Valid only for shipments in Metropolitan France from 05/01/2021.
ARTICLE 1. GENERAL PRINCIPLES
1.1 Application and enforceability:
These general terms and conditions are systematically provided to each buyer belonging to the distributor category to enable them to place an order (for delivery or collection of goods by the customer).
The "distributor" category refers to any legal entity marketing the product to the end consumer.
Placing an order therefore implies the Client's full and unreserved acceptance of these GTC, to the exclusion of any other document. No special conditions may supplement or derogate from these GTC unless Laboratoire|NAJJAR has given prior and express acceptance, mentioning the provisions of the GTC that would thus be modified or supplemented.
1.2 Non-execution of general principles:
Laboratoire NAJJAR may cancel accepted orders and/or terminate commercial relations without notice by refusing all future orders, by registered letter with acknowledgment of receipt, particularly in the following cases: unfavorable changes in the Client's financial or commercial situation likely to lead to a payment default, non-performance by the Client of its obligations, particularly in the event of late payment, the Client's disregard of consumer law and/or competition law, in the event of force majeure, or similar events. In the event of cancellation of accepted orders, Laboratoire|NAJJAR will be released from its obligation to deliver. It will not owe any compensation to the Client. The fact that Laboratoire NAJJAR does not, at a given time, avail itself of the provisions of these GTC cannot be interpreted as a waiver of its right to subsequently avail itself of any of the said conditions.
1.3 Applicable law and jurisdiction:
The applicable law is French law. All disputes arising from the operations covered by these general terms and conditions will be submitted to the Commercial Court of Lyon, even in the event of multiple defendants, which is expressly accepted by the Client.
ARTICLE 2. ORDER
The Client's order addressed to the head office of Laboratoire|NAJJAR is an offer to contract, it being understood that in all cases, no order may be less than €350 excl. VAT. Free delivery is granted throughout Metropolitan France for any order reaching €400 excl. VAT. Below this amount and within the limit of the minimum order amount, the customer will have to pay the shipping costs. An order will only be considered accepted upon its execution. Laboratoire|NAJJAR reserves the right not to accept, reduce or split an order that is abnormal in terms of quantity. Any modification requested by the Client can only be taken into account if it does not make the order it modifies abnormal, 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 will only result in the issuance of one and the same invoice. Laboratoire|NAJJAR does not manage backorders. Therefore, out-of-stock products must be reordered.
ARTICLE 3. DELIVERY
3.1 Deadlines:
Laboratoire|NAJJAR undertakes to respect the delivery times indicated when placing orders as best as possible and cannot under any circumstances be held responsible for late delivery. Consequently, exceeding delivery times cannot give rise to damages, deductions, or cancellation of ongoing orders.
Laboratoire|NAJJAR is automatically released from any obligation relating to delivery times if the client has not fulfilled their obligations, and particularly if they have not provided the necessary information for the execution of the order in a timely manner, as well as in the event of force majeure or similar events.
In such a case, Laboratoire|NAJJAR undertakes to inform the Client of the difficulty encountered.
3.2 Conformity:
Upon delivery, it is the Client's responsibility to check the delivery note and the condition of the delivered products. In case of missing items, loss, or damage that can be attributed to transport, within the meaning of Article 133-3 of the Commercial Code, the Client 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 within 48 hours of the delivery date of the products of any damage found on the products and provide all justification as to the reality of the defects and anomalies found. Failure to do so constitutes a waiver by the Client of the right 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 is subject to change without notice, depending on changes in raw material prices and the geopolitical situation in Syria. The prices indicated are Ex Works (ex-factory) prices. Laboratoire|NAJJAR will communicate new prices to the Client as soon as they are available. Prices are communicated per unit excluding VAT. The applied VAT rate appears on the price list as well as on the invoices in the following code format: code 0: exo. - code 1: 20% - code 2: 5.5% - code 3: 7%. All taxes, duties, or other charges payable under French regulations or those of an importing country or transit country are the responsibility of the buyer. 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 subject to a written agreement.
For any order not respecting the indicated product packaging, a 10% increase on the price of the product concerned will be invoiced.
For private label customers, management fees will be charged at €100 per product reference for quantities ordered less than 3000 units per reference.
Pallet management: for any pallet shipment, the price will be invoiced as follows
- Standard Euro pallet €7/pallet
- Fumigated Euro pallet €10/pallet
- Small plastic pallet €5
ARTICLE 5. INVOICING AND PAYMENT TERMS
In accordance with article L 441-3 of the 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 enforceability. Each order can only correspond to one invoice in accordance with the provisions of article L 441-3 of the Commercial Code. Invoices are payable in cash. Cash payment does not give rise to a discount. Payment can be made by check, bank transfer, or credit card before shipment of the goods. Failure to pay by the fixed payment due date will render the amount of this invoice immediately due. Any late payment will automatically and without formality result in the application of penalties equal to one and a half times the legal interest rate. As of 01/01/13, any debtor paying an invoice after the expiry of the payment period must pay their creditor a flat-rate indemnity for recovery costs of €40 (decree of October 2, 2012). In the absence of sufficient funds in their bank account, the Client will be responsible for the associated 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 ordered and delivered products will only be transferred to the Client after full payment of the price and its accessories by the latter. Payment means the effective collection of the payment instrument. In the event of default of payment by the Client, Laboratoire|NAJJAR may repossess the unpaid products, without prejudice to any other remedies. All repossession and/or procedure costs will be borne by the Client.
6.2 Transfer of risks:
The transfer of risks of loss and deterioration of Laboratoire|NAJJAR products will take place upon delivery of the products to the first carrier after loading operations or upon collection by the Client. This notably means that the products travel at the Client's risk.
ARTICLE 7. INTELLECTUAL PROPERTY
All elements (brands, designs, models, logos, graphics, etc.) are the exclusive property of Laboratoire|NAJJAR. Reproduction or use of all or part of these elements is expressly prohibited.
ARTICLE 8. ECO-CONTRIBUTION | PRODUCER REGISTER
As a manufacturer and marketer, Laboratoire|NAJJAR is a member of CITEO, a company with a mission to implement an environmental and social approach with the objective 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 generated by ADEME
FR214168_01UBAZ
ARTICLE 9. DATA PROTECTION POLICY AND COOKIE MANAGEMENT
You can consult our Data Protection Policy and Cookie Management on the Najel website at any time.
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 www.najel.net site 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 "Data Protection Act" of January 6, 1978, the file constituted by these data and the uses that may be made of them, is currently being declared to the National Commission for Information Technology and Freedoms.
By this declaration, we undertake to make fair use of your data.
WHEN 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, during exchanges with our sales department, when you participate in a competition or when you provide us with this information on your own initiative. In this regard, you undertake to provide accurate information and to update it.
The data we collect may include your so-called personal data that allows us to identify you directly or make 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 their company name, Siret number, APE code and website. Some information is mandatory and others 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 access rights, rectification and opposition.
We may send you, subject to your prior agreement and unless you object later, promotional offers.
WITH WHOM DO WE SHARE THIS DATA?
Only authorized persons within Laboratoire NAJJAR can access your personal data when such access is necessary for the performance 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 data controller for your personal data, we make every effort to protect your personal data as best as possible.
The data is stored in compliance with French law and European regulations.
DATA RETENTION
Your collected personal data 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 .
Nevertheless, the law may require us to keep data necessary for establishing proof of a right or a 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 browse our website, we may, with your consent, place cookies on your computer through your browser software. Cookies allow us, for their validity or registration period, to identify your computer during your subsequent visits. Some cookies are essential for browsing our site, particularly for the proper execution of the order process; their deletion may cause difficulties. Only the issuer of a cookie is likely to read or modify the information contained in that cookie.
Below you will find information relating to the cookies that may be placed on your computer when you visit pages of the www.najel.net website, as well as the means to delete/refuse the storage of these cookies on your computer.
| Cookie name | Description |
| Social media sharing | Social networks improve the user-friendliness of the site and help promote it through sharing. |
| Google Analytics | Traffic analysis services may use cookies to collect information and generate reports on our website's usage statistics without individual users being personally identified by Google. |
WHAT ARE YOUR RIGHTS AND HOW TO EXERCISE THEM?
In accordance with the "Data Protection Act" 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 those 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 at the following address:
LABORATOIRE NAJJAR
Technoparc Saône Vallée Est,
315 RUE GEORGES CHARPAK – 01390 CIVRIEUX
FRANCE
Any request must include the user's first name and last name, as well as a copy of their identity document.
LABORATOIRE NAJJAR
Technoparc Saône Vallée Est,
315 RUE GEORGES CHARPAK – 01390 CIVRIEUX
FRANCE
Share capital of €200,000 - RCS Lyon - Siret 481 996 668
00010 - APE 2042Z - INTRA VAT N° FR55481996668
