Valid only for shipments in Metropolitan France from 01/05/2021.
ARTICLE 1. GENERAL PRINCIPLES
1.1 Application Opposability:
These general terms and conditions are systematically given to each buyer belonging to the distributor category to enable them to place an order (for delivery or collection of the goods by the customer). The category "distributor" is understood to mean any legal entity marketing the product to the end consumer. Placing an order therefore implies the Customer's full and unreserved acceptance of these T&Cs, to the exclusion of any other document. No special conditions may supplement or derogate from these T&Cs unless prior and express acceptance is given by Laboratoire NAJJAR, mentioning the provisions of the T&Cs which would thus be modified or supplemented.
1.2 Failure to comply with general principles:
Laboratoire NAJJAR may terminate accepted orders and/or terminate commercial relations without notice by refusing all future orders, by registered letter with acknowledgement of receipt, in particular in the following cases: unfavorable changes in the financial or commercial situation of the Customer that may result in a default of payment, failure by the Customer to fulfill its obligations and in particular in the event of late payment, failure by the Customer to comply with consumer law and/or competition law, in the event of force majeure, or similar events. In the event of termination of accepted orders, Laboratoire NAJJAR will be released from its obligation to deliver. It will not owe any compensation to the Customer. The fact that Laboratoire NAJJAR does not avail itself at a given time of the provisions of these General Terms and Conditions cannot be interpreted as a waiver of the right to subsequently avail itself of any of the said conditions.
1.3 Competent law and attribution of jurisdiction:
The applicable law is French law. All disputes arising from the transactions covered by these general conditions will be submitted to the Commercial Court of Bourg-en-Bresse, even in the event of multiple defendants, which is expressly accepted by the Customer.
ARTICLE 2. ORDER
The Customer's order sent to the headquarters of Laboratoire NAJJAR is an offer to contract, knowing that in all cases, any order may not be less than €300 excluding VAT. Free delivery is granted throughout Metropolitan France for any order reaching €400 excluding VAT. Below this amount and within the limit of the minimum order amount, the customer must pay the amount of the shipping costs. An order will be deemed accepted only upon its execution. Laboratoire NAJJAR reserves the right not to accept, to reduce or to split an order that is abnormal in terms of quantity.
Any modification requested by the Customer may only be taken into account in any event if it does not give an abnormal character to the order that it modifies, is notified in writing to Laboratoire NAJJAR and received by the latter at least 4 days before the delivery date mentioned on the accepted order. An order can only be delivered to one and the same place, on one and the same date and time and only giving rise to the establishment of one and the same invoice. Laboratoire NAJJAR does not manage backorders. It is therefore advisable to reorder the product(s) that are out of stock.
ARTICLE 3. DELIVERY
3.1 Deadlines:
Laboratoire NAJJAR undertakes to respect as best as possible the delivery times mentioned when ordering and shall not be held liable in any way in the event of late delivery. Consequently, delivery times exceeded may not give rise to damages, deductions or cancellation of current orders. Laboratoire NAJJAR is automatically released from any obligation relating to delivery times in the event that the customer has not complied with its obligations, and in particular has not provided in good time the information necessary for the execution of the order as well as in the event of force majeure or similar events. Laboratoire NAJJAR undertakes in this case to notify the Customer of the difficulty encountered.
3.2 Compliance:
Upon delivery, it is the Customer's responsibility to check the delivery note and the condition of the products delivered. In the event of shortage, loss or damage that may be attributed to transport, within the meaning of Article 133-3 of the French Commercial Code, the Customer must:
- Enter clear, precise and complete reservations on the original transport documents and on the delivery person's PDA and return the duplicate to the Seller.
- Inform Laboratoire NAJJAR in writing of any damage noted on the products within 48 hours following the day of delivery of the products and provide any justification as to the reality of the defects and anomalies noted. Failure to do so constitutes a waiver on the part of the Customer to criticize Laboratoire NAJJAR's proper performance of its contractual obligations.
ARTICLE 4. PRICE
Invoicing is based on the prices listed in the attached price list. This price list may be changed without notice, depending on changes in the price of raw materials and the geopolitical situation in Syria. The prices indicated are Ex Works prices (ex-works). Laboratoire NAJJAR will notify the Customer of the new prices as soon as they are available. Prices are communicated per unit excluding VAT. The VAT rate applied appears on the price list and on invoices in the form of the following code: code 0: exo. - code 1: 20% - code 2: 5.5% - code 3: 7%. Any tax, duty, duty or other service payable under French regulations or those of an importing country or a transit country shall be borne by the purchaser. The products are supplied at the price in effect on the day of invoicing.
Any price negotiation will be studied on a case-by-case basis depending on the client's business volume and will be the subject of a written agreement.
For any order not respecting the indicated packaging of the products, a 15% increase on the price of the product concerned will be invoiced.
ARTICLE 5. BILLING AND PAYMENT TERMS
In accordance with Article L 441-3 of the French Commercial Code, an invoice dated the day of departure from Laboratoire NAJJAR's warehouses will be issued for each delivery, with the exception of pro-forma invoices for which payment is due before delivery. The invoice issue date is the starting point for payment due. Each order may only correspond to one invoice in accordance with the provisions of Article L 441-3 of the French Commercial Code. Invoices are payable in cash. Cash payment does not entitle the customer to a discount. Payment may be made by check, bank transfer or credit card before shipment of the goods. Failure to pay on the set payment date will make the amount of this invoice immediately due. Any late payment will automatically and without formality result in the application of penalties in an amount equal to one and a half times the legal interest rate. As of 01/01/13, any debtor paying an invoice after the payment deadline has expired must pay his creditor a fixed indemnity to compensate for recovery costs in the amount of €40 (decree of October 2, 2012). In the absence of sufficient funds in his bank account, the Customer must bear the related costs up to €23 per unpaid invoice.
ARTICLE 6. RETENTION OF TITLE CLAUSE
6.1 Retention of title clause:
It is agreed that ownership of the products ordered and delivered will only be transferred to the Customer after full payment of the price and its accessories by the latter. Payment means the actual collection of the payment document. In the event of non-payment by the Customer, Laboratoire NAJJAR may repossess the unpaid products, without prejudice to any other repairs. All recovery and/or procedural costs will be borne by the Customer.
6.2 Transfer of risks:
The transfer of risks of loss and deterioration of Laboratoire NAJJAR products will be carried out upon delivery of the products to the first carrier after loading operations or upon collection by the Customer. This means in particular that the products travel at the Customer's risk.
ARTICLE 7. DATA PROTECTION POLICY AND COOKIE MANAGEMENT
You can consult our Data Protection and Cookies Management Policy at any time on the Najel website.
OUR COMMITMENTS
This data protection policy aims to inform you as a user about the nature and purpose of the information collected during "your visit" to our site, as well as your rights. Any use of the site www.najel.net implies the voluntary transmission of personal data.
USER DATA PROTECTION
Any use of the site www.najel.net implies the voluntary transmission of personal data.
In accordance with the “Information Technology and Freedoms” law of January 6, 1978, the file consisting of this data and the uses that can be made of it are in the process of being declared to the National Commission for Information Technology and Freedoms.
With this declaration we undertake to make fair use of your data.
ON WHAT OCCASIONS DO WE COLLECT YOUR PERSONAL DATA?
Your personal data may be collected when you create an account, visit our website which may use cookies, purchase our products online or subscribe to our newsletter.
WHAT INFORMATION IS COLLECTED?
www.najel.net collects information when you register on this site when managing your orders, when communicating with our sales department, when you participate in a competition or when you provide us with this information on your own initiative. As such, you agree to provide accurate information and to update it.
The data we collect may include your so-called personal data that allows you to be directly identified or makes you identifiable. This is the case when you register on our site, during which you provide us with personal information such as your first name, last name, email address, password and date of birth. Professional customers also provide the name of their Company, Siret, APE and website. Some information is mandatory and other information is optional as indicated in the registration form by an asterisk.
We also collect personal information when you purchase our products or use our services.
FOR WHAT PURPOSES IS YOUR DATA USED?
This data allows us to carry out operations relating to the management of orders, invoices, deliveries and complaints, operations to update our customer file, relating to prospecting, the development of commercial statistics, the management of requests for the right of access, rectification and opposition.
We may send you promotional offers, subject to your prior consent and unless you subsequently object.
WHO DO WE SHARE THIS DATA WITH?
Only authorized persons within Laboratoire NAJJAR may access your personal data when such access is necessary for the execution of our commercial relationship.
Our service providers may also be recipients of personal data strictly necessary for the performance of the services we have entrusted to them (for example: online payment, maintenance of our site).
PROTECTION OF YOUR DATA
As the controller of your personal data, we do everything we can to protect your personal data as best we can.
The data is stored in compliance with French legislation and European regulations.
DATA RETENTION
Your personal data collected will not be kept beyond the period strictly necessary for the management of the commercial relationship and your use of the services offered by www.najel.net .
However, the law may require us to retain data necessary to establish proof of a right or contract, which may be archived in accordance with the provisions of the Commercial Code relating to the retention period of books and documents created during commercial activities and the Consumer Code relating to the retention of contracts concluded electronically. For these operations, the retention period is ten years.
COOKIE MANAGEMENT
When you visit our website, we may, if you agree, place cookies on your computer using your browser software. Cookies allow us to identify your computer during your next visits during their validity or registration period. Some cookies are essential for browsing our site, particularly for the proper execution of the ordering process; deleting them may cause difficulties. Only the issuer of a cookie is likely to read or modify the information contained in this cookie.
Below you will find information relating to cookies that may be placed on your computer when you visit pages of the www.najel.net website, as well as the means enabling you to delete/refuse the registration of these cookies on your computer.
| Cookie name | Description |
| Share on social networks | Social networks help to improve the usability of the site and help to promote it via shares. |
| Google Analytics | Traffic analysis services may use cookies to collect information and generate reports on the usage statistics of our website without individual users being personally identified by Google. |
WHAT ARE YOUR RIGHTS AND HOW TO EXERCISE THEM?
In accordance with the "Information Technology and Freedoms" law of January 6, 1978, amended in 2004, you have the right to object to the processing of your personal data, to access, modify, rectify and delete data concerning you, with the exception of data whose retention is required by law, which you can exercise by contacting Laboratoire NAJJAR at the following email address: commercial@sasnajjar.com or by mail to the following address: Laboratoire NAJJAR, Technoparc Saône Vallée Est, 315 rue Georges Charpak, 01390 Civrieux.
All requests must include the user's first and last name, as well as a copy of their identity document.
ARTICLE 8. INTELLECTUAL PROPERTY
All elements (brands, designs, models, logos, graphics, ...) are the exclusive property of Laboratoire NAJJAR. The reproduction or use of all or part of these elements is expressly prohibited.
ARTICLE 9. ECO PARTICIPATION / PRODUCER REGISTER
As a manufacturer and marketer, Laboratoire|NAJJAR adheres to CITEO, a company with a mission in an environmental and social approach with the aim of reducing the environmental impact of products through eco-design, collection, sorting and recycling services within the framework of Extended Producer Responsibility (EPR).
Unique identifier number generated by ADEME
FR214168_01UBAZ
NAJJAR Laboratory – Technoparc Saône Vallée Est - 315 rue Georges Charpak - 01390 Civrieux – France with capital of €200,000 - RCS Lyon - Siret 481 996 668
00010 - APE 2042Z - N°TVAINTRA FR55481996668
