Article 1: Entirety
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale (GTC) apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website www.zesteelectrique.com and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
Section 2: Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.zesteelectrique.com www.zesteelectrique.com
Article 3: Pre-contractual information
3.1 The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221 -5 of the Consumer Code.
3.2 The following information is transmitted to the buyer, in a clear and understandable manner, on the site www.zesteelectrique.com:
– the essential characteristics of the product;
– the price of the product;
– all additional costs of transport, delivery or postage and all other possible costs.
3.3 Its e-mail address is: email@example.com
Article 4: The order
The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.
In case of unavailability of a product ordered, the buyer will be informed by e-mail.
To make purchases on the site, the Customer may first create a “customer account”.
To create the customer account, the Customer must:
– After validation of the basket, check the box “Create an account?” (a password is then requested).
– Complete the information required to finalize the order.
– Finalize the order.
A summary e-mail is then sent to the Customer, to confirm his registration on the site.
The Customer undertakes to keep secret and not to disclose the identifiers and passwords created when opening his account. He is solely responsible for the use made of said identifiers and passwords on the site www.zesteelectrique.com.
In the event of fraudulent use of his account, the Customer undertakes to notify the company Zeste Electrique, without delay, by e-mail to the address firstname.lastname@example.org
To place the order, the Customer proceeds as follows:
Step 1: the Customer selects the products he wishes to purchase by clicking on “Add to basket” and adds them to his basket as he goes along. The contents of the basket can be checked and modified at any time by clicking on “View basket”.
Step 2: the Customer identifies himself by logging into his account, if he has one, by clicking on “already a customer”. If it is a first order, he creates an account (new customer) to continue the order by clicking on “create an account”, or he continues without creating an account.
Step 3: the Customer validates his basket by clicking on “Order”. He becomes aware of the total amount of his order. The Customer has the possibility before the validation of his order to modify his basket, to apply a possible promo code or to correct any errors.
Step 4: the Customer then validates his delivery and billing address and expressly accepts the GCS by clicking on “I have read and accept the General Conditions of Sale”. The Customer then definitively validates his order by clicking on “I confirm my order”.
Étape 5 : le Client choisit le mode de livraison ainsi que le mode de paiement (par carte bancaire ou Paypal).
Étape 6 : le Client reçoit ensuite un courrier électronique de confirmation récapitulant les caractéristiques de sa commande. La facture, sera jointe au colis. Si le Client possède un « compte client », il aura accès à l’historique de ses commandes et pourra télécharger les factures correspondantes.
La passation de la commande vaut acceptation :
- de toutes les caractéristiques des produits proposés à la vente et commandés par le Client : prix, volumes, caractéristiques, quantités et délais de livraison ;
- de l’intégralité des présentes Conditions Générales de Vente qui ont pleine et entière valeur contractuelle.
Dans certains cas, notamment défaut de paiement, adresse erronée ou autre problème sur le compte de l’acheteur, le vendeur se réserve le droit de bloquer la commande de l’acheteur jusqu’à la résolution du problème.
L’annulation de la commande de ce Produit et son éventuel remboursement seront alors effectués, le reste de la commande demeurant ferme et définitif.
Pour toute question relative au suivi d’une commande, l’acheteur doit contacter la société Zeste Electrique par mail : email@example.com
Article 5: Electronic signature
The online provision of the buyer’s credit card number and the final validation of the order will constitute proof of the buyer’s agreement:
– payment of sums due under the purchase order,
– signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact the company Zeste Electrique.
Article 6: Proof of the transaction
The computerized registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 6 bis: Processing of personal data
In accordance with European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as article 34 of the law of January 6, 1978, relating to data processing, files and freedoms, “The controller is required to take all necessary precautions, with regard to the nature of the data and the risks presented by the processing, to preserve the security of the data and, in particular, to prevent them from being distorted, damaged, or accessed by unauthorized third parties”.
Thus, the company Zeste Electrique undertakes to take all the technical and organizational measures necessary to guarantee the security of the data it has collected, as well as their confidentiality.
Zeste Electrique undertakes to collect only the personal data strictly necessary for the execution of this sales contract. The retention period for the processing of personal data in the active phase is that strictly necessary for the management of the commercial relationship. After this active phase, your personal data will be archived for a period of 5 years.
If in the event that a violation of personal data is observed, the company Zeste Electrique will notify the said violation to the data protection authority, within 72 hours.
The company Zeste Electrique appoints Mrs. Clémentine MAURY as responsible for processing personal data, her email address is: firstname.lastname@example.org
When requesting a request from the aforementioned manager, the buyer has the right to access and rectify or delete his personal data.
Article 7: Product information
The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 8: Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.
The price is payable in full and in a single payment when ordering.
Article 9: Method of payment
The payment of the price is made in cash when ordering, which means that placing the order implies payment by the buyer.
To pay for his order, the buyer has the following means of payment at his disposal:
– credit card: Carte Bleue, Visa or Mastercard;
The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. .
Article 10: Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller’s bank.
The products ordered are delivered according to the following methods: the goods are dispatched within 48 to 72 hours excluding weekends and public holidays, depending on the order. Depending on the number of jars ordered by the Customer, it may be made up of several packages.
The invoice is delivered with the package. The products are delivered in mainland France by Mondial Relay or Colissimo, depending on the choice of transport by the Customer.
Delivery by Mondial Relay takes place within an average of 5 working days from pick-up.
For delivery by Colissimo, the deadline is 48 working hours, excluding Sundays and public holidays.
Article 11: Delivery errors
The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the instructions on the order form. Any complaint made after this period will be rejected.
The complaint may be made, at the choice of the buyer, on 07 81 59 68 03 or on his email address: email@example.com
Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Recommended, to the following address of the company’s headquarters.
Return costs are the responsibility of the seller.
Article 12: Availability of products – Payback – Resolution
Shipping times run from the date of registration of the order indicated on the order confirmation email.
In the event of non-compliance with the agreed delivery date or time, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period.
In the absence of execution at the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment at the latest, or the exchange of the product.
Article 13: Transfer of risks
Ownership of the item sold is transferred to the buyer as soon as the parties agree on the item and the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is carried out, at the expense of the buyer, upon acceptance of the order form by the seller.
Article 14: Product warranty
The company Zeste Electrique guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code or the guarantee defects of the thing sold within the meaning of articles 1641 and following of the Civil Code. In the event of implementation of the legal guarantee of conformity, it is recalled that:
– the buyer has a period of 2 years from the delivery of the goods to act;
– the buyer can choose to replace the goods, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
– the buyer is exempted from providing proof of the existence of the lack of conformity of the good during the 24 months following the delivery of the good;
– the buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between rescinding the sale or reducing the price in accordance with article 1644 of the Civil Code.
Article 15: Right and period of withdrawal
In accordance with article L.121-21 and following of the Consumer Code, the Customer has a period to exercise his legal right of withdrawal. This period is 14 (fourteen) clear days from the day of receipt of the package containing the ordered products concerned, it being specified that the day of the starting point of this period does not have to be taken into account in the calculation of the 14 (fourteen) days. When the 14 (fourteen) day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.
To exercise this right, the Customer must, within the period mentioned above, terminate his order by means of a letter with acknowledgment of receipt to the address of the head office (below). The Customer can use the withdrawal form offered by Zeste Electrique. He must then make a request by e-mail to Zeste Electrique at firstname.lastname@example.org
The products must imperatively not have been used or opened and be returned in perfect condition in their original packaging. The return costs are the sole responsibility of the Customer, who is also responsible for providing proof of the return of the package.
The products must be returned to the following address:
12 rue Jules Guesde,
Any return made in accordance with the conditions of this article will give rise to a refund of all sums paid by the Customer for the purchase of the products in question and their delivery, at the latest within 14 (fourteen) days from the date which the right of withdrawal has been exercised, subject to actual receipt of the products concerned. In the event that the products in question have not been received by Zeste Electrique by this date, reimbursement will be deferred until actual receipt of the said products by Zeste Electrique.
Article 16: Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts.
possible. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 18: IT and Freedoms
The personal data provided by the buyer is necessary for the processing of his order and the establishment of invoices.
They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Zeste Electrique website has been declared to the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him.
Article 19: Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
Article 19: Dispute
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the rules of substance as well as for the rules of form.
The parties will endeavor to settle amicably any dispute concerning the interpretation of these terms.
Any complaint must be addressed to the company’s headquarters located at 12 rue Jules Guesde 87000 Limoges
After exhaustion of amicable remedies, in accordance with Article L.612-1 of the Consumer Code, the parties may contact the Consumer Mediator by completing the online form, available on the site: www.economie.gouv /mediation-conso.
The foregoing does not exclude your right to bring a claim before the French courts.
In the event of a dispute, litigation or action for payment, the courts of Limoges will have sole jurisdiction.