THE USER IS INVITED TO CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THE WEBSITE AND ITS SERVICES. BY BROWSING THE WEBSITE AND BY USING SERVICES OFFERED ON IT, THE USER AGREES TO BE SUBJECT TO THESE TERMS AND CONDITIONS OF USE.
The Website is accessible electronically at the url : https://www.francknamani.com/ and these Terms and Conditions of Use are edited by :
SOC JAMIQUA, a simplified joint stock company with a capital of €38,112.25, registered with the Paris Trade and Companies Register under number B 572 202 976, whose registered office is located at 4 rue Marbeuf, 75008 Paris, France (hereinafter “JAMIQUA”)
The Website is exclusively reserved for retail sale for strictly personal use and only for providing to individuals, the end consumers, ready-to-wear items.
The User declares and acknowledges that:
- he has the technical competence to use the Website
- he is of legal age and has full legal capacity allowing him/her to commit himself under these Terms and Conditions of Use
- he is informed that his commitment does not require a handwritten or electronic signature
- as a consumer, he has specific rights that could be called into question in the event that the service offered on the Website are used by the latter in connection with his professional activities, i.e. in the event that the service offered are for purpose that fall within the scope of his commercial, industrial, craft or liberal activity.
The User can save and print these Terms and Conditions of Use by using the standard functionality of his browser or computer.
The User declares that he has obtained all the necessary information concerning the use of the Website and the quantitative and qualitative characteristic of the service offered.
- The terms defined below shall have the following meanings between the parties:
- “Cookie”: designates a block of data which is not used for identification purpose, but which is used to record information relating to the User’s navigation on the Website ;
- “Customer”: refers to the natural person, having a full legal capacity, who places an Order on the Website as a final consumer. A Customer is in any event an User ;
- “Customer Account”: designates a private virtual space that the User may have on the Website and which can be accessed by means of a login and a password;
- “Items”: ready-to-wear items of the Franck Namani’s brand, Men/Women’s collection, and accessories, placed on sale on the Website within the limit of available stocks;
- “Order”: refers to the act by which the Customer orders one or more article on the Website;
- “Party”: means JAMIQUA or a User in the singular, and JAMIQUA and the User in the plural;
- “Personal Data”: refers to every data allowing direct or indirect identification of a natural person;
- “Services”: means any electronic commerce service offered by JAMIQUA via the Website
- “TCU”: refers to these Terms and Conditions of Use of the Website;
- “TCS”: refers to the Terms and Conditions of Sale of JAMIQUA;
- “User”: refers to any person using the Website, whether a visitor or a Customer;
- “Website” : means the Website accessible at the url https://www.francknamani.com;
The purpose of these TCU is to define the terms and conditions of use of the Website.
These TCU are not intended to govern the Orders of Items placed on the Website, which are governed by the TCS. The rights and obligations of JAMIQUA and those of the Customers are defined in the TCS and TCU.
4. Opposability of the TCU
These TCU are opposable to any User who browses on the Website.
The TCU must be explicitly agreed by any User who wishes to create a Customer Account on the Website.
JAMIQUA reserves the right to adapt or modify these TCU at any time.
Consequently, any modification shall take effect immediately upon its publication. The User who has a Customer Account will be informed by email. The User who has not a Customer Account is required to regularly consult these TCU. The applicable TCU are those in force and made available on the Website – and if applicable having been the subject of a communication by email to the User – on the date on which the User wishes to avail himself/herself of them.
The TCU are always accessible on the Website via the “Terms and Conditions of Use” section.
5. Condition of access and identification
5.1 Access to the Website
The access at the Website is free for any User with internet access. The cost related to the access to the Website, whether hardware, software or internet access cost, are exclusively at the User’s expense. The User is solely responsible for the proper functioning of his computer equipment and his access to internet.
The Website is accessible 24h a day and 7 days a week.
Due to the nature and the complexity of the internet network and, in particular, its technical performance and response time for consulting, querying or transferring information data, JAMIQUA makes his best efforts, in accordance with the rules of arts, to allow access and use of the Website and the Services offered. JAMIQUA cannot guarantee an absolute accessibility or availability of the Website.
JAMIQUA reserves the right, without notice or compensation, to temporally close the Website or access to one or more Services, in particular to carry out an update, maintenances operations, modifications or changes to operational methods, servers and hours of accessibility, without this list being exhaustive.
JAMIQUA cannot be held responsible for the proper functioning of the User’s computer equipment and his access to internet.
JAMIQUA reserves the discretionary right to complete, delete or modify, at any time, the Website and the Services available on it.
It is the User’s responsibility to ensure that the computer and transmission resources available to him are able to evolve and adapt to changes to the Website.
JAMIQUA makes its best efforts, in accordance with the rules of art, to secure the Website with regard to the risk incurred and the nature of the data processed. However, JAMIQUA cannot be held liable, with the regard to this point, except in the event of a proven fault attributable to the latter.
6. Customer Account
6.1. Effects of creating a Customer Account
The creation of a Customer Account is free and optional.
The creation of a Customer Account allows the User to easily view the history of his Orders and to save the address for future Orders.
6.2. Creating a Customer Account
The User can create a Customer Account from the “Register” section or, as part of the Order process, by checking the box “I wish to create a new account”. To do so, the Customer will be asked to provide a username and password as well as a valid e-mail address.
The User guarantees the accuracy of the information provided for the purpose of the registration.
The User acknowledges that any erroneous information, whether knowingly or unknowingly, may lead to liability action against him/her with a view to obtaining compensation for any prejudice suffered as a result of the provision of erroneous information.
In addition, any usurpation of identity may give rise to a criminal prosecution in accordance with the provisions of Article L.226-4-1 of the French Penal Code, which states that “Usurping the identity of a third party or making use of one or more data of any kind allowing identification in order to disturb his or her peace or that of others, or to harm his or her honour or reputation, shall be punishable by one year’s imprisonment and a fine of €15,000. This offence is punishable by the same penalties when it is committed on a network of communication to the public online”.
6.3. Identifiers and password
The User is solely responsible for the preservation and confidentiality of his or her identifiers and password which are strictly personal, and undertakes to take all useful measures to ensure this perfect confidentiality, in particular by regularly modifying them. The User undertakes to change his password without delay in the event of voluntary or involuntary disclosure to third parties, or in the event of lost or forgotten password.
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 made 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 of the identifiers and/or passwords of a User.
6.4. Deletion of the Customer Account
The User may request the deletion of his Customer Account at any time by sending a request to email@example.com.
In the event of a breach by the User of any of the obligations incumbent upon him/her under these TCU, 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 regarding the seriousness of the breach. The User accepts and acknowledges that JAMIQUA cannot be held liable against him or against a third parties for the consequences of the deletion or suspension of the Customer Account.
If a Customer Account is not used for a period of one (1) year, it will be automatically deleted.
The deletion of a Customer Account, whether at the initiative of the User or at the initiative of JAMIQUA, will result in the suppression of all information related to this Customer Account, without the User being able to claim any prejudice whatsoever and cannot under any circumstances attempt to engage the responsibility of JAMIQUA
Only the data necessary for the accounting documents and supporting documentation will be kept in accordance with the applicable provisions in order to enable JAMIQUA to meet its legal and regulatory obligations in this matter.
The Items offered for sale by JAMIQUA are those appearing on the Website on the day of its consultation by the User. The Items are proposed on the Website within the limit of available stock.
Within the framework of the sale of the Items, JAMIQUA proposes a description of the Items in the form of Items cards.
The description sheet includes the photograph, the price, the sizes and colors available, the composition, as well as the particular characteristics of the Items.
Differences may exist between an Item and its photograph, depending in particular on the resolution and the definition of the colors of the User’s screen.
JAMIQUA takes the greatest care in putting online information relating to the essential characteristics of the Items offered for sale, the guarantees, the methods of payment and delivery, prior to placing an Order.
The User is solely responsible for his choice of Items and their adequacy to his needs, so that JAMIQUA cannot be held responsible in this respect.
JAMIQUA reserves the right to remove, at any time, any Item on the Website and/or to modify the description sheets of the Items.
8. Intellectual Property
8.1. Intellectual property of JAMIQUA
The present document does not entail any transfer of any kind of property rights, in particular intellectual property rights, on the elements belonging to JAMIQUA to the benefit of the User who shall refrain in any case from any action or act likely to directly or indirectly infringe the intellectual property rights of JAMIQUA.
In this respect, it is specified that the content of the Website , the general structure as well as the trademarks, drawings, models, animated or not animated images, texts, photographs, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, the design and all other elements making up the Website or any other information contained therein, without this list being exhaustive, are the exclusive property of JAMIQUA or of partners or third parties who have granted it a license, and are protected by intellectual property rights which are or will be recognized 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 Website, without prior authorization, is prohibited and liable to result in legal proceedings.
The User is not authorized to transfer, transmit, lend, rent, distribute the Website to a third party, nor to make it available to a third party in any way whatsoever, whether free of charge or in return for payment.
Similarly, within the limits permitted by law and subject to any other provision contained in these TCU, the User may not, under any circumstances and under any pretext whatsoever, modify, adapt, alter, rework, transform, translate all or part of the Website, reverse engineer, copy, reproduce, duplicate the Website for purposes other than use for his own needs, create derivative works from the Website or its content.
Thus, it is expressly forbidden for the User to use techniques allowing access to the source code or to bypass the Website’s security systems.
It is expressly forbidden for the User to collect and use a listing of Items, descriptions and prices for purposes other than placing Orders, to download or copy information for communication to a merchant or to use data collection or extraction tools.
Without the express written authorization of JAMIQUA, the User may not use framing techniques to insert any trademark, logo or other distinctive sign of JAMIQUA or to insert all or part of the content of the Website.
8.2. Rights granted to the User
Subject to compliance with these TCU, the User has the right to access and use the Website, its content and the Services offered on it, on a non-exclusive, non-transferable basis and without the right to sub-license.
The User may use the Website solely for his own needs for Ordering Items, to the exclusion of any other use, in particular for commercial purposes.
The rights not expressly mentioned are neither transferred nor granted to the User. Any unauthorized use of a right not expressly granted under the TCU would constitute an act of infringement.
JAMIQUA reserves the right to delete the Customer Account and all access to the Website in the event of non-compliance by the User with the obligations set out in the present article 8.
9. Method and know-how
JAMIQUA will retain full and exclusive ownership of the methods, know-how and tools which are its own and which have been used to carry out the present contractual stipulations.
10. Personal Data
The Website allows JAMIQUA to collect Personal Data from Users, particularly in the context of creating a Customer Account and placing an Order.
In application of Regulation (EU) 2016/679 on the Protection of Personal Data, the User has rights over his Personal Data which he can exercise by sending a request to the following address:
- By e-mail: firstname.lastname@example.org
- By post: SOC JAMIQUA, 4 rue Marbeuf, 75008 Paris, France
The User also has the right to refer the matter to the CNIL in the event of non-compliance with the legislative and regulatory provisions relating to the protection of Personal Data.
Taking into account the free nature of the use of the Website, 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 Website, the User may under no circumstances seek the liability of JAMIQUA for any interruption in access to the Website.
JAMIQUA cannot be held liable by the User if the User finds at least in part the origin of his damage in the total or partial non-performance of his obligations resulting from these TCU.
JAMIQUA may also not be held liable in the event of the deletion of the Services offered on the Website, which is at its sole discretion, or in the event of a change in legislation rendering the Services inaccessible in whole or in part.
JAMIQUA’s liability is strictly limited to the Services offered on the Website.
The User is fully responsible for the obligations incumbent upon him/her under these TCU.
The obligations and responsibilities of the Parties in case of Orders are defined in the TCS.
12. Force majeure
JAMIQUA cannot be held responsible for the non-execution, partial or defective execution of its obligations under these TCU due to a case of force majeure within the meaning of the provisions of article 1218 of the French Civil Code (in particular, natural disasters, disruption or total or partial strikes, in particular means of communication).
Furthermore, JAMIQUA shall not be held liable when the poor execution or non-execution of these TCU is attributable to the User.
This article will survive the end of the present contract, whatever the reason or motive.
13. General stipulations
13.1. Good Faith
The Parties agree to perform their obligations in good faith.
The Parties sincerely declare these commitments.
As such, they declare that they are not aware of any circumstances which, if they had been communicated, would have altered the consent of the other Party.
No general or specific condition of either of the Parties may be incorporated into this contractual document, with the exception of the TCS of JAMIQUA in the context of Orders placed by the Client.
In the event of difficulties of interpretation resulting from a contradiction between any of the headings appearing at the beginning of the articles herein and any of the articles, the content of the article shall prevail.
If one or more stipulations of these TCU are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. JAMIQUA will then proceed to modify the TCU under the conditions of Article 4 of these TCU.
13.6. Absence of renunciation
No act, delay in acting or any other attitude, whether passive or active, on the part of one of the Parties shall be deemed to constitute a waiver by that Party of any of its rights and actions of which it is a creditor under these TCU, unless such waiver is evidenced in writing signed by a duly authorized representative.
14. Evidence and Agreement of Evidence
The online acceptance of these TCU by electronic means shall have the same evidential value between the Parties as the agreement on paper.
The computerized registers kept in the computer systems of JAMIQUA will be kept under reasonable conditions of security and considered as proof of communications, Orders and payments between the Parties. They shall be considered authentic until proven otherwise.
The archiving of the contractual documents, Orders and invoices is carried out on a reliable and durable support which can be produced as proof.
The authentic language is French.
If these TCU are translated into a foreign language, the French language shall prevail over any other translation in the event of any dispute, litigation, difficulty of interpretation or execution of theseTCU and more generally concerning the existing relations between JAMIQUA and the User.
16. Applicable law
These TCU are governed by French law.
However, and in accordance with Article 6 §2 of the Rome I Regulation, Internet Users living within the European Union may benefit from the possibly more protective and mandatory provisions of their national law.
17. Competent jurisdiction
In the event of a dispute in connection with the interpretation or execution of these TCU, the competent court shall be determined in accordance with the provisions of ordinary law governing relations between a consumer on the one hand and a professional on the other, and in particular with regard to the Brussels I bis Regulation No. 1215/2012 of 12 December 2012.