Article 1: Purpose
Article 2: Acceptance of the general terms and conditions
Article 3: Completion of the sale
Article 4: Obligation to provide information
Article 5: Customer account
Article 6: Prices and payment methods
Article 7: Price adjustments during sales periods
Article 8: Delivery methods
Article 9: Non-availability of the goods ordered
Article 10: Article quality
Article 11: Legal guarantees
Article 12: Right of withdrawal
Article 13: Returns and complaints
Article 14: French Data Protection Act
Article 15: Intellectual Property
Article 16: Applicable law – language
Article 17: Liability limitations
Article 18: Disputes
Appendix 1: Delivery methods
The seller referred to by “we”, “us” or “Zespà Marais SARL” is:
Simplified joint stock company
Registered office: 88 rue de Courcelles 75008 Paris – France
R.C.S Paris: 510 393 119
Intracommunity VAT number: FR31 510 393 119
Telephone: 09 50 94 74 14
ARTICLE 1: PURPOSE
These general terms and conditions of sale (“GTCS”) apply without restriction or reservation to all the products proposed for sale by Zespà Marais SARL, registered in the Business and Companies’ Register, Paris, under number 510 393 119 and the company name “LA FABRIK”, whose registered office is at 88 rue de Courcelles, Paris (75008) and whose intracommunity VAT number is FR31 510 393 119.
Therefore, the fact that a natural person or legal entity (hereinafter referred to as the “Customer”) places an order on the Zespà Marais SARL Website implies full acceptance of these general terms and conditions of sale.
They may be accessed on the Website at any time and will prevail, where relevant, over any other version. These general terms and conditions take effect from the date shown at the top of this document.
Zespà Marais SARL reserves the right to modify certain elements of these general terms and conditions at any time. GTCS modifications are binding on users of the Website and Customers who have accepted them once they have been put online. In the event of a modification of these GTCS, the applicable version is the one in force on the Website at the moment when the Customer places the order.
ARTICLE 2: ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
A Customer who accepts the general terms and conditions of sale declares that he is capable of contracting under French law and, where relevant, declares that he is legitimately representing the person on behalf of whom he is making the commitment.
The Customer’s confirmation of the order implies acceptance of the general terms and conditions of sale. By completing the transaction, the user is indicating that he accepts these general terms and conditions without reservation.
Through this acceptance, the Customer acknowledges that, prior to placing an order, he has received enough information and advice from the Website and Zespà Marais SARL to ensure that the product(s) is/are appropriate to his needs.
ARTICLE 3: COMPLETION OF THE SALE
The sale is complete between the parties and the buyer assumes ownership of the article once he has paid for it, regardless of the delivery date.
Unless proven to the contrary, the data recorded by the Website constitutes proof of all actions, acceptance and transactions.
All orders entail acceptance of the article prices and descriptions as shown on the Website. If the Customer fails to pay, gives an incorrect address or lives in a country to which we cannot deliver, we reserve the right to suspend the order until the problem is resolved and will inform you of this suspension.
We will send you an email to confirm your order; this will contain a summary of the order and a link to these general terms and conditions and our FAQ.
ARTICLE 4: OBLIGATION TO PROVIDE INFORMATION
Zespà Marais SARL fulfils its duty to provide precontractual advice and information as defined in in article L. 221-8 of the Consumer Code and the articles to which it refers.
The essential characteristics of the articles are set out in the detailed description that accompanies the photographs of the articles which are provided for guidance purposes.
At the time of the order, the Customer is informed of the ex-VAT price of the product and all included taxes, along with the arrangements for delivery under the terms and conditions set out in this document.
Compliance with article L. 221-11 of the Consumer Code ensues from confirmation of the order.
ARTICLE 5: CUSTOMER ACCOUNT
The Website is freely accessible without the need for registration, but all orders require the Customer to register on the Website (set up a customer account).
These personal data are required to set up a customer account and to complete the sale.
Once you have confirmed the basket, you are asked to enter the delivery address and method and then to confirm the payment.
The Customer is responsible for providing full, accurate information and for updating it if necessary. It is prohibited to provide false individual information and to set up an account for another person without his/her authorisation.
ARTICLE 6: PRICES AND PAYMENT METHODS
The prices are shown as VAT-inclusive in France and the European Union, apart from the French Overseas Territories, where the prices are ex-VAT and the Customer is responsible for paying the taxes on delivery. Outside the European Union, the prices are ex-VAT and shown as DAP (Delivered at Place); in this case you will have extra charges to pay on receipt in accordance with the regulations in force in your country (VAT, customs duties). The articles are supplied at the prices in force at the moment the order was placed.
Payments may be made by bank card or PayPal (see the terms and conditions of use of the PayPal Service )
The prices are firm and may not be revised during their validity period as indicated on the date of the order. The prices may be revised for promotional offers or one-off operations.
Any reduction codes that are applied do not apply to delivery charges, apart from special “free delivery” vouchers. They may not be refunded.
The payment is collected immediately.
The information that you send us with your order and bank card payment is processed automatically by our partner PAYZEN (LYRA NETWORK – 109, rue de l’Innovation, 31670 Labège – France – email@example.com). The aim of this automatic data processing is to define a level of analysis of the transactions and to fight against bank card fraud and usurpation and fraudulent use of your identity.
PAYZEN and Zespà Marais SARL are the recipients of the data relating to your order. Your card number is never sent or used in its original form but is put through a secure coding and encryption system. The highest standards of security are used to store your data and all comply with the Payment Card Industry Data Security Standard (PCI DSS). You may refuse to have your data communicated, but this will prevent the completion and analysis of your transaction and we will be required to suggest another payment method.
If an outstanding debt occurs due to the fraudulent use of a bank card, the details relating to your order associated with this outstanding debt will be recorded in a payment incident file. An irregular declaration or an anomaly may also be given special treatment.
According to the information provided by the order analysis system, we may contact you to ask you to provide further information. The provision of this information is an absolute precondition to the conformation of your order.
As part of the fight against bank card fraud, Zespà Marais SARL’s customer services may carry out visual checks on payment methods before products are dispatched. Payments are secured by the 3D-Secure system.
Finally, we reserve the right to decide on a maximum order total, which may vary according to the country from which the order is sent and/or to which the product(s) is/are shipped.
ARTICLE 7: PRICE ADJUSTMENTS DURING SALES PERIODS
If an article has been purchased within 7 days of the start of a sales or promotional period, Zespà Marais SARL may, at the Customer’s express request, credit the difference in price to the Customer account in the form of a credit. This credit will be granted as long as the product, including the size, is still available for sale on the Website at the time of the Customer’s request. The credit will be valid for 12 months following its approval date.
No price reduction will be offered for any article bought in the sales or at a reduced price or for which a promotional code has been used.
ARTICLE 8: DELIVERY METHODS
Please refer for guidance to Appendix 1 of the GTCS, which sets out the different methods, prices and times for delivering Zespà products worldwide.
The products are delivered by Colissimo to the address provided by the Customer at the time of the order or to a Pick-up Point by Chronopost.
The Customer is responsible for checking the condition of the delivered product in the carrier’s presence. He should write any reservations relating to damaged or missing products on the delivery note or transport receipt and even refuse delivery of the product, in which case he must inform Zespà Marais SARL.
You have the choice between “standard” or “express” delivery to the address indicated, the cost of which is shown at the time of the order.
For Metropolitan France, delivery is free for orders worth 200€ and over.
For other destinations, an estimate for delivery charges will be drawn up at the time of the order.
The delivery times that are given are dependent on Zespà Marais SARL’s and its partners’ supply and delivery capacity.
If an ordered product is not delivered on the date or by the expiry of the period mentioned at the time of the order, the Customer may, having unsuccessfully demanded that Zespà Marais SARL perform its delivery obligation within a reasonable extended period, cancel the contract in a letter sent by recorded delivery or in writing via another durable medium.
Unless stated otherwise by law or in these GTCS, late deliveries may not give rise to the payment of damages or compensation of any kind whatsoever.
ARTICLE 9: NON-AVAILABILITY OF THE GOODS ORDERED
If the article ordered is exceptionally no longer available, the buyer may either exchange it for another article or ask for an immediate refund, which will take place within thirty days at the latest of the payment he has made.
ARTICLE 10: ARTICLE QUALITY
The quantity and quality of the delivered articles is that fixed at the time of the order.
Zespà Marais SARL reserves the right to change the article to be delivered in such cases as are described in article L. 212-4 of the Consumer Code, i.e. where these changes are linked to a technical evolution and do not generate a price increase or a deterioration in the quality of the product, it being understood that the consumer is free to mention the characteristics that are the precondition for his commitment.
The articles sold by Zespà Marais SARL are guaranteed new in accordance with the law in force and have in no circumstances been previously used. Zespà Marais SARL may in no circumstances guarantee the quality of or be liable for the subsequent sale of its articles between private individuals.
Unless stated otherwise, if the Customer has any problem concerning the product he has ordered, he must return it in its original condition, unworn. If the product has already been worn, Zespà Marais SARL reserves the right to refuse the return, unless the law states otherwise.
ARTICLE 11: LEGAL GUATANTEES
The legal guarantee of conformity and the guarantee against hidden defects set out below for customers acting as consumers assume that the articles are used normally in accordance with acceptable practices. They apply over and above any commercial guarantee.
We recommend that the Customer checks the product on delivery and, if the delivered product is non-compliant (product error, faulty, damaged or incomplete product,), expresses his reservations in writing three (3) days at the latest following the delivery. If the buyer detects a non-compliance or hidden defect, he should return the faulty article to Zespà Marais SARL in accordance with the returns and complaints policy. The legal deadlines will apply in all cases.
You have a period of two years from the date of delivery of the article in which to invoke the legal guarantee of conformity. In this case, you may choose between repair or replacement. However, we may not proceed in accordance with your choice if that choice entails a cost that is clearly disproportionate to the other arrangement, considering the value of the article or the extent of the defect.
You are not obliged to provide proof of the existence of a non-compliance in the article during the first twenty-four (24) months following delivery.
You may also decide to invoke the hidden defect guarantee relating to sold goods as described in article 1641 of the Civil Code reproduced below. In this case, you may ask for the sale to be cancelled or for a reduction in the sales price, in accordance with article 1644 of the Civil Code.
In all cases, the article in question may undergo an examination by the manufacturer.
Reproduction of the legal provisions:
– Article L. 217-4 of the Consumer Code: The seller must deliver merchandise that complies with the contract and is liable for any non-compliances that exist on delivery. He is also liable for any non-compliances resulting from the packaging or the assembly or installation instructions where these are indicated in the contract as being his responsibility or are carried out under his responsibility.
– Article L. 217-5 of the Consumer Code: The merchandise complies with the contract:
1. If it is suitable for the purpose usually associated with such a product and, where applicable:
– if it matches the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
– if it has the qualities a purchaser is legitimately entitled to expect given the public declarations made by the seller, the manufacturer or its representative, particularly in advertising or labelling;
2. Or if it has the characteristics jointly agreed upon by the parties or is suitable for any special use required by the purchaser and brought to the seller’s attention and accepted by the seller.
– Article L. 217-12 of the Consumer Code: Action taken for defects is subject to a statute of limitation of two years starting from when the goods are supplied.
– Article L. 217-16 of the Consumer Code: when the buyer requests that the seller, within the course of the commercial warranty granted to it during acquisition or repair of personal property, carry out a repair as covered under the warranty, immobilisation periods of at least seven days will be added to the duration of the remaining warranty. This period runs from when the buyer requests intervention or from the provision for repair of the item in question, if this provision comes after the request for intervention.
– Article 1641 of the Civil Code: The guarantee is binding on the seller for hidden defects in the item purchased which make it unfit for the purpose for which it was intended or which reduce such use to the point where the purchaser would not have bought it or would have paid a lower price had he been aware of them.
– Article 1648 section 1 of the Civil Code: Where a defect renders an item useless, the purchaser must initiate proceedings within two years of discovering the defect.
ARTICLE 12: RIGHT OF WITHDRAWAL
You have the right to withdraw from the contract, without having to give any reason, within a period of fourteen (14) days.
The withdrawal period expires fourteen (14) days from the day on which you (or a third party, other than the delivery service, whom you have nominated) physically take possession of the Product.
To exercise your right of withdrawal, you must notify us (Zespà Marais SARL / LA FABRIK – 88 rue de Courcelles 75008 Paris, France) of your decision to withdraw from the Contract via an unambiguous statement (for example, a letter sent by post, fax or email). You can use the withdrawal template shown in the box below but this is not compulsory.
In order to withdraw within the allowed period, simply send your message relating to the exercise of your right of withdrawal before the withdrawal period ends.
The burden of proof of the exercise of the right of withdrawal lies with the Customer.
If you withdraw from this contract, we will refund you all payments received from you, including delivery charges (except if you chose a means of delivery other than the cheapest standard delivery option offered by us) without excessive delay and, in any case, at the latest within fourteen (14) days of the day on which we are informed of your decision to withdraw from the contract.
We will process the refund using the same means of payment that you used for the initial transaction, unless you expressly agree to the use of a different means of payment; in all cases, you will not incur any costs for this refund. We may delay the refund until we have received the Product or until you have provided proof of sending the Product, the relevant date being that on which the first of these events occurs.
In accordance with articles L. 221-18 and following of the Consumer Code, the withdrawal period is 14 days. It runs from the day after you have received the article. In the case of an order concerning several articles delivered separately or of an order for a product made up of lots or multiple parts for which delivery is staggered over a defined period, the period will run from the date of receipt of the last article or lot/part.
You must return or hand over the goods to us without excessive delay, and in any case, within fourteen (14) days of having communicated your decision to withdraw from the contract. You are considered to have acted within the time period allowed if you have sent the product back before the fourteen (14) days have elapsed. The following article sets out the arrangements for returning the articles.
We will cover the cost of returning the merchandise.
|For the attention of Zespà Marais SARL (LA FABRIK)|
88 rue de Courcelles 75008 Paris – France
I hereby notify you of my withdrawal from the contract relating to the sale of the goods below:
– Order number:
– Article concerned:
– Ordered on:
– Received on:
– Consumer name:
– Consumer address:
– Delivery address, if different:
– Consumer signature:
ARTICLE 13: RETURNS AND COMPLAINTS
The Customer must send any complaints to Zespà Marais SARL as soon as possible and, if possible, on the day of delivery, by email at: firstname.lastname@example.org.
Unless stated otherwise in this document or by virtue of the law (legal guarantees, exercise of the right of withdrawal), complaints made more than 3 working days after delivery may not be accepted.
If an article has been worn and/or used, Zespà Marais SARL may refuse the return and/or will have the right to demand financial compensation. The products covered by the legal guarantees must, in principle, be returned new, complete and in their original condition and packaging.
Subject to any contrary legal provisions, if the Customer does not make a complaint or express reservations under the terms and conditions set out in this document, it will be considered that the delivered article is satisfactory and may not be the subject of any subsequent dispute.
The products must be returned in good condition and in their original packaging, to which should be added packing materials to cover the entire product; they must show no trace of use and must be accompanied by their accessories; they must be accompanied by proof of the return request and/or the exercise of the right of withdrawal.
In Metropolitan France and Monaco, Zespà Marais SARL will cover the cost of the return by supplying a pre-paid Colissimo voucher (sent in the package or requested via My account/My orders/Making a return) or organising a courier pick-up in Paris.
Outside France, the Customer will be responsible for organising the means of return on his own initiative, at his convenience and at his own expense. If you wish to return your international order, please go through the following stages:
- Remove the documents from the transparent wallet attached to the packaging of your delivery.
- Find the sheet headed “Customs Declaration / CN23”
- Tick the “Goods return” box
- Put the documents back in the transparent envelope
- Send your package via your local post office (you must pay the postage costs)
ZESPA reserves the right to refuse to accept an international return if the sender does not follow the stages set out above. In this case, it will be returned to the sender.
Please send your return to the following address only:
Sauerbrei Logistics France
11 Rue de la Marne
77400, Saint Thibault-des-Vignes
For the attention of Arnaud
In all cases, Zespà Marais SARL will not refund the payments it has received for the returned articles, except for the initial shipping costs, until it has verified that the conditions for exercising the guarantees and rights and the return conditions have been met.
If this is not the case, no refund will be paid and the Customer will remain the owner of the product, which he may collect from Zespà Marais SARL’s registered office with a maximum of one month.
In the event of a partial return of an order for which the initial total justified free delivery, Zespà Marais SARL will deduct the carriage costs for the articles retained by the Customer from the amount refunded as a contribution towards the shipment of the products.
ARTICLE 14: FRENCH DATA PROTECTION ACT
In accordance with Law 78-17 of 6 January 1978 revised by Law 2018-493 of 20 June 2018, you have the right to access and correct any data concerning you. We may send your address to third-party partners of Zespà Marais SARL, but only if you have given your initial consent at the time of registering.
You may therefore receive proposals from other companies.
If a customer fails to enter a reply in a mandatory data field required to manage an order or a request, Zespà Marais SARL cannot be held liable if it is unable to fulfil its obligations.
Anyone who is concerned by a processing operation has the right to lodge a complaint with the “Commission Nationale Informatique et Libertés” (CNIL – National Data Protection Commission).
ARTICLE 15: INTELLECTUAL PROPERTY
All the texts, comments, works, illustrations and images, visual or sound, reproduced on the website www.zespa.fr and www.zespa.com are protected by copyright, trademark law, design law, patent law and image rights worldwide. They are fully owned by Zespà Marais SARL.
As such, and in accordance with the provisions of the Intellectual Property Code, only usage for private purposes is authorised, subject to the different and more restrictive provisions of the Intellectual Property Code. Any other form of use constitutes an act of counterfeit and is punishable under the laws governing Intellectual Property .
In all cases, Zespà Marais SARL remains the owner of the tools, methods and know-how developed while designing and manufacturing the articles sold on the Website.
ARTICLE 16: APPLICABLE LAW-LANGUAGE
These general terms and conditions of sale and all the buying and selling transactions referred to within them are governed by French law. They are drawn up in French. If they are translated into one or more languages, only the French text will prevail in the event of a dispute.
The fact that a clause in the contract is declared null and void does not mean that the general terms and conditions of sale become null and void.
The fact that Zespà Marais SARL does not temporarily or permanently apply one or more clauses of the general terms and conditions of sale does not imply that the company has renounced its right to apply the other clauses in this document, which continue to produce their effects.
ARTICLE 17: LIABILITY LIMITATIONS
Article L. 221-15 of the Consumer Code states that Zespà Marais SARL, as a professional, is liable to the consumer as of right for the proper performance of the obligations arising out of the contract concluded at a distance, that these obligations are to be performed by Zespà Marais SARL or by other service providers without prejudice to its right of recourse against them. But Zespà Marais SARL is exonerated from all liability if it can provide evidence that the non-performance or poor performance of the contract could be ascribed to either the customer, the unforeseeable and insurmountable actions of a third party to the contract or a case of force majeure.
Furthermore, Zespà Marais SARL may in no circumstances be held liable for any technical or software failure beyond its control. Zespà Marais SARL’s liability is expressly limited to compensation for the direct damage proved by the Customer. Vis-à-vis trade customers, the Company’s liability is limited to the price paid by the Customer for the sale.
In no circumstances may the Company be held liable for any indirect damage such as loss of data or files, operating losses, commercial prejudice, loss of profits or damage to image or reputation. Zespà Marais SARL may not be held liable for any disputes that may arise between the Customer and third parties.
The customer has sole liability for the way in which he interprets the information provided on the products and in these general terms and conditions of sale.
Zespà Marais SARL may not be held liable to the Customer for failure to perform its obligations due to a “force majeure” event. The following are considered to be “force majeure” events, in addition to those usually recognised in case law in the French courts (this list is not comprehensive): strikes and social conflicts internal or external to the seller and his service providers, including the postal services, natural disasters, fire, telecommunications breakdowns, power cuts, breakdown in communications or transport systems of all types, or any other circumstance beyond Zespà Marais SARL’s reasonable control.
In these cases, Zespà Marais SARL reserves the right to change the planned delivery times without the Customer having the right to demand compensation. The Customer will be informed in reasonable time of any difficulties encountered and, where possible, of how long they may last, so that he may decide whether or not to complete the sale or, where applicable, exercise his right of withdrawal.
ARTICLE 18: DISPUTES
In the event of a dispute, the Customer should first of all approach Zespà Marais SARL to obtain an amicable solution. Complaints or disagreements will always be received with considerate attention and it will always be assumed that a person who takes the trouble to explain such situations is acting in good faith. Please refer to our Frequently Asked Questions if you have any concerns.
In all cases, the Customer should approach Zespà Marais SARL to obtain an amicable solution.
In the event of difficulties in applying this contract, the Customer also has the option, before taking legal action, of seeking the advice of a Consumer Ombudsman: you will find contact details on https://www.economie.gouv.fr/mediation-conso.
The Ombudsman will attempt in complete independence and impartiality to bring the parties together to reach an amicable solution. The parties remain free to accept or refuse the use of mediation and, if they do choose mediation, to accept or refuse the solution proposed by the Ombudsman.
In this context, any European consumer may also contact the Online Dispute Resolution (ODR) Platform which may be accessed via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Please note that the search for an amicable solution does not suspend the “brief period” of the legal guarantee or the duration of the contractual guarantee.
As a general rule and subject to the interpretation of the courts, compliance with the provisions of this contract relating to guarantees assumes that the Customer honours his financial commitments towards the seller.
IN THE EVENT OF A DISPUTE BETWEEN A TRADE CUSTOMER AND ZESPA MARAIS SARL, THE PARIS COURTS WILL HAVE SOLE JURISDICTION.
APPENDIX 1: DELIVERY METHODS
|ZONE||Standard Delivery||Express Pick-up Point Delivery||Express Delivery|
|France* & MONACO||Free (via Colissimo) ***||5€ incl. VAT (via Chronopost)||10€ incl. VAT (via Chronopost)|
|Delivery time: D+2 **||Delivery time: D+1**||Delivery time: D+1 **|
Zone 1 & 2
|5€ incl. VAT (via Colissimo)||8€ incl. VAT (via Chronopost)||10€ incl. VAT (via Chronopost)|
|Delivery time: D+3/D+7**||Delivery time: D+2**||Delivery time: D+2**|
|12€ incl. VAT (via Chronopost)||*Metropolitan France|
**Average delivery times observed among our different partners
*** For orders worth over 200 euros.
|Delivery time: D+3/D+5**|
12€ incl. VAT (via Colissimo)
|Delivery time: D+3/D+7**|
|INTERNATIONAL EXPORT Zone 5||20€ ex-VAT (via Colissimo)|
|Delivery time: D+5/D+8**|
EUROPE – Zone 1 & 2: Germany, Austria, Belgium, Spain, Ireland, Italy, Luxembourg, Netherlands, Portugal, United Kingdom
EUROPE – Zone 3: Bulgaria, Denmark, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Poland, Rumania, Czech Republic, Slovakia, Slovenia, Sweden
EUROPE – Zone 4: Cyprus, Croatia, Iceland, Malta, Norway, Switzerland
INTERNATIONAL EXPORT – Zone 5: Australia, Canada, China, South Korea, United States (USA), Hong Kong, Israel, Japan, Singapore