Terms of sale
TERMS AND CONDITIONS OF SALE
ARTICLE 1 — PURPOSE
These Terms and Conditions of Sale (hereinafter the “Terms”) govern the sale of products offered on the website namerajewellery.com (hereinafter the “Website”), operated under the NAMERA brand.
The Website offers, in particular, personalised jewellery and other accessories sold under the NAMERA brand.
Any order placed on the Website constitutes the customer’s full and unconditional acceptance of these Terms, which the customer acknowledges having read before completing their order.
These Terms are available on the Website at all times.
ARTICLE 2 — SELLER IDENTIFICATION
The Website is operated by:
NAMERA
Sole trader
14 Rue du Capitole
31790 Saint-Jory
France
SIREN: 130 379 209
Email: namera.jewellery@hotmail.com
Hereinafter referred to as “NAMERA” or the “Seller”.
ARTICLE 3 — PRODUCTS
The products available for purchase are those displayed on the Website, subject to availability.
NAMERA endeavours to present its products and their characteristics as accurately and faithfully as possible.
The photographs, illustrations and visuals displayed on the Website are intended to showcase the products. However, slight differences in colour, appearance or rendering may occur depending on the customer’s screen, browser or device.
For personalised jewellery, the customer is responsible for the information entered during the personalisation process, including names, letters, numbers, symbols or any other inscription selected.
The customer must carefully check their personalisation before confirming their order.
ARTICLE 4 — PERSONALISED PRODUCTS
Certain products offered by NAMERA are made or personalised according to the specifications provided by the customer when placing their order.
The customer acknowledges that personalisation constitutes an essential element of their order.
Once the order has been confirmed and the personalisation has been submitted for production, it may generally no longer be changed or cancelled once production has begun.
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply, in particular, to goods made to the consumer’s specifications or clearly personalised.
This exception does not affect the customer’s rights under the applicable statutory guarantees, particularly where a product is non-conforming or has a defect covered by the statutory guarantee of conformity.
Customers are therefore advised to carefully check all personalisation details before completing their order.
ARTICLE 5 — ORDERS
Customers may place orders directly through the Website.
To place an order, the customer selects the desired product(s), chooses any available personalisation options and adds the product(s) to their basket.
Before the order is finally confirmed, an order summary is displayed so that the customer can check the products, quantities, personalisation details, prices, delivery address and any other information provided.
The customer is responsible for ensuring that all information supplied when placing the order is accurate.
Confirming the order constitutes acceptance of these Terms and creates an obligation to pay the stated price.
An order confirmation will then be sent to the customer by email.
NAMERA reserves the right to refuse or cancel an order in circumstances permitted by law, including in the event of an obvious pricing error, suspected fraud, manifestly incorrect information or exceptional product unavailability.
If an order is cancelled by NAMERA, any amounts already paid by the customer will be refunded.
ARTICLE 6 — PRICES
Product prices are displayed in euros.
The applicable price is the price displayed on the Website at the time the order is confirmed.
Prices may be changed at any time. However, any price change will not affect orders that have already been confirmed.
Any applicable delivery charges will be displayed to the customer before the order is finally confirmed.
Promotional offers are valid for the period stated and subject to the conditions specified on the Website.
Unless otherwise stated, promotional offers cannot be combined.
ARTICLE 7 — PAYMENT
Payment is due when the order is confirmed.
Customers may use the payment methods available on the Website at the time of purchase.
Transactions are secured by the payment service providers offered by Shopify and/or by the payment providers available on the Website.
NAMERA does not have access to the customer’s complete banking details where these are processed directly by the payment service provider.
The order will only be prepared once payment has been confirmed.
If payment is declined by the customer’s bank or payment service provider, the order may not be confirmed.
ARTICLE 8 — PRODUCTION AND PREPARATION
Personalised jewellery requires a production and personalisation period before it is dispatched.
The preparation time stated on the Website is provided as an indication only and may vary depending on the product, level of personalisation, order volumes or exceptional circumstances.
For NAMERA orders, the preparation and personalisation period is generally between 4 and 8 working days, unless a different timeframe is stated on the product page or at the time of ordering.
The delivery period is additional to the preparation period.
ARTICLE 9 — DELIVERY
NAMERA offers delivery within France and, depending on the destinations available on the Website, internationally.
Delivery times displayed on the Website are estimates provided for guidance, unless a delivery timeframe is expressly stated as guaranteed.
As a general indication, the total delivery timeframe may typically range from 9 to 18 days, including preparation, personalisation and transit, depending on the destination and delivery method selected.
Delivery times may vary depending on the destination country, carrier, periods of high demand, customs procedures or circumstances beyond NAMERA’s reasonable control.
The customer must provide a complete and accurate delivery address when placing their order.
NAMERA cannot be held responsible for delays or failed deliveries resulting from an incorrect or incomplete address provided by the customer.
In accordance with the regulations applicable to consumer contracts, NAMERA remains responsible for the proper performance of the order until the product has been delivered to the customer or to a third party designated by the customer, subject to circumstances provided for by law.
In the event of a delivery delay falling within the circumstances provided for by the French Consumer Code, the customer has the rights granted to them under the applicable regulations.
ARTICLE 10 — INTERNATIONAL DELIVERIES AND CUSTOMS DUTIES
For certain destinations outside the European Union, customs duties, taxes, import charges or other fees may apply depending on the regulations of the destination country.
Where such charges are legally payable and are not expressly included in the price or delivery charges displayed at the time of purchase, they may remain payable by the recipient.
Customers are advised to check the import regulations applicable in their country before placing an order.
ARTICLE 11 — RECEIPT OF THE ORDER
Upon receiving their parcel, customers are advised to check the apparent condition of the packaging and the product.
If any apparent issue is identified, the customer should contact NAMERA as soon as reasonably possible at:
Where possible, the customer should provide their order number together with photographs showing the issue.
This information helps NAMERA process the request efficiently.
ARTICLE 12 — RIGHT OF WITHDRAWAL
In accordance with Articles L.221-18 et seq. of the French Consumer Code, consumers generally have a period of 14 daysfrom receipt of the product in which to exercise their right of withdrawal, without having to provide a reason or incur any costs other than those provided for by law.
However, in accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply, in particular, to goods made to the consumer’s specifications or clearly personalised.
Accordingly, NAMERA personalised jewellery will generally not be eligible for withdrawal where the statutory exception applicable to personalised goods applies.
For non-personalised products to which the right of withdrawal applies, the customer must notify NAMERA of their decision to withdraw before the expiry of the statutory period.
The request may be sent to:
The customer must return the product in accordance with the instructions provided by NAMERA.
The product must be returned in a condition that allows it to be resold, subject to the rules applicable to the right of withdrawal.
Direct return costs are payable by the customer where permitted by applicable law and where NAMERA has informed the customer of this in accordance with the applicable requirements.
ARTICLE 13 — REFUNDS
Where a refund is due under these Terms or applicable law, NAMERA will refund the customer in accordance with the procedures and timeframes prescribed by law.
Unless otherwise agreed, the refund will be made using the same payment method as that used for the original transaction.
NAMERA will not impose any charges on the customer where applicable law prohibits such charges.
ARTICLE 14 — STATUTORY GUARANTEES
Products sold by NAMERA benefit from the applicable statutory guarantees, including:
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the statutory guarantee of conformity provided for under Articles L.217-3 et seq. of the French Consumer Code;
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the statutory guarantee against hidden defects provided for under Articles 1641 et seq. of the French Civil Code.
In the event of a lack of conformity, consumers may exercise the rights provided for under the applicable regulations.
Where the statutory conditions are met, consumers may, in particular, obtain the repair or replacement of the product, or benefit from a price reduction or termination of the contract under the conditions provided by law.
The statutory guarantee of conformity applies independently of any commercial guarantee that NAMERA may offer.
ARTICLE 15 — USE AND CARE OF JEWELLERY
NAMERA jewellery should be used in accordance with any care instructions provided with the product or displayed on the Website.
Even where a product is described as water-resistant, this does not necessarily mean that it is intended to be worn continuously underwater or repeatedly exposed to chemicals.
To preserve the appearance of the jewellery, customers are particularly advised to avoid prolonged contact with perfumes, lotions, cosmetics, chlorine, salt water and household cleaning products whenever possible.
Natural wear resulting from normal use, friction or inadequate care does not necessarily constitute a lack of conformity.
These care recommendations do not in any way limit the statutory guarantees to which consumers are entitled.
ARTICLE 16 — INTELLECTUAL PROPERTY
All elements appearing on the Website, including text, photographs, images, illustrations, logos, videos, graphics, design elements, visual identity, the NAMERA name, slogans and other content, are protected by applicable intellectual property laws.
Any reproduction, representation, modification, adaptation, distribution or exploitation, in whole or in part, without NAMERA’s prior authorisation is prohibited, except where permitted by law.
The NAMERA name and visual identity may not be used for commercial purposes without prior authorisation.
ARTICLE 17 — REVIEWS AND CONTENT SUBMITTED BY CUSTOMERS
Where the Website allows customers to publish a review, photograph or other content, the customer warrants that they have the necessary rights to the content submitted.
Customers agree not to publish any content that is unlawful, defamatory, misleading, hateful, obscene or infringes the rights of third parties.
NAMERA reserves the right to moderate or remove any content that is manifestly unlawful or contrary to these Terms.
Where a customer voluntarily provides NAMERA with a photograph or testimonial for promotional purposes, the terms governing the use of such content will be communicated to the customer where necessary.
ARTICLE 18 — LIABILITY
NAMERA is responsible for properly performing its obligations under the contract entered into with the customer, subject to the applicable regulations.
NAMERA shall not be held liable where non-performance or improper performance results from an event of force majeure within the meaning of applicable law and case law.
The limitations of liability set out in this Article shall not have the purpose or effect of depriving consumers of any rights granted to them by mandatory applicable provisions.
ARTICLE 19 — PERSONAL DATA
Personal data collected when placing orders and using the Website is processed in accordance with applicable regulations, including the General Data Protection Regulation (GDPR).
The methods of collecting and processing personal data are detailed in NAMERA’s Privacy Policy.
Customers may exercise their rights in accordance with the procedures set out in that policy.
ARTICLE 20 — COOKIES
The Website may use cookies and other trackers that are necessary for its operation and, where visitor consent is required, trackers used in particular to measure website traffic or improve the user experience.
Customers may consult NAMERA’s Cookie Policy and manage their preferences using the features available on the Website.
ARTICLE 21 — CONSUMER MEDIATION
In accordance with the applicable provisions, consumers may, before commencing legal proceedings and after first submitting a written complaint to NAMERA, make free use of a consumer mediation service where the statutory conditions for mediation are met.
The contact details of the relevant mediator will be provided by NAMERA in these Terms once a mediator has been appointed and in accordance with the applicable legal requirements.
ARTICLE 22 — DISPUTE RESOLUTION
In the event of any difficulty or dispute, customers are encouraged to contact NAMERA first in order to seek an amicable resolution.
If an amicable resolution cannot be reached, the dispute will be subject to the applicable rules of ordinary law.
For consumers, the protective rules governing jurisdiction under French and European law shall remain applicable.
ARTICLE 23 — GOVERNING LAW
These Terms are governed by French law.
Where the customer is a consumer residing in another Member State of the European Union, any mandatory consumer protection provisions applicable in their country of residence may also apply in accordance with the rules of private international law.
ARTICLE 24 — AMENDMENTS TO THE TERMS
NAMERA reserves the right to amend these Terms, in particular to reflect changes in legislation, regulations or commercial practices.
The Terms applicable to an order are those accepted by the customer at the time the order is confirmed.
The most recent version of these Terms is available on the Website at all times.
ARTICLE 25 — CONTACT DETAILS
For any questions, complaints or requests relating to an order, customers may contact NAMERA:
NAMERA
14 Rue du Capitole
31790 Saint-Jory
France
SIREN: 130 379 209
Email: namera.jewellery@hotmail.com
Website: namerajewellery.com