General Terms and Conditions
[ updated on March 7, 2024 ]
Scope of application
These general conditions of sale (hereinafter “GTC”) as well as the Namazmé Policy relating to “online data protection” and the relevant “Legal Notices” are applicable to the namazme.com website (hereinafter “ namazmé”, “namazme.com”, “the site”, “the Boutique”, “the Online Store” or “the NAMAZMÉ Online Store”), which offers the sale of products bearing the commercial brand “NAMAZMÉ” (hereinafter -after jointly the “Product(s)”). The Products are sold directly on the namazme.com Online Store, a company incorporated under English law whose head office is located at 9 Queen’s Yard, White Post Lane, London, England, E9 5EN, UK, registered with Companies House for England and Wales under number 09840344. Any order or purchase of Products on the Namazmé Online Store constitutes full acceptance of these General Terms and Conditions by the customer making a purchase there (hereinafter the “Customer”). These General Terms and Conditions are accessible from all pages of the Online Store. They may be modified at any time and the applicable conditions are those that the customer accepts when placing an order.
The customer certifies having the legal capacity to enter into the commitments provided for herein.
Any order placed on the site constitutes acceptance of these general conditions as well as our confidentiality policy.
Languages
The namazme.com site is published in French and translated into other languages. The customer acknowledges that the different translations of the site are offered for his comfort when browsing the NAMAZMÉ online store and that the language chosen by the customer may be different from the language used by namazme regarding the ordering and receipt of products by the customer, which depends on the location of the delivery address indicated by the customer.
Products
The products offered for sale on the namazmé.com Online Store are described and presented with the greatest possible precision (specifications, illustrations, size, composition, etc.). However, the customer is advised to consult the description of each product by clicking on each “Description” in order to find out more about the product concerned, in particular as to the characteristics sought by the customer, because the customer is solely responsible for the choice and of purchasing a product. The customer is recommended to contact namazmé via the contact form for any additional information on the products.
Prices
The prices applied are those appearing on the Online Store at the time of the order. The customer is informed that prices are subject to change. Thus, in the case where the customer has created a customer account, the prices displayed in the “My account/My orders” section of the order summary page correspond to the prices paid by the customer for his previous orders. The prices indicated are calculated at a “T” time and may be modified without notice, the “Order again” functionality is therefore likely to offer the same product for sale at a price different from that paid during a previous order. The customer must therefore check the price in effect at the time of the order, which is indicated when the product is placed in the basket. Prices are indicated in EUR (€) and do not include order delivery costs (hereinafter the “Delivery Costs”). These delivery costs are indicated to the customer on the basket consultation page as well as on the order summary page, before validation and payment of the latter.
Payment
The Products are paid in EUR (€). Any display of conversion in another currency is purely indicative in order to provide browsing comfort to the customer(s). Any mandatory taxes and duties as well as any bank charges are always the responsibility of the customer. For all countries, payment for the order will be made by credit card (Visa, Mastercard), GooglePay or Apple Pay. Namazmé has set up a secure payment system for all orders placed on the online store. Payments are made on an external platform through a payment provider that complies with security standards. Payment will be considered validated after confirmation of the payment agreement made by the issuing organization. In the event of refusal by the bank, the order will be automatically refused and Namazmé will therefore be released from any obligation and responsibility towards the customer. The customer can download their invoice from their personal space in the “My orders” section.
Order process
The customer is invited to select the chosen products and put them in the shopping cart by clicking on the “Add to cart” button. The customer is invited to consult the summary of their order at any time by clicking on the “View Basket” button (available at the top right of all pages of the Online Store). At this stage, the customer can check the details of his order, identify possible errors made in data entry and correct them or delete one or more product(s). After validation of the basket by clicking on the validation button, the customer is required to create a customer account if this has not already been done, this step is mandatory in order to create the customer account which will give him access to a personal space where he can track their orders and access invoices. Namazmé cannot be held responsible for the inaccuracy of the information communicated by the customer when creating their account. In order to finalize his order, the customer: • must confirm its delivery and billing address or indicate a new delivery and/or billing address. • is then invited to pay the amount of his order via secure payment by clicking on the “Order” button. The sale will only be considered final after the payment transaction has been accepted and confirmed by e-mail by Namazmé to the customer confirming acceptance of the order by e-mail to the email address indicated by the Customer. The Customer formally accepts the use of email for confirmation by Namazmé of the content of their order. Namazmé reserves the right to refuse to honor the order in cases where it is abnormal, abusive or contrary to the provisions of the General Terms and Conditions. Likewise, Namazmé will not be held responsible if the smooth administrative and/or technical progress of an order on the site is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond its control or there appears to be a strong presumption of fraud, or that fraud has occurred in any form whatsoever, particularly electronically, in which case Namazmé reserves the right to interrupt or cancel the order in progress. In these cases, the customer will be informed by e-mail of the cancellation of his order and will be reimbursed for the sums he has, where applicable, paid prior to the cancellation of his order by Namazmé.
Product availability
The Products are offered while stocks last. Information on product availability is provided at the time of placing the order on the product page. The availability of products in the basket is kept for 15 (fifteen) minutes, after which they are automatically put back into the stock available for sale. If it turns out that despite Namazmé’s vigilance, the products ordered are no longer available, Namazmé will inform the customer by any means (phone call or e-mail) as quickly as possible. Namazmé incurs no liability in the event of stock shortages or unavailability of Products. No debit corresponding to the unavailable product(s) will be made to the customer’s bank account in the event of unavailability of one or more product(s). If payment has already been made, the customer will be reimbursed for the part of the payment corresponding to the unavailable product(s).
Cancellation of order in progress
Once payment has been made, the customer cannot modify their order. However, if the order has not yet been prepared, the customer can cancel their order by contacting an advisor via the contact form located at the bottom of the site pages. In this case, the Customer will be informed by e-mail of the cancellation of their order and, where applicable, will be reimbursed for the sums they have paid prior to the cancellation of their order.
Delivery
Namazmé delivers to many countries, the order can be placed if the customer’s delivery address is eligible. Any order placed on the namazme.com website cannot be collected from the store. Delivery of the ordered products is made to the delivery location indicated by the customer (“Delivery Address”) according to the delivery method chosen by him when placing the order. Information regarding delivery methods is accessible from the basket validation page, as well as on the order summary page, before payment. No delivery will be made by Namazmé if full collection of the price proves impossible. The customer will bear the consequences (delay in delivery, impossibility of delivery, return of products to Namazmé, additional transport costs, etc.) resulting, where applicable, from the erroneous and/or incomplete nature of the information provided by him with a view to the delivery. delivery and/or absence of the customer at the time of delivery. Namazmé will make every effort to ship the products to the customer as quickly as possible once the order is placed, in accordance with the delivery method chosen by the customer when placing the order. Notwithstanding the foregoing, in all cases, delivery will be made within a maximum period of thirty (30) working days from receipt of the order confirmation email, subject to product availability, such as: as indicated to the customer at the time of ordering. In the event of absence or delay in delivery, the customer must contact customer service as soon as possible via the contact form located at the bottom of the pages of the site. In this case, the customer can either request a new estimated delivery date or cancel the order and receive a full refund. The delivery time indicated when registering the order is given for information purposes only and is in no way guaranteed. Consequently, any “reasonable” delay in delivery cannot give rise to the buyer’s claim for damages or cancellation of the order.
Receipt of products
The risks on the products are transferred to the customer upon delivery, that is to say at the moment when the customer (or any third party designated by him) takes physical possession of the Products concerned. Upon delivery of the order, the customer must check the conformity and condition of his order in the presence of the carrier and issue, where applicable, any useful reservations concerning apparent defects (missing product, damaged package). It is also up to the customer (or any third party designated by him) to check the number and condition of the products upon delivery by the carrier. If the package received is open or visibly damaged, or if all or part of the products in the package are damaged, missing or do not correspond to the order, the customer (or any third party he or she has designated) is invited to refuse receipt. of the package or products concerned and to issue, in the form of handwritten reservations accompanied by your signature, any anomalies noted in writing and sufficiently detailed with the carrier (open package, package or item(s) damaged or missing) or non-compliant(s) with the order, etc.). In any event, the customer also undertakes to notify Namazmé without delay via the contact form located at the bottom of the pages of the site in order to allow Namazmé to carry out an investigation with the carrier and/or to exercise the recourse to the carrier within the time limits provided for by the applicable regulations.
Return of products
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to provide reasons or pay a penalty, provided that the Products are returned in their original packaging and in perfect condition within fourteen days of receipt of the Product. Returns must be made in their original condition and complete (packaging, accessories, instructions, label(s), etc.) allowing their re-marketing in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products will not be returned. The right of withdrawal can be exercised online, using the returns form. If the right of withdrawal is exercised within the aforementioned period, only the price of the Products purchased and the delivery costs are reimbursed. In the event of a partial return, only the price of the returned Products is refunded. Return costs remaining the responsibility of the Customer. The refund will be made by the seller within fourteen days from receipt of the Products returned by the Customer under the conditions provided for in this article. For obvious hygiene reasons, worn products are neither returned nor exchanged (article L. 221-23 of the Consumer Code). The Products must be returned from a country in the delivery area available on the site and according to the terms set out herein. Namazmé will not be responsible for loss, damage and/or delays linked to returns made from a country located outside the delivery area and/or not respecting the following terms and conditions. All possible additional costs (taxes and/or customs duties) and/or possible formalities for clearance at customs for a return from a country located outside the delivery zone will be exclusively the responsibility of the customer. As part of the exercise of the right of withdrawal, the products must be returned in their original condition and packaging (the box and shipping carton), accompanied by their purchase invoice or a copy in case partial return. Our products are delivered in a box, so if it is not returned or is damaged a fixed deduction of €6 will be deducted from the refund. Products purchased in stores cannot be exchanged or returned via the site.
Legal guarantee
The products sold by Namazmé are subject to the conditions of legal guarantees provided for by articles L217-4 to L217-14 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees. These legal guarantees apply independently of the commercial guarantee.
Responsability
Under no circumstances can Namazmé be held liable for any damage that does not result from a failure by Namazmé to fulfill one of its obligations. Namazmé’s liability cannot be enforced if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. A delay cannot give rise to compensation, and does not grant the customer the right to cancel the order or refuse delivery. Force majeure releases us from any kind of liability. As such, force majeure means any external, unpredictable and irresistible event within the meaning of article 1148 of the Civil Code.
Transfer of ownership – Transfer of risks
The transfer of ownership of the Seller’s products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the delivery date of said products. Whatever the date of transfer of ownership of the products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the products. The products therefore travel at the Seller’s risk (article L.138-4 of the Consumer Code).