Article 1: GENERAL PROVISIONS
These general conditions of sale (hereinafter "GTC") constitute a distance selling contract, defining the rights and obligations of the company ZOANTHUS - EURL with a capital of 1,000 €, whose registered office is 11 bis rue Buffon 42100 SAINT-ETIENNE France, registered with the RCS of SAINT-ETIENNE under number 824 583 520, VAT number FR21824583520 (hereinafter referred to as “ZOANTHUS”) – and of the customer in the context of the sale of the products referenced on the websitehttps://www.zoanthus.fr/en/.
The GCS are concluded between ZOANTHUS and any person wishing to make a purchase, hereinafter referred to as the "Customer", via the websitehttps://www.zoanthus.fr/en/Hereinafter referred to as the "Site".
Customers are exclusively consumers, defined as natural persons acting for purposes that do not fall within the scope of a commercial, industrial, craft, liberal or agricultural activity.
The fact that one of the parties does not take advantage at a given moment of one of the GCS cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date. The cancellation of a clause of the T&Cs will not affect the validity of the T&Cs as a whole.
Sales and orders of products placed by Customers on the Site are governed by these GCS, to the exclusion of all other documents, catalogs, documentation issued by ZOANTHUS (with the exception of the general conditions of use (hereinafter "CGU") and Legal Notices of the Site), which are communicated for information purposes only and have only an indicative value.
Consequently, the fact of placing an order on the Site implies the acceptance by the Customer of the GCS. Similarly, the Customer undertakes, during each of his visits to the Site, to respect the GCS.
The T&Cs may be modified at any time and without notice by ZOANTHUS, the modifications then being applicable to all orders subsequent to this modification. ZOANTHUS may occasionally modify certain provisions of the T&Cs, so the Customer is advised to reread them before each order validation and to stop using the Site in the event of disagreement with the T&Cs in force.
For any question or complaint relating to the products, the order to personal data, the right of withdrawal, the place of recovery of waste or the application of the product guarantee, the Customer can contact ZOANTHUS at the following coordinates:
By mail: 11 bis rue Buffon 42100 SAINT-ETIENNE France
By phone: 04.82.28.31.44
By email: https://www.zoanthus.fr/en/contact-us
Article 2: THE PRODUCTS
2.1 Characteristics of the products
The entire content of the Site (illustrations, texts, labels, brands, images, videos) is the property of ZOANTHUS. Any full or partial reproduction of this site is prohibited, unless ZOANTHUS gives its express and prior authorization. The ZOANTHUS company does not authorize the creation of hypertext links without express and prior agreement.
The products offered for sale by ZOANTHUS are presented and detailed in such a way that any Customer is able to know the essential characteristics of the products he would like to buy, in particular by means of technical descriptions from his partners and suppliers and photographs illustrating products. As such, the products are described and presented with the greatest possible accuracy. Differences between the products and their photographs present on the Site may potentially exist (colors, shades, etc.) depending in particular on the resolution and definition of the colors of the Customer's screen. Consequently, the products are presented with the usual and usual tolerances in the matter.
Furthermore, ZOANTHUS makes every effort to ensure that the photographs, illustrations and texts appearing on the Site are presented as accurately as possible and with the best possible information for the Customer.
Consequently, ZOANTHUS cannot be held liable when any errors do not affect the essential characteristics of the product.
The Products comply with French legislation and the community regulations in force. ZOANTHUS cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (e.g. in the event of a product ban...). It is up to the Customer to check with the local authorities of the country of delivery of the products the possibilities of importing or using the products he plans to order. ZOANTHUS cannot guarantee that the information on the packaging of the Products is translated into all the languages of the European Union.
ZOANTHUS is likely to modify at any time the assortment of products offered for sale on its Site, depending in particular on the constraints linked to its suppliers, without prejudice to the orders placed by the Customer.
2.2 Precautions for use
It is recalled that the products sold on the Site should be used with care.
Regarding the equipment, it is imperative to read the instructions for use supplied with the product before use.
In the event that a safety data sheet is not accessible, the Customer may request it from ZOANTHUS.
ZOANTHUS cannot be held liable for damage of any kind, whether material, immaterial or bodily, resulting from the use of products that does not comply with their instructions for use or their safety data sheet.
The products are new products. They are offered for sale within the limits of available stocks and supply possibilities from ZOANTHUS suppliers.
The availability of the products will be definitively validated during the confirmation of dispatch of the order which will be sent to the Customer by e-mail.
In the event that one of the products ordered is not available during the preparation of the Customer's order, ZOANTHUS undertakes to contact the Customer by e-mail as soon as possible from the date of his order in order to to indicate to him in what time this product can be delivered, it being specified that the Customer is entitled to cancel his order.
If it is impossible to supply a product, the Customer will be offered to exchange it with another product of equivalent quality, characteristics and price or, in certain cases, a credit note equal to the amount of the unavailable products ordered. . Otherwise, that is to say in the event of cancellation of the order of the product concerned by the Customer, the refund of the unavailable product will be made at the latest within fifteen (15) days following receipt of the sums paid. by the customer. Reimbursement is made by crediting his bank account or by bank transfer. The cancellation of the product order and its refund will not affect the rest of the order, which will remain firm and definitive.
2.4 Spare parts
Pursuant to Article L. 111-4 of the Consumer Code, ZOANTHUS delivers to the Customer, on any suitable medium before the conclusion of the sale, information relating to the period during which or the date until which the parts spare parts essential for the use of the product are available on the market, when this information has actually been transmitted to it by the manufacturer or the importer. This information, when transmitted by the manufacturer or importer, will be confirmed in writing when the Customer purchases the product.
Article 3: ORDERS
Any order implies acceptance of the T&Cs, T&Cs and legal notices of the Site.
3.1 Placing the order
As soon as he enters the Site, the Customer declares to have the capacity to conclude this contract, that is to say to be of legal majority and not to be under guardianship or curatorship.
The Customer can only place his orders with ZOANTHUS through his customer account opened on the Site (under the conditions referred to in the CGU) and to which he can only have access after having identified himself by entering his access codes which are strictly personal to him.
In order to place an order the Customer must:
- Select the products he wishes to buy, then add them to his basket,
- Once in his basket, a summary of the chosen products is displayed and he can click on "confirm my order",
- Connect to his Customer Account or create his account if he is not already connected,
- Choose a delivery address and click on "save",
- Choose the delivery method and the options attached to the chosen mode (DPD, GLS, Chronopost or Colissimo),
- Choose your method of payment,
o By credit card:
- Enter the requested information then check the boxes:
- "I have read the general conditions of sale and I adhere to them without reservation(with a link to the T&Cs)» ,
o By his Paypal account,
o By bank transfer:
- The ZOANTHUS RIB is made available to him,
- The Customer has up to 10 days to make the payment,
- Once payment has been made, the order is definitively validated.
And click on "Payment with obligation to purchase",
- after which he will be redirected to the secure site of the bank attached to his means of payment in order to finalize the payment if he has chosen payment by credit card,
An order confirmation will then be sent to the Customer by email.
As this is a distance selling contract, it is concluded, and the order final, from the moment the Customer confirms his order by pressing the "Payment with obligation to purchase" button after having chosen his payment method. delivery and payment. Once the order has been validated, the Customer can print a summary of his order, which he will receive by email, along with the form for the possible exercise of his right of withdrawal. This document must be kept, it constitutes proof of the Customer's order and of the contract binding the parties.
In any case, ZOANTHUS reserves the right not to satisfy any request from the Customer which would be exorbitant or derogatory to common law and its general conditions or when the Customer is not up to date with its obligations towards ZOANTHUS.
3.2 Cancellation of the order
It is recalled that purchases made on the Site are reserved for non-professional private individuals for their own use (or for the purposes of gifts within the family circle), this is the reason why ZOANTHUS only sells its products in quantities corresponding to the usual average needs of a household. In accordance with article L.121-11 of the Consumer Code, ZOANTHUS reserves the right to refuse or cancel for legitimate reason any order for which the number of products or the amount to be paid (for a single or several cumulative orders ) would not correspond to the usual average use of a household, any order which would suggest that an economic activity is carried out by the Customer in connection with the products ordered or more generally, any abnormal order within the meaning of the case law applicable in matter.
Finally, ZOANTHUS reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any amount that would be due. by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous orders.
The order placed on the Site is automatically canceled if payment is not received within fifteen (15) clear days.
Article 4: PRICE and PAYMENT
The selling prices of the products mentioned on the Site are indicated in euros, all taxes included, excluding transport costs.
Their amount is in any case indicated at the end of the online order, before its validation. The price invoiced to the Customer is the price specified on the order confirmation including the price of the products including tax to which is added the possible price of transport.
Freight charges are shown on the following page:
The costs are determined according to the methods of transport, the amount of the order, its weight and the destination.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the product(s) concerned. For all products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of ZOANTHUS. They will be the responsibility of the Customer and are his full responsibility, both in terms of declarations and payments to the competent authorities and/or bodies in your country. It is up to the Customer to find out about these aspects from his local authorities before placing any order.
ZOANTHUS reserves the right to modify its selling prices at any time. However, no modification after the order is taken can be applied. The price applicable to the products ordered is that appearing on the Site on the day of the order.
As part of its pricing policy, ZOANTHUS has set up a loyalty program granting price reductions based on purchases made by the Customer.
4.2 Methods of payment
Orders are payable in euros, in full and in cash (subject to the stipulations relating to payment in “3 or 4 instalments with CHARGES”). At no time can the sums paid be considered as a deposit or down payment.
Payment is made either:
- By bank card on the website of the financial partner of ZOANTHUS,
- By paypal
- Wire Transfer
For these payment methods, the order amount will be debited at the time of order confirmation.
For orders of a minimum total amount of 100 euros including VAT (shipping costs included) paid by credit card, the Customer has the option of selecting the option "Payment in 3 or 4 instalments with FEES". This method of payment allows the Customer to pay for his purchase by credit card in three or four instalments. In any event, full payment is made within a maximum period of 90 days from the validation of the order.
In the event of non-payment of a due date, ZOANTHUS may implement the retention of title clause stipulated in article 11 hereof.
As soon as the payment has been validated, the Customer receives confirmation of his order by e-mail, accompanied by the invoice.
ZOANTHUS retains full ownership of the products sold until full payment of all amounts due under the Customer's order.
4.3 “3X 4X WITH FEE”
Payment of your order in 3 or 4 installments by credit card from purchases of €100 up to €3,000 with Oney Bank.
Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €100 to €3,000 in 3 or 4 instalments with your bank card.
Terms :This offer is reserved for individuals (natural persons of legal age) residing in France and holders of a Visa and MasterCard bank card with a validity date greater than the duration of the financing chosen. Cards with systematic authorization, in particular of the Electron, Maestro, Nickel type, etc., as well as e-cards, Indigo and American Express cards are not accepted.
Subscription terms:After completing your order, simply click on the "payment button in 3x 4x Oney by credit card". You are then redirected to our partner's 3x 4x Oney web page displaying the detailed summary of your order and the personalized financing request, which you must then validate.
You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login credentials linked to your 3x 4x Oney account. You read the general conditions of payment in installments to which you wish to subscribe which are provided to you in PDF format so that you can read, print and save them before accepting them. You then notify your electronic acceptance by the corresponding checkbox.
You acknowledge that the "double click" associated with the checkbox on the acknowledgment of the general conditions constitutes consent to contract and constitutes irrevocable and unreserved acceptance of the general conditions of the product. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank.
If you request to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it for the purpose of studying your request for the granting, management and credit recovery. Oney Bank reserves the right to accept or refuse your financing request in 3x 4x Oney. You have a withdrawal period of 14 days to give up your credit.
Functioning :Payment in 3 or 4 installments by credit card allows you to pay for the order made on our merchant site as follows
- a mandatory contribution, debited on the day of confirmation of the shipment of your order corresponding to a third or a quarter of the order, to which are added costs corresponding to 1.45% of the total amount of the order for a 3 times and 2.2% for a 4 times payment (within the limit of €15 maximum for a payment in 3 times and a maximum of €30 for a 4 times payment) ;
- two or three monthly installments, each corresponding to a third or a quarter of the order, taken 30 and 60 days later for the 3 times and 30, 60 and 90 days later for the 4 times.
- Payment in 3 installments from €100 of purchase and up to €3000 Example: For a purchase of €150, contribution of €52.18 then 2 monthly payments of €50. Credit for a period of 2 months at a fixed APR of 19.31%. Cost of financing: €2.18 within the limit of €15 maximum.
- Payment in 4 installments from €100 of purchase and up to €3000 Example: For a purchase of €400, contribution of €108.80 then 3 monthly installments of €100. Credit over 3 months at a fixed APR of 19.61%. Cost of financing: €8.80 within the limit of €30 maximum.
Oney Bank - SA with capital of €51,286,585 - Head office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias number: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr “
Article 5: DELIVERY – RECEIPT – USE OF PRODUCTS
5.1 Terms of delivery
Deliveries take place in mainland France, in the DROM COM and in certain countries of the European Union. Outside this geographical area, deliveries may take place on an exceptional basis, subject to express acceptance by ZOANTHUS.
For the delivery of his order, the Customer must choose a delivery method among those offered by ZOANTHUS. As such, the delivery methods offered are as follows:
(i)Delivery to the delivery address provided by the Customer when ordering on the Site;
(ii)Delivery to the relay point selected by the Customer when ordering on the Site from among those offered to him;
(iii)Provision of the order in our depot in Saint-Etienne.
For more information concerning the financial and practical terms of delivery and in particular those of our delivery partners (parcel tracking, etc.), the Customer is invited to consult the following page: https://www.zoanthus.fr/en/ content/1-delivery
(i) Delivery to the address provided by the Customer
If the Customer selects this method of delivery, the products will then be delivered to him at the address that he will have specified on the Site when ordering.
ZOANTHUS cannot in any case be held responsible in the event of delay and/or non-delivery due to a false or erroneous address or to which delivery would prove impossible.
Delivery is deemed to have been made by ZOANTHUS upon delivery of the products ordered by the carrier to the Customer. Then, the risks of the products are immediately transferred to the Customer.
The transport will be carried out by an independent company. The Customer undertakes to sign the delivery note for the products. In case of absence of the Customer during the delivery, the latter has a period of 15 working days to collect the package from the carrier or depositary chosen by the Customer, from the filing of the delivery notice. In any case, the Customer is informed as soon as possible of the availability of the products.
Any package returned to ZOANTHUS because of an incorrect or incomplete delivery address, or because the Customer has not collected it from the carrier or the depositary within the period indicated in the previous paragraph, will be reshipped at the Customer's expense.
(ii) Relay Point Delivery
The products ordered by the Customer will be delivered to the relay point selected by the Customer, the latter being responsible for collecting the products.
The Customer is informed of the delivery of the products by email.
The Customer is then informed of the period during which he can withdraw his order.
As part of this withdrawal, the Customer must be provided with an identity document.
Due to the withdrawal of the order by the Customer, materialized by the signature of the receipt slip (or any other equivalent document), the risks of the products are immediately transferred to the Customer.
If the Customer does not collect the products made available to him at the relay point within the period indicated to him, and after a follow-up remains unsuccessful, the package will be returned to ZOANTHUS. In this context, the Customer will be informed by any person and by any means of the terms, in particular financial, to obtain a new delivery. The costs resulting from the new delivery will in any case be borne by the Customer.
(iii) Availability of the order in store
The Customer has the possibility of choosing a delivery by making his order available in our ZOANTHUS warehouse in Saint-Etienne.
If the Customer chooses this method of delivery, he will then have to proceed himself to the withdrawal of his order in the selected store, this by his own means.
ZOANTHUS will send an e-mail to the Customer to inform him that his order is available and that he can pick it up in the store.
The withdrawal of the order can only take place during the opening hours and days of the store concerned. It is also specified that no withdrawal will be possible on Saturdays, Sundays, public holidays and in any case during closing periods.
Due to the withdrawal of the order by the Customer, materialized by the scan of the package in store, the risks of the products are immediately transferred to the Customer.
The Customer will have a period of 14 clear days from the email informing him of the availability of his order to come and collect it in store. If the Customer does not withdraw his order within this period, the order will then be cancelled. The amounts in question will then be reimbursed to the Customer and the products concerned will be immediately returned to stock.
5.2 Delivery times
Deliveries are made according to the deadlines listed on the Site depending on the delivery method chosen, from the sending of the email confirming the delivery of the said order. These delivery times are indicated as precisely as possible and depend in particular on the availability of the products ordered and the carrier. The deadlines are in working days (excluding Saturdays, Sundays and public holidays).
In the event of a foreseeable delay in delivery, ZOANTHUS will inform the Customer as soon as possible by e-mail and provide him with an estimate of the additional delivery time.
As such, the Customer is informed of the average delivery times to the following address:https://www.zoanthus.fr/en/content/1-our-delivery-offers
In any event, ZOANTHUS undertakes to deliver to the consumer Customer within a maximum period of 30 days from the conclusion of the contract.
If this deadline is exceeded and except in cases of force majeure, the Customer may terminate the contract, by registered letter with acknowledgment of receipt or in writing on any other durable medium, if, after having ordered ZOANTHUS to make the delivery, the latter was not executed within the time limit.
The contract is considered resolved upon receipt by ZOANTHUS of the letter or writing informing it of this resolution, unless ZOANTHUS has performed in the meantime.
When the contract is terminated under the conditions listed above, ZOANTHUS is required to reimburse the Customer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
It is the Customer's responsibility to check the condition of the packaging and the products and the number of products upon receipt or when they are collected from a relay point or store, if applicable. This verification is considered to have been carried out when the Customer, or a person authorized by him, has signed the delivery note or any other equivalent document or when the product is scanned in the event of collection from the store.
It is up to the Customer in the event of a dispute, deterioration of the product during transport, damage, missing items or delays, to make clear and precise reservations on the carrier's delivery note. The Customer must confirm these reservations to the carrier by registered letter with reasoned acknowledgment of receipt within three (3) days, not including public holidays, following receipt of the products.
In accordance with Article L. 224-65 of the Consumer Code, when the Customer personally takes delivery of the products transported and when the carrier does not justify having given him the opportunity to actually check their good condition, the period mentioned above is extended to ten (10) days.
Without prejudice to the provisions to be made vis-à-vis the carrier, complaints about apparent defects or non-compliance of the products delivered must be made to ZOANTHUS in writing as soon as possible from the date of delivery or product available. It will be up to the Customer to provide any justification as to the reality of the defects or anomalies observed, in particular by sending ZOANTHUS:
- A photocopy of the reservation letter addressed to the carrier;
- And a photocopy of the delivery note mentioning the reservations.
Any complaint made late could potentially prevent this complaint from being taken into account.
It is expressly agreed that statements such as “subject to unpacking control” do not constitute a reservation within the meaning of this article.
In the event of delivery to a relay point, if the Customer notices when withdrawing his order that the packaging of the parcel is damaged (damaged, torn, already opened, etc.), he must indicate to the relay point that he refuses the parcel and it will then be returned to the shipping company.
With regard to in-store withdrawals, in the event of a dispute over the quantity and/or condition of the products at the time of withdrawal, the Customer must immediately inform the teams of the store concerned.
In any case, ZOANTHUS cannot be held responsible for any delay or failure to deliver due to a case of force majeure or fault on the part of the Customer.
Article 6: LEGAL GUARANTEES
6.1 General provisions
ZOANTHUS is liable for defects in the conformity of the goods to the order under the conditions of article L. 217-4 and following of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in articles 1641 and following of the Code. civil.
As such, the Customer may make a request under the legal guarantee of conformity or the guarantee of defects of the thing sold by sending his complaint to ZOANTHUS at the address mentioned in article 1 hereof.
When acting as a legal guarantee of conformity, the Customer:
- has a period of two years from the delivery of the goods to act ;
- can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code, or, failing that, reducing the price or rescinding the contract ;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods, except for second-hand goods (twelve months) (L.217-7 new of the Consumer Code ).
- Any good repaired within the framework of the legal guarantee of conformity benefits from an extension of this guarantee of six months.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with in article 1644 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code (former) and Articles L. 217-4, L. 217-5, L. 217-7, L. 217-8, L. 217-9, L. 217-11, L. 217-12 and L. 217-13 of the Consumer Code (new) as well as articles 1641, 1644 and the first paragraph of article 1648 of the Civil Code are reproduced in article 16 of these general conditions.
6.2 Additional details
Under the legal guarantee of conformity mentioned above, ZOANTHUS must deliver products that comply with the contracts and is liable for any lack of conformity existing at the time of their delivery.
As such, it is specified that the products marketed by ZOANTHUS, especially the batteries, have a limited lifespan which depends essentially on the conditions of use of the products by the Customers (frequency of use, shocks, lack of maintenance , exposure to extreme temperatures, contact with water, etc.).
6.3 Exclusion of warranty
Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects.
The warranty does not cover products damaged during transport or due to misuse. As such, defects and deterioration of the products caused by non-compliance with the safety instructions relating to storage precautions, specified on the packaging, are excluded from the guarantee.
Defects and deterioration caused by incorrect use, non-compliant maintenance, abnormal use, lack of supervision, poor electrical protection of the devices, for such circumstances harmful to the proper functioning of the devices, or by an unplanned modification of the product nor specified by ZOANTHUS, are excluded from the warranty.
The warranty disappears immediately and completely if the product is used under abnormal conditions.
In the event of lack of maintenance, the guarantee will be totally or partially lost.
Article 7: RETURNS AND RESPONSIBILITIES
7.1 Complaints / Liability
Except in the case referred to in article 6, it is up to the Customer to provide any justification as to the reality of the defects or anomalies noted. He must allow ZOANTHUS every facility to proceed with the observation of these defects or anomalies.
Subject to the exercise of the possible right of withdrawal, any product return must be subject to the express agreement of ZOANTHUS. The products must be returned in perfect condition and in their original packaging with all possible accessories (including the instructions).
The return will give rise, depending on the case, to a replacement of the products or to a reimbursement of the Customer, after qualitative and quantitative verification of the returned products. The costs and risks of sending and returning will be borne by the Customer if non-compliance is not proven.
7.2 Commercial warranties
When ZOANTHUS is held liable as a result of a fault on its part, compensation only applies to direct, personal and certain damages that the Customer has suffered.
In any case, ZOANTHUS declines all responsibility, in particular as regards the choice of products by the Customer or for damage resulting from modifications which have been made to the products or resulting from a breach of the recommendations for use of the products.
In addition, it is recalled that ZOANTHUS is not a producer, within the meaning of articles 1245 and following of the Civil Code, of the products marketed via the Site. Consequently, its liability cannot be engaged in the event of damage caused to property and/or persons due to a defect in the products within the meaning of the aforementioned articles. The Customer wishing to obtain compensation for such damage must therefore seek the responsibility of the manufacturer concerned.
ZOANTHUS cannot be held liable for damage, temporary or permanent, caused to the Customer's computer system or for any loss or damage that may be suffered in particular following access to or browsing on the Site. The transmission of data via the Internet may lead to the appearance of errors and/or the fact that the Site is not always available. As a result,
ZOANTHUS cannot be held responsible for the availability and interruption of the online service.
ZOANTHUS DISCLAIMS ALL RESPONSIBILITY FOR INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED BY USING THE SITE.
IN ANY CASE AND WITHIN THE LIMITS AUTHORIZED BY LAW, IN THE EVENT THAT ZOANTHUS'S LIABILITY IS RETAINED, THE TOTAL AMOUNT OF INDEMNITIES THAT ZOANTHUS MAY BE REQUIRED TO PAY TO THE CUSTOMER CANNOT EXCEED THE SELLING PRICE OF THE PRODUCTS CONCERNED INVOICES TO THE CUSTOMER AND THIS, REGARDLESS OF THE LEGAL BASIS OF THE COMPLAINT AND THE PROCEDURE USED TO MAKE IT SUCCESSFUL.
Any compensation will only be made by ZOANTHUS upon presentation by the Customer of the corresponding product invoice.
In the event of professional purchases, ZOANTHUS will not incur any liability for any consequential damages as a result of these presents, operating loss, loss of profit, loss of opportunity, damages or costs, which may arise from the purchase. some products.
Article 8: FORCE MAJEURE
In the event of the occurrence of a case of force majeure preventing the performance of its obligations by ZOANTHUS, the contract would be immediately suspended, from the notification of one of the parties given by any means. In the same way, the party concerned will inform the other party of the cessation of this event and the execution of the contract will then resume immediately on the date of this notification.
Force majeure means any event that makes it either impossible or manifestly more difficult to perform an obligation due to the unforeseeable, irresistible and external nature of this event, these three criteria being alternative, such as epidemics, pandemics, wars , riots, fires, floods, total or partial strikes, paralysis of road or other transport routes, interruptions in the supply of energy (EDF, GDF, Oil, etc.), blockages of telecommunications and computer networks, change of regulations, delays or failure in the intervention of external partners such as suppliers or subcontractors, closing of borders.
The obligations of the Parties will be suspended for the duration of the force majeure. The Defaulting Party will use its best efforts to limit the duration and effects of the cause of Force Majeure.
If such an event were to extend beyond fifteen (15) days after the date of notification, the contract will be considered automatically terminated. The sums collected by ZOANTHUS before this date will then be reimbursed to the Customer.
Article 9: CUSTOMER OBLIGATIONS
The Customer undertakes to communicate to ZOANTHUS all the elements necessary for the proper execution of the orders. In this regard, the Customer remains responsible for the content and accuracy of the information it transmits to ZOANTHUS.
The use of the products will be carried out under the sole responsibility of the Customer. Under these conditions, the Customer is required to maintain the product in good condition, to use it in accordance with its intended purpose, in particular by respecting the prescriptions given by ZOANTHUS or the suppliers and the specific precautions for use.
Article 10: RIGHT OF WITHDRAWAL
Pursuant to Article L. 221-18 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the products ordered (the day of receipt of the products ordered is not counted in the period, the latter starting to run the next day). If this withdrawal period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece.
However, under Article L. 221-28 of the Consumer Code:
"The right of withdrawal cannot be exercised for contracts:
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly ;
5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection ;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items; »
To exercise his right of withdrawal, when the latter can be exercised, the Customer must, within the period of fourteen (14) days indicated above, send ZOANTHUS the standard form for exercising the right of withdrawal (in Annex 1 of these conditions) or a statement, unambiguous, expressing its desire to withdraw, to the address indicated in article 1 of these conditions.
The Customer must return the products, at his own expense, to the address mentioned herein, within fourteen (14) days of the communication of his decision to withdraw, in their original packaging, unused and in perfect condition. condition, without any trace or mark, with labels, all accessories and any gifts offered.
In this respect, the Customer is reminded that, in accordance with the provisions of Article L. 221-23 of the Consumer Code, his liability may be engaged in the event of depreciation of the products resulting from manipulations other than those necessary to establish the nature , the characteristics and the proper functioning of these products.
As such, ZOANTHUS will be entitled to apply a discount in the event of manipulation of the products other than those strictly necessary to establish their nature, their characteristics and their proper functioning.
In the event of withdrawal relating to several products and if the Customer does not return all of the products, ZOANTHUS will deduct from the amount to be reimbursed, the price of the missing products.
ZOANTHUS undertakes to reimburse the Customer within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. Nevertheless, ZOANTHUS is entitled to defer this reimbursement until effective recovery of the goods or until the Customer has provided proof of the shipment of these goods, the date chosen being that of the first of these facts.
ZOANTHUS makes this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the reimbursement does not incur any costs. to the customer.
Article 11: RETENTION OF OWNERSHIP
The products sold by ZOANTHUS to its Customers remain its property until full payment of the price in principal, costs, interest and accessories by the Customer. However, the risks are transferred upon receipt of the products by the Customer.
In the event of non-payment, ZOANTHUS, without losing any other of its rights, may demand by registered letter with acknowledgment of receipt the return of the products at the Customer's expense and risk. The Customer will also bear any legal and judicial costs.
Article 12: PERSONAL DATA
Article 13: OPPOSITION TO TELEPHONE SOLICITATION
The Customer who communicates his telephone number to ZOANTHUS via the Site when ordering online, is informed that he can register on a list of opposition to cold calling (Bloctel list). It is nevertheless specified that this registration does not prohibit ZOANTHUS from contacting the Customer by telephone for the strict purposes of the execution of this contract.
Article 14: APPLICABLE LAW
The parties agree that these conditions and their consequences are subject to French law. The language hereof and of relations between the parties is French.
Nevertheless, with regard to deliveries outside France, it is specified to the Customer that French law applies subject to the mandatory provisions of the law of the country in which he has his habitual residence.
Article 15: SETTLEMENT OF DISPUTES / MEDIATION
The Customer declares to have been informed in advance by ZOANTHUS of the possibility of having recourse, in the event of a dispute, to a consumer mediation procedure.
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, we offer a consumer mediation system. The chosen mediation entity is: CNPM - CONSUMER MEDIATION. In the event of a dispute, you can file your complaint on its website:https://cnpm-mediation-consumption.eu or by post by writing to CNPM - MEDIATION - CONSUMPTION - 27 avenue de la libération - 42400 Saint-Chamond
Before contacting the mediator designated above, the Customer agrees to address his complaint to ZOANTHUS customer service at the contact details indicated in article 1 of these general conditions.
In addition, ZOANTHUS informs the Customer of the existence of the online dispute resolution platform set up by the European Commission and of the possibility of using it in the event of a dispute with ZOANTHUS in connection with this contract.
This platform is accessible via the following link:https://webgate.ec.europa.eu/odr/
Article 16: MANDATORY INFORMATION FOR CONSUMER CUSTOMERS
For contracts concluded before 1erJanuary 2022
Pursuant to Article L. 217-15 of the Consumer Code, articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code are reproduced below. consumption, as well as article 1641 and the first paragraph of article 1648 of the Civil Code, provisions of which the Customer expressly acknowledges having read prior to his order.
- Legal guarantee of conformity
Article L. 217-4 of the Consumer Code
"The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.»
Article L. 217-5 of the Consumer Code
"The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item 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, in particular 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 seller's attention and which the latter has accepted.»
Article L. 217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.»
Article L. 217-16 of the Consumer Code
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.. »
- Warranty against hidden defects
Article 1641 of the Civil Code
"The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.»
Article 1648 of the Civil Code paragraph 1
"The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.»
For contracts entered into after 1erJanuary 20222
- Legal guarantee of conformity
The French Consumer Code provides the following in terms of the legal guarantee of conformity:
Article L.217-4 of the Consumer Code
"The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
4° It is updated in accordance with the contract»
Article L.217-5 of the Consumer Code
"I.- In addition to the contract compliance criteria, the good is in compliance if it meets the following criteria:
1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the relevant sector;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version which is available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type, having regard to the nature property as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.
II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not lawfully in a position to know them;
2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; Or
3° That the public statements could not have influenced the purchase decision.
III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented upon conclusion of the contract.»
Article L.217-7 of the Consumer Code
"The lack of conformity which appears within a period of twenty-four months from the delivery of the goods, including the goods comprising digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the property or the defect invoked.
For second-hand goods, this period is set at twelve months.
When the contract for the sale of goods containing digital elements provides for the continuous supply of digital content or a digital service, defects of conformity which appear:
1° During a period of two years from the delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of the supply;
2° During the period during which the digital content or the digital service is supplied under the contract, when the latter provides for this supply for a period of more than two years.»
Article L.217-8 of the Consumer Code
"In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in price or to termination of the contract, under the conditions set out in this subsection.
The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has satisfied his obligations under this chapter, in the conditions of articles 1219 and 1220 of the civil code.
The provisions of this chapter are without prejudice to the award of damages.»
Article L.217-9 of the Consumer Code
"The consumer is entitled to demand that the goods comply with the criteria set out in sub-section 1 of this section.
The consumer asks the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.»
Article L.217-10 of the Consumer Code
"The bringing into conformity of the good takes place within a reasonable time which cannot be more than thirty days following the consumer's request and without major inconvenience for him, taking into account the nature of the good and the use sought by the consumer.
The repair or replacement of the non-conforming good includes, if applicable, the removal and return of this good and the installation of the repaired good or the replacement good by the seller.
A decree specifies the procedures for bringing the property into conformity.»
Article L.217-12 of the Consumer Code
"The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard in particular to:
1° Of the value that the good would have had there been no lack of conformity;
2° The significance of the lack of conformity; And
3° The possible possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.
When these conditions are not met, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with Articles 1221 and following of the Civil Code.
Any refusal by the seller to proceed according to the choice of the consumer or to bring the goods into conformity, is justified in writing or on a durable medium.»
Article L.217-13 of the Consumer Code
"Any property repaired under the legal guarantee of conformity benefits from an extension of this guarantee of six months.
As soon as the consumer chooses the repair but that it is not implemented by the seller, the bringing into conformity by the replacement of the good causes a new period of legal guarantee to run, for the benefit of the consumer. of conformity attached to the replaced good. This provision applies from the day on which the replacement good is delivered to the consumer.»
- Legal warranty against hidden defects
Article 1641 of the Civil Code
"The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.»
Article 1644 of the Civil Code
"In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.»
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.»
APPENDIX 1: WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of :
11 B rue Buffon
I hereby notify you of my withdrawal from the contract relating to the sale of the property below:
Ordered on(*) / received on(*) ………………………………………………………………
Name of consumer(s): ………………………………………………………………
Address of the consumer(s): ………………………………………………………………
Signature of consumer(s) (only in case of notification of this form on paper):
Date : ………………………………………………………………
(*) : Remove the useless phrase. D