents created for commercial activity and in conformity with the French Consumer Code related to the storage of contracts concluded electronically. For these operations, the data is kept for ten years.
|Social sharing||Social networks can improve the usability of the site and help to promote it via the shares|
WHAT ARE YOUR RIGHTS AND HOW TO EXERCISE THEM?
According to the Data Protection Act of January 6th, 1978, modified in 2004, you have at any time, a right of access, rectification and opposition to all your personal data, except those for which registration is required by law, that you can exercise by contacting SAS NAJJAR by the following email address : firstname.lastname@example.org or by mail to the following address : SAS NAJJAR 45 allée du mens- 69100 Villeurbanne.
Any request must give the name, surname and identity card copy of the user.
ARTICLE 15. INTELLECTUAL PROPERTY
In accordance with the laws governing ownership of literary and artistic rights or other similar rights, the Najel Shop website and all its components, brands, drawings, models, logos, graphics etc. as found in the present site, as well as their compilation, are the exclusive property of SAS|NAJJAR or of its suppliers. The latter do not grant any license or any right other than to consult the Najel Shop website.
The reproduction or use of all or part of these elements is expressly prohibited.
Any other use constitutes infringement and shall be sanctioned under the laws governing intellectual property in the absence of the prior, written authorization of SAS|NAJJAR.
ARTICLE 16. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
Given the possible evolution of the website, SAS|NAJJAR reserves the right to adapt or to modify these general terms and conditions of sale at any time. In this case, the new general terms and conditions of sale will be notified to the customer by amendment online and will apply only to sales that are made after the amendments.
Last updated on 17th May 2016