Consumer Terms and Conditions

GENERAL CONDITIONS OF SALE FOR CONSUMERS

EFFECTIVE FROM 22 December 2024

Article 1 - Identification of the Seller

ZEBRATAN82
Head office: 40 allée du parc du Suveret 83600 Fréjus
SIRET: 49066729200059 – RCS FREJUS
VAT not applicable, article 293B of the CGI

Email:sweetdecils83@gmail.com

Article 2 - Scope of application: consumers

The current General Conditions of Sale apply, without any restriction, to all transactions concerning the Products (referred to herein as "Products" or "Product") carried out by ZEBRATAN82 (hereinafter referred to as "the Seller") with the consumers (individuals acting for personal and non-professional purposes) or non-professionals (legal entities not acting for commercial purposes) (together referred to as “Customers” or “Customers”), via the sales site in line accessible on the French version of the website www.douceurdecils.com

The General Conditions of Sale apply specifically to sales made remotely.

A distance sale means a contract concluded between a professional and a consumer within the framework of an organized sales system without the simultaneous physical presence of both parties, using exclusively one or more methods of distance communication until the conclusion of the agreement.

These conditions detail in particular the terms of ordering, payment and delivery of the Products purchased by Customers.

Before placing an order, these General Conditions of Sale are made available to each Customer and prevail, if necessary, over any other version or contradictory document.

For any questions or additional information, the Customer can contact the customer service of the online sales site by e-mail at douceurdecils83@gmail.com

The Customer confirms that he or she is of legal age and has the legal capacity necessary to conclude the transaction.

In the context of electronic sales (via the Internet), the Customer acknowledges having read these General Conditions of Sale before finalizing his order. Validation of the order is equivalent to unreserved acceptance of these conditions.

These General Conditions of Sale may be modified at any time by ZEBRATAN82, and these modifications will be applicable to orders placed after their publication.

Article 3 - Products and availability

Products
Products offered by ZEBRATAN82 are those listed on the Seller's website. The Customer is invited to consult the detailed characteristics of each product on the site in order to familiarize himself with its specificities.

The Seller cannot be held liable for any non-substantial differences between the appearance of the Products on the site and the products received.

Availability
Products are offered within the limits of available stocks. After receipt of the order, ZEBRATAN82 checks the availability of the Products. In the event of unavailability, the Customer will be informed promptly and ZEBRATAN82 will take the following measures within 30 days of order validation:

  • Deliver the ordered product
  • Offer a similar product at an equivalent price
  • Refund the unavailable product.

If a product is out of stock, ZEBRATAN82 will ship the remainder of the order and notify the Customer. The Customer may then request a refund or a replacement product.

Order
The order will be considered final after confirmation of the order by the Seller and receipt of the price. The Customer is responsible for verifying the accuracy of his order and must report any errors immediately. For any address error on the part of the customer that will be returned to the seller indicated as NPAI, the order will be refunded, but the shipping costs. The customer will have to reorder and pay the shipping costs again by notifying a complete and exact address.

The Seller reserves the right to refuse large quantity orders for the same product.

Article 4 - Prices

Prices are indicated in Euros and are applied in accordance with current legislation. The prices indicated are exclusive of shipping costs, unless otherwise specifically agreed between the parties. The Seller may change its prices at any time, but will apply the prices in effect when the order is registered.

Processing, transport and delivery costs are the responsibility of the Customer, in addition to the price of the product, and are specified before validation of the order.

Article 5 - Payment terms

The accepted payment methods are:

  • Bank card (Visa, MasterCard, etc.)
  • Bank transfer
  • Payment via PayPal

In the event of non-payment, ZEBRATAN82 reserves the right to refuse an order or not to honor a delivery.

Article 6 - Delivery terms

Delivery costs are free from 100€ of purchases in mainland France only.

THE Shipments are made via Colissimo, the customer will receive an email when their order is shipped and will be able to check the tracking of the order via their account.

Article 7 - Return / Exchange of Products

The Customer must check the condition of the packaging and the product upon receipt. If the packaging is damaged, the Customer must refuse the package and report this to ZEBRATAN82 as soon as possible. Non-compliant products may be returned at the Customer's expense within three days.

Article 8 - Reservation of ownership

The transfer of ownership of the products takes place after full payment of the price. However, the transfer of risks related to the loss or deterioration of the products takes place upon their delivery to the carrier.

Article 9 - Right of withdrawal

In accordance with the provisions of Articles L 221-18 et seq. of the Consumer Code, the Customer has a right of withdrawal that he may exercise without justification, within a period of fourteen calendar days from receipt of the Products (if this last day is a Saturday, Sunday or public holiday, the period is extended until the following working day). In the event of an order containing several items delivered separately, or a good composed of lots (such as a kit) or multiple parts delivered on different dates, the period runs from receipt of the last product or lot.

The Customer must inform the Seller of his decision to withdraw by sending, before the end of the 14-day period mentioned, any clear statement expressing his wish to withdraw (for example: postal letter or e-mail). He can also use the withdrawal form template, available at the end of these General Terms and Conditions of Sale.

The Customer must return the Products to ZEBRATAN82 without undue delay, and at the latest within fourteen days following the communication of his decision to withdraw. The return costs are the responsibility of the Customer. The latter only assumes the direct costs related to the return of the products. It is specified that no refund will be made for a product that cannot be put back on sale due to depreciation resulting from handling other than that necessary to verify the nature, characteristics and proper functioning of the product (for example, incomplete, damaged, deteriorated, soiled items, etc.).

The refund of the amount paid for the returned Products, as well as any delivery costs paid by the Customer at the time of purchase (except in the case of partial return, where the delivery costs will not be refunded, these being fixed), will be made via the same means of payment as that used at the time of the initial purchase, unless the Customer accepts another means of payment. The refund will be made within fourteen days after ZEBRATAN82 has been informed of the Customer's decision to withdraw, or, if this date is later, after receipt of the products or presentation of proof of shipment. The Customer is advised to keep proof of return, and it is recommended to send the Products by registered mail or any other means ensuring tracking and a certain date.

The Seller will not reimburse additional costs if the Customer has opted for a more expensive delivery method than that offered by default.

If the Customer has used the product in a manner incompatible with the principles of civil law, such as good faith or unjust enrichment, compensation for the use of the property may be requested from him.

The right of withdrawal is only applicable to products sold on the website www.douceurdecils.com

Please note that this right of withdrawal does not apply to the following situations:

-The supply of products which, after delivery and by their nature, are inseparably mixed with other items,

-The supply of goods which may deteriorate or expire rapidly,

-The supply of products opened by the consumer after delivery, and which cannot be returned for reasons of hygiene or health protection: The Hamon law specifies that goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection are excluded from the right of withdrawal.

Article 10 - Liability

The Seller shall not be held liable in the event of force majeure, such as the impossibility of supply or delay in delivery.

Article 11 - Intellectual property

Intellectual property rights on photographs, drawings, prototypes and other creations remain the property of the Seller. The Customer is prohibited from reproducing or exploiting these elements without the prior written consent of the Seller.

Article 12 - Guarantees

ZEBRATAN82, as seller, is responsible for any lack of conformity of the product with the contract, in accordance with the provisions of Articles L. 217-4 et seq. of the Consumer Code, as well as for hidden defects in accordance with Articles 1641 et seq. of the Civil Code.

It should be noted that the seller cannot exempt himself from these legal obligations nor limit their scope with regard to a consumer.

When a consumer asserts the legal guarantee of conformity:

  • He has a period of two years from delivery of the goods to exercise his rights;
  • He may opt for the repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
  • He is exempt from proving the existence of the lack of conformity during the 24 months following delivery (article L. 217-7 of the Consumer Code).

The legal guarantee of conformity applies in cases where the delivered goods have defects in relation to the purchase contract, according to Articles L. 217-4 and L. 217-5 of the Consumer Code. It also applies independently of any commercial guarantee that may be granted.

In addition, the consumer or a non-professional may invoke the guarantee against hidden defects, provided for in Article 1641 of the Civil Code. In this case, the buyer has the choice between cancelling the sale or requesting a reduction in the price, in accordance with Article 1644 of the Civil Code, if the hidden defects render the good unfit for the intended use, or if these defects so diminish its use that the buyer would not have acquired the good, or would have purchased it at a lower price, if he had been aware of them. The action must be brought within two years of the discovery of the defect.

However, the warranty does not apply in the event of misuse, negligence, lack of maintenance on the part of the customer, normal wear and tear of the goods, or in the event of force majeure or accident.

For any information or questions relating to the conditions of sale, products or the application of guarantees, customers can contact customer service by email: douceurdecils83@gmail.com

In accordance with Article L. 217-11 of the Consumer Code, return costs will be reimbursed upon presentation of supporting documents, after confirmation of the lack of conformity of the product, if the legal guarantee of conformity is applied.

We remind you that the legal guarantee against hidden defects also applies in accordance with articles 1641 et seq. of the Civil Code.

The following legal provisions are specified in accordance with current legislation:

Civil Code:

Article 1641 : “The seller is liable for hidden defects which render the good unfit for the use for which it is intended, or which so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, if he had been aware of them.”

Article 1648, paragraph 1 : “The action resulting from hidden defects must be brought by the purchaser within two years following the discovery of the defect.”

Consumer Code:

Article L217-4 : "The seller must deliver goods that conform to the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for defects resulting from the packaging, assembly instructions or installation, if the latter is his responsibility or has been carried out under his responsibility."

Article L217-5 : “A good is in conformity with the contract if it is suitable for the use expected of a similar good and, where applicable:

If it matches the description provided by the seller and has the qualities presented to the buyer in the form of a sample or model;

If it has the qualities that the buyer can legitimately expect based on public statements made by the seller, the producer or their representative, particularly in advertising or on labeling.

If it has the characteristics agreed between the parties or is suitable for a particular use sought by the buyer, which has been brought to the attention of the seller and accepted by the latter.

Article L217-10 : “If the repair or replacement of the good is impossible, the buyer may return the good and request a refund, or keep the good and obtain a reduction in the price. This option is also open if the proposed solution cannot be implemented within one month of the complaint or if it causes a major inconvenience for the buyer. However, the sale cannot be cancelled if the lack of conformity is minor.”

Article L217-12 : “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

Article 13 - Protection of personal data

The personal data collected are processed by ZEBRATAN82

To obtain information on the management of your personal data (purposes, recipients, retention period, etc.), we encourage you to consult our confidentiality policy available at the following address: https://douceurdecils.com/pages/politique-de-confidentialite

In accordance with current regulations, you have rights relating to your personal data, including the right of access, rectification, opposition, limitation of processing, erasure and portability. You can exercise these rights by sending an email to douceurdecils83@gmail.com

Please provide your name, first name, address and attach a copy of both sides of your identity document.

In the event of difficulty concerning the management of your personal data, you have the possibility of filing a complaint with ZEBRATAN82, or by contacting the CNIL or any other competent authority.

Article 14 - Applicable law and disputes

In the event of a dispute or disagreement, despite the care taken by the seller in the execution of its obligations, the Customer is invited to contact ZEBRATAN82 in writing. He must provide the references of his order, the reasons for his dispute as well as his requests.

In accordance with Article L. 211-3 of the Consumer Code, we inform you of the possibility of resorting to consumer mediation or any other alternative dispute resolution method in the event of a disagreement. It is also recalled, according to Articles L. 611-1 et seq. of the same Code, that the consumer has the option (but not the obligation) to call upon a consumer mediator free of charge to resolve the dispute amicably.

The contractual relationship is governed by French law. In the event of a translation of these General Terms and Conditions of Sale, only the French version shall prevail in the event of a conflict.

All disputes concerning the validity, interpretation, execution, termination or consequences of these General Conditions of Sale will be submitted to the competent courts, according to the rules of common law.

Article 15 - Customer Acceptance - Pre-contractual information

Before the conclusion of the contract and the placing of the order, the Customer has received in a clear and comprehensible manner the following information as well as these General Conditions of Sale, in accordance with article L.221-5 of the Consumer Code:

  • the essential characteristics of the Product;
  • the price of the Products as well as additional costs, such as delivery;
  • the date or period within which the Seller undertakes to deliver the Product;
  • information relating to the identity of the Seller, his postal, telephone and electronic contact details, as well as his activities, if this is not obvious in the context;
  • information concerning legal and contractual guarantees and the methods of implementing these;
  • the functionalities of the digital content, and, where applicable, its interoperability;
  • the possibility of resorting to conventional mediation in the event of a dispute.

By ordering a Product, the Customer fully accepts these General Terms and Conditions of Sale, as well as the obligation to pay for the Products ordered. This acceptance is expressly acknowledged by the Customer.

ANNEX: WITHDRAWAL FORM

The Customer must complete and return this form only if he wishes to withdraw from the order placed on the website www.douceurdecils.com, subject to the exclusions or limitations relating to the right of withdrawal specified in the applicable General Conditions of Sale.

For the attention of ZEBRATAN82
40 Suveret Park Alley 83600 Fréjus

I hereby notify you of the withdrawal from the contract relating to the order of the Products mentioned below:

  • Order of (Date): ................................................................
  • Order number: ................................................................
  • Customer Name: ................................................................................
  • Customer Address: .......................................................................

Signature of the Client (only if the form is notified on paper)