Terms of service

THE USER IS INVITED TO CAREFULLY READ THESE GENERAL TERMS OF USE BEFORE USING THE SITE AND ITS SERVICES. BY BROWSING THE SITE AND USING THE SERVICES OFFERED THERE, THE USER AGREES TO BE SUBJECT TO THESE GENERAL TERMS OF USE.

1. Preamble

The site accessible electronically at the url address https://www.francknamani.com/ and the present general terms and conditions are published by: SOC JAMIQUA, a simplified joint stock company with capital of €38,112.25, registered in the Paris trade and companies register under number B 572 202 976, whose head office is located at 38 avenue George V, 75008 Paris, France.

The Site is exclusively reserved for retail sale for strictly personal use and intended to provide only individuals, end consumers, with ready-to-wear items.

The User declares and acknowledges: having the technical skills to use the site;
being of legal age and having full legal capacity to commit to these general terms and conditions;
being informed that his commitment does not require a handwritten or electronic signature;
that as a consumer, he has specific rights that could be called into question in the event that the services offered on the site are used by the latter in connection with his professional activity, that is to say in the event that the services ordered are for purposes that fall within the scope of his commercial, industrial, craft or liberal activity.
The User has the option of saving and printing these general terms and conditions using the standard features of his browser or computer.

The User declares that he has obtained all the necessary information regarding the use of the site and the characteristics, both quantitative and qualitative, of the services offered there.

2. Definitions

The terms below defined between the parties have the following meaning: "Articles": ready-to-wear articles from the Franck Namani brand, Men's/Women's collection, and accessories, offered for sale on the Site within the limit of available stocks;
"CGU": designate these general conditions of use of the Site;
"GTC": designate the general conditions of sale of the JAMIQUA Company;
"Customer": designate the natural person, with full legal capacity, who places an Order on the Site as an end consumer. A Customer is in any event a User;
"Order": designate the act by which the Customer acquires one or more Item(s) on the Site;
"Customer Account": designate a private virtual space that the User can have on the Site and accessible using a username and password;
"Cookie": designates a block of data that is not used for identification purposes, but which is used to record information relating to the User's navigation on the Site;
"Personal Data": designate all data allowing to directly or indirectly identify a natural person;
"Party": designate in the singular individually the company JAMIQUA or the User, and in the plural composite the company JAMIQUA and the User;
"Services": designate any e-commerce service offered by the company JAMIQUA via the Site;
"Site": designate the website accessible at the url https://www.francknamani.com;
"User": designates any person using the site, whether simple visitor or Customer.

The purpose of these T&Cs is to define the terms and conditions of use of the Site.

These T&Cs are not intended to govern Orders for Items placed on the Site, which are governed by the T&Cs. They define in particular the rights and obligations of JAMIQUA and those of the customer.

4. Enforceability of the general terms and conditions
These T&Cs are enforceable against any User who browses the Site.

The T&Cs must be explicitly accepted by any User who wishes to create a Customer Account on the Site.

JAMIQUA reserves the right to adapt or modify these T&Cs at any time.

Consequently, any modification takes effect immediately upon publication. Users who have a Customer Account will be informed by email. Users who do not have a Customer Account are required to regularly consult these T&Cs on the Site. The

Applicable T&Cs are those in force and made available on the Site, and where applicable having been communicated by email to the User, on the day the User wishes to avail themselves of them.

The T&Cs are permanently accessible on the Site via the “General Terms and Conditions of Use” section.

5. Conditions of access and identification
5.1. Access to the site
Access to the Site is free and open to any User with internet access. All costs relating to access to the Site, whether hardware, software or internet access costs, are the sole responsibility of the User. The latter is solely responsible for the proper functioning of his or her computer equipment and internet access.

The site is accessible 24 hours a day, 7 days a week.

Due to the nature and complexity of the Internet network and, in particular, its technical performance and response times for consulting, querying or transferring information data, JAMIQUA makes its best efforts, in accordance with the rules of the art, to allow access to and use of the Site and the Services offered. JAMIQUA cannot in fact ensure absolute accessibility or availability of the Site.

JAMIQUA reserves the right, in particular, without notice or compensation, to temporarily close the Site or access to one or more Services, in particular to carry out an update, maintenance operations, modifications or changes to operational methods, servers and accessibility hours, without this list being exhaustive.

JAMIQUA cannot be held responsible for the proper functioning of the User's computer equipment or their access to the Internet.

JAMIQUA reserves the discretionary right to supplement, delete or modify, at any time, the Site and the Services available there.

It is the User's responsibility to ensure that the IT and transmission resources at their disposal are up to date so that these resources can adapt to changes in the Site.

5.2. Security
JAMIQUA makes its best efforts, in accordance with the rules of the art, to secure the Site in light of the risk incurred and the nature of the data processed. However, JAMIQUA may only be held liable in this regard in the event of proven fault attributable to the latter.

6. Customer Account
6.1. Effects of creating a Customer Account
Creating a Customer Account is free and optional.

Creating a Customer Account allows the User to easily view the history of their Orders and save addresses for their subsequent Orders.

6.2. Creating a Customer Account
The User can create a Customer Account from the "Login" section or, as part of the Order process, by checking the "Log in" box. To do this, the Customer will be asked to provide a username and password as well as a valid email address.

All data collected is processed in compliance with Article 10 "Personal Data" of these T&Cs and the JAMIQUA Company Privacy Policy.

The User guarantees the accuracy of the information provided for the purposes of their registration.

The User acknowledges that any erroneous information, knowingly or not, is likely to result in liability action against him/her in order to obtain compensation for any damage suffered due to the provision of erroneous information.

In addition, any identity theft may give rise to prosecution, in particular criminal prosecution, in accordance with the provisions of Article L.226-4-1 of the Penal Code, which states that "The act of usurping the identity of a third party or using one or more data of any nature allowing the identification of the third party in order to disturb his/her peace or that of others, or to harm his/her honor or reputation, is punishable by one year of imprisonment and a fine of €15,000. This offense is punishable by the same penalties when committed on an online public communication network."

6.3. Identifiers and password
The User is solely responsible for the preservation and confidentiality of his identifiers and passwords which are strictly personal to him, and undertakes to take all useful measures to ensure this perfect confidentiality, in particular by modifying it regularly. The User undertakes to modify his password without delay in the event of voluntary or involuntary disclosure to third parties, as in the event of loss or forgetfulness.

The User must inform JAMIQUA as soon as possible in the event of unauthorized use of his Customer Account.

Any use of the Customer Account is presumed to be carried out in the name and on behalf of the User.

JAMIQUA cannot be held liable in the event of fraudulent or abusive use or due to voluntary or involuntary disclosure to anyone of his identifiers and/or passwords.

6.4. Deletion of the Customer Account
The User may request the deletion of his Customer Account at any time by sending his request to contact@francknamani.com.

In the event of a breach by the User of any of the obligations imposed on him under these General Terms and Conditions, JAMIQUA reserves the right, without compensation and without notice, to suspend access to all or part of the Customer Account until the cause of the suspension has disappeared, or even to delete the Customer Account in view of the seriousness of the breach. The User accepts and acknowledges that JAMIQUA cannot be held liable to him or to third parties for the consequences of the closure or suspension of the Customer Account.

Failure to use a Customer Account for a period of one (10) years will result in its automatic deletion.

The deletion of the Customer Account, whether initiated by the User or by JAMIQUA, will result in the deletion of all information related to the Customer Account, without the User being able to claim any damage suffered in this regard and may not under any circumstances attempt to hold JAMIQUA liable.

Only the data necessary for accounting documents and supporting documents will be retained in accordance with the applicable provisions in order to allow JAMIQUA to meet its legal and regulatory obligations in this area.

7. Articles
The Articles offered for sale by JAMIQUA are those appearing on the Site on the day of consultation by the User. The Articles are offered on the Site within the limit of available stocks.

As part of the sale of the Articles, JAMIQUA offers a description of the Articles in the form of Article sheets.

The descriptive sheet includes the photograph, the price, the sizes and colors available, the composition, as well as the specific characteristics of the Articles.

Differences may exist between an Article and its photograph, depending in particular on the resolution and color definition of the User's screen.

As such, JAMIQUA takes the greatest care in posting information relating in particular to ent to the essential characteristics of the Items offered for sale, to the guarantees, to the terms of payment and delivery, prior to placing the Order.

The User is solely responsible for his choice of Items and their suitability for his needs, such that the liability of the company JAMIQUA cannot be sought in this regard.

The company JAMIQUA reserves the right to withdraw, at any time, any Item on the Site and/or modify the descriptive sheets of the Items.

8. Intellectual property
8.1. Intellectual property of the company JAMIQUA
These terms do not entail any transfer of any kind of property rights, in particular intellectual, on the elements belonging to the company JAMIQUA for the benefit of the User who refrains in any event from any action and any act likely to directly or indirectly infringe the intellectual property rights of the company JAMIQUA.

In this regard, it is specified that the content of the Site, the general structure as well as the brands, designs, models, animated or non-animated images, texts, photographs, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design and all other elements making up the Site or any other information contained therein, without this list being exhaustive, are the exclusive property of the company JAMIQUA or of the partners or third parties who have granted it a license, and are protected by intellectual property rights that are or will be recognized to them according to the laws in force.

Consequently, any copy, imitation, reproduction, representation, adaptation, alteration, modification, distribution, in whole or in part, of the content of the Site, without prior authorization, is prohibited and may result in legal proceedings.

The User is not authorized under any circumstances to assign, transmit, lend, rent, distribute the Site to a third party, or make it available to a third party in any way, whether free of charge or for a fee.

Similarly, within the limits permitted by law and subject to any other provision contained in these T&Cs, the User may not, under any circumstances and under any pretext whatsoever, modify, adapt, alter, rework, transform, translate all or part of the Site, carry out reverse engineering operations, copy, reproduce, duplicate the Site for purposes other than use for its own needs, create derivative works from the Site or its content.

Thus, the User is expressly prohibited from using techniques that allow access to the source code or circumvent the Site's security systems.

The User is expressly prohibited from collecting and using a listing of the Articles, descriptions and prices for purposes other than placing Orders, from downloading or copying information for the purpose of communicating it to a merchant or from using data collection or extraction tools.

Without the express written permission of JAMIQUA, the User may not use framing techniques to insert any brand, logo or other distinctive sign of JAMIQUA or to insert all or part of the content of the Site.

8.2. Rights granted to the User
Subject to compliance with these T&Cs, the User has the right to access and use the Site, its content and the Services offered therein, on a non-exclusive, non-transferable basis and without the right to sublicense.

The User may use the Site solely for their own needs for Ordering Articles, to the exclusion of any other use, in particular for commercial purposes.

Any rights not expressly mentioned are neither assigned nor granted to the User. Any unauthorized implementation of a right not expressly granted under the T&Cs would constitute an act of counterfeiting.

JAMIQUA reserves the right to delete the Customer Account and any access to the Site in the event of non-compliance by the User with the obligations set out in this Article 8.

9. Method and know-how
JAMIQUA will retain full and exclusive ownership of the methods, know-how and tools specific to it that have been used to execute these contractual provisions.

10. Personal Data
The Site allows the Company to collect Personal Data from Users, in particular when creating a Customer Account and placing an Order.

The conditions of collection and processing are defined in the Privacy Policy, which can be consulted at any time from the tab provided for this purpose on the Site.

In application of Regulation (EU) 2016/679 relating to the Protection of Personal Data, the User has rights over his Personal Data that he can exercise by sending a request to this effect to the following contact details:

• By email: contact@francknamani.com

• By post: SOC JAMIQUA, 38 avenue George V, 75008 Paris

The User also has the right to contact the CNIL in the event of non-compliance with the legislative and regulatory provisions relating to the protection of personal data.

The creation of a Customer Account is conditional on the User's acceptance of the Confidentiality Policy in which the information ons above are supported.

11. Liability
Given the free nature of the use of the Site, the characteristics of the telecommunications networks and services to which it is subject as well as the communication of all the technical prerequisites necessary for the proper functioning of the Site, the User may not under any circumstances seek the liability of the company JAMIQUA for any interruption of access to the Site.

The liability of the Company JAMIQUA may not be incurred by the User if the latter finds at least part of the origin of his damage in the total or partial non-performance of his obligations resulting from these T&Cs.

The liability of the company JAMIQUA may not be incurred in the event of the removal of the Services offered on the Site which is at its sole discretion, or a change in legislation making the Services inaccessible in whole or in part.

The liability of the company JAMIQUA is strictly limited to the Services offered on the Site.

The User is fully responsible for the obligations placed on him under these T&Cs.

The obligations and responsibilities placed on the Parties under the Orders are defined in the T&Cs.

12. Force majeure
JAMIQUA shall not be held liable for the non-performance, partial or defective performance of its obligations under the T&Cs due to a case of force majeure within the meaning of the provisions of Article 1218 of the Civil Code (in particular, natural disaster, disruption or total or partial strike, in particular means of communication).

Furthermore, JAMIQUA shall not be held liable when the poor performance or non-performance of these terms is attributable to the User.

This article shall survive the end of these terms and conditions, whatever the reason or motive.

13. General provisions
13.1. Good faith
The Parties agree to perform their obligations in perfect good faith.

13.2. Sincerity
The Parties declare these commitments to be sincere.

As such, they declare that they have no element to their knowledge which, if it had been communicated, would have modified the consent of the other Party.

13.3. Entirety
No general or specific condition of one of the Parties may be incorporated into this contractual document, with the exception of the General Terms and Conditions of Sale of the JAMIQUA Company in the context of Orders placed by the Customer.

13.4. Titles
In the event of difficulties of interpretation resulting from a contradiction between any of the titles appearing at the head of the articles herein and any of the articles, the content of the article shall prevail.

13.5. Nullity
If one or more provisions of these T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a decision that has become res judicata by a competent court, the other provisions will retain their full force and scope. JAMIQUA will then amend the T&Cs under the conditions of Article 4 of the T&Cs.

13.6. Absence of waiver
No act, delay in acting or any other attitude, passive or active, on the part of one of the Parties will be deemed to constitute for that Party a waiver of any of the rights and actions for which it is a creditor under the T&Cs, unless this waiver is recorded in writing signed by a duly authorized representative.

14. Proof and proof agreement
Online acceptance of the T&Cs by electronic means has the same evidentiary value between the Parties as the agreement on paper.

The computerized records stored in the JAMIQUA company's computer systems will be kept under reasonable security conditions and considered as proof of communications, Orders and payments between the Parties. They are authentic until proven otherwise.

The archiving of contractual documents, Orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

15. Language
The authentic language is French.

If these T&Cs are translated into a foreign language, the French language will prevail over any other translation in the event of a dispute, litigation, difficulty in interpreting or executing these T&Cs and more generally concerning the existing relations between JAMIQUA and the Customer.

16. Applicable law
These T&Cs are governed by French law.

However, and in accordance with Article 6 §2 of the Rome I Regulation, Internet users residing within the European Union may benefit from the potentially more protective and mandatory provisions of their national law.

17. Competent jurisdiction
In the event of a dispute arising from the interpretation or execution of these General Terms and Conditions, the competent jurisdiction will be determined in light of the provisions of common law governing relations between a consumer on the one hand and a professional on the other hand and in particular in light of Regulation Brussels I bis No. 1215/2012 of 12 December 2012.