ARTICLE 1 - GENERAL
1.1 Enforcement and Validity:
The present General Terms and Conditions are systematically given to each buyer belonging to the category of “distributor” to allow them to place an order (with delivery or pick-up of goods by the Client). “Distributor” refers to any legal entity marketing the product to the end consumer. By consequence, placing an order implies complete and unreserved acceptance by the Client of these General Terms and Conditions, to the exclusion of any other document. No special terms may supplement or waive these General Terms and Conditions without specific prior authorisation from SAS|NAJJAR stating the articles of the General Terms and Conditions which would thus be amended or supplemented.
1.2 Breach of General Principles:
SAS|NAJJAR may cancel accepted orders and/or terminate commercial relations without prior notice by refusing any further orders, by registered signed for letter, in particular in the following cases: adverse changes in the financial or commercial position of the Client that might lead to failure to pay, failure by the Client to fulfil their obligations, in particular in the event of late payment, failure by the Client to comply with consumer rights and/or competition law, in the case of force majeure, or comparable events. Should this result in accepted orders being cancelled, SAS|NAJJAR will be exempt from its obligation to deliver. The Client will not be entitled to any claim for compensation. Should SAS|NAJJAR fail to invoke any clause of the General Terms and Conditions at a given time, this shall not be construed as a waiver of any of these Terms and Conditions at a later date.
1.3 Applicable Law and Jurisdiction:
The applicable law is French law. Any and all disputes arising from transactions covered by these General Terms and Conditions will be referred to the “Tribunal de Commerce de Lyon” (the Commercial Court of Lyon), even where there are several defendants, and this is expressly accepted by the Client.
ARTICLE 2 – ORDERS
A Client order addressed to SAS|NAJJAR head office is an offer to enter into a contract, knowing that in all cases, an order cannot be inferior to 1000€ excluding VAT. The rates do not include transport. An order is deemed to be accepted only when it is fulfilled. SAS|NAJJAR reserves the right to refuse, reduce or split an order it judges abnormal in terms of quantity. Any modification requested by the Client can only be accepted if it does not give the initial order an abnormal character, if SAS|NAJJAR is notified in writing and if the latter receive the written notification at least 4 days prior to the delivery date indicated on the accepted order. An order can only be delivered to a single location, at a single date and time, and only one unique invoice can be issued. SAS|NAJJAR does not manage outstanding items. Due to this, it is necessary to reorder any product(s) that are out of stock.
ARTICLE 3 – DELIVERY
3.1 Delivery Times:
SAS|NAJJAR undertakes to comply as best as possible to the delivery times indicated at the time of ordering, but can in no case be held responsible for any delay in delivery. Consequently, late deliveries cannot give rise to claims for compensation or deductions, nor allow cancellation of orders in progress. SAS|NAJJAR is legally released from any obligation with regard to delivery times when the Client does not comply with their obligations, and in particular does not provide, in good time, the information required for processing the order, as well as in the case of force majeure or comparable events. SAS|NAJJAR undertakes, in this case, to warn the Client of the difficulty encountered.
Upon delivery, it is the Client’s responsibility to check the delivery note and the condition of the goods delivered. In the event of any missing item, loss or damage which may be due to transport, in accordance with
Article 133-3 of the French Code of Commerce, the Client must:
- record their clear, precise and complete reservations on the original transport documents and on the PDA of the delivery person and return the copy to the Seller
- within 48 hours of the date of delivery of the goods, inform SAS|NAJJAR in writing of the damage observed in the goods and provide every proof as to the reality of the defects and anomalies found. Failure to do so shall constitute a waiver by the Client to fault SAS|NAJJAR’s fulfilment of its contractual obligations.
ARTICLE 4 – PRICING
Orders are invoiced on the basis of the rates indicated in the price list attached herewith. These rates are subject to change without notice, depending on the evolution in price of raw materials and the geopolitical situation in Syria. Prices shown are ex works. The shipping costs are added to the bottom of the invoice and correspond to the current rate of the transport company chosen by SAS | NAJJAR and are calculated according to the volume/weight ratio of each order. SAS|NAJJAR will notify the Client of new rates as soon as they become available. Prices are indicated per unit excluding VAT. The VAT rate applied appears on the price list as well as on invoices with the following code: code 0: exempt of VAT - code 1: 20% - code 2: 5.5% - code 3: 7%.
Any taxes, duties, fees or other provisions of service payable under French regulations or those of an importing country or a transit country shall be borne by the purchaser. The goods are supplied at the price in effect on the day of invoicing.
Any price negotiation will be considered on a case-by-case basis depending on the Client's business volume and will be agreed upon in writing.
For any order that does not keep to the indicated packing of the products, a 10% increase on the price of the product concerned will be invoiced.
ARTICLE 5 - INVOICING AND PAYMENT TERMS
In accordance with Article L 441-3 of the French Code of Commerce, an invoice will be issued for each delivery and dated as the day of departure from the SAS|NAJJAR warehouses, with the exception of pro-forma invoices, payment of which is due before delivery. The issue date of the invoice is the starting point for the payment due date. Only one invoice can be issued per order in accordance with the provisions of article L 441-3 of the French
Code of Commerce. Invoices are payable in a single payment. A single payment does not entitle the Client to a discount. Payment can be made by check, wire transfer or credit card before shipment of goods. In absence of payment by the due date, the full amount of the invoice will be due immediately. Any delay in payment will, in full accordance with the law, and without further formality, result in the application of penalties equal to one and a half times the legal interest rate. As of 01/01/13, any debtor paying an invoice after the expiry of the payment deadline must pay their creditor a flat-rate compensation for recovery costs of the amount of € 40 SAS NAJJAR – 45 allée du Mens – 69100 VILLEURBANNE – France au capital de 200 000€ - RCS Lyon - Siret 481 996 668 00010 -(decree of October 2, 2012). In the case of insufficient funds in the Client’s bank account, the Client must bear related costs of € 23 per unpaid invoice.
For international transfers (outside the EU), a flat fee of 25 € will be charged.
ARTICLE 6 - RETENTION OF OWNERSHIP CLAUSE
6.1 Retention of Ownership Clause:
It is agreed that ownership of any goods ordered and delivered will be transferred to the Client only after full payment of the price and any incidental costs by the latter. By payment, it is understood the actual cashing of the means of payment. In the event of non-payment by the Client, SAS|NAJJAR may recover possession of the unpaid goods, without prejudice to any other compensation. All recovery costs and/or costs of proceedings will be borne by the Client.
6.2 Transfer of Risk:
The transfer of the risk of loss and deterioration of SAS|NAJJAR goods is effective as soon as the goods are given to the first carrier after loading operations or when picked up by the Client. It therefore follows that goods travel at the Client’s own risk and expense.
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.
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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 - Technoparc Saône Vallée Est - 315 rue Georges Charpak - 01390 Civrieux.
Any request must give the name, surname and identity card copy of the user.
ARTICLE 8 - INTELLECTUAL PROPERTY
All elements (trademarks, illustrations, templates, logos, graphics, ...) are the exclusive property of SAS|NAJJAR.
The reproduction or use of all or part of these elements is expressly forbidden.
SAS NAJJAR – Technoparc Saône Vallée Est - 315 rue Georges Charpak - 01390 Civrieux – France au capital de 200 000€ - RCS Bourg-en-Bresse - Siret 481 996 668 00028 - APE 2042Z - N°T.V.A.INTRA FR55481996668