Terms and Conditions of Sale
SELLER'S IDENTIFICATION – PRE-CONTRACTUAL INFORMATION
The Seller’s (hereinafter referred toas “ADJAMEE”) contact information is as follows:
Ms. Talissa Bachelot
ADJAMEE SASU
14 Duc Street
75018 Paris
registered with the Paris Trade and Companies Registry under number: 838.072.213
Email: contact@adjamee.com
Phone: +33 6 12 96 40 00
The Customer acknowledges having received, prior to signing the Contract, in a legible and understandable manner, these general terms and conditions of sale and all the information and details referred to in Articles L.111-1 through L.111-7 and L.121-17 of the Consumer Code. All of this information, as well as the main features of the Services, is presented on the website www.adjamee.com.
The Customer represents that he or she has read these General Terms and Conditions of Sale and has accepted them without reservation before placing an order. Placing an order on the Website constitutes full and complete acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any conflicting document that would not be enforceable against ADJAMEE.
SCOPE OF APPLICATION OF THE TERMS AND CONDITIONS
These General Terms and Conditions of Sale (hereinafter “the Terms”) apply, without restriction or reservation, to all sales made by ADJAMEE to non-professional buyers (hereinafter “the Customer”) who wish to purchase the products offered for sale by ADJAMEE (hereinafter “the Products”) on the website http://adjamee.com (hereinafter “the Website”). In particular, they specify the terms and conditions governing orders, payment, delivery, and the handling of any returns of Products ordered by Customers.
These Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, including, in particular, those applicable to in-store sales or sales through other distribution and marketing channels. They shall prevail, where applicable, over any other version or any other conflicting document.
The Customer hereby declares that he or she has read and accepted these Terms and Conditions by checking the box provided for that purpose before proceeding with the online ordering process, as well as the Website’s Terms of Use.
Since the Terms and Conditions may be subject to future changes, the version applicable to the Customer’s purchase is the one in effect on the Website as of the date the order is placed. The Terms and Conditions are made available to the Customer on the Website, where they can be viewed directly, and may also be provided to the Customer upon request via email or regular mail.
Unless proven otherwise, the data recorded in ADJAMEE’s computer system constitutes proof of all transactions entered into with the Customer.
PRODUCTS
ADJAMEE offers cushions for sale in the “Our Cushions” section and accessories in the “Our Unexpected Finds” section of the website.
The main characteristics of the Products—including, in particular, their specifications, illustrations, and information regarding their dimensions or capacity—are presented on the Website, in accordance with Article L.111-1 of the Consumer Code. The photographs and graphics displayed on the Website are not binding and do not give rise to any liability on the part of ADJAMEE.
The Customer is required to review the description of each product to familiarize themselves with its essential properties and characteristics before placing an order, it being understood that the selection and purchase of a product are the Customer’s sole responsibility.
Product offers are subject to availability, as specified at the time the order is placed.
ORDERS – FORMATION OF THE CONTRACT
Product offers are valid as long as they are visible on the Website, while supplies last. ADJAMEE therefore reserves the right to refuse orders for the same Product in large quantities or containing more than 5 identical items.
To place an order, the Customer, after filling the shopping cart with the selected Products and desired quantities, clicks the “Checkout” button and provides the necessary information regarding delivery and payment method.
Before clicking the “Confirm Order with Payment Obligation” button, the Customer has the opportunity to review the details of their order and its total price, and to return to previous pages to correct any errors or modify their order if necessary. It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.
Confirmation of the order constitutes acceptance of the Terms and Conditions, the formation of the contract, and an obligation to pay. ADJAMEE will send the Customer an email acknowledging receipt of the order and payment as soon as possible.
PRICE
The selling prices listed for each Product in the Website’s online catalog (Our Pillows or Our Surprises) are in euros, including all taxes, excluding any delivery and shipping charges that are indicated before the order is confirmed and may be billed as an additional charge.
Shipments within Metropolitan France and shipments outside Metropolitan France: Prices do not include shipping, transportation, and delivery charges, which are billed as additional fees in accordance with the terms and conditions listed on the Website and calculated before the order is placed.
The sale price of the Product is the price in effect on the date of the order. The total amount due by the Customer is indicated on the order confirmation page. In the event of a price promotion, ADJAMEE agrees to apply the promotional price to any order placed during the promotion period.
These prices are fixed and non-negotiable. ADJAMEE reserves the right to change its prices at any time, while guaranteeing that the consumer will be charged the price in effect on the date of the order.
ADJAMEE issues an invoice and provides it to the Customer upon delivery of the ordered Products.
PAYMENT OF THE PRICE
The price is payable in full on the day the Customer places the order, via secure payment, according to the following terms:
via the secure Stripe platform, by credit card: Visa, MasterCard, Discover, American Express, Carte Aurore, Cofinoga, or Privilège (4 stars).
Payments made by the Customer will not be considered final until ADJAMEE has actually received the amounts due. ADJAMEE will not be required to deliver the Products ordered by the Customer if the Customer fails to pay the full price in accordance with the terms and conditions set forth above.
Furthermore, ADJAMEE reserves the right, in the event of non-compliance with the payment terms set forth above, to suspend or cancel the delivery of any pending orders placed by the Customer. No additional fees exceeding the costs incurred by ADJAMEE for the use of a payment method may be charged to the Customer.
DELIVERY
Delivery Terms: Delivery consists of the transfer to the Customer of physical possession or control of the Product. The Products ordered by the Customer will be delivered to the address provided by the Customer at the time of the order:
in mainland France within TWO (2) to FIVE (5) business days from the date the order is shipped;
Outside mainland France within TWO (2) to FIVE (5) business days
ADJAMEE undertakes to do its utmost to deliver the products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for informational purposes only. If, however, the Products ordered have not been delivered within a reasonable time after the estimated delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be rescinded upon the Customer’s written request under the conditions set forth in Articles L.138-2 and L.138-3 of the Consumer Code. The amounts paid by the Customer will then be refunded no later than FOURTEEN (14) daysfollowing the date of termination of the contract, excluding any compensation or deductions.
Receipt of Products: The Customer is required to inspect the condition of the delivered Products. The Customer has a period of FOURTEEN (14) days from the date of delivery to submit in writing (by certified mail, email, or fax) any reservations or claims regarding non-conformity or apparent defects in the delivered Products (e.g., a damaged or already opened package...), along with all supporting documentation. After this period has elapsed, and if these formalities have not been followed, the Products will be deemed to be in compliance and free from any apparent defects, and no claim may be validly accepted by ADJAMEE.
ADJAMEE will, at its own expense and as soon as possible, refund or replace any delivered Products for which the Customer has duly proven nonconformities or apparent or hidden defects, in accordance with the conditions set forth in Articles L.211-4 et seq. of the French Consumer Code and those set forth in these Terms and Conditions of Sale.
TRANSFER OF RISK
Regardless of the date of transfer of ownership of the Products, the transfer of the risk of loss or damage to the Products shall not take place until the Customer takes physical possession of the Products. The Products are therefore shipped at ADJAMEE’s risk.
WITHDRAWAL
In accordance with applicable law, the Customer has a period of FOURTEEN (14) days from receipt of the Product to exercise their right of withdrawal with ADJAMEE, without having to provide a reason or pay a penalty, for the purpose of an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within (at least 14 days following notification of the decision to cancel) after ADJAMEE has been notified of the Customer’s decision to cancel.
Returns must be in their original condition and complete (including packaging, accessories, instruction manual, etc.) so that they can be resold as new, and must be accompanied by the purchase receipt. Damaged, soiled, or incomplete products will not be accepted for return.
The right of withdrawal may be exercised online or by email sent to ADJAMEE using the withdrawal form included in the Appendix to these Terms and Conditions, in which case ADJAMEE will immediately provide the Customer with an acknowledgment of receipt on a durable medium, or by any other unambiguous statement expressing the intention to withdraw.
If the right of withdrawal is exercised within the aforementioned time limit, only the price of the purchased Product(s) and the shipping costs will be refunded; the Customer is responsible for the return shipping costs. The refund will be issued within FOURTEEN (14) days of ADJAMEE’s receipt of the Products returned by the Customer in accordance with the terms set forth in this section.
10. STATUTORY WARRANTY
The Products sold on the Website comply with current regulations in France and are designed for non-professional use. Regardless of the right of withdrawal, the Products are covered by the statutory warranty of conformity (for Products that are defective, damaged, or do not match the order) and the statutory warranty against hidden defects (defects in materials, design, or workmanship that affect the delivered Products and render them unfit for use).
In order to assert their rights, the Customer must notify ADJAMEE in writing of any nonconformity of the Products within a maximum of THREE (3) calendar days from the date of delivery of the Products, or of any latent defects within a maximum of FIVE (5) calendar days from the date of their discovery.
The limited warranty covers the replacement or refund of Products that do not conform to specifications or are defective.
ADJAMEE will refund, replace, or repair Products under warranty that are deemed nonconforming or defective. Return shipping costs will be reimbursed upon presentation of supporting documentation. The refund will be issued as soon as possible via a credit to the Customer’s bank account or by check mailed to the Customer.
ADJAMEE shall not be held liable in the following cases:
failure to comply with the laws of the country to which the products are shipped, which the Customer is responsible for verifying,
in the event of misuse, use for commercial purposes, negligence, or failure to maintain the Product on the part of the Customer, as well as in the event of normal wear and tear of the Product, an accident, or force majeure.
11. INTELLECTUAL PROPERTY
All elements and content on the www.adjamee.comwebsite are and remain the property of ADJAMEE and are protected by French and international intellectual property laws. Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an act of infringement. Furthermore, ADJAMEE remains the sole owner of all intellectual property rights in the photographs, presentations, drawings, and designs created for the purpose of selling the Products to the Customer.
12. DATA PROTECTION
Pursuant to Law No. 78-17 of January 6, 1978, please be advised that the personal data requested from the Customer is necessary for processing the order and issuing invoices, among other purposes. This data may be shared with ADJAMEE’s partners responsible for the fulfillment, processing, management, and payment of orders. The processing of information provided through the Website has been declared to the CNIL.
The Customer has the right, at any time, to access, correct, and object to the use of all of their personal data by writing—either by mail or email—and providing proof of their identity to ADJAMEE, whose contact information is provided in Article 1.
13. DISPUTE RESOLUTION
These Terms and Conditions and the transactions arising therefrom are governed by and subject to French law. They are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
The Customer is hereby informed that, in the event of a dispute, he or she may, in any case, seek recourse to contractual mediation—in particular through the Consumer Mediation Commission (Art. L.534-7 of the Consumer Code)—or through existing sector-specific mediation bodies, or to any alternative dispute resolution method (such as conciliation).
APPENDIX – WITHDRAWAL FORM
(to be sent by mail or email)
Send an email to contact@adjamee.com to receive the form in PDF format.
Attn: ADJAMEE: 14 rue Duc - 75018 Paris
I hereby notify you of my withdrawal from the contract for the following Products:
Product in question (complete part numbers): _______________________
Ordered on (Date): ___________________________________
Order number: ___________________________________
Client Name: ____________________________________
Customer's address: ____________________________________