Terms and conditions of sale

Effective date : February 2024

The Internet site www.nedejamei.com (hereinafter referred to as the “Site”) is published and operated by NEDE JAMEI, ENAWENTI S.A.S, a simplified joint stock company under French law, registered with the Toulon Trade and Companies Registry under no. 977 472 851, with its registered office at 8 rue du Grenache, 83330 Le Castellet – Telephone number: +33 07 67 12 65 45.

The Publishing Director is: Zoubair Hfaidh

The Site is hosted by : Hostinger.

The purpose of these General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) is to define the terms and conditions of sale of the Products to the Customer. Throughout the Site, the terms “we”, “us” and “NEDE JAMEI” refer to NEDE JAMEI. Please read these terms and conditions carefully before placing an order on the Site.

1.1 The purchase of NEDE JAMEI brand products offered on the Site (hereinafter the “Products”) is subject to these GTC.

1.2 The Products are exclusively intended to be sold to end consumers for their personal use, to the exclusion of any reseller or intermediary acting on behalf of resellers (hereinafter “Customer”, “you” or “your”).

1.3 Products ordered on the Site are delivered in the countries where we offer the e-commerce service.

1.4 We reserve the right to update, modify or replace any part of the T&Cs by updating the Site or posting changes. The current version of the GTC can be consulted at any time by clicking on the “GTC” hyperlink. The GCS in force at the time of the order are those effective on the Site at the date the Customer places the order, it being understood that any order for a Product placed on the Site constitutes a firm and definitive commitment and acceptance by the Customer of the GCS in force at the time of the order.

2.1 The Products offered for sale are those shown on the Site on the day they are consulted by the Customer. Each Product will be the subject of a description which, in addition to the photograph, will indicate: price, available sizes and colors, composition and special characteristics.

2.2 Despite all the care taken in presenting the Products on the Site, variations may exist between the product and its photograph, depending on the screen resolution and color definition of the user’s computer screen. NEDE JAMEI cannot be held responsible for any non-substantial errors or inaccuracies in the photographs or graphic representations of the Products on the Site.

2.3 Errors or modifications may occur in exceptional circumstances, particularly in the case of simultaneous orders of the same Product by several Customers. If the Product is unavailable after the order has been placed, we will inform you by e-mail or telephone as soon as possible. You will then have the choice between receiving the rest of the order or cancelling it. NEDE JAMEI shall not be held liable in the event that the Products offered on the Site are out of stock or unavailable.

2.4 NEDE JAMEI reserves the right to modify the Products offered on the Site at any time and without notice.

2.5 In order to ensure a better quality of service and availability of our Products for all Customers of the Site, NEDE JAMEI reserves the right to limit the quantity of Products that can be purchased per Customer or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.

All orders placed on the Site imply the Customer’s unreserved acceptance of the GCS.

3.1 User account

3.1.1 You will be required to register a user account on our Site in order to place orders on the Site. All the information required and the steps necessary to create an account are specified on the Site.

3.1.2 You agree to keep your username and password confidential. You acknowledge that any access to and/or use of your user account, as well as any information, data or communication relating to or traceable from your user name and password, shall be deemed to be : (a) accessed and/or used by you; or (b) posted, transmitted and validly issued by you. You agree to be bound by such access and/or use of your user account (including access and/or use for purchasing and ordering products) even if you have not authorized such use, and you agree that we may hold you responsible for such unauthorized access and/or use, as if you had performed it yourself.

3.1.3 If we have reason to believe that a breach of security or misuse of your user account is likely, we may require you to change your user name or password, or suspend your user account without notice.

3.1.4 You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information so that we may process transactions and contact you if necessary.

3.2 Ordering process

3.2.1 Product selection: you select the Products you want and add them to the shopping cart after selecting the size and color you want.

3.2.2 Checking the contents of your selection: you can check the contents of your basket while having the possibility of modifying, removing or adding Products.

3.2.3 Confirmation of delivery and billing details: you will be asked to confirm the delivery method and to indicate the delivery details necessary for the correct dispatch of your order. Unless otherwise instructed by the Customer, the billing address will automatically be the same as the delivery address.

3.2.4 Confirm payment method: you will be asked to select a payment method and enter the relevant information. For more information about the method of payment, please refer to Article 4 “Prices and Payment” below.

3.2.5 Order Confirmation: at the end of the order procedure described in Article 3.2, and after having accepted NEDE JAMEI’s General Terms and Conditions and Privacy Policy, please click on the “Confirm your order” button to confirm your order. It is your responsibility to check carefully that all your selections are correct before confirming your order.

3.3 Order acceptance

3.3.1 Once payment has been accepted, the Customer will receive an e-mail summarizing the items ordered, the billing and delivery address and the delivery method.

3.3.2 If part of your order is unavailable due to, among other things, a stock shortage, we will contact you to decide whether you wish to order the available Products from your order or whether you wish to cancel the entire order:

(a) If you decide to order the available Products of your order, an e-mail confirming shipment of the available part of your order will be sent to you. In this case, the amount we hold as payment for the unavailable part of your order will be returned to you and we will not be liable in any other way for the unavailable part of your order.

(b) If you decide to cancel the entire order, the amount held by us as payment for your order will be returned to you and we will not be liable in any other way in respect of such cancelled order.

3.4 Refusal of the Order

NEDE JAMEI reserves the right to refuse any order placed by a Customer with whom it has had a dispute concerning a previous order, or if NEDE JAMEI has reasonable grounds to suspect that such Customer has violated these GTC, or is engaged in fraudulent activity (including fraud or attempted fraud in connection with previous orders), or for any other legitimate reason (including, but not limited to, non-payment or partial payment of any amount owed by such Customer).

4.1 Product prices are quoted in Euros, inclusive of all taxes for France and the European Union, including delivery charges. For other countries, the prices shown include VAT but not any customs duties, so delivery will be invoiced. All orders must be paid for immediately at the time of ordering.

4.2 NEDE JAMEI reserves the right to modify the prices of the Products on the Site at any time without notice. The prices applied are those displayed on the Site at the time the order is placed.

4.3 NEDE JAMEI carries out regular checks to ensure that the prices charged or displayed on the Site are correct. However, information on the Site may contain errors (e.g., computer bugs, human error, technical errors, etc.), inaccuracies or omissions that may concern prices, promotions, offers or product delivery costs. If NEDE JAMEI finds any of these errors, inaccuracies or omissions in the order, the Customer will be informed as soon as possible. NEDE JAMEI reserves the right to cancel any such erroneous order in the event of significant pricing errors, even if the order was initially validated, unless the Customer agrees to pay the actual price of the Product.

4.4 The following methods of payment are accepted:

4.4.1 Payment by credit or debit card: we accept payment by the following credit and debit cards: Carte Bleue, Visa, Mastercard, American Express.

4.4.2 Payment by : Paypal, stripe.

4.5 Payments made on the Site are secured by third-party banking and credit institutions. No banking information concerning the Customer is transmitted via the Site.

4.6 At the time of payment, banks/credit institutions request the customer’s personal information in order to verify the identity of the card/account holder and to validate the transaction. Authentication is specific to each bank/credit institution. If you have any questions about your payment, please contact your bank/credit institution directly.

4.7 Your order will only be dispatched once your method of payment has been verified and full payment has been received.

The Products ordered remain the property of NEDE JAMEI until full payment for the Products has been received by NEDE JAMEI. The Customer assumes the risks (in particular of loss, theft or deterioration) associated with the Products delivered as from their delivery to the address indicated at the time of the order.

6.1 Delivery address

Products are delivered to the delivery address indicated by the Customer during the order process.

6.2 Delivery time

Delivery times vary according to the delivery address.

6.3 Delivery charges

Delivery charges are calculated on the basis of the delivery address and delivery method (e.g. standard delivery, express delivery). The price of delivery will be due in addition to the price of the Products purchased.

6.4 Delivery problems

6.4.1 Any failure to deliver, delay in delivery, unavailability or delay in the availability of your ordered Products, exceeding the estimated delivery time, must be reported to our Customer Service (customerservice.eu@nedejamei.com) as soon as possible. If the Products have not been delivered within 30 days of the order, and after formal notice to deliver within a reasonable time, the Customer will have the right to cancel the order and be reimbursed for the purchase price of the Products. NEDE JAMEI shall not be held responsible for any failure to deliver due to incorrect delivery information provided by the Customer at the time of ordering.

6.4.2 You must check the conformity of the Products delivered at the time of delivery and before signing the carrier’s delivery note. If you notice any anomalies (e.g. open package, damaged goods, etc.), you must indicate them on the delivery slip in the form of handwritten reservations.

6.4.3 If you have any reservations concerning the delivery, you must inform NEDE JAMEI Customer Service by e-mail as soon as possible, and in any event no later than fourteen (14) calendar days following receipt of the Products. After this period, and with the exception of hidden defects and claims related to the legal product warranty, no claim will be accepted by NEDE JAMEI.

6.5 You may return the Products to NEDE JAMEI in accordance with the conditions set out in Article 7 – Right of Withdrawal.

7.1 Right of withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Products to exercise his right of withdrawal from a contract concluded at a distance, without having to justify his reasons or incur penalties.

7.2 Exception to the Right of Withdrawal

In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for :

7.2.1 Goods that have been manufactured to customer specifications or that are clearly personalized, or that cannot be returned, or that are likely to deteriorate or expire rapidly;

7.2.2 For reasons of hygiene, textile products delivered with hygienic seals when these are removed, clothing that has been visibly worn and/or washed, jewelry such as piercings and earrings.

7.3 Withdrawal procedure

To exercise this right, the Customer must follow the procedure described below:

7.3.1 Cancellation request: the Customer must contact our Customer Service (customerservice.eu@nedejamei.com) to request the return of the Products, which must be done within a maximum of fourteen (14) days from receipt of the Products. No return of Products will be accepted without this prior declaration.

7.3.2 Product return: Products must be returned in their original packaging (including packaging materials such as protective covers, accessories, etc.), undamaged, with their labels attached, and unworn. We reserve the right not to accept the return of a Product if these conditions are not met.

7.3.3 Shipping: using the prepaid return label, you must return your package to the address indicated on the label within a maximum of fourteen (14) days by DHL. Any package returned after the prescribed deadline will be refused and returned to sender. We will not be responsible if any product you wish to return is lost, sent to the wrong address or delivered late, and you will be held fully responsible for any loss you may suffer due to or in connection with the shipping method you used. We reserve the right to refuse payment of return shipping costs in the event of repeated returns.

7.3.4 After evaluating the returned Products, we will inform you whether we have accepted the request to return the Products:

(a) in the event that we accept the return of the Products, the conditions set out in Article 7.4 shall apply;

(b) in the event that we do not accept the return of the Products, we will arrange for the Products to be returned to you at our expense.

7.4 Refunds

We will process refund requests within fourteen (14) days of receipt of the returned Products. The refund will be issued via the same method of payment and in the same currency as those used for the order. Please note that the time it takes for your bank to issue a refund on your payment card varies according to processing times. We have no control over this process and cannot be held responsible for any delays.

If you are found to have paid, directly to the relevant authorities, any tax or duty whatsoever on the importation of the Product you wish to return, NEDE JAMEI shall not incur any liability arising out of or in connection with any claim for refund of such taxes or duties by such authorities, or the possibility or impossibility of obtaining any such refund.

NEDE JAMEI will reimburse the Customer for the amount of the returned item(s) (price of the item(s)) including delivery charges, with the exception of charges corresponding to the Customer’s choice of a more expensive delivery method.

All products sold on the Site are subject to the legal guarantee of conformity (Articles L. 217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code).

8.1 Warranty of Conformity

NEDE JAMEI will deliver to the Customer products in conformity with the sales contract and free from any defect at the time of delivery of said Products, insofar as the Product is in conformity with the description, suitable for use and of satisfactory quality.

8.2 Hidden defects warranty

NEDE JAMEI must deliver to the Customer products free from latent defects which would render them unfit for the use for which they are intended, or which would substantially diminish their use.

8.3 If the Product does not comply with the requirements set forth in Articles 8.1 and 8.2 hereof, the Customer may, for a period of two (2) years from delivery of the Product (for the warranty of conformity) or discovery of the defect (for the warranty of latent defects), request that the Product be repaired or replaced at our expense.

8.4 If the repair or replacement of the defective Product is impossible or represents a disproportionate cost to NEDE JAMEI, you will not be entitled to the repair or replacement of the Product, but may instead request a price reduction or refund.

NEDE JAMEI attaches great importance to the protection of its customers’ personal data and has set up a Privacy Policy which can be consulted by clicking on the Privacy Policy link.

The Privacy Policy contains important information on the collection, use and protection of data and the use of cookies. The submission of your personal data through the Site is governed by our Privacy Policy. We recommend that you read it carefully.

We cannot be held responsible for :

10.1 All indirect, consequential, special and punitive damages, or damages resulting from loss or interruption of business, loss of data or loss of profits, arising out of or in connection with these T&C, whether the liability is based on contract, breach of warranty (express, limited or otherwise), or whether asserted in contract, tort (including negligence and product liability) or otherwise, and regardless of whether we have been advised of the possibility of such damages ; or

10.2 Any loss suffered or incurred, directly or indirectly, resulting from or in connection with your use of any Product, including any damage resulting from normal wear and tear, intentional damage, misuse, negligence, accident, abnormal storage and/or operating conditions, alteration or modification of any Product, or any failure to comply with our instructions (or those of any third party) on the use of such Product (whether written or otherwise), unless such liability arises from a breach by us of our obligations under these T&Cs or prescribed by applicable law.

We shall not be liable to you and shall not be deemed to have breached these GTCs by reason of any delay or failure in the performance of any of our obligations under these GTCs, if such delay or failure is due to an Event of Force Majeure as defined by French law. We will inform you of any delay or failure resulting from Force Majeure.

12.1 These GCS shall be governed by and construed in accordance with French law.

12.2 In the event of a dispute relating to the application or interpretation of these GCS, the Customer is invited to contact the NEDE JAMEI Customer Service Department for an amicable solution by writing to customerservice.eu@nedejamei.com.

12.3 The Customer may also have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with Ordinance no. 2015-1033 of August 20, 2015 and its implementing Decree no. 2015-1382 of October 30, 2015, and subject to Article L.612-2 of the French Consumer Code, any consumer dispute may be submitted to mediation by the CMAP (Centre de Médiation et d’Arbitrage de Paris).

To submit a dispute to the mediator, the Customer must complete the form on the CMAP website: www.cmap.fr under the “You are: a consumer” tab, send his request by ordinary or registered post to CMAP Médiation Consommateur, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an e-mail to consommation@cmap.fr. Whatever the method of referral to the CMAP, and in order to be processed rapidly, the Customer’s request must contain the following elements: his postal, electronic and telephone contact details as well as the full name and address of NEDE JAMEI, a brief description of the facts and evidence confirming that he has first attempted to resolve the dispute with NEDE JAMEI.

12.4 The Customer remains free to accept or refuse this recourse to mediation and, in the event of recourse to mediation, each party remains free to accept or refuse the solution proposed by the mediator.

12.5 If no amicable solution can be found and mediation is not used, each party may submit to the exclusive jurisdiction of the French courts for this dispute.

12.6 In addition, the European Commission provides a platform for out-of-court dispute resolution (OS platform). Customers can contact the European Consumer Centre or visit https://ec.europa.eu/consumers/odr.

Intellectual property

All contents of the www.nedejamei.com website (drawings, designs, illustrations, photographs, audio tracks, texts, logos, trademarks, etc.) are the exclusive property of NEDE JAMEI, ENAWENTI S.A.S. or one of its subsidiaries (hereinafter “NEDE JAMEI”). You have no right to reproduce, distribute, publish, transmit, create derivative works from or based on, modify or sell any content herein, in whole or in part, by any means or process (except as expressly provided herein).

The registered trademark “NEDE JAMEI”, the NEDE JAMEI logo and the rest of the trademarks and logos related to NEDE JAMEI, whether registered or not, displayed on the website www.nedejamei.com as well as the domain name nedejamei.com, are and remain the property of NEDE JAMEI, ENAWENTI S.A.S. Any reproduction, distribution, transmission, modification or use of these registered trademarks without the prior written consent of NEDE JAMEI, ENAWENTI S.A.S. is prohibited.

You may not remove any reference to copyrights, trademarks or any other indication of intellectual property rights contained on the www.nedejamei.com website or any other content included therein. You have the right to create copies of the web pages published on the www.nedejamei.com website for private and personal use and not for profit or commercial purposes, provided that the copies of said web pages contain all copyright or ownership notices as well as the rest of the intellectual property notices they contain.

The NEDE JAMEI, ENAWENTI S.A.S (“NEDE JAMEI”) website is an original creative work protected by intellectual property laws. The website and the elements it contains are the exclusive property of NEDE JAMEI. Reproduction or representation, in whole or in part, of the website or any of the elements it contains, as well as any modification, is strictly prohibited. The trademarks and domain names displayed on the NEDE JAMEI website belong exclusively to NEDE JAMEI. Any unauthorized reproduction or use of these trademarks or domain names, in any form or for any purpose, is strictly prohibited. NEDE JAMEI has taken all reasonable steps to ensure that the information obtained from the website is accurate. However, we do not guarantee the accuracy, integrity or currency of such information. NEDE JAMEI makes no warranties, express or implied, with respect to the Website in whole or in part. NEDE JAMEI shall not be liable under any circumstances for any direct or indirect damage of any kind resulting from the use of the Website. The registered trademark “NEDE JAMEI”, the NEDE JAMEI logo and the rest of the trademarks and logos related to NEDE JAMEI, whether registered or not, displayed on the website www.loewe.com as well as the domain name nedejamei.com, are and remain the property of NEDE JAMEI, ENAWENTI S.A.S. Any reproduction, distribution, transmission, modification or use of these registered trademarks without the prior written consent of NEDE JAMEI, ENAWENTI S.A.S. is prohibited.

You may not remove any reference to copyrights, trademarks or any other indication of intellectual property rights contained on the www.loewe.com website or any other content included therein. You have the right to create copies of the web pages published on the www.loewe.com website for private and personal use and not for profit or commercial purposes, provided that the copies of said web pages contain all copyright or ownership notices as well as the rest of the intellectual property notices they contain.

Limitation of liability

NEDE JAMEI, ENAWENTI S.A.S does not warrant or represent that the www.nedejamei.com website is free of viruses, worms, Trojan horses or other destructive media.

Gender equality

NEDE JAMEI supports the French government’s gender equality initiative. NEDE JAMEI, ENAWENTI S.A.S is committed to equality in the workplace. We are determined to pursue our efforts in this area.