COMMERCIAL TERMS AND CONDITIONS
The following Terms and Conditions apply to any purchase carried out by an internet user / natural person (hereinafter the « CUSTOMER » ) through the website www.zazofficial.com (hereinafter the « WEBSITE ») from the limited company HELIXEO registered at the Paris Register of Businesses and Companies under number 491 010 260 0002, which head office is located at 12 rue du Beauvoyer, 78200 PERDREAUVILLE (hereinafter the « SELLER »).
Any order placed on the WEBSITE necessarily implies the CUSTOMER’s acceptance without reservation of all the Terms and Conditions.
ARTICLE 1 - DEFINITIONS
The terms set out below have the following meaning in these Terms and Conditions:
- « CUSTOMER » : refers to the SELLER’s co-contractor, who guarantees to have the capacity of consumer as defined by law and French jurisprudence. As such, it is expressly agreed that the CUSTOMER is not engaged in a regular or commercial activity.
- « DELIVERY » : refers to the initial presentation of the goods ordered by the CUSTOMER at the delivery address provided when placing the order.
- « PRODUCTS » : refers to all products available on the WEBSITE.
- « TERRITORY » : refers to the entire WORLD.
ARTICLE 2 - PURPOSE
The following Terms and Conditions regulate the sale of PRODUCTS to CUSTOMERS by the SELLER. The CUSTOMER is clearly informed and acknowledges that the WEBSITE addresses the consumers and that professionals must contact the SELLER’s Commercial Service in order to qualify for separate contractual conditions.
ARTICLE 3 - ACCEPTANCE OF THE TERMS AND CONDITIONS
The CUSTOMER agrees to read carefully and to accept the following Terms and Conditions before proceeding with the final payment of a PRODUCTS’ order through the WEBSITE. These Terms and Conditions are referenced by means of a link through footnotes and must be consulted before placing an order. The CUSTOMER is invited to carefully read, download, print and save a copy theses Terms and Conditions. The SELLER advises the CUSTOMER to read the Terms and Conditions each time he places a new order. The latest version of the latter applies to every new PRODUCTS’ order. By clicking on the first button to place the order then on the second one to confirm the latter, the CUSTOMER acknowledges that he has read, understood and accepted the Terms and Conditions without limitation or condition.
ARTICLE 4 - PRODUCT PURCHASE THROUGH THE WEBSITE
In order to be able to buy a PRODUCT, the CUSTOMER should be at least 18 and have the legal capacity for it. If minor, the CUSTOMER should be able to justify the agreement of his/her legal representatives.
The CUSTOMER will be asked to provide information allowing his/her identification by filling the form available on the WEBSITE. The sign (*) indicates the mandatory fields which have to be filled for the order to be processed by the SELLER. The CUSTOMER can check his/her order’s status and can track DELIVERIES if need be by using the online tracking tools of some delivery companies. The CUSTOMER can also contact the SELLER’s commercial service by email to ask about the status of his/her order any time to the following address : firstname.lastname@example.org.
The information supplied by the CUSTOMER to the SELLER must be complete, correct and updated. The SELLER retains the right to ask to the CUSTOMER to confirm, by any appropriate means, his/her identity, eligibility and information provided.
ARTICLE 5 - ORDERS
- Article 5.1 PRODUCTS Characteristics
The SELLER endeavours to present as clearly as possible the main characteristics of the PRODUCTS (on fact sheets available on the WEBSITE) and the mandatory information the CUSTOMER has to receive under the applicable law (in the Terms and Conditions). The CUSTOMER agrees to read carefully this information before proceeding with an order on the WEBSITE. The SELLER retains the right to modify the selection of the PRODUCTS available on the WEBSITE, notably due to constraints linked to suppliers. Unless otherwise expressly stated on the WEBSITE, any PRODUCT sold by the SELLER is new and complies with the current European legislation and applicable standards in France.
- Article 5.2. Ordering process
PRODUCTS’ orders are directly placed through the WEBSITE. To place an order, the CUSTOMER has to follow the steps as described below (please be advised that depending on the CUSTOMER’s opening page, the steps may slightly differ).
5.2.1. PRODUCTS selection and purchasing options
The CUSTOMER will have to select the PRODUCT(S) of his/her choice by clicking on the in-scope PRODUCT(S) and by choosing the desired characteristics and quantities. Once a PRODUCT has been selected, it is placed in the CUSTOMER’s cart. The latter can then add as many PRODUCTS as he/she wants to his cart.
Once PRODUCTS have been selected and placed in the cart, the CUSTOMER has to click on the cart and check if the content of the order is correct. If the CUSTOMER has not done it yet, he/she will be invited to sign in or to subscribe. Once the CUSTOMER will have approved the content of his/her cart and will have signed in/subscribed, an online form will appear in its intent, it will automatically be filled and will recapitulate the price, the applicable taxes and, as the case may be, delivery costs. The CUSTOMER is asked to verify the content of the order (including the quantity, the characteristics, the references of the PRODUCTS ordered, the billing address, the means of payment and the price) before approving the content. The CUSTOMER can then proceed to the payment of the PRODUCTS following the instructions displayed on the WEBSITE and give all information necessary for the billing and the delivery of the PRODUCTS. Regarding PRODUCTS for which options are available, specific references show when the right options have been selected. The orders placed must contain all the information necessary for the correct processing of the order. The CUSTOMER also has to select the delivery method.
5.2.3. Acknowledgements of receipt
Once all the steps described above are completed, a page appears on the WEBSITE in order to acknowledge the receipt of the order of the CUSTOMER. A copy of the acknowledgement of receipt is automatically addressed to the CUSTOMER by email as long as the email address provided when filling the subscription form is correct. The SELLER does not send any confirmation of order by mail or by telefax.
During the ordering process, the CUSTOMER will have to enter the required invoicing information the sign (*) will indicate the mandatory fields that the CUSTOMER has to fill for his/her order to be processed by the SELLER. The CUSTOMER has to clearly indicate the information related to the delivery, in particular the exact address of delivery as well as any access code to the delivery address. The CUSTOMER will then have to specify the chosen payment method. Nor the order form established online by the CUSTOMER, nor the acknowledgement of order sent by email by the SELLER to the CUSTOMER constitute a sales receipt. Whatever the method of payment method used, the CUSTOMER will receive the original sales receipt inside the package.
- 5.3. Order date
The order date is the day on which the SELLER acknowledges receipt of the order online. The given time limits will only start running from this day.
- 5.4. Price
For all the PRODUCTS, the CUSTOMER will find on the WEBSITE the displayed prices, inclusive of all taxes, as well as the applicable delivery costs (according to the package’s weight, exclusive of packaging and gifts, the delivery address, the carrier and the transport method chosen).
Prices include the value added tax at the current rate at the time of the order. Any modification of the applicable rate can impact on the price of the PRODUCTS starting from the date of entry into force of the new rate.
The applicable value added tax rate is expressed in percentage of the value of the PRODUCT sold. SUPPLIERS’ prices can potentially be modified. Consequently, prices indicated on the WEBSITE can change. They can also be modified in case of special sales or offers. Errors excepted, prices indicated are valid. The applicable price is indicated on the WEBSITE the day the order has been placed by the CUSTOMER.
- 5.5 Product availability
According to the PRODUCT selected, the SELLER applies a just in time stock management. Consequently, the PRODUCTS availability depends on the stocks of the SELLER. The SELLER binds to accept all the orders received as soon as the PRODUCTS are available.
The unavailability of a PRODUCT is a principle indicated on the PRODUCT’s page. CUSTOMERS can also be informed of the restocking of a PRODUCT by the SELLER. At all events, if the unavailability of a PRODUCT has not been indicated when placing the order, the SELLER undertakes to inform the CUSTOMER forthwith on the restocking of the PRODUCT. At the CUSTOMER’s request, the SELLER can:
- Either propose to send all the PRODUCTS at the same time as soon as stock-outs are available again;
- Or proceed to a partial sending of the PRODUCTS available in a first time and then to the sending of the rest of the order when the other PRODUCTS will be available as long as a clear information is provided regarding the additional transport costs that may be incurred;
- 1 Or propose an alternative PRODUCT of similar price and quality accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his/her order of unavailable PRODUCTS, he/she will obtain the reimbursement of any amount paid for the unavailable PRODUCTS within thirty (30) days of payment.
ARTICLE 6 - RIGHT OF WITHDRAWAL
- 6.1 Principle of withdrawal
The CUSTOMER has on principle the right to return or to restore the PRODUCT to the SELLER or to an individual designated by the latter, without undue delay, and within fourteen (14) days after being notified of his/her decision to withdraw.
- 6.2 Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day the CUSTOMER, or a third party other than the carrier and indicated by the CUSTOMER, takes physically possession of the PRODUCT. In situations where the CUSTOMER has ordered several PRODUCTS leading to several deliveries (or one PRODUCT to be delivered in several lots), the withdrawal period will expire fourteen (14) calendar days after the day the CUSTOMER, or a third party other than the carrier and indicated by the CUSTOMER, takes physically possession of the PRODUCT delivered last.
- 6.3 Notification of withdrawal
In order to exercise his/her right of withdrawal, the CUSTOMER has to notify HELIXO – 12 rue du Beauvoyer, 78 200 PERDREAUVILLE, France or by email email@example.com of his/her decision to withdraw of the present contract.
In order to meet with the withdrawal deadlines, the CUSTOMER has to submit his/her communication concerning the exercise of his/her right of withdrawal before the end of the withdrawal period.
- 6.4 Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER commits to reimburse the total amount paid for the goods with no delivery costs and, in all events, within fourteen (14) days from the day on which the SELLER is informed of the CUSTOMER’s wish to withdraw if the good has not been sent yet, or from the day on which the SELLER receives the returned goods.
The SELLER will proceed to the reimbursement using the same payment method than the CUSTOMER has used for the initial transaction, except if the CUSTOMER expressively agrees on a different payment method, in all events, this reimbursement will not generate costs for the CUSTOMER. The SELLER can withhold the reimbursement until the reception of the good or until the CUSTOMER provides an evidence of having sent back the good, whichever of the two is the earliest.
- 6.5 Return procedures
The CUSTOMER will have to send back the good, without undue delay, in all events and within fourteen (14) days after the communication of its decision to withdraw from the present contract, to HELIXO costumer service – 12 rue du Beauvoyer, 78 200 PERDREAUVILLE, France. This delay has been complied with, if the CUSTOMER sends back the good before the end of the fourteen (14) days withdrawal period.
- 6.6 Return costs
The CUSTOMER should cover the direct return costs of the good.
- 6.7 Condition of the returned good
The PRODUCT should be returned according to the instructions of the SELLER and should include all the accessories delivered. The CUSTOMER will only be liable with respect to the diminished value of the good resulting from the handling other than what is necessary to ascertain the nature and functioning of the good. In other words, the COSTUMER has the possibility to try the PRODUCT but he/she may find himself/herself liable if he/she proceeds to handling other than what is necessary.
- 6.8 Packaging
PRODUCTS are packaged in accordance with the current transport standards in order to guarantee the maximum protection of the PRODUCTS during the delivery. The CUSTOMERS should respect the same standards when returning the PRODUCTS. As such, the CUSTOMER should return the PRODUCT that does not suit him/her in its original packaging and in good condition for re-marketing.
- 6.9 Exclusions of the right of withdrawal
The right of withdrawal is excluded in the following cases:
- The supply of goods made to the CUSTOMER’s specifications or clearly personalized;
- The supply of goods which are likely to deteriorate or expire rapidly;
- The supply of audio and video recordings or sealed computer software which were unsealed after the delivery;
- The supply of goods which, because of their nature, are inseparably mixed with other items;
- The supply of sealed goods which cannot be returned for reasons of health and hygiene and which were unsealed by the CUSTOMER after the delivery;
- The supply of a digital content which was not provided unmaterialized if the execution has started with the explicit prior consent of consumer, the latter having acknowledged the loss of its right of withdrawal.
ARTICLE 7 - PAYMENT
- 7.1. Payment methods
The CUSTOMER can pay his/her PRODUCTS online on the WEBSITE by the means proposed by the SELLER. The CUSTOMER guarantees the SELLER he/she holds all the appropriate authorizations to use the chosen payment method. The SELLER will take all the necessary measures to ensure the safety and the confidentiality of the data submitted online as part of the online payment on the WEBSITE. In this respect, it is noted that all information provided related to the payment on the WEBSITE are not treated on the WEBSITE.
- 7.2. Payment date
In case of a one-time payment by credit card, the account of the CUSTOMER will be charged as soon as the order of PRODUCTS is placed through the WEBSITE. In case of partial delivery, the total amount will be charged on the account of the CUSTOMER as soon as the order is placed through the WEBSITE. If the CUSTOMER decides to cancel its order of unavailable PRODUCTS, the reimbursement will be made in accordance with the last paragraph of article 5.5 of the present Terms and Conditions.
- 7.3. Delays of payment or non-payment
If the bank refuses to charge a card or another payment method, the CUSTOMER should contact the Customer Service of the SELLER in order to select any other valid payment method to pay the order. In the event that, for whatever reasons: opposition, refusal or other, the transmission of the money flows payable by the CUSTOMER is impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 8 - PROOF AND STORAGE
Any contract with the CUSTOMER corresponding to an order for more than 120 euros included all taxes will be stored by the SELLER for ten (10) years in accordance with article L. 134-2 of the French Consumer Code. The SELLER agrees to store this information in order to ensure the tracking of the transactions and to produce a copy of the contract at the CUSTOMER’s request. In case of dispute, the SELLER will be able to prove that his/her electronic tracking system is reliable and guarantees the integrity of the transaction.
ARTICLE 9 - OWNERSHIP TRANSFER
The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CUSTOMER. The above provisions do not prevent the transfer to the CUSTOMER, from the delivery to the CUSTOMER, or any third party indicated by the CUSTOMER, of the risks of loss and deterioration of the PRODUCTS subjected to the reservation of ownership, as well as the risks of deterioration that they may cause.
ARTICLE 10 - DELIVERY
- 10.1 Delivery area
The PRODUCTS offered can be delivered worldwide. The delivery period and costs are inherent to the place of destination. The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER has provided during the ordering process.
- 10.2 Delivery time
The delays to prepare an order and then to invoice it, before the sending of the PRODUCTS in stock, are mentioned on the WEBSITE (on date, one delivery is scheduled per week). These delays shall be excluding weekends and national holidays.
- 10.3 Delays and Delivery Costs
During the ordering process, the SELLER indicates to the CUSTOMER the possible delays and shipping patterns for the PRODUCTS bought. The shipping costs are calculated according to the delivery method. The amount of these costs shall be paid by the CUSTOMER over the price of the PRODUCTS bought. The delays and delivery costs details are to be found on the WEBSITE.
- 10.4 Delivery conditions
The package will be issued to the CUSTOMER against signature and upon presentation of an identity document. In the event of absence, a transit advice note will be left for the CUSTOMER to enable him/her to pick up its package in his/her Post Office.
- 10.5 Delivery issues
The CUSTOMER is informed on the delivery day when he/she chooses a carrier, at the end of the online ordering process, just before confirming the order. It should be noted that deliveries will be carried out within thirty (30) days maximum. By default, the CUSTOMER should make a demand to the SELLER to deliver in a timely manner and in the event of non-delivery, can terminate the contract. The SELLER will reimburse to the CUSTOMER the total amount paid for the PRODUCTS, including all taxes and delivery costs, by means of the same payment method used by the CUSTOMER to buy the PRODUCTS, without undue delays from the day of the receipt of the letter terminating the contract. It is recalled that the CUSTOMER has three (3) days to report any damage or partial loss observed at the time of delivery.
ARTICLE 11 - GUARANTEES
- 11.1. Conformity guarantee
The SELLER has to deliver a compliant PRODUCT that is appropriate for the use normally expected for it and corresponding to the description given by the WEBSITE. This conformity also implies that the PRODUCT should have the qualities a purchaser might legitimately expect in view of public statements made by the SELLER including advertising campaigns and commercial labels. In this context, the SELLER is liable for any lack of conformity which exits at the time of delivery or resulting from packaging, instructions for assembly or installation when these have been made his/her responsibility or have been produced under his/her responsibility. In the event of a lack of conformity, the CUSTOMER shall choose to ask for the replacement or the repair of the PRODUCT. However, if this choice involves a manifestly disproportionate cost in relation with the other possible option, given the value of the PRODUCT or the significance of the lack of conformity, the SELLER could proceed to the reimbursement without following the choice of the COSTUMER.
In the event the replacement or repair is impossible, the SELLER agrees to return the price of the PRODUCT within thirty (30) days from receipt of the returned PRODUCT and in exchange of the return of the PRODUCT by the CUSTOMER at the following address: HELIXEO – service clients – 12 rue du Beauvoyer, 78 200 PERDREAUVILLE, France.
- 11.2. Hidden defects guarantee
The SELLER is bound to a warranty on account of the latent defects of the PRODUCT sold which render it unfit for the use for which it was intended, or which so impair that use that the CUSTOMER would not have acquired it, or would only have given a lesser price for it, had he known them. This guarantee allows the CUSTOMER to prove the existence of hidden defects and to choose between the reimbursement of the price of the PRODUCT if it is returned or the partial reimbursement of its price if the PRODUCT is not returned. In the event the replacement or repair is impossible, the SELLER agrees to return the price of the PRODUCT within thirty (30) days from receipt of the returned PRODUCT and in exchange of the return of the PRODUCT by the CUSTOMER at the following address: HELIXEO – service clients – 12 rue du Beauvoyer, 78 200 PERDREAUVILLE, France. The action resulting from hidden defects must be brought by the CUSTOMER within a period of two (2) years following the discovery of the vice.
ARTICLE 12 - RESPONSIBILITY
The SELLER shall in no case be responsible in the event of non-performance or inadequate performance of any contractual obligations attributable to the CUSTOMER, including when entering information regarding his/her order.
The SELLER shall not be responsible or considered as having failed in the present conditions for any delay or non-execution, when the cause of the delay or the non-execution is liable to a case of absolute necessity as recognized by the French Jurisprudence and the French courts of Law. It is also stated that the SELLER does not control the websites which are directly or indirectly linked to the WEBSITE. Consequently, the SELLER assumes no responsibility for the information published. The links to third-party websites are only provided on an indicative basis and no guarantee is given regarding their content.
ARTICLE 13 - PERSONAL DATA
The SELLER collects personal data on the WEBSITE regarding CUSTOMERS, including through cookies. The CUSTOMERS can deactivate cookies by following the instructions given by their browser.
Data collected by the SELLER are used to proceed with the orders placed through the WEBSITE, to manage the CUSTOMER’s account, to analyse the orders and, if the CUSTOMER has chosen this option, to send commercial prospection mails, newsletters, promotional offers or/and information about special sales, except if the CUSTOMER does not want to receive such communications from the SELLER any more. CUSTOMER data is kept confidential by the SELLER as stipulated on his/her declaration to the National Commission for Data Protection and Liberties, for the purposes of the contract, of its execution and in accordance with the law. CUSTOMERS can unsubscribe any time by accessing to their account or by clicking on the hyperlink provided for that purpose at the bottom of each offer received by email. Data may be communicated, in full or in part, to the service providers of the SELLER involved in the process. To a commercial allocation, the SELLER can transfer to his commercial partners the names and contacts of the CUSTOMERS, provided that the CUSTOMERS have given their prior agreement at the time of registration on the WEBSITE. The SELLER will explicitly ask to the CUSTOMER if they agree to let their personal data be disclosed. The CUSTOMERS will be able to change their minds any time on the WEBSITE or by contacting the SELLER. The SELLER can also ask to his/her CUSTOMERS if they want to receive commercial solicitations from his/her partners. In compliance with the stipulations of Law No 78-17 of 6 January 1978, referred to as the « Law on Information Technology and Civil Liberties », the CUSTOMER has the right to access, modify, amend (on legitimate grounds) or delete his personal data. He can exercise this right by addressing an email at firstname.lastname@example.org or by mail at HELIXEO – Customer Service – 12 rue du Beauvoyer 78 200 PERDREAUVILLE, France. It is stated that the CUSTOMER has to prove his identity either by scanning his identity document or by sending a copy of his identity document to the SELLER.
ARTICLE 14 - COMPLAINTS
The SELLER provides the CUSTOMER with a « Customer Phone Service » at 00 33 (0)9 51 40 28 02 (no additional charge). Any written complaints from the CUSTOMER should be mailed to the following address: HELIXEO – Customer Service– 12 rue du Beauvoyer, 78 200 PERDREAUVILLE, France.
ARTICLE 15 - COPYRIGHT
All visual and audio elements, including the underlying technology, on the WEBSITE are protected by copyright, trademarks and patents. These elements are the exclusive property of the SELLER. Any individual who edits a website and wishes to create a direct hyperlink to the WEBSITE should ask permission to the SELLER in writing. In any case, this permission shall not be granted definitively. The hyperlink should be deleted at the SELLER’s request. Hyperlinks to the WEBSITE which use techniques such as framing or in-line linking are strictly forbidden.
ARTICLE 16 - VALIDITY OF TERMS AND CONDITIONS
Any change in the legislation or regulations applicable, or any decision of a competent court invalidating one or several clauses of the present Terms and Conditions shall not affect the validity of the present Terms and Conditions. In any case, such change or decision shall not allow the CUSTOMER to ignore the present Terms and Conditions. Any condition not expressly dealt with in the present Terms and Conditions shall be governed in accordance with the use of the trade sector to the individuals, for companies headquartered in France.
ARTICLE 17 - MODIFICATIONS TO THE GENERAL CONDITIONS
The present General Conditions of Use apply to all sales purchased online through the WEBSITE, as long as the WEBSITE is available online. The General Conditions are accurately dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those enforced on the date of the order. The amendments made to the General Conditions will not apply to products that have already been purchased.
ARTICLE 18 - COMPETENCY AND APPLICABLE RIGHTS
The present General Conditions of Use as well as the relationships between the CUSTOMER and the SELLER are governed by the French law. In the event of a dispute, only French courts shall have competence.
Nevertheless, prior to any action being taken to the arbitral tribunal or to the State judge, negotiation will be preferred in a spirit of loyalty and good faith in order to come to an amicable agreement on the occurrence of any conflict related to the present contract, even regarding its validity. The party wishing to implement the negotiation process shall inform the other party by registered letter with an acknowledgement of receipt indicating all components of the conflict. If, by the end of a fifteen (15) days period, the parties are unable to settle their collective agreements, the dispute will be referred to the court of competent jurisdiction, namely the Versailles Commercial Court. During all of the negotiation process until its final outcome, both parties are prohibited to take any legal action against each other and for the conflict subject of the negations. By way of exception, the parties are allowed to apply to the summary jurisdiction or to request the entry of an order on request. An eventual action before the summary jurisdiction or the entry of an order on request do not lead to any waiver of the amicable agreement clause, except when otherwise explicitly expressed.