General Terms and Conditions of Sale

Preamble

THE OTHER STORE is a company that develops, implements and runs the operations of commercial websites, including sales and back office functions, in its own name on behalf of its clients, along with other associated activities, such as marketing these websites and promoting the products for sale.

THE OTHER STORE was thus enlisted with the development and management of the https://www.nafnaf.com/en_eu/ website (hereafter "the Website") under their own name but on behalf of NAF NAF, a French SAS (simplified joint stock company - société par actions simplifiée) with share capital of 18,052,090 euros, with headquarters at 6/10 Boulevard Foch – 93800 Epinay-sur-Seine, France, registered in the Bobigny trade and companies register under no. 300 345 808.

These General Terms and Conditions of Sale were drawn up for the purpose of setting forth the rules applicable to the sale of products carrying the NAF NAF brand (hereafter “the Product(s)”) on the Website,

Between

THE OTHER STORE (hereafter "THE OTHER STORE”),

A French SAS, with share capital of 166 138 euros, with headquarters at 15 rue de Maubeuge, 75009 Paris, France, registered in the Paris trade and companies register under no. 508 514 494

Inter-Community VAT no.: FR5050851449400014

And

Any non-trading natural person of legal age, with the legal capacity to enter into contracts, purchasing a Product on the Website (hereafter “the Client”), exclusively residing in the United Kingdom.

For the purposes herein, it is agreed that the Client and THE OTHER STORE shall collectively be referred to as the “Parties” and individually as the “Party”.

These general terms and conditions (hereafter "Terms and Conditions”) govern, without limitation, the Product sales conducted by THE OTHER STORE on the Website.

THE OTHER STORE reserves the right to modify these Terms and Conditions at any time via publication of a new version on the Website. The Terms and Conditions in force on the Website on the day an order is placed by the Client are those to be applied; with the understanding that all orders for a Product offered on the Website imply the Client’s full and comprehensive adherence to the Terms and Conditions in force at the time of placing the order.

 

Article 1. Purpose

The purpose of these Terms and Conditions is to set forth how the Products are sold by THE OTHER STORE to the Client. These terms thus stipulate the different steps in the process of making a sale, from the Client placing the order to the delivery of the Product to the Client.

 

Article 2. Products

The Products sold by THE OTHER STORE on behalf of NAF NAF are those featured on the Website on the day the Client visits it. Each Product will be accompanied by a description which will include the price, images, available sizes and colours, composition, and special characteristics. The Product may differ in very minor ways from the image thereof on the Website, in particular as a result of differing resolution and colour definition on the user’s screen.

THE OTHER STORE commits to delivering Products that meet current requirements in terms of the public’s safety and health, in accordance with European regulations, and in particular in terms of legislation governing controlled chemical substances.

 

Article 3.   Prices

Prices are given in euros, including tax, not including delivery charges.

The applicable prices are those displayed on the Website and confirmed with the Client upon validation of the order.

The Client is informed of delivery costs, including tax, when the order is placed but before it is validated. These costs are to be paid by the Client and will be added to the invoice along with the Product’s purchase price.

The risk of loss and damage with respect to the Products will pass to the Client once they have taken delivery thereof.

We reserve the right to alter our prices at any time, whilst committing to applying the prices indicated on the Website at the time the Client places the order.

We hereby inform you that should the price displayed be incorrect or clearly implausibly low (slashed price), regardless of the reason (software bug, clerical error, technical hitch), any orders placed - even those validated by us - shall be cancelled, and we shall notify you thereof without delay. The Client will then be able, should they so wish, to place their order again at the revised, correct price.

 

Article 4. Order and payment with respect to Products

4.1 Placing an order

The Client places an order by going through the following 5 steps

Step 1 : Step 1: the Client selects the chosen Products and adds them to their basket after having chosen their desired size and colour.

The basket icon at the top right of the screen informs the Client that their selections have been registered by displaying the number of Products it contains.

Step 2 : the Client verifies the contents of their basket by clicking on "order" to access their order summary. The Client may then modify their order (Product, size, quantity).

The total cost of the order - including tax - will then be indicated in the summary, laying out the prices corresponding to the Products separately from the delivery costs.

Step 3 : Once the order is verified and (where applicable) modified, the Client confirms their basket in order to complete their order by once again clicking on "Pay for the order".

If the Client has a promotional code, reserved for the most loyal Clients, they can type it into the corresponding box in order to get a discount.

Step 4 : Entry by the Client of the delivery and billing addresses

The fields marked with an asterisk (*) are mandatory; with the understanding that, except when the Client indicates otherwise, the billing address will be automatically registered as the delivery address.

If the Client has previously placed an order on the Website, they already have a client account. In this case, they can log in by entering an email address and password.

The Client then checks all the information and clicks on “confirm” to continue the order.

Step 5 : Entry by the Client of bank details

The Client is then taken to THE OTHER STORE’s secure payment page, as detailed in Article 4.3 below.

Payments are made online by bank card only.

The Client must enter their card number, the expiry date, and the 3-digit security number on the back of the card. Please note that when paying by American Express card, the Client must enter a 4-digit number.

If the payment is accepted, the Client will be taken to an order confirmation page on the Website.

Should the payment be declined, the Client will have up to 3 attempts to re-enter their bank details. Following the third refusal, the Client will be redirected to a screen on the Website informing them that the payment has been declined. The Client will then be advised to contact THE OTHER STORE customer service to find out why, and work on a solution for them to complete their order.

4.2 - Confirmation of the order

As soon as the Client’s payment is accepted, the Client will receive an email confirming their order and summarising the articles they ordered, as well as the billing address, delivery address and delivery date.

The Client’s confirmation of the order, along with the order confirmation sent to the Client by email by THE OTHER STORE following successful payment, represent an agreed contract of sale between the Parties and acceptance of the Terms and Conditions.

Once they have placed an order, the Client has the option of printing off their own invoice by logging onto the Website’s order tracking service designed for this purpose.

THE OTHER STORE reserves the right not to validate an order in the event of :

  • Improper or fraudulent complaints,
  • Improper orders in terms of quantities ordered,
  • Improper or fraudulent exchanges or returns,
  • Ongoing dispute(s) with the Client

THE OTHER STORE customer service is on hand to address any issues associated with a client order. This customer service is English-speaking only, and can be contacted by email (serviceclient@eboutique.nafnaf.com), and by telephone on +33 1 80 06 98 81, Monday to Friday, 10 am to 6 pm.

4.3 - Payment

The costs of the Products purchased are payable as from the day the order is placed by the Client.

Payments are made online by card at the time the Client validates the order.

Once the order is validated on the Website, a request for authorisation to charge the card will be sent, except in the event of a server failure. THE OTHER STORE reserves the right to make a second request for authorisation to charge the card in the event that the first did not succeed due to server failure.

In the event of a failed payment, incorrect address or other problem with the Client’s account, THE OTHER STORE reserves the right to suspend the Client’s order until the problem is resolved.

In the event of unauthorised use of a bank card on the Website, the Client is advised to contact THE OTHER STORE on the following number: +33 1 80 06 98 81, Monday to Friday from 10 am to 6 pm (English-speaking only) or by email at : serviceclient@eboutique.nafnaf.com.

All transactions made on the Website are secured by the payment system put in place by THE OTHER STORE’s partner, Adyen, a French simplified joint stock company (SAS - société par actions simplifiée) with share capital of 40,000 euros, with headquarters based at 5 rue de Rochechouart, 75009 Paris, France, registered in the Paris trade and companies register under no. 435 236 898.

All information exchanged for payment processing is encrypted by SSL (Secure Socket Layer) technology. This data can be neither picked up, nor intercepted, nor used by a third party. At no point does the financial data of a Client go through THE OTHER STORE’s IT system.

Ayden checks that the connection with the Client’s browser is secure before sending the payment form to the bank charged with making the financial transaction.

Ayden is a technical services provider, and thus has no involvement in disputes over orders. These are dealt with directly by THE OTHER STORE as detailed above, or (where applicable) by the Client’s bank.

Combatting bank card fraud

Information relating to orders is subject to automated processing. This automated data processing is designed to allow for analysis of each transaction and to prevent unauthorised use of bank cards.

 THE OTHER STORE is the recipient of all data relating to orders. Failure to send such order-related data prevents the successful completion and analysis of the transaction.

Should a payment not be received due to unauthorised use of a bank card, the details relating to the order associated with this non-payment will be registered in a payment incident record. Any irregular declaration or other irregularity may also be subject to a specific process.

4.4 – Archiving orders

Order confirmations are saved in THE OTHER STORE’s records, which are themselves stored on a reliable and sustainable platform. The Client accepts that confirmation of an order be deemed proof of a contractual agreement between the Parties.

 

Article 5. Delivery

THE OTHER STORE shall deliver the order shipments along with a proof of delivery slip within twenty (20) working days from the day following the payment for the order.

All orders registered on the Website from Monday to Friday before 1 p.m. will be processed that same day; after 1 p.m., they will be processed the following day. Any order placed on Friday after 1 p.m., on a Saturday or on a Sunday will be processed the following Monday; with the understanding that orders placed on bank holidays will be processed the next working day.

In the event that a delivery is late, not accounted for by a force majeure event, the Client may request cancellation of their order and receive a refund of the payments made for the sale within a maximum of thirty (30) days. 

 

Article 6 : Taking delivery of an order – Complaints – Returns

The Client is responsible for checking the Products received further to their order when taking delivery of the shipment.

Any irregularity with respect to the shipment, such as:

  • Damaged packaging,
  • Missing Products,
  • Damaged Products,
  • Products not matching the order,

must be notified within the statutory timeframe following receipt thereof.

Such notification shall be sent to THE OTHER STORE customer service: :

  • By registered letter, to the following address: THE OTHER STORE - 37 avenue de Trudaine - 75009 Paris, France.
  • By email to serviceclient@eboutique.nafnaf.com. serviceclient@eboutique.nafnaf.com.

Once this timeframe has elapsed, unless there is a hidden defect, THE OTHER STORE shall entertain no complaints and the Products shall thus be deemed acceptable.

For any return of a non-compliant Product, the Client must follow the following procedure:

  • The Client must include in their return package the completed returns slip printed off from the returns slip help section of their customer account under “My Orders”. No returns will be accepted without this duly completed slip.
  • The Products must be returned either in their original packaging or in alternative packaging that adequately protects the Product from any damage, along with all labels and any other additional elements enabling them to be resold, to the following address: NAF NAF Service retour 8-10, Boulevard Foch - 93800 Epinay sur Seine - FRANCE
  • All risks and returns delivery costs are exclusively borne by the Client.

In the event that the Product is deemed non-compliant, THE OTHER STORE will offer the Client either :

  • Exchange of the Product(s), paid for by THE OTHER STORE, or
  • A refund of the total cost of the order (cost of the Products and delivery charges), as well as the return delivery costs for the non-compliant Product within a maximum of thirty (30) days from the day THE OTHER STORE customer service sent notification that the Product was confirmed as non-compliant.

Returns via cash on delivery will not be accepted. Upon receipt of a non-compliant item, NAF NAF is responsible for refunding the return delivery costs as per current rates. The Client must send proof of the return delivery costs paid to Customer Service by email or post.

In the event of improper or fraudulent claims, THE OTHER STORE may refuse to accept future orders.

 

Article 7. Right of withdrawal

The Client is granted a period of fourteen (14) days as from receipt of the shipment to return it.

For all returns, the following procedure must be adhered to in its entirety:

  • All returns must be sentby post à to NAF NAF Service retour 8-10, Boulevard Foch - 93800 Epinay sur Seine - France
  • Return delivery costs are borne by the Client, while shipping fees are refunded by THE OTHER STORE on confirmation that the order is returned intact.
  • The items must be returned in their original packaging, with all labels and other additional elements, in perfect condition for resale. They must therefore have never been worn, washed or damaged.
  • The Client must without fail return the package along with the returns slip  à completed and printed from their Customer Account/My Orders.
  • All refunds are applied to the same bank card used to make the purchase within 30 days of returning the package.
  • In the event of a credit note being requested, the sum will be credited to the Client’s account within a maximum of five (5) working days following receipt of the return. No credit contracted on the Website may be refunded. It must only be used to pay for a subsequent purchase on the Website. On no account may the price of a product paid for by credit note and subsequently returned be refunded. Instead, the sum will be credited as a credit note to the user’s Client account.

In the event of a breach of these terms, THE OTHER STORE reserves the right to not accept the returned product(s).

 

Article 8 - Personal Data

THE OTHER STORE collects information needed for order processing.

This information is not only needed for THE OTHER STORE to process a Client’s order, but also to give the Client information on the NAF NAF brand, the Website, or to extend NAF NAF offers to them; if the Client accepts same by validating their order.

This information is strictly confidential, marked by an asterisk (*) when necessary for THE OTHER STORE and/or their subcontractors as part of management of the Client’s order.

Following any request from the authorities or in order to defend its rights or those of its employees, clients, or other person, THE OTHER STORE may pass on this data to legally empowered organisations or authorities.

THE OTHER STORE commits to taking all appropriate precautions to ensure that its data and computing system are secure and protected, in particular to preventing any of the Client’s personal data from being tampered with, damaged or accessed by any unauthorised third party.

The personal information of the Client is sent to and stored by the web hosting company, located in France, whose contact details are displayed on the Website under “Legal Notices”.

The Client has the right to object to, access, rectify, and delete any of their personal data in accordance with the provisions of EU Directive 2016/679 of the European Parliament and Council of April 27, 2016, of the national legislations of European Union member states, and of the French Data Protection Act (loi Informatique et Libertés) no. 78-17 of January 6, 1978 and no. 2004-801 of August 6, 2004. To exercise these rights, the Client needs only to send a request to:

The OTHER STORE
E-boutique NAF NAF
37 Avenue Trudaine
75009 Paris

or : serviceclient@eboutique.nafnaf.com

The Client may also alter their personal contact details via their customer account by logging in with their email and password.

 

Article 9. Cookies

In order to process the Client’s order, and with the aim of understanding customer needs and personalising the services provided on the Website, THE OTHER STORE uses cookies. A cookie is a digital file stored on the hard drive of the Client’s computer designed to indicate when they visit the Website.

Cookies log the duration of a Client’s visit to the Website, their identity (based on their email address and password), and the contents of their basket. Once a Client logs off the Website, this data is stored for thirty (30) days before being permanently deleted.

The Client may object to cookies being logged via their Internet server settings. In doing so, they lose all personalisation of the services offered on the Website.

 

Article 10. Limitation of liability

Placing an order on the Website entails understanding and acceptance of the procedures currently in force on the Internet network, in particular regarding technical efficiency, response and connection times, information requests or transfers, risk of breakdown, risk of catching a virus circulating on the network, and generally all risks relating to the use of an Internet network.

THE OTHER STORE may therefore not be held in any way responsible for direct or indirect harm resulting from incorrect use, for any incident linked to the use of a computer, for Internet access, for server maintenance, for server or telephone line or other technical connection failure. Connecting to the Website is entirely the Client’s own responsibility.

 

Article 11. Force Majeure

THE OTHER STORE shall not be liable for any total or partial failure to fulfil its obligations in respect of an order placed by the Client, if this failure is caused by circumstances constituting a force majeure event, as defined by substantive law.

In such cases, THE OTHER STORE will notify the Client by email that such an event has occurred within three (3) clear days following the occurrence of said event.

Once a timeframe of one (1) month has elapsed, should the event meeting the criteria of force majeure still be ongoing, the order will be cancelled and, where applicable, a refund will be applied by THE OTHER STORE to the same card used to place the order, within a maximum timeframe of thirty (30) days.

 

Article 12. Applicable law/Disputes

Should any one of the terms in these Terms and Conditions be deemed null and void, illegal, or unenforceable by a court ruling, the other terms of these Terms and Conditions will still be applicable.

These Terms and Conditions will be executed and interpreted in accordance with French law.

In the event of a dispute, the Client shall first contact THE OTHER STORE for amicable resolution. Should no agreement be reached, the Client may then refer the matter to the competent common law courts, or apply for mediation with a view to reaching an amicable settlement. The Client can find all the information and contact details available to them with a view to an amicable settlement on the following website:

http://www.economie.gouv.fr/mediation-conso

 

Availability of the Products

The Product offers and prices are valid as long as they are displayed on the Website www.nafnaf.com, except for special promotions, the validity durations of which are specified on the Website. The Client is advised to check the availability of the items sold on the information page for each product.