General 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.
Orders must be placed with ZEFAL SA directly on the ZEFAL.COM web site.
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. Default by ZEFAL SA’s suppliers or carriers,
e. 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.
The equipment is guaranteed (components and labour) by ZEFAL SA against all manufacturing defects for a period of twelve (12) months from the date of delivery. During this guarantee period, all faulty products will be exchanged free of charge by ZEFAL SA.
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 shall be under no liability to make any delivery or conduct any work in the case of default by ZEFAL SA’s suppliers, force majeure and other events beyond the
control of ZEFAL SA (such as, but not limited to, strikes, riots, ..).
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.
Société Anonyme au capital de 1 492 062 €
572 029 106 RCS ORLEANS
Siège social : ZI Les Cailloux
45150 JARGEAU - FRANCE