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Article 1 – GENERAL PROVISIONS:
These General Terms and Conditions of Sale (“GTC”) determine the rights and obligations of the parties in the context of online product sales offered on the website zinellodesign.com (hereinafter referred to as “the site”) by the company PNJ (hereinafter referred to as “the supplier”).
Any Order placed on the site implies the prior acceptance of these GTC, including the terms, conditions, and additional policies referred to herein and/or accessible by hyperlink. These conditions are subject to French law. Therefore, these GTC are an integral part of the agreement between the Customer and the supplier. They are fully binding on the Customer, who declares having read and accepted them without restriction or reservation before placing the Order. If you do not accept all the terms and conditions of this agreement, you should not access the website or use the services offered.
These GTC apply to any Order placed by an individual acting as a consumer who acknowledges having full capacity to commit when placing an Order and to provide, if necessary, proof of identity and age.
Persons acting as professionals in the course of their commercial, industrial, artisanal, liberal, or agricultural activity, including if they act on behalf of another professional, are expressly excluded from the scope of these GTC.
All new features and tools that will be added to this site in the future will also be subject to these GTC. We reserve the right to update, change, or replace any part of these GTC by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any modifications have been made. Your continued use of the website or your access to it after the publication of any modification constitutes your acceptance of these changes.
Our shop is hosted on O2Switch and uses the Woocommerce platform for WordPress.
Article 2 – ONLINE CONTRACTING (Articles 1369-4 and 1125 to 1127 of the Civil Code):
The sales contract between the buyer and the seller is concluded when the latter validates his order at the end of the product selection process.
To purchase one or more products on the site, the Customer selects each product and adds it to their cart. Once the selection is complete, they must confirm their cart to proceed with the Order (first click).
At this stage, the Customer is redirected to a page containing a summary of the selected products, corresponding prices, delivery terms, and costs. It is then their responsibility to check and possibly correct the contents of their cart. They must read these GTC carefully before validating the entire Order.
This validation of the Order after checking the cart and reading the GTC (second click) constitutes the conclusion of the Contract, and the Customer acknowledges that the second click entails an obligation to pay on their part.
The Customer is then redirected to the payment page. They can choose from the various payment methods offered and proceed with the payment of their Order.
After validating their Order and making the payment, the Customer receives a confirmation message from the supplier at the email address provided to create their account. This message contains, in PDF format:
In case of non-reception of the Order confirmation, it is recommended that the Customer contact the supplier via the contact form on the site.
The Customer then receives an electronic purchase invoice, which the Customer expressly accepts.
It is advisable for the Customer to keep this confirmation message and the purchase invoice, which is also transmitted in electronic format, as these documents can be produced as evidence of the Contract.
The supplier reserves the right to refuse any Order for any legitimate reason, including, for example:
Article 3 – INFORMATION ON PRODUCT CHARACTERISTICS AND AVAILABILITY:
The Customer is informed in French on the site about the essential characteristics of the goods and their prices, as well as the conditions of use of the product.
The customer acknowledges that the illustrations, videos, or photos of the products presented for sale have no contractual value.
The validity period of the sales terms and the availability of products are specified on the website.
Products are available within the limits of supplier stocks. This product availability is normally indicated on the specific product page.
In the event that a product becomes unavailable after the Order is validated, the supplier informs the Customer immediately by email. Their Order is automatically canceled, and the supplier refunds the full amount paid.
However, if the Order contains other products than the one that has become unavailable, those will be delivered to the Customer, and delivery costs will not be refunded.
Article 4 – PRODUCT PRICES:
The price mentioned on the site at the time of Order validation is the one applied.
It can be changed at any time and without notice.
It does not include shipping, transportation, and delivery costs of the products to the delivery address.
VAT – CUSTOMS DUTIES AND SIMILAR:
As the products ordered by Customers are imported from third countries to the European Union and the sale is made under the “departure delivery” conditions, their price is indicated in Euros excluding VAT and customs duties.
The price of the products does not include import VAT, import taxes, or customs duties, which must be paid additionally and are the responsibility of the Customer.
The Customer is solely responsible for import VAT when clearing the product, and they may be asked to pay import VAT.
For all products shipped from a country outside the European Union, customs duties or other taxes or duties may be due, which are the responsibility of the Customer.
Indeed, when making a purchase, the Customer is the importer of the purchased product in their capacity as the recipient of the product.
They are therefore particularly responsible for the import and customs clearance processes of the product with local customs offices. Depending on the value of their order, they may be asked to pay customs duties (for products with a customs value exceeding €150).
The Customer is solely responsible for customs duties when clearing the product as the actual recipient of the goods. These customs duties, which are not invoiced to the Customer by the supplier, are not the responsibility of the supplier. Therefore, the supplier cannot be held responsible for the reimbursement of these duties.
The Customer is advised to inquire about these aspects from the relevant tax and customs authorities before placing an order.
Article 5 – PAYMENT TERMS:
Payment for the Order is made in cash after validation of the Order.
Several payment methods are offered to the Customer:
Payments by credit card are made through a secure payment platform, and information on credit cards provided benefits from the SSL encryption process.
Payment via Paypal up to one thousand Euros (€1,000). It is emphasized that in the case of using this payment method, the General Terms of Use of Paypal are added to these GTC.
Payment by vouchers and/or promo codes: Vouchers and/or promotional codes issued by the supplier can be used to pay all or part of the Order. In case of an attempt of fraudulent use of vouchers and/or promotional codes, the supplier may proceed with the outright cancellation of the Order.
In case of refusal of payment by officially accredited organizations or in case of non-payment of the Order, the supplier reserves the right to cancel said Order.
The supplier reserves the right to suspend any of the payment methods at any time, especially if a payment service provider no longer offers its services.
The supplier reserves the right to ensure that no one illegally uses a third party’s credit card without their knowledge. For this purpose, they may ask the Customer for a copy of their ID, proof of residence, and a copy of the credit card used for payment while respecting data confidentiality. The order will be validated only after receiving and verifying the documents sent.
Article 6 – DELIVERY:
Before validating the Order, the supplier provides the Customer with information about the different delivery methods as well as their cost and respective deadlines.
The supplier makes every effort to ensure that the product(s) is/are delivered on the scheduled delivery date. In case of difficulty, the supplier undertakes to quickly communicate with the Customer to inform them and seek an adequate solution.
Delivery costs are borne by the Customer and are included in the price requested when placing the Order.
Delivery is made, at the choice of the Customer, either to the address mentioned by them during the order or, if applicable, to a relay point chosen by the Customer from the list of points offered. The supplier cannot be held at fault in case of delay or delivery failure attributable to incomplete or incorrect information provided by the Customer.
Upon receipt of the product, the Customer undertakes to check that it is complete and not damaged.
In case of anomaly, the Customer must contact the supplier within three days (excluding public holidays) following the product’s reception date.
Article 7 – LEGAL WARRANTIES:
The supplier is responsible for the lack of conformity of the good in accordance with the provisions of articles L.217-4 and following of the Consumer Code, as well as hidden defects in accordance with articles 1641 and following of the Civil Code.
When acting within the framework of the legal conformity warranty (as provided for by articles L.217-4 and following of the Consumer Code), the Customer:
The Customer can also decide to act within the framework of the legal warranty against hidden defects within the meaning of article 1641 of the Civil Code; the Customer can choose between canceling the sale or a reduction in the price, in accordance with article 1644 of the Civil Code.
These legal warranties apply independently of any contractual warranty.
Reproduction of applicable texts:
L.217-4 Consumer Code:
“The seller delivers a good in conformity with the contract and is liable for defects of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions, or installation when the latter has been made his responsibility by the contract or carried out under his responsibility.”
L.217-5 Consumer Code:
“The good is in conformity with the contract:
1° If it is suitable for the customary use of a similar good and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller, and accepted by the latter.”
L.217-9 Consumer Code:
“In the event of a lack of conformity, the buyer chooses between repairing and replacing the good. However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost compared to the other modality, given the value of the good or the importance of the defect. He is then required to proceed, unless impossible, according to the modality not chosen by the buyer.”
L.217-12 Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
1641 of the Civil Code:
“The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use to such an extent that the buyer would not have acquired it, or would have given it a lesser price, if he had known them.”
1648 of the Civil Code:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Article 8 – RIGHT OF WITHDRAWAL (Law No. 2014-344 of March 17, 2014 on Consumer Rights):
In accordance with Article L 121-20 of the Consumer Code, the Customer has the right to freely withdraw within a period of fourteen (14) calendar days from the date of receiving their Order. In the case of ordering multiple products, the period starts from the reception of the last product.
If the right of withdrawal is exercised within the aforementioned period, the price of the purchased product(s) and shipping costs will be refunded, with the return costs remaining the responsibility of the Customer.
To exercise the right of withdrawal, the Customer must inform the supplier by sending an unambiguous declaration expressing their intention to withdraw within the 14-day period, indicating the product’s name and references, the date of the order and product reception, the order number, the Customer’s number and address, and, if sent on paper, the Customer’s signature.
The request must be sent to the supplier by postal or electronic means to the addresses specified in the “legal notice” and/or “contact” section of the website.
The Customer has 14 days from sending the withdrawal notification to return the product to the supplier in its original packaging, with return costs borne exclusively by the Customer.
Products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) to enable resale by the supplier. In case of receiving opened, used, incomplete, damaged, or soiled products, the supplier will not issue any refund and may, if deemed necessary and appropriate, hold the Customer responsible for product depreciation.
The supplier will refund the Customer within 14 days from the date of knowledge of the exercise of the right of withdrawal. However, the refund may be made only upon receipt of the returned product if received later.
This refund will be made using the same payment method used by the Customer to pay for the Order, unless the Customer expressly agrees to another payment method.
Article 9 – INTELLECTUAL PROPERTY RIGHTS:
Unless otherwise stated on the product page, the sale of products on the site does not entail any transfer of intellectual property rights to the products sold.
Trademarks, domain names, products, software, images, videos, texts, or any information subject to intellectual property rights are and remain the exclusive property of the supplier or their original owner. No transfer of intellectual property rights is made through these General Terms and Conditions (GTC).
Article 10 – FORCE MAJEURE:
The supplier cannot be held responsible for the non-performance of its obligations under these terms in the event of an unforeseeable circumstance or force majeure preventing its execution. The supplier will inform the customer of the occurrence of such an event as soon as possible.
Article 11 – DISCLAIMER OF LIABILITY:
Notwithstanding any contrary provisions in these terms, the supplier cannot be held liable for losses or damages due to the inappropriate use of the product(s) by the Customer, including any modification or alteration of the product(s) not authorized by the supplier.
Article 12 – ACCOUNT SUSPENSION – TERMINATION:
The supplier reserves the right to suspend or terminate the account of a Customer who violates the provisions of the GTC or, in general, applicable legal provisions, without prejudice to any damages that the supplier may seek.
Any person whose account has been suspended or closed may not order again or create a new account on the site without the prior authorization of the supplier.
Article 13 – ARCHIVING – PROOF:
Unless proven otherwise, the information recorded by the supplier constitutes proof of all transactions.
For each Order, the Order summary is sent by email to the Customer and archived on the supplier’s website.
The archiving of communications between the supplier and the Customer is carried out on computerized records that are kept for 5 years under reasonable security conditions. These records, on which exchanges on a reliable and durable medium are recorded, are considered as evidence of communications, orders, payments, and transactions between the Customer and the supplier. They can be produced as evidence of the Contract.
The archiving of communications, the order, order details, and invoices is carried out on a reliable and durable medium to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as evidence of the contract.
The Customer will have access to the archived elements upon simple request to the email address listed in the “legal notice” or “contact” section of the site.
Article 14 – NULLITY AND MODIFICATION OF GTC:
If any provision of these GTC is null, it will be deemed unwritten, but will not result in the nullity of all contractual provisions.
Any tolerance on the part of the supplier, in the application of all or part of the commitments made under these GTC, regardless of the frequency and duration, shall not be deemed a modification of the GTC or generate any right for the Customer.
Article 15 – APPLICABLE LAW AND DISPUTE RESOLUTION:
These GTC are subject to French law.
In the event of any difficulty, Customer Service is available to find an amicable solution.
In the absence of a solution directly found with Customer Service, the European Commission has set up an online dispute resolution platform to collect potential consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the link: http://ec.europa.eu/consumers/odr/main.