General Terms and Conditions

[ updated March 07, 2024 ]

Scope of application

These General Terms and Conditions(hereinafter “GTC”) together with Namazmé’s “Online Data Protection Policy” and the relevant “Legal Notice” are applicable to the namazme.com website (hereinafter “namazmé”, “namazme.com”, “the site”, “the Shop”, “the Online Shop” or “the NAMAZMÉ Online Shop”), which offers the sale of products bearing the “NAMAZMÉ” trademark (hereinafter jointly the “Product(s)”). The Products are sold directly on the namazme.com Online Shop, a company incorporated under English law with its registered office 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 shop implies full and complete acceptance of these GTC by the customer making the purchase (hereinafter the “Customer”). These GTC are accessible from all pages of the online shop. They may be modified at any time and the applicable conditions are those that the Customer accepts when placing an order.
The customer certifies that he/she has the legal capacity to enter into the commitments set out herein.
Any order placed on the site implies acceptance of these terms and conditions and of our confidentiality policy.

Languages

The namazme.com site is published in French and translated into other languages. The customer acknowledges that the various translations of the site are offered for his/her comfort when browsing the NAMAZMÉ online shop and that the language chosen by the customer may be different from the language used by namazme concerning 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 shop are described and presented as accurately as possible (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, particularly as regards the characteristics sought by the customer, as the customer is solely responsible for the choice and purchase of a product. The customer is advised to contact namazmé via the contact form for any further information on the products.

Prices

The prices applied are those shown on the online Boutique at the time the order is placed. Customers are informed that prices are subject to change. Thus, if 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 previous orders. The prices shown are calculated at a point in time “T” and may be changed without notice. The “Order again” function may therefore offer the same product for sale at a different price to that paid for a previous order. The customer should therefore check the price in force at the time of ordering, which is indicated when the product is placed in the basket. Prices are indicated in EUR (€) and do not include the cost of delivery of the order (hereinafter referred to as the “Delivery Costs”). These Delivery Costs are indicated to the Customer on the basket consultation page and on the order summary page before the order is validated and paid for.

Payment

Products are paid for in EUR (€). Any display of conversion into another currency is purely for information purposes in order to make browsing easier for the customer(s). Any compulsory taxes and duties as well as any bank charges are always payable by the customer. For all countries, payment of 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 shop. Payments are made on an external platform via a payment service provider that complies with security standards.
The payment will be considered validated after confirmation of the payment agreement by the issuing organisation. In the event of refusal by the bank, the order will be automatically refused and Namazmé will then be released from all obligations and liability towards the customer. The customer can download his invoice from his personal space under the heading “My orders”.

Order process

Customers are invited to select their chosen products and add them to the shopping basket by clicking on the “Add to basket” button.
The customer is invited to consult the summary of their order at any time by clicking on the “View Basket” button (available in the top right-hand corner of every page of the Online Boutique). At this stage, the customer can check the details of their order, identify any errors that may have been made in entering the data and correct them, or delete one or more products.
After validating the basket by clicking on the validation button, the customer is asked to create a customer account if they have not already done so. This step is compulsory in order to create the customer account that will give them access to a personal space where they can track their orders and access invoices.
Namazmé cannot be held responsible for any inaccuracy in the information provided by the customer when creating their account.
In order to finalise the order, the customer:
– must confirm their delivery and billing address or enter a new delivery and/or billing address.
– is then invited to pay for their order via the secure payment system by clicking on the “Checkout” button.
The sale will only be considered final once the payment transaction has been accepted and Namazmé has confirmed acceptance of the order by e-mail to the e-mail address indicated by the Customer. The Customer formally accepts the use of electronic mail for confirmation by Namazmé of the content of its order.
Namazmé reserves the right to refuse to honour the order in cases where it is abnormal, abusive, or contrary to the provisions of the GTCS. Similarly, Namazmé shall not be held responsible if the proper administrative and/or technical processing of an order on the site is disrupted by a virus, computer bug, unauthorised human intervention or any other cause beyond its control or if there is a strong presumption of fraud, or that fraud has occurred in any form whatsoever, including computer fraud, in which case Namazmé reserves the right to interrupt or cancel the order in progress.
In such cases, the customer will be informed by e-mail of the cancellation of the order and will be reimbursed for any sums paid prior to the cancellation of the order by Namazmé.

Product availability

Products are offered subject to availability. Information on product availability is provided when the order is placed on the product page. The availability of products in the basket is retained for 15 (fifteen) minutes, after which they are automatically returned to the stock available for sale. If, despite Namazmé’s vigilance, the products ordered are no longer available, Namazmé shall inform the customer by any means (telephone call or e-mail) as soon as possible. Namazmé shall not be held liable in the event of the Products being out of stock or unavailable. No debit corresponding to the unavailable product(s) will be made to the customer’s bank account in the event of the 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

OOnce the payment has been made, the customer cannot modify the order. However, if the order has not yet been prepared, the Customer may cancel the order by contacting an advisor using 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 any sums 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 a shop.
The products ordered are delivered to the delivery address indicated by the customer (“Delivery Address”) according to the delivery method chosen by the customer when placing the order. Information concerning delivery methods is accessible from the basket validation page, as well as on the order summary page, before the order is paid for. No delivery will be made by Namazmé if it proves impossible to collect the full price. The customer shall bear the consequences (delay in delivery, impossibility of delivery, return of the products to Namazmé, additional transport costs, etc.) resulting, where applicable, from the erroneous and/or incomplete nature of the information provided by the customer with a view to delivery and/or the absence of the customer at the time of delivery. Namazmé will do its utmost to dispatch the products to the customer as quickly as possible once the order has been placed, in accordance with the delivery method chosen by the customer when placing the order.
Notwithstanding the above, in all cases, delivery will be made within a maximum of thirty (30) working days from receipt of the order confirmation e-mail, subject to the availability of the products, as indicated to the customer at the time of ordering. In the event of missing or delayed delivery, the customer must contact customer services as soon as possible using the contact form at the bottom of the site pages. In this case, the customer may either request a new estimated delivery date or cancel the order and receive a full refund. The delivery time indicated when the order is placed is given as an indication only and is in no way guaranteed. Consequently, any “reasonable” delay in delivery will not entitle the buyer to claim damages or to cancel the order.

*Germany, Austria, Belgium, Denmark, Spain (excluding islands), Estonia, Finland, Metropolitan France and Corsica, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Norway, Netherlands, Poland, Portugal (excluding islands) , United Kingdom, Czech Republic, Slovakia, Slovenia, Switzerland, Sweden.

Reception

The risks associated with the Products are transferred to the Customer upon delivery, i.e. when the Customer (or any third party designated by the Customer) takes physical possession of the Products concerned. On delivery of the order, the customer must check the conformity and condition of the order in the presence of the carrier and, if necessary, express any reservations regarding apparent defects (missing product, damaged package).
It is also the responsibility of the customer (or any third party designated by the customer) to check the number and condition of the products on delivery by the carrier. If the parcel received is open or visibly damaged, or if all or some of the products in the parcel are damaged, missing or do not correspond to the order, the customer (or any third party that he/she may have designated) is invited to refuse receipt of the parcel or products concerned and to express any anomalies noted in writing and in sufficient detail to the carrier (open parcel, parcel or item(s) damaged or missing or not conforming to the order, etc.) in the form of handwritten reservations accompanied by your signature. In any event, the customer also undertakes to notify Namazmé without delay via the contact form located at the bottom of the site pages in order to allow Namazmé to conduct an investigation with the carrier and / or exercise remedies against the carrier within the time limits provided by applicable regulations.

Return

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 justify his reasons, provided that the Products are returned within fourteen days of receipt of the Product. When exercising the right of withdrawal, Products must be returned in their original condition and packaging and complete (packaging, accessories, instructions, label(s), etc.) to enable them to be remarketed in new condition. No returns will be accepted and reimbursed without prior agreement from Namazmé in accordance with the terms and conditions set out herein.
Our products are delivered in a pouch, so if this one is not returned or is damaged a fixed deduction of 15€ will be deducted from the refund.
The right of withdrawal must be exercised online, using the returns form.

Once the return request has been validated by us:
– Metropolitan France, Corsica, Monaco, Germany, Austria, Belgium, Denmark, Spain (excluding islands), Estonia, Finland, Hungary, Italy, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Portugal (excluding islands), Norway, Poland, Czech Republic, United Kingdom, Slovakia, Slovenia, Sweden, Switzerland: it is the Customer’s responsibility to return the parcel to us using a pre-paid returns label to be printed and affixed to the parcel.
The prepaid returns label will be sent to the e-mail address given when the Customer placed the order.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Products purchased and returned, and the delivery costs will be reimbursed.

For all returns (parcels up to 1kg, plus €2 per additional kg), a flat-rate fee will be deducted from the refund as detailed below:
– Metropolitan France, Corsica, Monaco: -€10.99
– United Kingdom: -€16.50

For all returns (parcels up to 3kg, plus €2 per additional kg) a flat-rate fee will be deducted from the refund as detailed below:
– Germany, Belgium, Luxembourg, Netherlands: -€15.99
– Austria, Spain*, Ireland, Italy, Portugal* (*excluding islands: return at sender’s expense): -€19.99

For all returns (parcels up to 3kg, plus €5 per additional kg) a flat-rate fee will be deducted from the refund as detailed below:
– Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland: -€21.99
– Finland, Norway: -€25.00

Products must be returned from the country to which the customer has been delivered. Any return made from a country other than Metropolitan France, or the country of receipt listed above remains the responsibility of the customer and will not be covered by Namazmé who will not be responsible for any loss, damage and/or delays related to returns made from another country. Any additional costs (taxes and/or customs duties) and/or any formalities for customs clearance for a return from a country outside the European zone will be borne exclusively by the customer. 

Other countries not listed above: return label not provided by Namazmé, the customer will be responsible for returning the products to Namazmé, return costs to be paid by the customer (sender).
Reimbursement will be made by the seller within fourteen days of receipt of the Products returned by the Customer under the conditions set out in this article using the same means of payment as that used for the purchase. 

For obvious reasons of hygiene, products that have been worn or washed cannot be returned or exchanged (article L. 221-23 of the French Consumer Code).
Products that are damaged, soiled or incomplete cannot be returned.
Items that are no longer in stock or have benefited from a promotional discount cannot be returned or exchanged.
Products purchased in shops cannot be exchanged or returned via the site.

Legal guarantee

Under no circumstances shall Namazmé be held liable for any damage that does not result from a failure by Namazmé to fulfil one of its obligations. Namazmé may not be held liable 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 give the customer the right to cancel the order or refuse delivery. Cases of force majeure release us from all liability. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code.

Transfer of ownership – Transfer of risks

The transfer of ownership of the Vendor’s products to the Customer will only take place after full payment of the price by the Customer, regardless of the date of delivery of the 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 take place when the Customer takes physical possession of the products. The products therefore travel at the Seller’s risk (article L.138-4 of the French Consumer Code).