1. IDENTIFICATION

NENA NEFFATI

Home linen and decorative objects

Rue Jourdan 140

1060 Brussels

Belgium

BCE / TVA : BE1001.185.203
Mail : nenaneffatihomeware@gmail.com
Téléphone : +32497634858

2. SCOPE OF APPLICATION

These General Terms and Conditions of Sale apply to any order placed on the Belgian website www.nenaneffati.com by an individual acting for personal purposes in their capacity as a consumer (hereinafter "the Customer"). These General Terms and Conditions of Sale may be amended at any time by NENA NEFFATI.

By confirming their order, the Customer fully and unreservedly accepts these General Terms and Conditions of Sale, to the exclusion of any other document. The terms and conditions in force at the time of order confirmation prevail over any earlier or otherwise applicable versions.

3. PRODUCTS / PRICES

3.1 Product offering

The products offered for sale are those available at the time the Customer confirms and pays for the order. NENA NEFFATI reserves the right to modify its offering at any time, in particular by adding, modifying, or removing products. Products are presented as accurately as possible. Perfect representation of the products on the website cannot be guaranteed, particularly due to differences in the rendering of colors or materials by internet browsing software and/or display monitors. The delivered product may differ from the one shown on the website without giving the Customer the right to cancel the sale i) if the product concerned is handcrafted or semi-handcrafted and therefore cannot be perfectly uniform in production, or ii) if the product has, between the order date and the delivery date, undergone adaptation related to technical or technological developments — provided, in both cases, that the difference does not affect the essential characteristics of the products, does not affect their quality, and does not result in a price increase.

3.2 Product prices

Product prices are shown on the site (for collections and other published products) in Euros and include all taxes.

The price shown does not include preparation and delivery costs.

The Customer will be informed before the contract is concluded, prior to completing the order:

Before finalizing and paying for the order, the total invoice amount will be shown, including, in the cart, the price of the product with taxes included as well as preparation and delivery costs.

NENA NEFFATI reserves the right to adjust product prices in line with market inflation.

The pricing terms in force on the date the order is confirmed will apply to the Customer.

4. ORDERS

4.1 Placing an order

The Customer may place an order with NENA NEFFATI: Online at www.nenaneffati.com. Any order placed on the website www.nenaneffati.com requires the creation of a customer account. The Customer must add the selected products to their cart. The Customer may review the order details and total price and may make changes before final confirmation. Orders sent to NENA NEFFATI by mail or fax will not be accepted.

4.2 Order confirmation

Acceptance of the order by the Customer is evidenced by their acceptance of these General Terms and Conditions of Sale and by payment.

NENA NEFFATI reserves the right to refuse an order for any legitimate reason, in particular in the event of an unresolved dispute resulting from non-payment of a previous order.

NENA NEFFATI will send an order confirmation by email as soon as possible, containing the key details (order number, products ordered, delivery address, etc.). The Customer agrees that the order confirmation shall be considered proof of the contractual relationship established with NENA NEFFATI.

Should one or more ordered products be unavailable, NENA NEFFATI undertakes to inform the Customer by email as soon as possible.

5. PAYMENT

5.1 Payment

Payment is made in Euros or US Dollars, in full at the time of order, by debit card or credit card.

Since orders are only processed once payment has been validated, no discount or late payment penalty applies. Payments may not be suspended or offset without the prior written consent of NENA NEFFATI.

5.1 Payment by bank card

The following cards are accepted: Carte Bleue, Visa, Mastercard, American Express, and Bancontact. As part of its efforts to combat online fraud, NENA NEFFATI may need to verify customers' banking details and/or identity before delivery. By placing an order on www.nenaneffati.com, the Customer agrees to provide NENA NEFFATI with any supporting documents requested. If the requested information is not provided within the given timeframe, NENA NEFFATI reserves the right to cancel the order under review.

5.2 Invoicing

The invoice sent to the Customer reflects the information provided by the Customer in their customer account. This information cannot be modified once the invoice has been issued. The buyer may update this information when placing any new order on the site.

6. DELIVERY

6.1 Delivery costs and terms

Delivery may be made to a pickup point or to the Customer's home. The mode of transport, timeframe, and related costs will be specified at the time of order, depending on the delivery location, the nature of the products ordered, and the service chosen by the Customer.

Delivery by carrier: Small decorative items are delivered via courier services. Eligibility for this delivery method is specified when the order is confirmed. Delivery of bulky items or furniture is carried out by a carrier specializing in furniture delivery. The delivery date and time slot are agreed jointly between the Customer and the carrier. The carrier and delivery terms vary depending on the size of the order. It is the Customer's responsibility to check the delivery terms when confirming the order.

Where applicable, the Customer is responsible for assembling furniture delivered unassembled; any assembly service is subject to a separate quote.

If NENA NEFFATI's carriers are unable to deliver the products on the agreed date due to the Customer's absence or failure to specify that special delivery arrangements were required, this may result in additional delivery charges and/or cancellation of the order by NENA NEFFATI.

Risk in the product transfers to the Customer upon delivery by NENA NEFFATI's carriers on the delivery date agreed with them. Where the products in an order have different availability dates, NENA NEFFATI will offer the buyer the option to split the order. In the case of split delivery, delivery charges will apply to each portion of the order. If the order is not split, delivery will take place once all ordered products are available.

6.2 Receipt and complaints

Standard reservations: The Customer must check the physical condition of the packaging and the number and contents of the parcels at the time of delivery, in the presence of the delivery person. Any delivery issue (transport damage, missing product or parcel, broken product, product not matching the order, etc.) must, on pain of the claim being deemed inadmissible, be noted on the carrier's delivery note in the form of detailed, explicit, justified, and dated handwritten reservations. The Customer (or their representative) must sign the delivery note. General reservations such as "subject to unpacking" will systematically be rejected.

The Customer must also report these issues to nenaneffatihomeware@gmail.com within three (3) business days of the delivery date, by registered letter with acknowledgment of receipt. Any complaint received after this deadline will be permanently rejected with no possibility of appeal for the Customer.

Product defects: In the event of an apparent defect or non-conformity between the delivered product and the characteristics of the product ordered as shown on the order form, the Customer must report these defects within three (3) days of the delivery date by contacting nenaneffatihomeware@gmail.com or by registered letter with acknowledgment of receipt. nenaneffatihomeware@gmail.com ou par un courrier recommandé avec accusé de réception.
The Customer must refrain from any intervention on the product and must give NENA NEFFATI every opportunity to inspect the alleged defects or issues. Failure to do so will result in the claim being inadmissible. Any complaint made after this deadline will be rejected with no possibility of appeal for the Customer. Products are described as accurately as possible. In the event of a defect or non-conformity duly established by NENA NEFFATI that renders the product unfit for its normal intended use, the provisions relating to the Warranty (see below) shall apply.

Regardless of the nature of the complaint (product defect or delivery issue), the Customer may not refuse delivery from the carrier; the Customer must keep the product(s) until the return is accepted by NENA NEFFATI.

7. RETURNS / RIGHT OF WITHDRAWAL

The Customer has a right of withdrawal of fourteen (14) calendar days from the date of receipt of the products. To exercise the right of withdrawal and arrange a return, the Customer must log into their customer account and access the order details. Next to the relevant product, they must select "Return a product" and indicate the reason for the return. The request will be sent immediately to NENA NEFFATI to arrange the return of the product based on the original shipping method. Exercising the right of withdrawal obliges the Customer to return the products for which the order has been cancelled within fourteen (14) days from the date the right of withdrawal was exercised, in perfect condition and in their original packaging (excluding Gold delivery service). The Customer will be reimbursed, as soon as possible and no later than fourteen (14) days after the date on which the right of withdrawal was exercised, for the amount of the returned item(s), provided NENA NEFFATI has received the product(s) in perfect condition, in their original packaging, and with all accessories. Original shipping costs will only be reimbursed if the entire order is returned. Custom-made products or products made to special order cannot be returned, exchanged, or refunded.

8. PRODUCT WARRANTY

Products sold by NENA NEFFATI are guaranteed for two (2) years from the date of delivery or collection. NENA NEFFATI is therefore liable for any lack of conformity of said products.

To be admissible, a warranty claim requires the Customer to submit the product along with the purchase invoice. NENA NEFFATI MAISON undertakes to repair or replace any product found defective by its services, at the Customer's choice. If repair or replacement is impossible or would incur disproportionate costs, NENA NEFFATI may refund the product. Repaired or exchanged products benefit from the warranty for the remaining warranty period. The warranty excludes: damage to the product resulting from normal wear and tear given its nature, function, composition, and price; products that have been used too intensively, in particular for purposes other than private use; any defects resulting from improper installation, storage, preservation, or assembly, lack of maintenance, misuse, or use not in accordance with technical or usage specifications (failure to follow maintenance instructions), modifications or repairs carried out by the buyer or a third party, damage caused by external objects (e.g., a television that is too heavy placed on furniture not designed for this purpose), or external events such as accidents, impacts, fire, vandalism, water damage, natural or artificial light (in the case of discoloration), natural disasters, or severe weather.

9. PERSONAL DATA

NENA NEFFATI attaches great importance to protecting and respecting its Customers' privacy and personal data, and undertakes to comply with applicable regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. NENA NEFFATI collects and processes its Customers' personal data in order to manage the various stages of the order, respond to questions, and conduct satisfaction surveys following an order. The Customer has the right to access, rectify, object to, and delete personal data concerning them. They may also request the restriction and portability of their data. The Customer may exercise these rights by writing to nenaneffatihomeware@gmail.comi, specifying their details (first name, last name, email address, phone number). NENA NEFFATI may need to verify the Customer's identity in order to process their request securely. For more detailed information on NENA NEFFATI's personal data practices, the Personal Data Protection Policy is available on the website www.nenaneffati.com under the "PRIVACY POLICY" section.

10. INTELLECTUAL PROPERTY

All elements published on the website www.nenaneffati.com, including but not limited to images, lifestyle photographs, cut-out photographs, videos, graphic charter, sound elements of the site, logos, trademarks, domain names, texts, and typography, belong to NENA NEFFATI and constitute works protected under intellectual property law.

NENA NEFFATI holds all intellectual property rights over its products and, more generally, over the trademarks, illustrations, images, and logos reproduced on its items, their accessories, or their packaging. These remain the exclusive property of NENA NEFFATI, except for rights held by its partners and/or suppliers over their own products, trademarks, and logos featured on the site. Any full or partial reproduction, modification, and/or use of these images, lifestyle photographs, cut-out photographs, videos, graphic charter, sounds, logos, products, trademarks, domain names, texts, or typography, for any purpose and on any medium whatsoever, without the express prior consent of NENA NEFFATI, is strictly prohibited. The creation of derivative works from these images, lifestyle photographs, cut-out photographs, videos, graphic charter, sounds, logos, products, trademarks, domain names, or texts is strictly prohibited. NENA NEFFATI holds all copyright over its designs, models, and patents, which remain the property of NENA NEFFATI.

No transfer of intellectual property rights is made through these Terms. Any reproduction, even partial, modification, or use of these elements protected by a proprietary right, for any purpose whatsoever, is strictly prohibited and shall constitute an act of infringement subject to criminal and civil penalties.

11. LIMITATION OF LIABILITY

11.1 Use of the website

Browsing the website www.nenaneffati.com is done at the user's own responsibility. NENA NEFFATI shall not be held liable for any breakdowns, errors, or computer viruses that might disrupt continuous access to its website, nor for any direct or indirect damage, in particular malfunctions of users' computer systems that might result from accessing the site.

11.2 Force majeure

The occurrence of an event constituting force majeure will suspend NENA NEFFATI's obligations. Such non-performance of the contract shall not engage NENA NEFFATI's liability. If the force majeure event lasts longer than one (1) month, NENA NEFFATI may choose not to fulfill the order, and will, if applicable, reimburse the Customer for amounts paid in connection with the order concerned.

12. MISCELLANEOUS

12.1 Evidence

Emails shall constitute evidence between the parties, as shall the automatic recording systems used, in particular in the event of a dispute.

12.2 Partial invalidity

If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or are declared as such pursuant to a law, regulation, or a final decision of a competent court, the remaining provisions shall retain their full force and effect.

12.3 No waiver

The fact that either Party does not enforce any provision of these General Terms and Conditions of Sale, whether permanently or temporarily, shall not under any circumstances be considered a waiver of that Party's rights arising from that provision.

13. DISPUTES

These General Terms and Conditions of Sale are governed by Belgian law. Any dispute relating to their performance shall fall under the exclusive jurisdiction of the French-speaking courts of the judicial district of NENA NEFFATI's registered office.

Right of Withdrawal in Distance Contracts – Book VI of the Belgian Code of Economic Law 

Book VI CEL – Art. VI.47 et seq. CEL Book VI CEL – Art. VI.47 et seq. CEL

Within what timeframe can the consumer exercise the right of withdrawal? 

The consumer must inform the company of their intention to withdraw within 14 calendar days, without giving a reason and without incurring any costs other than those provided for by the Code.

When does the withdrawal period begin? 

The withdrawal period begins:

• for sales contracts, from the day after the consumer or a third party designated by the consumer physically takes possession of the goods, except in specific cases provided for in Book VI of the Code of Economic Law;
• in the case of multiple goods or goods composed of several lots forming part of a single order but delivered separately, from the day after taking possession of the last item or last lot;
• in the case of regular delivery of goods over a specified period, from the day after taking possession of the first item;
• for service contracts, from the day after the contract is concluded; for sales contracts involving both goods and services, from the day after the consumer or a third party designated by the consumer physically takes possession of the goods, except in specific cases provided for in Book VI of the Code of Economic Law;
• for contracts for the supply of water not packaged in a limited volume or set quantity, as well as for district heating, from the day after the contract is concluded.

For the supply of gas and electricity, refer to the agreement "The Consumer in the Free Electricity and Gas Market."

How can the consumer withdraw? 

The consumer informs the company of their decision to withdraw from the contract, before the 14-calendar-day withdrawal period expires, by sending:

• the completed and signed withdrawal form; or
• an unambiguous statement clearly expressing their decision to withdraw from the contract (e.g., by phone, email, text message, letter, etc.); or
• if offered by the company, the withdrawal form or another unambiguous statement submitted online via its website. In this case, an acknowledgment of receipt will be sent to the consumer without delay on a durable medium.

The burden of proof regarding the withdrawal decision rests with the consumer. It is therefore advisable to withdraw in writing or via a durable medium (e.g., email, letter).

Is withdrawal possible if performance of the contract has already begun during the withdrawal period? 

Yes, in the case of:

• a service contract for which the consumer expressly requested that performance begin during the withdrawal period;
• a contract for the supply of water, gas, or electricity not packaged in a limited volume or set quantity, or district heating, for which the consumer expressly requested that performance begin during the withdrawal period.

However, the consumer must pay the company an amount proportional to what has been provided up until the moment the consumer informed the company of their decision to withdraw, relative to the full scope of services provided for under the contract.

This amount is calculated based on the total price agreed in the contract or, if that total price is excessive, on the market value of the services provided.

However, no costs will be due:

• a contract for the supply of water, gas, or electricity not packaged in a limited volume or set quantity, or district heating, for which the consumer expressly requested that performance begin during the withdrawal period.
• the company did not provide information on the right of withdrawal before the contract was concluded; or
• the consumer did not expressly request that performance begin during the withdrawal period.
• for the online supply of digital content not provided on a physical medium (e.g., software downloads), if:
• the company failed to send confirmation of the concluded contract and of the consumer's prior express consent. the consumer did not acknowledge losing their right of withdrawal by giving such consent; or
• the consumer did not acknowledge losing their right of withdrawal by giving such consent; or

What are the effects of exercising the right of withdrawal? 

By exercising the right of withdrawal, the consumer terminates the conclusion or performance of the distance contract and any ancillary contract (e.g., a credit agreement) at no cost, except for those costs provided for under Book VI of the Code of Economic Law (Art. VI.51 CEL).

What costs are borne by the consumer? 

• costs paid by the consumer for expressly choosing a delivery method other than the standard, less costly delivery method offered by the company;
• the cost of returning the goods, unless the company failed to inform the consumer that they would bear this cost;
• costs owed to the company for the service provided up until the moment the consumer exercises their right of withdrawal, after having requested that the service begin.

What are the terms for returning goods? 

If the company does not offer to collect the goods itself:

• the consumer must return the goods to the company, or to a person authorized by the company to receive them, within 14 days of informing the company of their decision to withdraw from the contract;
• the consumer bears the direct costs of returning the goods, unless: the company agrees to bear these costs; or
• the company failed to inform the consumer that they would have to bear these costs.

What are the terms for returning goods? 

The company must reimburse the consumer for all payments received, including, where applicable, delivery costs, without undue delay and in any event within 14 days from the day it is informed of the consumer's decision to withdraw.

Please note: The company is not required to reimburse additional costs resulting from the consumer's express choice of a delivery method other than the standard, less costly method offered by the company.

The company must reimburse the consumer using the same payment method used for the initial purchase, unless the consumer expressly agrees to a different method, provided this does not result in any costs for the consumer.

Please note: For sales contracts, a company that does not offer to collect the goods itself may delay reimbursement:

• until it has received the goods back; or
• until the consumer has provided proof of having sent the goods back.

Reimbursement must then be made as soon as possible, at the latest within a few days of the earlier of these two events.

What is the consumer's liability in case of depreciation of the goods? 

The consumer is liable for any handling of the goods beyond what is necessary to establish their nature, characteristics, and proper functioning. If the company failed to inform the consumer of their right of withdrawal before the sales contract was concluded, the consumer will not be held liable for any depreciation of the goods.

What is the consequence of a failure to provide information on the right of withdrawal? 

If the company fails to inform the consumer of their right of withdrawal, the 14-calendar-day period is extended to 12 months from the end of the original withdrawal period.

If the company provides this information to the consumer within those 12 months, the withdrawal period is reduced to 14 calendar days from the day the consumer receives this information.

In which situations can the consumer not exercise the right of withdrawal? 

The consumer cannot exercise the right of withdrawal when:

• the service contract has been fully performed, and performance began with the consumer's express prior consent before the end of the withdrawal period (e.g., if the consumer wishes to access a database and view the requested information immediately, without waiting for the end of the withdrawal period), and the consumer acknowledged that they would lose their right of withdrawal once the contract had been fully performed by the company;
• the price of the goods or services depends on fluctuations in the financial market beyond the company's control, which may occur during the withdrawal period; the goods supplied were made to the consumer's specifications or are clearly personalized; the goods supplied cannot be returned or are liable to deteriorate or expire quickly;
• the goods supplied were sealed and have been unsealed after delivery, and cannot be returned for reasons of health protection or hygiene;
• the goods supplied are, after delivery, inseparably mixed with other items;
• the consumer specifically requested a visit from the company for urgent maintenance or repair work.

the consumer specifically requested a visit from the company for urgent maintenance or repair work. If, during such a visit, the company provides services in addition to those specifically requested by the consumer, or goods other than the spare parts strictly necessary for the maintenance or repair work, the right of withdrawal applies to those additional services or goods;

• online downloading of digital content began with the consumer's express consent, and the consumer acknowledged that they would thereby lose their right of withdrawal;
• the goods supplied are alcoholic beverages whose price was agreed at the time the sales contract was concluded, delivery of which can only take place after thirty days, and whose actual value depends on market fluctuations beyond the company's control; the goods supplied are newspapers, periodicals, or magazines.
• Please note: The consumer does retain the right of withdrawal for subscription contracts to these publications;
• the protective seal on a sound or video recording, an e-book, or computer software (e.g., DVD, CD, USB drive, CD-ROM, video cassette) supplied sealed has been broken after delivery. If the item remains unsealed, the consumer may cancel the contract and return the item intact;
• the consumer concluded a contract during a public auction;
• the consumer booked accommodation services other than residential accommodation, transport, car rental, catering, or leisure services, if the contract specifies a particular date or period of performance (e.g., booking a flight, hotel, rental car, or event tickets for a specific date);
• the contract concerns betting and lottery services.

In these cases, the company must inform the consumer before the contract is concluded:either that they do not have a right of withdrawal;

• or as applicable, the circumstances under which they would lose the right of withdrawal.