These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by a natural person (hereinafter the "CLIENT") on the www.zealande.com website from ZEALANDE, SASU registered in the Trade and Companies Register RCS842869620 under number RCS842869620, having its registered office at 317 Lieu-dit Les Bouriettes - 33880 Cambes - FRANCE, e-mail : firstname.lastname@example.org
Any order placed on the Site necessarily implies the CLIENT's unreserved acceptance of these general conditions.
The terms used below have the following meanings in these General Terms and Conditions:
These General Conditions govern the sale by ZEALANDE to its CLIENTS of the PRODUCTS.
The CLIENT is clearly informed and acknowledges that ZEALANDE is intended for consumers and that professionals must contact the ZEALANDE sales department in order to benefit from separate contractual conditions.
The CLIENT undertakes to read these General Conditions carefully and accept them, before proceeding to the payment of an order for PRODUCTS placed on the ZEALANDE website.
These General Conditions are referenced at the bottom of each page of the ZEALANDE website by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print and keep a copy of the General Conditions.
ZEALANDE advises the CLIENT to read the General Terms and Conditions with each new order, the latest version of which applies to all new orders for PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
To be able to purchase a PRODUCT, the CLIENT must be at least 18 years old and have legal capacity or, if he is a minor, be able to prove the agreement of his legal representatives.
The CLIENT will be asked to provide information allowing him/her to be identified by completing the form available on the website. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by ZEALANDE. The CLIENT can check the status of his order on the website. The tracking of DELIVERIES can, if necessary, be done using the online tracking tools of some carriers. The CLIENT may also contact the ZEALANDE sales department at any time by e-mail at email@example.com to obtain information on the status of his order.
The information that the CLIENT provides to ZEALANDE when placing an order must be complete, accurate and up to date. ZEALANDE reserves the right to ask the CLIENT to confirm, by any appropriate means, its identity, eligibility and the information provided.
5.1 Product characteristics
ZEALANDE undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the site) and the mandatory information that the CLIENT must receive under applicable law.
The CLIENT undertakes to read this information carefully before placing an order on the site.
Unless otherwise expressly indicated on the website, all PRODUCTS sold by ZEALANDE are new and comply with European legislation in force and the standards applicable in France.
5.2. Ordering procedure
PRODUCTS orders are placed directly on the site. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's start page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CLIENT must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the characteristics and quantities desired. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The latter can then add to his basket as many PRODUCTS as he wishes.
5.2.2. Ordering information
Once the PRODUCTS have been selected and placed in his basket, the CLIENT must click on the basket and check that the content of his order is correct. If the CLIENT has not yet done so, he will then be asked to identify himself or register.
Once the CLIENT has validated the contents of the basket and has identified / registered, an online form will appear to the CLIENT automatically completed and summarizing the price, applicable taxes and, if applicable, delivery charges.
The CLIENT is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the invoicing address, the means of payment and the price) before validating its content.
The CLIENT may then proceed to the payment of the PRODUCTS by following the instructions on the site and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CLIENT must also select the delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the site to acknowledge receipt of the CLIENT's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated via the registration form is correct.
ZEALANDE does not send any order confirmation by post or fax.
During the ordering procedure, the CLIENT must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CLIENT's order to be processed by ZEALANDE).
In particular, the CLIENT must clearly indicate all information relating to the DELIVERY, in particular the exact address of the DELIVERY, as well as any access code to the address of the DELIVERY.
The CLIENT must also specify the payment method chosen.
Neither the order form that the CLIENT draws up online, nor the acknowledgement of receipt of the order that ZEALANDE sends to the CLIENT by e-mail, shall constitute an invoice. Whatever the method of order or payment used, the CLIENT will receive the original invoice by email after his ORDER.
5.3. Date of the order
The order date is the date on which ZEALANDE acknowledges receipt of the order online. The deadlines indicated on the site only start to run from this date.
For all PRODUCTS, the CLIENT will find on the website prices displayed in euros all taxes included, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the delivery address and the carrier or mode of transport chosen).
For sales in France, prices include in particular value added tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may impact the price of PRODUCTS as of the effective date of the new rate.
For foreign countries, prices do not include import taxes, customs duties and taxes collected by the country of destination (cf. article 5.5).
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of ZEALANDE's suppliers are subject to change. As a result, the prices indicated on the site may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, unless there is a gross error. The applicable price is the one indicated on the site on the date the order is placed by the CLIENT.
5.5. Customs, Duties and Taxes
You are responsible for ensuring that the product can be legally imported into the destination country. When ordering on the ZEALANDE website, the CLIENT is the official importer and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside the European Community may be subject to import taxes, customs duties and taxes collected by the destination country. The recipient of an international shipment may be subject to import taxes, duties and taxes that are levied once the shipment reaches the destination country. Additional customs clearance costs must be borne by the CLIENT; we have no control over these costs and cannot predict what they may be.
Customs policies vary greatly from country to country, you should contact your local customs office for more information. When customs clearance procedures are necessary, they may cause delays beyond our delivery estimates.
5.6. Availability of PRODUCTS
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by ZEALANDE.
In any event, if the unavailability has not been indicated at the time of the order, ZEALANDE undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, ZEALANDE may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for unavailable PRODUCTS at the latest within thirty (30) days of payment.
The terms and conditions of the right of withdrawal are set out in the "Retraction Policy", a policy available in Appendix 1 hereof and accessible at the bottom of each page of the site via a hypertext link.
7.1. Payment methods
The CLIENT may pay for its PRODUCTS online on the site using the methods proposed by ZEALANDE.
The CLIENT guarantees ZEALANDE that it holds all the authorisations required to use the chosen means of payment.
ZEALANDE will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of the online payment on the site.
It is hereby specified that all payment information provided on the site is transmitted to the site bank and is not processed on the site.
7.2. Payment date
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as PRODUCTS are ordered on the site.
In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CLIENT decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Conditions.
7.3. Delay or refusal of payment
If the bank refuses to charge a card or other means of payment, the CLIENT must contact ZEALANDE Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
Any contract concluded with the CLIENT corresponding to an order for an amount exceeding 120 euros including VAT will be archived by ZEALANDE for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
ZEALANDE agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, ZEALANDE will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ZEALANDE remains the owner of the PRODUCTS delivered until they have been fully paid for by the CLIENT.
The above provisions shall not prevent the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS covered by the reservation of ownership, as well as the risks of damage that they may cause.
The terms and conditions for DELIVERY of the PRODUCTS are set out in the "delivery policy" referred to in Annex 2 hereto and accessible at the bottom of each page of the site via a hypertext link.
PRODUCTS will be packed in accordance with current transport standards, in order to guarantee maximum protection for PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Annex 1 - Retraction Policy.
In addition to the commercial guarantees that ZEALANDE may offer for certain PRODUCTS, any Customer benefits from "legal" guarantees for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the Consumer Code.
Article 12.1. Compliance guarantee
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 shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter 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 good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, if applicable : - if it corresponds to the description given by the seller and possesses the qualities that the latter has presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Or if it presents 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 that the latter has agreed".
The SELLER is likely to be liable for any lack of conformity existing at the time of delivery and for any lack of conformity resulting from the packaging, assembly instructions or installation where the latter has been charged to him or has been carried out under his responsibility.
The action resulting from the lack of conformity is prescribed two (2) years after the PRODUCT is issued (Article L.217-12 of the Consumer Code)
In the event of lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is clearly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the option chosen by the CLIENT.
In the event that replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 317 Lieu Dit Les Bouriettes - 33880 Cambes - France.
Finally, the CLIENT is exempted from providing proof of the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following the issuance of the PRODUCT except for second-hand goods for which this period is set at six (6) months. (Article L. 217-7 of the Consumer Code).
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if any, on the PRODUCTS.
Article 12.2 Guarantee against hidden defects
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold that make it unfit for the use for which it is intended, or that reduce this use to such an extent that the CLIENT would not have acquired it, or would have given only a lower price, if he had known them. (Article 1641 of the Civil Code)
This warranty allows the CLIENT who can prove the existence of a hidden defect to choose between the refund of the PRODUCT price if it is returned or the refund of part of its price if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address:
Zealande - 317 Lieu-dit Les Bouriettes - 33880 Cambes - FRANCE. The action resulting from the fundamental defects must be brought by the CLIENT within two (2) years of the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
ZEALANDE shall in no event be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CLIENT, in particular during the entry of its order.
ZEALANDE may not be held liable, or considered to have failed to comply herewith, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.
It is also specified that ZEALANDE does not control websites that are directly or indirectly linked to the site. Consequently, it excludes any liability for the information published in it. Links to third party websites are provided for information purposes only and no warranty is given as to their content.
ZEALANDE's liability shall not be applicable if the failure or delay in the performance of any of its obligations described in these GTC results from a case of force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.
If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
In this respect, ZEALANDE may not be held liable in particular in the event of an attack by hackers, unavailability of equipment, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond ZEALAND's control occurring after the conclusion of the GTC and preventing performance under normal conditions.
It is specified that, in such a situation, the CLIENT may not claim any compensation and may not bring any action against ZEALANDE.
In the event of one of the above-mentioned events, ZEALANDE will endeavour to inform the CLIENT as soon as possible.
ZEALANDE provides the CLIENT with a "CLIENT Telephone Service" at the following number: +33664042975 (number not surcharged). Any written complaint from the CLIENT must be sent to the following address: ZEALANDE - 317 Lieu-dit Les Bouriettes - 33880 Cambes - FRANCE.
All visual and audio elements of the site, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of ZEALANDE. Anyone who publishes a website and wishes to create a direct hypertext link to the site must request ZEALAND's written permission.
This authorisation from ZEALANDE will under no circumstances be granted definitively. This link shall be deleted at the request of ZEALANDE. Hypertext links to the site using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the site and its content, by any means whatsoever, without the express prior authorisation of ZEALANDE, is prohibited and shall constitute an infringement punishable by Articles L. 335-2 et seq. and Articles L. 713-1 et seq. of the Intellectual Property Code.
Acceptance of these GTCs constitutes recognition by the CLIENT of ZEALANDE's intellectual property rights and an undertaking to respect them.
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Such modification or decision shall in no way entitle CUSTOMERS to disregard these General Terms and Conditions.
Any terms and conditions not expressly provided for herein shall be governed in accordance with the practice of the retail trade sector, for companies whose registered office is located in France.
These General Terms and Conditions apply to all online purchases made on the site, as long as the site is available online.
The General Conditions are precisely dated and may be modified and updated by ZEALANDE at any time. The applicable General Conditions are those in force at the time of the order.
The modifications made to the General Conditions will not apply to PRODUCTS already purchased.
THESE GENERAL TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION.
However, prior to any recourse to the arbitral or state judge, the CLIENT is invited to contact ZEALANDE's complaints department.
If no agreement is reached or if the CLIENT justifies having previously attempted to resolve his dispute directly with ZEALANDE by a written complaint, then an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any dispute relating to this contract, including its validity.
To initiate this mediation, the CLIENT may contact the ZEALANDE mediator: FCD (Fédération du Commerce et de la Distribution), whose contact details are: 12, RUE EULER 75008 PARIS - Tel. 01 44 43 99 00 - FAX 01 47 20 53 53
and which can be entered via this link: https://mediateur.fcd.fr/.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict
As mediation is not mandatory, the CLIENT or ZEALANDE may withdraw from the process at any time.
IN THE EVENT THAT THE MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO A MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT INDICATED ABOVE.
The CLIENT has the right to withdraw from the contract by returning or returning the PRODUCT to ZEALANDE.
To this end, the PRODUCT must be returned or returned without undue delay, and at the latest within fourteen (14) days following the communication of its decision to withdraw, unless ZEALANDE proposes to recover the PRODUCT itself.
In accordance with Article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the PRODUCT.
In the event that the CLIENT has ordered several PRODUCTS via a single order resulting in several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period shall expire fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the last PRODUCT delivered.
If the CLIENT's order covers several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the last PRODUCT.
To exercise its right of withdrawal and in accordance with Article L. 221-21 of the Consumer Code, the CLIENT must notify its decision to withdraw by means of an unambiguous statement (e. g. letter sent by post or e-mail) to : 317 Lieu Dit Les Bouriettes - 33880 Cambes - France or firstname.lastname@example.org.
He can also use the form below:
To the attention of: ZEALANDE
Telephone number: +3366404042975
E-mail address: email@example.com
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
Invoice number :
Order form number:
- Ordered on[________________]/received on[________________].
- Method of payment used:
- Name of the CLIENT and, if applicable, of the beneficiary of the order:
- CLIENT's address:
- Delivery address :
- CLIENT's signature (except in the case of transmission by e-mail)
In order for the withdrawal period to be respected, the CLIENT must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CLIENT, ZEALANDE undertakes to refund all sums paid, including delivery costs (with the exception of additional costs resulting, where applicable, from the CLIENT's choice of a delivery method other than the standard delivery method proposed by ZEALAND) without undue delay and, in any event, at the latest fourteen (14) days from the day on which ZEALANDE receives the returned PRODUCT (Article L.221-24. of the Consumer Code).
ZEALANDE will refund using the same method of payment as the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different method, in any event, this refund will not incur any costs for the CLIENT.
ZEALANDE is not required to reimburse the additional costs if the CLIENT has expressly chosen a more expensive delivery method than the standard delivery method offered by ZEALANDE.
ZEALANDE may defer the refund until receipt of the goods or until the CLIENT has provided proof of shipment of the goods, whichever comes first.
The CLIENT shall, without undue delay and in any event not later than fourteen (14) days after notification of its decision to withdraw from this contract, return the goods to : 317 Lieu-dit Les Bouriettes - 33880 Cambes - FRANCE.
This deadline is deemed to have been met if the CLIENT returns the property before the expiry of the fourteen (14) day deadline.
The CLIENT shall bear the direct costs of returning the property.
In the event that the weight of the PRODUCT prevents the CLIENT from returning the PRODUCT by post, the CLIENT shall bear the direct costs of returning the goods.
The PRODUCT must be returned in accordance with ZEALANDE's instructions and include all accessories delivered.
The PRODUCT may have been assembled but not worn, damaged, cut, altered, or stained so that the right of retraction or exchange is accepted.
The CLIENT shall only be liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CLIENT has the possibility to assemble the PRODUCT but his responsibility can be engaged if he carries out manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods made according to the CLIENT's specifications or clearly personalised such as individual nubuck pouches which can be personalised by hot stamping in silver, gold or embossed.
The PRODUCTS offered can only be delivered to the countries accepted when the order is validated.
It is impossible to place an order for any delivery address located in a country where we refuse to deliver.
PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the ordering process.
The deadlines for preparing an order and then issuing the invoice, before shipping the PRODUCTS in stock are mentioned on the website. These deadlines are exclusive of weekends or public holidays.
An electronic message will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the electronic address given in the registration form is correct.
Delivery times & Costs
During the ordering process, ZEALANDE informs the CLIENT of the possible delivery times and shipping options for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method.
The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased except for France where delivery charges are offered.
The details of delivery times and costs are detailed on the website.
In the absence of any indication or agreement as to the delivery date, ZEALANDE shall deliver the PRODUCT without undue delay and at the latest thirty (30) days after the conclusion of the contract. (Article L. 216-1 of the Consumer Code).
Terms of Delivery
The package will be delivered to the CLIENT against signature and/or upon presentation of an identity document.
In case of absence, a notice of passage will be left to the CLIENT, in order to allow him to pick up his package in his post office.
The CLIENT is informed of the delivery date set at the time he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CLIENT must give ZEALAND formal notice to deliver within a reasonable time and in the event of non-delivery within this time, it may terminate the contract.
ZEALAND will refund, without undue delay from the receipt of the termination letter, to the CLIENT the total amount paid for the PRODUCTS, including taxes and shipping costs, using the same method of payment as that used by the CLIENT to purchase the PRODUCTS.
ZEALAND is responsible until the PRODUCT is delivered to the CLIENT. It is recalled that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted at the time of delivery.
Date of last update 29/11/2018