General Terms and Conditions of Sale for Individuals

Version of 04/14/2026

These General Terms and Conditions of Sale (hereinafter “GTCs”) define the conditions under which Laboratoire NAJJAR (hereinafter the “Seller”) markets the products offered for sale on the website accessible at www.najel.net (hereinafter the “Najel Shop”) to the customer (hereinafter the “Customer”).

Any order placed on the Najel Shop implies full and unreserved acceptance of these GTCs.

The GTCs are accessible at all times on the website and are communicated to the customer prior to validating their order.

These GTCs apply exclusively to sales concluded with consumers as defined by the Consumer Code, i.e., individuals acting for purposes outside their professional activity.

Sales made to professionals are governed by specific General Terms and Conditions of Sale applicable to B2B clients.

 

ARTICLE 1. PREAMBLE

The Najel Shop is operated by:

Laboratoire NAJJAR
Company with a capital of 200,000 euros
Registered with the Trade and Companies Register of Bourg-en-Bresse under number 481 996 668
SIRET No.: 481 996 668 00028
APE Code: 2042Z
Intra-community VAT: FR55481996668
Head office: Technoparc Saône Vallée Est, 315 rue Georges Charpak, 01390 Civrieux – France

Phone: +33 (0)4 78 80 99 34
Email: boutique@sasnajjar.com

Opening hours: Monday to Friday from 9 am to 1 pm and from 2 pm to 5 pm

Manager: Manar NAJJAR

The Seller strives to ensure the accuracy and updating of the information published on the Najel Shop. It reserves the right to correct its content at any time.

However, it cannot be held responsible for errors or omissions that do not affect the essential characteristics of the products or the legal rights of the consumer.

The Najel Shop is hosted via the Shopify platform, a technical service provider for hosting and e-commerce management.

 

ARTICLE 2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale (GTCs) apply to all sales concluded on the Najel Shop between the Seller and the Customer.

They are accessible at all times on the website and are communicated to the customer prior to validating the order. They may be modified at any time by the Seller. For this reason, users are invited to consult them regularly.

The Customer declares having read these GTCs and accepted them without reservation before validating their order.

The validation of the order by the Customer constitutes full and unreserved acceptance of these GTCs as well as the terms of the loyalty program mentioned in Article 17.

In accordance with articles L221-5 and L221-14 of the Consumer Code, the Customer acknowledges having had the opportunity to check the details of their order, its total price, and to correct any errors before definitively confirming their order.

The applicable GTCs are those in force on the date of validation of the order.

No specific condition emanating from the customer can, unless expressly agreed to in writing by the Seller, prevail over these GTCs. Any contrary condition opposed by the Customer will therefore, in the absence of express acceptance, be unenforceable against the Seller, regardless of when it may have been brought to its attention.

If any clause of these GTCs is declared null or unenforceable, the other provisions will remain in force.

ARTICLE 3. ORDER AND VALIDATION

3.1 Order Process

The Customer can freely consult the products offered for sale on the Najel Shop.

To place an order, the Customer selects the products of their choice and adds them to their basket.
They can consult the details of their selection at any time, modify quantities, or delete items before validation. The Customer is also informed at all times of the amount or free shipping costs in France by clicking on their basket.

In accordance with articles L111-1 and L221-5 of the Consumer Code, the essential characteristics of the products are presented clearly and understandably on each product sheet before the validation of the order.

To finalize their order, the Customer:

■  identifies themselves or creates a customer account;

■  clicks on the "Order" button;

■  enters their billing and delivery details;

■  chooses their delivery method;

■  selects their payment method;

■  accepts these GTCs by checking the box provided for this purpose.

Before the final validation of the order, the Customer is informed clearly and in detail of the total price to pay, including delivery costs.

The validation of the order becomes final after payment confirmation.

Then, the Customer chooses their payment method to settle their order either by PayPal account, or by Credit card (Visa, Mastercard, American Express, Discover, Diners Club, JCB and China UnionPay), Apple Pay and Google Pay. Orders are only payable in euros.

By selecting a payment method, the Customer is automatically redirected to the corresponding secure payment platform: PayPal, Credit card (Visa, Mastercard, American Express, Discover, Diners Club, JCB and China UnionPay), Apple Pay and Google Pay.

As long as the payment of the order has not been validated, the Customer can return to the order summary to make any modification or apply a promotional code by clicking on the "Basket" button.

3.2 Definitive Nature of the Order

Any validated and paid order constitutes a firm and definitive commitment of the parties, subject to the exercise of the right of withdrawal provided for in Article 10 of these GTCs.

Computerized records kept in the Seller's or its service providers' systems constitute proof of communications, orders and payments between the parties.

A detailed acknowledgment of receipt of the order is sent to the customer's e-mail address. This acknowledgment of receipt summarizes all the elements constituting the order, including the exact amount invoiced and the delivery terms.

Order tracking is accessible in the customer area, under "My orders".

Order modification is no longer possible once payment has been validated. For any request to cancel an order not yet shipped, the Customer can contact the Seller by e-mail or by phone.

3.3 Payment and Default of Payment

The order is processed after effective validation of payment by banking organizations or payment service providers.

In the event of refusal of payment authorization by the organizations concerned, the order is automatically canceled.

Payment validation may be subject to security checks by banking organizations or payment service providers. In this context, order processing may be deferred until final payment confirmation.

3.4 Refusal or Cancellation of Order

The Seller reserves the right to refuse or cancel any order for legitimate reasons, particularly in the following cases:

■  order concerning quantities clearly abnormal given the needs of a consumer;

■  suspicion of fraud or fraudulent use of a payment method;

■  clearly erroneous or incomplete information;

■  lack of bank authorization;

■  unforeseen product unavailability;

■  obvious material error affecting the price or essential characteristics of the product;

■  impossibility of execution resulting from a case of force majeure.

In case of cancellation after collection, the sums paid will be reimbursed at the latest within fourteen (14) days from the notification of the cancellation.

In accordance with Article 10 mentioned below, the Customer has a right of withdrawal and reimbursement, within a period of fourteen (14) calendar days from the date of receipt of the products by the Customer.

In accordance with Article L221-13 of the Consumer Code, the professional provides the customer, under conditions allowing its preservation, with an order confirmation mentioning in particular:

■  pre-contractual information;

■  these GTCs;

■  the contact address;

■  the price paid and the ordered products.

 

ARTICLE 4. PRODUCT AVAILABILITY

The product offers proposed on the Najel Shop are valid only within the limits of available stock.

In case of unavailability of a product after validation of the order, the Customer will be informed as soon as possible by email or phone.

In accordance with Article L216-1 of the Consumer Code, in case of impossibility of execution of the contract resulting from the unavailability of the product, the Customer may:

■  either be reimbursed for the amount corresponding to the unavailable product within a maximum period of fourteen (14) days;

■  or accept a reasonable additional delivery time;

■  or accept a product of equivalent quality and price, subject to their express agreement.

In case of partial or total reimbursement, it will be made using the same payment method as that used during the order, unless the customer expressly agrees to another reimbursement method.

The Seller reserves the right not to renew certain products, without this giving rise to compensation.

The photographs, visuals and descriptions appearing on the Najel Shop are provided for illustrative purposes. Slight variations in presentation, packaging or labeling may occur, without altering the essential characteristics of the product.

In accordance with Regulation (EC) No 1223/2009 concerning cosmetic products, the information on the product packaging (in particular INCI composition, precautions for use, batch number, minimum durability date or PAO) shall prevail.

 

ARTICLE 5. PRICE

The prices of the products displayed on the Najel Shop are indicated in euros (€), all taxes included (TTC), including the VAT applicable on the day of the order.

They are valid for mainland France and the member states of the European Union, excluding overseas departments and territories.

In accordance with Article L112-1 of the Consumer Code, the Customer is informed, before the validation of their order, of the total price to pay, including delivery costs and any other additional costs.

Delivery costs are indicated separately before the validation of the order and vary according to the country of destination, the chosen delivery method, and the amount of the basket.

For any order delivered outside the European Union or to overseas departments and territories, customs duties, import taxes, or additional fees may be required by local authorities. These costs remain the exclusive responsibility of the customer.

The applicable prices are those in force at the time of order validation, subject to product availability.

The Seller reserves the right to modify its prices at any time, without retroactive effect on already validated orders.

In the event of an obvious and involuntary material error affecting the displayed price, particularly in the case of a price clearly derisory or unrelated to the value of the product, the Seller may cancel the order after having informed the Customer, in accordance with Article 3 of these GTCs.

Promotional offers are valid within the limits of available stock and for the duration indicated on the Najel Shop and are not cumulative with other offers, unless expressly stated otherwise.

Furthermore, the Seller has a loyalty program whose conditions are detailed in Article 17.

 

ARTICLE 6. SHIPPING COSTS

The shipping costs applicable to the order are indicated to the customer before its final validation, in accordance with Article L221-5 of the Consumer Code.

They vary according to:

■  the country of destination;

■  the chosen delivery method;

■  the weight and volume of the ordered products (within the limit of 30 kg);

■  the total amount of the basket.

The exact amount of shipping costs is specified in the basket and then summarized before payment.

6.1 Delivery in Metropolitan France

For deliveries in metropolitan France (including Corsica), the available delivery methods are specified during the order.

Costs are calculated according to the selected carrier and the characteristics of the package.

6.2 Delivery within the European Union

For deliveries to other member states of the European Union, shipping costs are calculated according to the country of destination, the chosen carrier, and the weight of the package.

6.3 Delivery outside the European Union

For deliveries outside the European Union, shipping costs cover only the transport of the package.

Any customs duties, import taxes, or additional fees imposed by local authorities remain the exclusive responsibility of the customer, in accordance with Article 5 of these GTCs.

The available delivery methods and indicative deadlines are specified at the time of order, depending on the characteristics of the package, the country of destination, and the selected carrier.

The Customer is informed at all times of the amount or free shipping costs by consulting their basket before finalizing their order.

6.4 Address error or impossibility of delivery

In the event of an error in the address provided by the Customer or insufficient information making delivery impossible (missing digicode, incorrect number, prolonged absence, etc.), re-shipping or re-routing costs may be charged to the customer at the actual cost charged by the carrier.

6.5 Price changes

Delivery costs may vary depending on the rates applied by carriers.

The applicable costs are those in force at the time of order validation.

6.6 Choice of relay point

When the Customer opts for delivery to a relay point but does not select a collection point at the time of the order, the Seller reserves the right to choose a relay point from those offered by the carrier, located near the entered delivery address.

This choice is made in the Customer's interest to ensure the proper delivery of the order.

The Customer remains free to contact the carrier or customer service for any delivery-related request.

ARTICLE 7. PAYMENT AND SECURITY

7.1 Payment methods

Payments for purchases made on the Najel Shop are exclusively in euros (€).

Payment is due in full at the time of order validation.

Accepted payment methods are specified on the Najel Shop and may include:

■ Credit card (Visa, Mastercard, American Express, Discover, Diners Club, JCB, and China UnionPay);

■ PayPal;

■ Apple Pay;

■ Google Pay;

For orders placed via a Marketplace, payment can be made through it, according to the terms provided by its own general conditions. In this context, the Marketplace may collect sums paid by the Customer on behalf of the Seller, without the latter directly collecting the payment.

7.2 Payment security

Online payments are made via specialized providers (including Stripe and PayPal), ensuring the security and confidentiality of transactions.

Banking data is never stored by the Seller.
It is processed directly by PCI-DSS certified payment providers.

In accordance with the European regulation applicable to payment services (DSP2), strong authentication (3D Secure) may be required by the customer's banking institution. The Customer undertakes to follow the authentication steps requested by their banking institution.

7.3 Payment default or refusal

The Seller reserves the right to suspend or cancel any order in case of anomaly, payment incident, or suspicion of fraud.

It may also request any necessary supporting documents to secure the transaction.

7.4 Suspicion of fraud

In case of legitimate suspicion of fraud, unauthorized use of a payment method, or anomaly in the information provided, the Seller reserves the right to:

■ temporarily suspend order processing;

■ request additional supporting documents;

■ cancel the order concerned.

Any decision will be made proportionally.

7.5 Invoicing

An electronic invoice is issued after the order and made available to the customer in their personal space or sent by email.

It is up to the customer to keep this invoice.

7.6 Retention of title

In accordance with Article 2367 of the Civil Code, the products remain the property of the Seller until full payment of the price by the Customer.

However, the transfer of risks of loss or damage to the products occurs at the time of their delivery to the Customer or to a third party designated by them, in accordance with the provisions of Article L216-4 of the Consumer Code.

ARTICLE 8. SHIPPING AND DELIVERY

8.1 Shipping

Orders are prepared and shipped as soon as possible after payment validation. Payments made via certain partners (including PayPal) may require a processing time of up to 48 hours.

The Seller undertakes to deliver the products within a maximum period of thirty (30) days from the validation of the order, in accordance with Article L216-1 of the Consumer Code, unless otherwise specified before the order.

An email is sent to the customer upon shipment, including package tracking information when the service allows it.

The deadlines indicated on the Najel Shop are indicative and are expressed in working days.

The Seller is open from Monday to Friday inclusive, excluding public holidays and annual closing periods whose dates are indicated on the Najel shop.

8.2 Delivery

Products are delivered to the address indicated by the Customer when ordering.

The Customer undertakes to provide accurate and complete information allowing proper delivery of the package (name, full address, telephone number, digicode, floor, etc.).

In accordance with Article L216-4 of the Consumer Code, the Seller remains responsible for risks related to transport until the actual delivery of the products to the customer or a third party designated by them.

The available delivery methods and indicative deadlines are specified at the time of the order, depending on the package characteristics, the destination country, and the selected carrier.

Customer absence

In the event of absence during home delivery, the carrier may leave a delivery notice allowing the package to be collected within the indicated period.

The Seller undertakes to do everything possible to ensure the delivery of the package as soon as possible.

Non-collection of the package

In the event of non-collection of the package by the Customer within the deadlines set by the carrier (relay point, post office, or other delivery method), resulting in the return of the package to the seller, the order may be cancelled.

In this case:

■ the refund will cover the price of the ordered products;

■ the initial delivery costs as well as any return costs charged by the carrier may remain at the customer's expense;

unless the Customer has exercised their right of withdrawal under the conditions provided for in Article 10 of these General Terms and Conditions of Sale.

The Customer may also request a new shipment, subject to prior payment of new delivery costs.

8.3 Delay | Non-delivery

In accordance with Article L216-2 of the Consumer Code, in the event of non-compliance with the indicated delivery period, the Customer may enjoin the Seller to make the delivery within a reasonable additional period, by any written means allowing proof thereof.

Failing execution within this new period, the Customer may terminate the contract and obtain reimbursement of the sums paid within fourteen (14) days following the termination of the contract.

In the event of delivery delay or presumed loss of the package, the Customer is invited to contact customer service so that an investigation can be carried out with the concerned carrier. The investigation may last several days, without exceeding a reasonable period.

If the package is declared lost, the Seller will proceed, at the customer's choice and subject to availability:

■ either a new shipment, subject to availability,

■ or a refund of the products concerned.

For Colissimo Access (delivered without signature), the mention "delivered" appearing on the carrier's website constitutes an element of presumption of delivery, without prejudice to the mandatory provisions of Articles L216-1 et seq. of the Consumer Code.

In case of dispute, the Seller undertakes to carry out the necessary checks with the carrier and to provide an appropriate solution to the customer in accordance with its legal obligations.

The Customer is invited to contact the carrier directly to report any anomaly related to this delivery method and to obtain additional information on the routing of their package.

The Seller declines all responsibility for the extension of delivery times resulting from force majeure within the meaning of Article 1218 of the Civil Code, the carrier, or an act attributable to the Customer.

The Seller reserves the right to temporarily suspend or limit certain delivery zones, particularly due to logistical, geopolitical, or carrier-related constraints.

In this case, the Customer is informed before the validation of their order. Any order that cannot be delivered will be cancelled and refunded as soon as possible.

Delivery within the deadlines can only occur if the Customer has fulfilled their obligations towards the Seller.
For items unavailable on the order date, a delivery time may be proposed to the Customer, subject to their acceptance. In case of an item being unavailable after order validation, a delivery time or a refund will be offered to the customer in accordance with Article 4.

More information regarding delivery by the Colissimo service is available on the post office website: https://aide.laposte.fr/

ARTICLE 9. RECEIPT OF THE ORDER

The Customer is required to check the apparent condition of the package and products at the time of delivery.

In the event of an apparent anomaly (damaged, opened package, broken or missing product), the Customer is invited to:

■ make precise, dated, and signed reservations with the carrier upon delivery when possible;

■ inform the Seller as soon as possible and no later than seven (7) days from receipt, to allow a claim to be opened with the concerned carrier.

To facilitate the processing of the claim, the Customer may be asked to provide:

■ a photograph of the outer package;

■ a photograph of the carrier label;

■ a photograph of the damaged products;

■ a photograph of the inside of the package.

These elements allow the seller to open an investigation with the carrier and propose an appropriate solution.

The absence of reservations upon delivery does not affect the customer's rights under the legal guarantees provided for in Articles 11 et seq. of these General Terms and Conditions of Sale. However, it may make it more difficult to exercise a recourse against the carrier.

Any claim must be formulated sufficiently precisely to allow its processing.

The signing of the delivery note constitutes proof of receipt of the package, without prejudice to the customer's rights under the legal guarantees.

ARTICLE 10. RIGHT OF WITHDRAWAL

10.1 Principle

In accordance with Article L221-18 of the Consumer Code, the Customer has a period of fourteen (14) calendar days from receipt of the products to exercise their right of withdrawal, without having to justify a reason or incur any penalty.

When the order concerns several products delivered separately, the period runs from receipt of the last product.

10.2 Exercise modalities

In accordance with Article L221-21 of the Consumer Code, the Customer must notify their decision to withdraw by an unambiguous statement, for example:

■ by email: boutique@sasnajjar.com;

■ or by mail to the following address:

Laboratoire NAJJAR
Technoparc Saône Vallée Est
315 rue Georges Charpak
01390 Civrieux – France

accompanied by the withdrawal form available on our site or the following information on plain paper:

first name and last name, email, address, order number and date.

The burden of proof of exercising the right of withdrawal lies with the consumer.

A withdrawal form is available here in PDF, and can be used to facilitate processing.

10.3 Return of products

The Customer must return the products no later than fourteen (14) days following the communication of their decision to withdraw.

Products must be returned:

■ complete;

■ unused;

■ unopened;

■ in perfect condition;

■ in their original packaging.

Any cosmetic or detergent product whose seal, hermetic film, or cap has been unsealed cannot be returned for reasons of hygiene and health protection.

In accordance with Article L221-23 of the Consumer Code, the Customer is responsible for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the product.

Return costs remain the responsibility of the Customer, unless otherwise applicable within the framework of an order placed via a Marketplace, in accordance with its own conditions.

In this context, the customer's liability is engaged. Any damage suffered by the product on this occasion may invalidate the right of withdrawal: damaged, opened, soiled, used, incomplete, or damaged products will not be accepted.

10.4 Reimbursement

In accordance with Article L221-24 of the Consumer Code, the Seller will reimburse all payments received from the customer, including initial delivery costs (at the standard rate), within fourteen (14) days from the receipt of the withdrawal decision.

When the order is placed via a Marketplace, the reimbursement may be made through the Marketplace, in accordance with its own general terms and conditions, particularly when payment has been collected by the platform.

Reimbursement may be deferred until the products are effectively recovered or until the Customer has provided proof of shipment, the date of the first of these events being taken as the reference date.

Reimbursement will be made via the same payment method used for the order, unless expressly agreed otherwise by the customer.

10.5 Exceptions to the right of withdrawal

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for, notably:

■  goods liable to deteriorate or expire rapidly;

■  goods unsealed after delivery and which cannot be returned for reasons of hygiene or health protection;

■  goods manufactured according to the consumer's specifications or clearly personalized.

Thus, any cosmetic or detergent product whose sealing device (seal, hermetic film, sealed cap) has been unsealed cannot be returned for reasons of hygiene and health protection.

 

ARTICLE 11. QUALITY GUARANTEE

Products sold on the Najel Shop benefit from the legal guarantees provided by current regulations.

11.1 Legal guarantee of conformity (Articles L217-3 to L217-14 of the Consumer Code)

In accordance with Articles L.217-3 et seq. of the Consumer Code, products sold by the Seller benefit from the legal guarantee of conformity.

The Customer has a period of two (2) years from the delivery of the goods to act under the legal guarantee of conformity.

The Customer may demand the conformity of the goods by repair or replacement, subject to the cost conditions provided by law.

The Customer is not required to provide proof of the existence of the lack of conformity during the twenty-four (24) months following the delivery of the goods.

The conformity of the goods will take place without any cost to the Customer.

If repair or replacement is impossible or disproportionate, the Customer may obtain a price reduction or rescission of the contract, under the conditions provided by law.

11.2 Guarantee against hidden defects

In accordance with Articles 1641 to 1649 of the Civil Code, the Seller is bound by the guarantee for hidden defects of the sold goods that render them unfit for the use for which they are intended or that so diminish this use that the Customer would not have acquired them, or would have paid a lower price for them, had they known about the defects.

The action resulting from hidden defects must be brought within two (2) years from the discovery of the defect.

The Customer can choose between:

■  rescission of the sale;

■  or a price reduction.

11.3 Implementation procedures

For any request under the legal guarantees, the Customer can contact customer service:

Email: boutique@sasnajjar.com
Phone: +33 (0)4 78 80 99 34
Postal address: Laboratoire NAJJAR – 315 rue Georges Charpak – 01390 Civrieux – France

11.4 Exclusions

The warranty does not cover:

■  damages resulting from improper use;

■  non-compliance with usage precautions;

■  inappropriate storage;

■  normal wear and tear of the product;

■  use after the minimum durability date or PAO has passed.

These exclusions do not apply in cases of non-conformity or hidden defects within the meaning of the aforementioned legal provisions.

 

ARTICLE 12. LIABILITY

12.1 Product conformity

The products offered on the Najel shop comply with current French and European legislation, particularly Regulation (EC) No 1223/2009 on cosmetic products.

The Seller remains bound by the legal guarantees of conformity and the guarantee against hidden defects under the conditions provided for in Articles 11 of these General Terms and Conditions of Sale, as well as by applicable legal provisions.

12.2 Product use

Products must be used in accordance with:

■  the indications on their packaging;

■  the usage precautions mentioned in Article 21 of these General Terms and Conditions of Sale.

The Seller cannot be held responsible for damages resulting from:

■  use not in accordance with instructions;

■  non-compliance with usage precautions;

■  inappropriate storage;

■  product modification;

■  manifestly inappropriate or diverted use.

These limitations do not apply in cases of non-conformity or hidden defects as defined by legal provisions.

12.3 Legal capacity

Orders must be placed by an adult with legal capacity.

In accordance with Article 1146 of the Civil Code, unemancipated minors cannot enter into contracts alone.

In the event of an order placed by a minor without parental authorization, legal representatives remain responsible for payment and performance of contractual obligations.

12.4 Limitation of liability

The Seller's liability can only be engaged in the event of proven fault, subject to the mandatory provisions of the Consumer Code relating to legal guarantees and seller's liability.

In no event shall the seller's liability be engaged for indirect damages, unless mandatory legal provisions, particularly in consumer law, apply.

12.5 Hypertext links

The Najel Shop may contain hypertext links to third-party sites over which the Seller has no control. The Seller cannot be held responsible for the content, products, or services offered on these third-party sites.

The creation of hypertext links to the Najel Shop is authorized provided that it does not harm the Seller's image, does not create confusion as to the origin of the content, and does not present the site in an illicit or disparaging context. Any use of framing or deep linking techniques is subject to the Seller's prior, express, and written authorization.

12.6 Force majeure

In accordance with Article 1218 of the Civil Code, the seller's liability cannot be engaged in the event of an unforeseeable, irresistible, and external event beyond its control.

The following are considered cases of force majeure, provided they meet the aforementioned characteristics:

■  natural disasters;

■  fires, floods;

■  acts of war, riots, terrorist attacks;

■  total or partial strikes;

■  major electrical, telecommunications, or Internet network failures;

■  pandemic or health crisis;

■  unforeseeable interruption of supplies.

In the event of such an occurrence, the performance of obligations may be suspended for the duration thereof. If the impediment becomes definitive, the order may be canceled and the sums paid reimbursed.

 

ARTICLE 13. DISPUTES

These General Terms and Conditions of Sale are governed by French law.

13.1 Seeking an amicable solution

In the event of difficulty in the application of this contract, the Customer undertakes to contact the seller's customer service first to seek an amicable solution.

Complaints can be sent:

by e-mail: boutique@sasnajjar.com

by phone: +33 (0)4 78 80 99 34

or by mail:
Laboratoire NAJJAR
Technoparc Saône Vallée Est
315 rue Georges Charpak
01390 Civrieux – France

For orders placed via a Marketplace, the Customer may also use the contact and messaging tools provided by the Marketplace to submit any request, complaint, or order tracking.

13.2 Consumer mediation

In accordance with Articles L612-1 et seq. of the Consumer Code, the Customer has the option to use a consumer mediator free of charge for the amicable resolution of a dispute.

The competent mediator is:

MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV
Website: https://www.medconsodev.eu
Postal address:
MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV
Centre d’Affaires Stéphanois SAS
IMMEUBLE L’HORIZON – ESPLANADE DE FRANCE
3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE

After the customer has made a written complaint to the Seller that has remained unsuccessful, the mediator can be contacted within a maximum period of one year from the written complaint.

In accordance with Article 14 of Regulation (EU) No 524/2013, the Customer may also submit a complaint via the European Online Dispute Resolution (ODR) platform accessible at the following address:

https://ec.europa.eu/consumers/odr

In the event of a dispute relating to an order placed via a Marketplace, the Customer is invited to use the dispute resolution mechanisms offered by the Marketplace first, before any other action.

Failing an amicable resolution, the Customer may have recourse to a consumer mediator in accordance with the provisions of the Consumer Code.

13.3 Jurisdiction

Failing an amicable resolution, the dispute may be brought before the competent courts in accordance with the rules of the Code of Civil Procedure.

The consumer may seize:

■  either one of the territorially competent courts under the Code of Civil Procedure;

■  or the court of the place where they resided at the time of the conclusion of the contract or the occurrence of the damaging event.

 

ARTICLE 14 – PERSONAL DATA PROTECTION AND COOKIES

14.1 Data controller

Personal data collected on the Najel Shop is processed by:

Laboratoire NAJJAR
Technoparc Saône Vallée Est
315 rue Georges Charpak
01390 Civrieux – France
Email: boutique@sasnajjar.com

Laboratoire NAJJAR acts as the data controller within the meaning of Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and the amended Data Protection Act.

14.2 Categories of data collected

The Customer's personal data may be collected, in particular, when creating an account, browsing the Najel Shop (via cookies), placing an order, or subscribing to the newsletter.

The data that may be collected are as follows:

 Identification data

■  surname and first name

■  postal address

■  email address

■  phone number

Customer account data

■  encrypted username and password

■  order history

■  preferences and subscriptions

Transactional data

■  products ordered

■  invoiced amounts

■  delivery addresses

■  exchanges with customer service

Payment data

Banking data is not stored by the Seller.
It is processed exclusively by secure payment service providers (Stripe, PayPal) certified PCI-DSS.

Navigation data

■  IP address

■  connection data

■  cookies

■  statistical browsing data

14.3 Purposes and legal bases

Data is processed for the following purposes:

Electronic communications may be sent to the Customer to inform them of the status of their order or to allow them to finalize an uncompleted order (abandoned cart).

The Customer can object to receiving these communications at any time by using the unsubscribe link in each message or by contacting the Seller.

14.4 Data recipients

Data is accessible to:

■  the Seller's authorized internal departments;

■  technical service providers strictly necessary for the performance of services, including hosting (Shopify), payment providers (Stripe, PayPal), carriers, and IT maintenance providers.

These providers act as processors within the meaning of the GDPR and are contractually obligated to ensure data confidentiality and security.

14.5 Transfers outside the European Union

As part of the use of the Shopify platform and certain technical tools, data may be transferred outside the European Union.

In this case, the Seller ensures that these transfers are governed by appropriate safeguards in accordance with Articles 44 et seq. of the GDPR, including:

■  adequacy decisions of the European Commission;

■  standard contractual clauses;

■  additional technical measures, if applicable.

14.6 Retention period

Data is retained for a period proportionate to its purpose:

■  customer account data: duration of the commercial relationship + three (3) years for evidentiary purposes and dispute management;

■  commercial prospecting data: three (3) years from the last contact initiated by the customer;

■  invoicing data: ten (10) years in accordance with legal obligations;

■  data related to cookies: maximum thirteen (13) months from their placement on the user's device.

■  fraud-related data: duration necessary for prevention and dispute management.

14.7 Rights of data subjects

In accordance with the GDPR, the Customer has the following rights:

■  right of access;

■  right to rectification;

■  right to erasure;

■  right to restriction of processing;

■  right to object;

■  right to data portability;

■  right to define directives regarding the fate of their data after their death (Article 85 of the French Data Protection Act).

These rights can be exercised:

by email: boutique@sasnajjar.com
by mail: Laboratoire NAJJAR – 315 rue Georges Charpak – 01390 Civrieux – France

Proof of identity may be requested in case of reasonable doubt.

The Customer also has the right to lodge a complaint with the CNIL (www.cnil.fr).

14.8 Data security

The Seller implements appropriate technical and organizational measures to ensure a level of security adapted to the risk, including:

■  access security;

■  password encryption;

■  HTTPS protocol;

■  limitation of internal data access.

14.9 Cookies

The Najel Shop uses different types of cookies:

■  cookies strictly necessary for the functioning of the site (not subject to consent);

■  statistical cookies;

■  marketing cookies.

Non-essential cookies are subject to the user's prior consent via a preference management banner.

The user can modify their choices at any time.

 

ARTICLE 15. INTELLECTUAL PROPERTY

The Najel Shop and all its elements, including but not limited to: texts, photographs, images, videos, graphics, logos, trademarks, designs, models, product sheets, databases, site structure, graphic charter, and editorial content, are the exclusive property of the seller or are subject to a duly granted right of use.

These elements are protected by the provisions of the Intellectual Property Code and applicable international conventions.

Any reproduction, representation, use, dissemination, embedding or extraction of all or part of the site's content, by any means whatsoever, without the prior, express and written authorization of the Seller, is strictly prohibited.

Any unauthorized use constitutes an act of infringement liable to engage the civil and/or criminal liability of its author, in accordance with articles L335-2 et seq. of the Intellectual Property Code.

Consultation of the Najel Shop does not confer on the user any intellectual property right over the elements of the site, other than the right of strictly personal and private use.

 

ARTICLE 16. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF SALE

The Seller reserves the right to adapt or modify these General Terms and Conditions of Sale at any time to take into account legislative, regulatory, jurisprudential, technical, or commercial developments.

The applicable General Terms and Conditions of Sale are those in force on the date the Customer validates the order.

Any modification to these GTC will be published on the Najel Shop and will only apply to orders placed after their online publication.

The Customer is invited to regularly consult the GTC available on the Najel Shop.

 

ARTICLE 17. NAJEL LOYALTY PROGRAM

17.1 Beneficiaries

The Najel Loyalty Program is exclusively reserved for individual customers as defined in these General Terms and Conditions of Sale.

Orders placed for professional purposes or falling under the B2B GTC do not qualify for any benefits under the loyalty program.

B2B orders are governed by specific GTC.

17.2 Program Purpose

The Najel Loyalty Program allows individual customers with a customer account on the Najel Shop to accumulate points on their purchases, convertible into vouchers as described below.

Membership in the program is automatic upon creation of a customer account.

17.3 How it works

For each validated and paid order on the Najel Shop, the Customer accumulates:

2 points per 1 euro (€) spent, excluding delivery costs.

Points are credited when the order is definitively validated ("Complete" status) and can be viewed at any time from the customer area. The Customer can convert their points into a voucher from their customer area and obtain a promotional code usable on a future order.

The available vouchers are as follows:

■  50 points = 5% discount

■  100 points = 10% discount

■  200 points = 20% discount

■  1000 points = 50 €

Conversion terms are specified on the Najel Shop.

17.4 Validity of points

Loyalty points are valid for a period of twenty-four (24) months from their acquisition date.

After this period, unused points will automatically expire without any possibility of refund or compensation.

17.5 Terms of use

Points and vouchers:

■  are strictly personal;

■  cannot be transferred or assigned;

■  have no monetary value;

■  cannot be exchanged for cash.

They cannot be combined with other promotional offers unless explicitly stated otherwise.

In the event of a total or partial cancellation of an order, the corresponding points will be canceled or adjusted.

17.6 Non-withdrawal or refund

In the event of an order refund, the corresponding points will be automatically debited from the customer's account.

17.7 Program modification or termination

The Seller reserves the right to modify, suspend or terminate the Najel Loyalty Program, provided that customers are informed by any appropriate means, including by publication on the Najel Shop or by e-mail.

In the event of a substantial modification or definitive termination of the program, a reasonable period of prior notice will be observed.

The loyalty program constitutes an optional commercial advantage, without autonomous contractual value, conferring no acquired right on the Customer.

17.8 Abusive use

Any fraudulent, abusive, or non-compliant use of these GTC may result in:

■  the suspension or deletion of the customer account;

■  the cancellation of acquired points;

■  exclusion from the loyalty program.

In case of suspension or deactivation, the Seller will inform the Customer by email or phone.

The Seller disclaims all liability for any malfunctions of the Najel loyalty program.

 

ARTICLE 18. GIFT CARD

The Najel Shop offers dematerialized gift cards for sale.

The gift card is valid exclusively on the Najel Shop, for the purchase of products, excluding delivery costs.

It is available in several predefined amounts indicated on the site at the time of purchase.

After order validation, the gift card is sent by email to the address provided by the Customer. The Customer can also choose to schedule the sending of the gift card to a recipient of their choice.

The gift card can be used in one or more installments, within the limits of its amount and its validity period.

The gift card is valid for a period of twelve (12) months from its issue date. After this period, any unused or partially used card will definitively expire and the remaining balance will be lost, without any possibility of refund or extension.

The gift card is neither exchangeable nor refundable, including in case of loss, theft, or expiration.

It cannot be exchanged for cash.

The gift card is strictly personal. The Seller cannot be held responsible for its fraudulent use.

The Seller reserves the right to refuse any abnormal or fraudulent use of the gift card.

 

ARTICLE 19. EXTENDED PRODUCER RESPONSIBILITY (EPR) – ECO-CONTRIBUTION

In accordance with the provisions of Articles L541-10 et seq. of the French Environmental Code relating to Extended Producer Responsibility (EPR), the Seller, as a manufacturer and market placer, adheres to an approved eco-organization.

As such, the Seller is a member of CITEO, an approved company for the management of household packaging and graphic papers.

This membership allows for financial contribution to the prevention and management of waste from products placed on the market, particularly regarding the collection, sorting, and recycling of packaging.

The unique identification number (IDU) assigned by ADEME to the Seller is as follows:

FR214168_01UBAZ

This identifier certifies the Seller's compliance with its regulatory obligations under the EPR.

 

ARTICLE 20 – CUSTOMER REVIEWS

Reviews published on the Najel Shop may be collected via internal tools or specialized service providers.

20.1 Collection of Reviews

Reviews published on the Najel Shop may be collected:

■  directly via the website;

■  through a specialized service provider for the collection and management of customer reviews.

Reviews are submitted by customers who have made a purchase on the Najel Shop.

When reviews are subject to verification, the Seller specifies if and how it ensures that the published reviews come from consumers who have actually purchased or used the product concerned.

As such, reviews may be verified, in particular, by cross-referencing with order data recorded on the Najel Shop.

If no verification is carried out, this information is clearly indicated.

20.2 Verification Procedures

The Seller may moderate reviews to check their compliance with these GTC and the following rules:

■  absence of defamatory, insulting, or unlawful comments;

■  absence of external advertising or promotional content;

■  relevance of the review to the product concerned.

The Seller does not modify the content of reviews, except to delete elements contrary to law or these terms.

In case of refusal to publish a review, the author may be informed of the reason for the rejection.

20.3 Transparency

The publication date of each review is indicated on the website.

Reviews are displayed in chronological order, unless specific settings are specified on the Najel Shop.

No financial compensation is paid in exchange for a review, unless expressly and clearly indicated to the consumer.

20.4 Liability

Published reviews express the personal opinion of their authors.

The Seller cannot be held responsible for the content of reviews published by third parties, subject to its obligation to promptly remove any clearly unlawful content of which it becomes aware.

 

ARTICLE 21 – SALES VIA MARKETPLACES

The Seller's products may also be offered for sale through third-party platforms (hereinafter "Marketplaces") such as Humasana, Sevellia, or any other partner platform.

In this context, Marketplaces primarily act as technical intermediaries connecting the Seller and the Customer.

The sales contract is concluded directly between the Seller and the Customer. The Seller remains solely responsible for the execution of the sale, particularly regarding product conformity, order preparation, shipping, after-sales service, and the application of legal guarantees.

21.1 Specific Marketplace Terms

The Customer is informed that certain Marketplace-specific terms may apply, particularly concerning:

– the order and validation process;

– payment methods, which may be handled by the Marketplace on behalf of the Seller;

– the management of exchanges, complaints, and disputes via the messaging tools provided by the platform.

21.2 Specifics Applicable to Sevellia

For sales made via Sevellia, the Customer is informed that the platform may be involved in the management of payments and refunds, in accordance with its own general terms and conditions.

21.3 Specifics Applicable to Humasana

For sales made via Humasana, the platform acts as a technical intermediary and can facilitate the transmission of Customer requests or complaints to the Seller.

21.4 Common Provisions

In case of contradiction between these GTC and the specific terms of the Marketplace used, the latter will prevail only for aspects relating to the technical operation and payment of the platform.

The legal guarantees of conformity and against hidden defects remain fully applicable.

The Customer is invited to consult the general terms and conditions of the relevant Marketplace when placing an order.

ARTICLE 22 – INTERNATIONAL SALES

The products offered on the Najel shop comply with current French and European regulations.

For any delivery outside of France or the European Union, it is the Customer's responsibility to ensure that the ordered products can be imported and used in accordance with the applicable local legislation.

These provisions apply without prejudice to the Seller's delivery obligations as set out in Article 8 of these GTC.

The Seller cannot be held responsible in case of:

■  customs blockage;

■  refusal of import;

■  administrative seizure;

■  or local prohibition related to the regulations of the destination country.

In the event of return, destruction of the product, non-collection, or refusal of import attributable to the Customer, initial transport costs, return costs, and any duties and taxes paid will not be refunded.

Any customs duties, import taxes, or additional fees required by local authorities remain the sole responsibility of the Customer.

International sales are carried out in compliance with applicable regulations concerning export controls and economic sanctions. The Seller reserves the right to refuse any order originating from a country, territory, or person subject to international restrictions or sanctions.

 

ARTICLE 23 – PRECAUTIONS FOR USE – COSMETIC PRODUCTS

Cosmetic products sold on the Najel Shop are intended for external use and must be used in accordance with the indications on their packaging and the recommendations available on the website.

Before first use, the Customer is invited to:

■  carefully consult the list of ingredients (INCI) on the packaging;

■  check for any known allergy to any of the components;

■  perform, when appropriate, a preliminary skin test;

■  respect the Minimum Durability Date (MDD) or Period After Opening (PAO).

Product information is provided for informational purposes only and does not replace medical or dermatological advice.

The Seller cannot be held responsible in case of damage resulting from:

■  a known or undeclared individual allergy or hypersensitivity;

■  non-compliance with precautions for use;

■  improper or diverted use of the product;

■  inappropriate storage of the product after opening.

This limitation does not apply in case of non-conformity or hidden defect within the meaning of applicable legal provisions.

 

ARTICLE 24 – FIGHT AGAINST FRAUD

The Seller reserves the right to carry out any necessary verification to prevent or detect fraudulent use of the site, a payment method, or the loyalty program.

In case of legitimate suspicion of fraud, fraudulent use of a payment method, attempted identity theft, or provision of clearly inaccurate information, the Seller may:

■  temporarily suspend the processing of the order;

■  request additional documents to verify identity or payment validity;

■  refuse or cancel the order concerned;

■  suspend or delete the customer account.

Any decision will be proportionate and reasoned.

In case of proven fraud, necessary information may be transmitted to the competent authorities, in compliance with applicable regulations regarding personal data protection.

The Seller also reserves the right to initiate any appropriate civil or criminal action.

 

ARTICLE 25 – DECISION SUPPORT TOOLS

Any recommendations, personalized advice, quizzes, diagnoses, or automated tools offered on the Najel Shop are solely intended to guide the Customer in choosing products.

These tools are provided for informational purposes and are based on information provided by the user.

They do not in any way constitute:

■  medical advice;

■  a dermatological diagnosis;

■  a therapeutic prescription;

■  nor a guarantee of results.

The Customer remains solely responsible for the choice of ordered products.

In case of doubt concerning their skin type, a pathology, or an allergic reaction, the Customer is invited to consult a health professional.

The Seller cannot be held responsible for consequences resulting from an erroneous interpretation of the recommendations provided or an inappropriate use of the products, subject to applicable legal guarantees.