Terms of sale
Terms of sale
RECITALS
The website www.zionstbarth.com (hereinafter the "Website") is an e-commerce website open to any Internet users (hereinafter the "Internet User").
ZION COMPANY is a French Limited Liability Company with a capital of EUR 7,622 having its registered office at 8 Pointe Milou 97133 Saint Barthélemy, registered with the Trade and Companies Register under number 379851538.
Intra-community VAT No. : FR81379851538
Phone number : +33 6 03 25 15 31
Email address : contact@zionstbarth.com
The Website allows Zion Company to propose the Zion St Barth brand textile products and accessories for sale (hereinafter the "Products") to Internet Users browsing the Website (hereinafter the "Customers").
For the application hereof, it is agreed that the Customer and Zion Company will collectively be referred to as the "Parties" and individually as a "Party" and that a Customer who confirms an order will be referred to as a "Buyer".
These terms of sale apply to all European Union countries, United Sates and Canada.
Any order of a Product proposed on the Website implies the Buyer's adherence to these terms and conditions of sale.
Zion Company reserves the right to amend these terms and conditions of sale at any time by publishing a new version on the Website. The terms and conditions of sale are those in force on the date on which the order is placed.
ARTICLE 1. PURPOSE
These terms and conditions of sale govern the Parties' rights and obligations resulting from the sale of the Products proposed on the Website. They apply to the exclusion of any other document.
ARTICLE 2. PRODUCTS - PRICE
2.1. PRODUCTS
Only the Products present on the Website on the date on which the Customer consults it are available for sale. The Product offers are limited to mainland France and European Union countries. The product offers and prices are valid while stocks last, for as long as they are visible on the website.
2.2. PRICES
We do our best to ensure that information, descriptions and prices are accurate. However, it is possible that errors may arise. If the price of an article that you have ordered is incorrect, we will inform you as soon as possible and you will have the possibility to confirm your order at the correct price or cancel your order.
If we are unable to contact you, we will cancel the order.
The prices are indicated in US dollars, including all taxes.
Unless otherwise specified, these prices do not take into account shipping costs, which will be indicated on top of the price when placing the order, and before order confirmation by the Customer.
Value Added Tax is applied at the rate in force in France.
ARTICLE 3. ORDERS
3.1. PLACING AN ORDER
A Customer who wishes to place an order chooses the Product(s) of his choice by clicking on "Add to bag".
At any time, the Customer can :
Check the number of Products in his bag and obtain detailed information on each of them by clicking on the icon "My bag";
Continue his selection of Products by clicking on the button "Add More";
Complete his order by clicking on the button "Go to Checkout"
Any new Customer must fill out the fields proposed to create his customer account. The Customer must accurately complete the form made available, which notably includes the information necessary for the shipping, including his email address.
The Customer accepts that entering these informations constitutes proof of his identity.
Providing personal information collected in the context of a remote sale is obligatory, this information being necessary for the processing and delivery of orders and issuing bills. This information is strictly confidential.
After reviewing his order summary, once all the information requested has been completed by the Customer, and before payment, the Customer reads the terms of sale and acknowledges this by ticking the box provided to this end.
3.2. ORDER CONFIRMATION
Confirmation of the bag constitutes an electronic signature. This signature has the same value between the parties as a handwritten signature and constitutes proof of the order in full and the requirement to pay the amounts due in accordance with said order. As soon as a Customer confirms his order, he becomes a Buyer.
The Customer pays for his order by bank card (Visa, Eurocard, Mastercard, American Express) or by its PayPal account.
3.3. PAYMENT
The price payable by the Buyer is the amount indicated on the order summary document.
In any case, the amount debited will correspond to the Product(s) actually delivered.
The amount will be debited at the shipping.
The server and payment page are secured by S.S.L (Secure Socket Layer) to protect all means of payment data as effectively as possible and guarantee that at no time do the Buyer's bank details pass through the Zion St Barth' electronic system.
3.4. ACKNOWLEDGEMENT OF RECEIPT OF THE ORDER
Once payment is made, an order summary document is sent by email to the Buyer to the email address provided.
This document constitutes acknowledgement of receipt and summarizes all elements making up the agreement entered into between the Parties.
ARTICLE 4. DELIVERY
Zion Company will make every effort to ensure the order is delivered within 2 to 3 working days for every purchase from France and 3 to 10 working days for every international purchase, including Saint Barthélemy.
The orders placed on the website www.zionstbarth.com on Friday afternoon, Saturday or Sunday are processed on the following Monday. Orders placed on the website www.zionstbarth.com on a bank holiday not falling on a Friday, Saturday and Sunday are also processed on the next working day.
Products ordered by the Buyer are delivered in mainland France, others European Union countries, United States and Canada to the address provided by the Buyer on the final order confirmation page, accompanied by an order form. The Buyer can have Products delivered to an address other than his own address. Delivery will not be made in the case of a force majeure event or a transport and/or postal strike.
Articles are delivered while stocks last. In the event that a product ordered is not available, Zion Company will honor the order for the other products and will give a credit to the Customer for the missing product after shipment of the order to purchase another product.
IMPORTANT COMMENT
: Depending on product availability, orders may be shipped in several packages.
In the event that the delivery deadline is extended, Zion Company undertakes to inform the Buyer as soon as possible and by any means so that he can choose whether to maintain or totally or partially cancel his order.
Zion Company cannot be blamed and held liable for the consequences of any events outside its control, in particular cases of force majeure or unforeseeable circumstances which delay or prevent delivery of the product ordered.
In the event of failure to respect the deadline mentioned plus 10 days, the Buyer can cancel his order by sending a registered letter with acknowledgement of receipt to the registered office address indicated at the start of these terms of sale. Cancellation will only be taken into account by Zion Company if shipment or delivery has not taken place between the sending and receipt of said letter. The Buyer will be granted of a credit for a new purchase on the website at the latest within 14 days as from receipt of the registered letter by Zion Company.
Zion Company also reserves the right to split the delivery of an order composed of several products.
ARTICLE 5. ACKNOWLEDGEMENT OF RECEIPT OF THE ORDER
Zion Company guarantees the conformity of the Product delivered with the essential properties described on www.zionstbarth.com and that the Product is fit for purpose.
The Buyer must verify the condition of the packaging and conformity of the Product delivered and specify, as may be relevant, any reservations on the carrier's delivery form.
ARTICLE 6. RIGHT OF WITHDRAWAL
The Buyer has 14 days as from the receipt day of the Product(s) ordered to exercise his right of withdrawal, without it being necessary to provide any reason whatsoever. Only items returned on time, in their original packaging, unwashed and unworn will be processed.
The Buyer notifies his decision to withdraw by means of a clearly worded statement by email to contact@zionstbarth.com.
The Buyer must complete and return the following withdrawal form to our email address.
"I hereby inform you of my withdrawal from the agreement concerning the sale of the product(s) below :
Name of the product(s)
Ordered on :
Received on :
Customer full name :
Customer address :
IBAN (International Bank Account Number) :
"
The Buyer must return the Product(s), at his own expense, in its / their original packaging and condition, along with the corresponding bill, to the following address :
Adrien LABUZAN
278 Av. Maréchal de Lattre de Tassigny
33200 Bordeaux
FRANCE
The Product(s) must be returned within 14 days from the withdrawal email notification.
The Buyer bears all risks related to this shipment. Zion Company will not be held liable in the case of loss, theft or delay in delivery of the returned Product(s).
If all the above-mentioned conditions are fulfilled, the Buyer will receive its refund within 14 days of the returned product(s) being received in our warehouse. Refunds can only be made by bank transfer. The Buyer's IBAN is essential to process the refund.
ARTICLE 7. GUARANTEES
All Products sold by Zion Company benefit from the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code and the hidden defect warranty provided for in Articles 1641 and following of the French Civil Code.
In any case, Zion Company cannot be held liable for defects resulting from improper use of the product by the Buyer, normal wear and tear of a product, inadequate maintenance or alteration of the product by the Buyer.
7.1. Conformity guarantee (see excerpts of the Civil Code and Consumer Code in Schedule 2)
The Buyer :
- Benefits from a two-year period, as from delivery of the Product, to take action;
- Can choose between repair or replacement of the product, subject to the cost conditions specified in Article L. 217-9 of the Consumer Code;
- Is not required to prove the existence of a defect in conformity when the Product is delivered, for twenty-four months following delivery of the product;
In order to benefit from this warranty, the Buyer must provide dated proof of purchase of the product.
The Buyer can implement this guarantee by informing Zion Company of the lack of conformity by sending an email to our customer services at the following address : contact@zionstbarth.com.
7.2. Hidden defect warranty (see excerpts of the Civil Code and Consumer Code in Schedule 2)
Moreover, Zion Company is bound by a warranty against hidden defects affecting its Products which render it unfit for its intended use, or which limit use to such an extent that the Buyer would not have bought said products or would have paid a lower price if he had been aware thereof.
The Buyer benefits from a period of two years as from discovery of the hidden defect to take action.
In the event of implementation of the warranty against hidden defects, the Buyer can choose between cancellation of the sale or a reduction in the price.
In order to benefit from this warranty, the Buyer must provide dated proof of purchase of the product.
The Buyer can implement this warranty by informing Zion Company of the hidden defect by sending an email to our customer services at the following address : contact@zionstbarth.com.
7.3. Consideration of the BUYER's request
Zion Company undertakes, in light of the Buyer's request, to exchange or refund the Buyer for the product. In the event of a clear difference in the cost between two options, Zion Company will opt for the cheaper solution.
In the event of a return due to a defect, Zion Company refunds shipping costs upon presentation of the corresponding receipt and in any case at the rate in force. The refund is made on a pro-rata basis of the price of the product in question in the total order amount.
ARTICLE 8. RETURNS
Without prejudice to the provisions of the legal warranty, the Buyer has a period of 30 days from the date of receipt of their order to make a return request. Only items returned on time, in their original packaging, unwashed and unworn will be processed.
The Buyer notifies his decision to return its product(s) by means of a clearly worded statement by email to contact@zionstbarth.com.
Following is a model of return form letter the Buyer must send to our email address.
"I hereby inform you of the return of the product(s) below :
Name of the product(s)
Reason of return :
Ordered on :
Received on :
Customer name :
Customer address :
"
The Buyer must return the Product(s), at his own expense, in its / their original packaging and condition, along with the corresponding bill, to the following address:
Adrien LABUZAN
278 Av. Maréchal de Lattre de Tassigny
33200 Bordeaux
FRANCE
The Product(s) must be returned within 14 days from the return email notification.
The Buyer bears all risks related to this shipment. Zion Company will not be held liable in the case of loss, theft or delay in delivery of the returned Product(s).
Once the returned product(s) are received at our warehouse, the Buyer will receive by email a purchase credit equal to the amount of the Buyer's order to purchase new product(s) on our website.
ARTICLE 9. DATA PROTECTION
9.1. PERSONAL DATA AND COOKIES
Personal data
The Zion Company Privacy and Personal Data Policy can be accessed on its website at the following address : https://www.zionstbarth.com/privacy
Providing personal data in the context of remote sales is obligatory as this information is necessary for the processing and delivery or orders and issuing of bills. This information is strictly confidential and will not be communicated to third parties, with the exception, as may be relevant, of Zion Company partners and in particular the carrier. Failure to provide said information implies automatic refusal of the order.
The Buyer's bank details are not kept after the purchase. Your card number is never stocked by Zion Company.
Customers are entitled to request access to their personal data. To exercise this right, the Customer must send an email to Zion Company' customer services at the email address contact@zionstbarth.com.
Cookies
When consulting the Website, information regarding browsing on the Website on the Customer's device (computer, tablet, smartphone etc.) may be saved in files called cookies installed on the Customer's device, subject to the choices made by the Customer in this respect. These choices are notably the result of settings in the Customer's browser used when visiting the Website, which he can modify at any time. These cookies make it possible to recognize the browser during the validity period of the cookie in question.
Information regarding use of cookies by Zion Company can be accessed on its website at the following address : https://www.zionstbarth.com/privacy
9.2. WEB TAGS
Certain pages on the website may contain electronic images or "web tags" which enable us to count the number of visitors to the page or Website, and/or provide Zion Company with a certain number of indicators.
These web tags can be used with certain Zion Company partners, in particular in order to measure and improve visibility of certain pages and, in general, Website efficacy.
In any case, the information obtained via these tags is strictly anonymous and simply makes it possible to collect statistics on visits to certain Website pages in order to better serve Website users.
ARTICLE 10. MISCELLANEOUS PROVISIONS
10.1. FORCE MAJEURE
Zion Company will not be held liable for total or partial failure to perform its obligations under this agreement if this failure to perform is due to a force majeure event, recognized as such by case law.
The Parties agree to consult one another at the earliest opportunity in order to determine the conditions for the processing of the order during the force majeure period.
In the event of disruption for more than one month due to force majeure, the Parties will be released from their obligations towards one another.
10.2. ENTIRETY OF THE AGREEMENT
These terms of sale and the order summary sent to the Buyer constitute a contractual whole summarizing all agreements entered into between the parties.
10.3. STORAGE AND ARCHIVING OF TRANSACTIONS
The archiving of bills is carried out on a reliable, lasting medium in order to serve as a reliable, lasting copy.
10.4. GOVERNING LAW - COMPETENT COURTS – COMPLAINT POLICY
These terms of sale and the contractual relations between Zion Company and the Buyer are governed by French law.
For all additional information or if you have any reason to complain about our service, we invite you to contact us at the following email address contact@zionstbarth.com or by phone at +33 6 03 25 15 31.
In case a consumer dispute has not been settled after a prior written request to Zion Company’ customer services, you may submit complaints on the dispute resolution platform of the European Commission accessible through the following address : https://ec.europa.eu/consumers/odr/
In the absence of an amicable solution, the dispute will fall under the exclusive juridiction of the competent French Court.
ARTICLE 11. DELIVERY COUNTRIES
On the website https://www.zionstbarth.com, Zion Company ships to the following countries :
- Austria
- Belgium
- Bulgaria
- Cyprus
- Croatia
- Denmark
- Estonia
- Finland
- France
- Greece
- Hungary
- Italy
- Latvia
- Lithuania
- Luxembourg
- Malta
- Norway
- Poland
- Portugal
- Romania
- Czech Republic
- Slovakia
- Slovenia
- Sweden
- United Kingdom
SCHEDULE 1 : EXCERPTS FROM THE FRENCH CIVIL AND CONSUMER CODE
1. LEGAL GUARANTEE OF CONFORMITY UNDER THE FRENCH CONSUMER CODE
Article L. 217-4
The seller delivers an article in conformity with the agreement and answers for the defects in conformity existing during delivery.
It also answers for any non-conformity resulting from the packaging or assembly or installation instructions, when it was made liable for said elements under the agreement or they were carried out under its responsibility.
Article L. 217-5
The product complies with the contract :
1) If it is suitable for the intended use of a similar product and, as may be relevant :
- if it corresponds to the description given by the seller and features the properties that the latter specified to the buyer in the form of a sample or model;
- if it features the properties that a buyer can legitimately expect given the public declarations made by the seller, the manufacturer or its representative, in particular advertisements and labels;
2) If it features the properties defined by mutual agreement of the parties or if it is suitable for any special use sought by the buyer, of which the seller is made aware and which it accepts.
Article L. 217-12
Action based on a lack of conformity must be brought within two years as from delivery of the product.
2. HIDDEN DEFECTS GUARANTEE UNDER THE CIVIL CODE
Article 1641
The seller is bound by a warranty against hidden defects affecting the product sold which render it unfit for its intended use, or which limit use to such as extent that the buyer would not have bought said product, or would have paid a lower price if he had been aware thereof.
Article 1648
An action resulting from crippling defects must be brought by the buyer within two years as from discovery of the defect.