Find a resellerGeneral terms and conditions of sale for distance selling
These general terms and conditions shall apply to all orders of equipment (accessories and consumables included), whose references and prices are listed on the ZEFAL.COM web site, and which are placed with ZEFAL SA.
On placing such orders, the customer agrees to comply fully and without exception to these general terms and conditions of sale.
These general terms and conditions shall prevail over any special conditions contained in any document (including the order form) issued by the customer, unless ZEFAL SA has expressly given prior written consent.
Any clause or condition set out in any document issued by the customer (including the order form) which conflicts with these general terms and conditions, is expressly excluded.
ZEFAL SA will not be bound by any representation or other undertaking of any kind which is not included on the ZEFAL.COM web site, or by any provision not expressly approved in writing by ZEFAL SA.
1/ Orders
Orders must be placed with ZEFAL SA directly on the ZEFAL.COM web site.
2/ Delivery
The delivery periods stated on the ZEFAL.COM web site are standard delivery periods given on a purely indicative basis.
Where the order concerns several items, ZEFAL SA reserves the right to deliver the products in more than one consignment.
ZEFAL SA shall not be under any obligation in respect the above-mentioned delivery periods (and consequently the customer shall not be entitled to claim any liquidated damages and/or damages from ZEFAL SA) in the following circumstances:
a. Incomplete or inexact information given by the customer with his/her order,
b. Technical difficulties for which ZEFAL SA is not responsible,
c. Out of stock products,
d. Force majeure and other events beyond the control of ZEFAL SA.
If ZEFAL SA is unable to supply the product ordered, ZEFAL SA will inform the customer and offer him/her the choice of either a refund within thirty (30) days, of any sums already paid for the order in question, or the delivery of an equivalent product.
Delivery takes place when the item is left at the delivery address as specified by the customer.
Risk shall pass to the customer upon delivery.
On delivery of the order, the customer is responsible for checking the packaging and the contents of the package, and if necessary recording on the delivery note handed to the carrier his/her comments concerning apparent damage or whether anything is missing.
3/ Price - Payment
In accordance with the regulations in force, and in particular the tax regulations relating to distance selling for individuals, the prices listed on the web site are quoted inclusive of tax for individuals;
The prices listed on the ZEFAL.COM web site may be changed by ZEFAL SA at any time and without notice. The customer shall pay, without any deduction whatsoever, the total order price. The total price of the order means the price of the equipment and / or service ordered plus delivery and packing charges, as these prices and charges are indicated on the ZEFAL.COM web site at the date of the order.
Sums paid in advance do not constitute a returnable deposit. ZEFAL SA does not give discounts.
4/ Reservation of Title
All intellectual and industrial property rights in the equipment supplied by ZEFAL SA shall at all times remain vested in ZEFAL SA absolutely.
5/ Refund - exchange
The customer – if dealing as a consumer – is entitled within fifteen (15) days of the date of delivery of the equipment, to a refund of, or to exchange the equipment for a different model, subject to the return of the equipment to ZEFAL SA in its original condition and packaging, together with the invoice. Such refund or exchange will be made only on condition that the equipment has not been tailor-made to the consumer’s specifications or is not clearly personalised. All costs and risks of returning the equipment shall be borne by the customer. Returns with postage due will be refused.
Returns shall be sent to ZEFAL SA to the address specified on the delivery note.
Equipment that is returned either incomplete or damaged, or without its packaging and / or without its invoice, will be neither exchanged nor refunded by ZEFAL SA.
Refunds will be effected by bank transfer within thirty (30) days of receipt of the equipment by ZEFAL SA.
6/ Guarantee
The Products sold by Zéfal benefit from the legal guarantees in force.
The presentation of the paid invoice will be strictly required before any implementation of the Zéfal warranty. Interventions under the warranty shall not have the effect of extending the duration of the warranty. In order to benefit from the warranty, any Product must first be submitted to Zéfal for acceptance. Any shipping costs are to be paid by the Buyer.
In case of apparent defect or non-conformity of the delivered Products, duly noted by Zéfal under the conditions provided above, the Buyer may obtain a free replacement or reimbursement of the Products at Zéfal's discretion, excluding any compensation or damages.
The following are excluded: apparent defects, defects and deterioration caused by normal wear and tear, by an external accident (incorrect assembly, defective maintenance, abnormal use...), by the intervention of a third party, or by a modification of the Product not foreseen or specified by Zéfal.
Annex to Article D. 211‑2 of the Consumer Code
The consumer has a period of two years from the delivery of the goods to invoke the legal guarantee of conformity if a conformity defect appears. During this period, the consumer is only required to demonstrate the existence of the defect and not its date of appearance.
When the sales contract provides for the continuous provision of digital content or a digital service for more than two years, the legal guarantee applies to that digital content or service throughout the prescribed provision period. During this period, the consumer need only prove the existence of the conformity defect affecting the digital content or service and not when it appeared.
The legal guarantee of conformity obliges the professional to provide all necessary updates to maintain conformity of the goods, where applicable.
The legal guarantee of conformity grants the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without significant inconvenience.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair but the seller insists on replacement, the legal guarantee of conformity is renewed for two years from the date of replacement.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract with full refund upon returning the goods if:
- The professional refuses to repair or replace the goods;
- Repair or replacement occurs beyond thirty days;
- The repair or replacement causes significant inconvenience to the consumer, especially if the consumer bears the cost of returning or removing the non‑conforming goods or bears installation costs for the repaired or replaced goods;
- The non‑conformity persists despite the seller’s attempted remedy.
The consumer is also entitled to a price reduction or contract termination when the defect is so serious that immediate action is justified. The consumer is not required to request repair or replacement first.
The consumer is not entitled to terminate the purchase if the defect is minor.
Any period during which the goods are immobilised for repair or replacement suspends the running of the remaining guarantee period from delivery.
The rights above arise from Articles L. 217‑1 to L. 217‑32 of the Consumer Code.
A seller who maliciously obstructs enforcement of the legal guarantee of conformity faces a civil fine up to €300,000, which may be increased to up to 10 % of average annual turnover (Article L. 241‑5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for two years from discovery of the defect. This guarantee provides for a price reduction if the goods are retained or full refund upon return of the goods.
7/ Limitations on liability
The equipment offered on the ZEFAL.COM web site shall conform to the laws of the country in which the equipment is delivered, in force at the time of delivery. ZEFAL SA shall not be liable under any circumstances if the customer uses the equipment and / or service outside of that country and if such equipment does not conform with the law in force in that other country, it is the customer’s responsibility to ensure that the equipment shall comply, at his/her own cost, with all applicable laws and regulations in force in the country where the equipment is used or delivered.
Under no circumstances shall ZEFAL SA be liable for any indirect, and / or consequential, and /or non material and / or moral damage or loss and losses of any nature resulting from a claim against ZEFAL SA by the customer, due to losses suffered by third parties.
Furthermore, ZEFAL SA is released from any commitment to intervene within the announced timeframe in the event of force majeure or unforeseen circumstances (in particular: strike, riot, etc.).
8/ Applicable Law – Disputes
These general terms and conditions and the orders governed by them shall be governed by French law, excluding the provisions of the Vienna Convention on the International Sale of Goods.
The parties shall endeavour to settle amicably all disputes relating to the interpretation or execution of these general terms and conditions and of the orders governed by them. Subject to legal provisions, all disputes relating to these general terms and conditions and of the orders governed by them shall, in the absence of amicable settlement, be subject to the exclusive jurisdiction of the Courts of Paris.
ZEFAL SA
Société Anonyme au capital de 1 492 062 €
572 029 106 RCS ORLEANS
Siège social : ZI Les Cailloux
45150 JARGEAU - FRANCE
In the event of a dispute between the professional and the consumer, both parties will endeavor to find an amicable solution.
If no amicable agreement can be reached, the consumer has the option of referring the matter free of charge to the consumer mediator to which the professional belongs, namely AME CONSO, within one year of the written complaint addressed to the professional.
Referral to the consumer mediator must be made either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com; or by sending a letter to AME CONSO, 197 Boulevard Saint-Germain, 75007 Paris.
Data privacy policy
ZEFAL SA, the data controller, processes personal data for the management of contacts (customers and prospects) and requests for information. The data collected is essential for this management and is intended for the relevant departments of ZEFAL SA.
You are informed that the information you provide, in particular through the forms on the Zéfal website, is used to respond to your requests and is intended solely for ZEFAL SA for administrative and commercial management purposes.
In application of the French law on data processing and liberties of January 6, 1978, you have the right to question, access, rectify and oppose for legitimate reasons all data concerning you. This right can be exercised by mail, accompanied by a copy of your identity card.