Article 1 Preamble and contact
1.1 Preamble
These general terms and conditions of sale apply exclusively between the sole proprietorship ZELLEF (hereinafter “We”) and any person visiting or making a purchase via the website https://zelzarr.fr/ (hereinafter “You”). They also contain the ZELLEF warranty policy.
Any internet user can read the general terms and conditions of sale on the website https://zelzarr.fr/ (hereinafter the “Site”). As these terms and conditions may be amended, the applicable terms are those in force on the site on the date your order is placed.
1.2 Contact and seller identification
ZELLEF is managed by Mr LEFFRAY, whose registered office is located at 14 Route des Fontenelles – 72190 Neuville-sur-Sarthe, France.
Registered with the Le Mans Trade and Companies Register (RCS) under number 919 441 071 R.C.S. Le Mans.
If You wish to contact us, here are our details:
Article 2 Contract
2.1 Conditions for placing an order
- You declare that you are a natural person, at least 18 years old, with legal capacity or holding parental authorisation allowing you to place an order on the Site.
- You are acting for your personal needs.
- You accept these general terms and conditions of sale without reservation.
- You are fully authorised to use the payment card for the payment of your order, and it gives you access to sufficient funds for the full payment of your order.
If one or more of these four conditions are not met, you are not authorised to use this site or to place an order.
2.2 Order
After you place your order, we send you an email confirming it.
You can follow your order on the website https://zelzarr.fr/, MY ORDERS section.
Article 3 Prices, availability, delivery and customs
3.1 Prices
Prices displayed on the site are shown in euros including all French taxes (European VAT and other applicable taxes), including:
- the processing costs of your order;
- all packaging costs, including boxes/envelopes, various protections and shipping labels, in which each ordered item will be delivered.
We reserve the right to change our prices without notice and at any time. Products already ordered will be invoiced at the prices in force when your order was recorded.
3.2 Availability and delivery
We inform you of the standard delivery date on the Site, on each product’s information page.
The transit time for products in stock is 3 to 5 working days.
If, despite our efforts, a product could not be delivered, we will inform you by email and/or telephone as soon as possible and your order would be cancelled, without this giving rise to any compensation other than the refund of the order.
Deliveries are made to mainland France and to the following countries:
3.3 Customs duties for the European Community
As orders are shipped from France, no customs duties apply to deliveries within the European Community.
Article 4 Payment
4.1 Available payment methods
You can pay by Visa/Mastercard credit card, Google Pay, Apple Pay and PayPal.
The information needed to make the payment (address, amount, payee…) is shown on the order confirmation pages and must be followed scrupulously for the order to be processed.
Payments by cheque or money order are not accepted.
4.2 Payment refusal and order cancellation
For security reasons, we reserve the right to refuse payments and thus to cancel orders:
- for an unlisted delivery address, in hotels or post office boxes;
- if we are unable to reach the person who placed the order;
- in case of any doubt about the legitimacy of the order.
4.3 Protection
“You are also informed that, as part of your order, the Fraud Expert solution is used and that your personal data is therefore processed in addition to the processing of remote payments. Ingenico e-Commerce Solutions SPRL (Ingenico) is the controller of this additional processing, whose purpose is the prevention of and fight against fraud, the determination of a risk level, and score modelling.
A fraud may lead to data concerning you being recorded in a file operated by Ingenico, in order to keep a record of frauds, in particular to feed the risk assessment criteria and score models used. Such a record could also lead to an increased risk being attributed to you during a future order with a merchant in the same sector of activity that has chosen the Fraud Expert solution, and could lead to that order being rejected by the merchant.
For the Fraud Expert solution, you have a right of enquiry, access and rectification, as well as a right to object on legitimate grounds to your data being processed by the Fraud Expert solution, which you can exercise by post to: Ingenico e-Commerce Solutions SPRL – Legal department “privacy protection” – Boulevard de la Woluwe 102 – B-1200 Brussels (Belgium) or by email: privacy@ecom.ingenico.com, together with a copy of a signed identity document.”
Article 5 Liability
We accept no liability if the delivered item does not comply with the legislation of the country of delivery outside the European Union.
We undertake to apply all the care customary in the profession in providing the service offered to the customer. However, we cannot be held liable for any failure to meet our contractual obligations due to a fortuitous event or a case of force majeure as defined by the case law of the French courts.
In addition, in the event of non-substantial differences between the presentation photos of the items on our Site, texts and illustrations, and the items ordered, we shall not be held liable.
We use all the means at our disposal to provide the services covered by these general terms and conditions of sale. We are liable for any direct and foreseeable damage at the time of use of the Site or of the conclusion of the sales contract between us and you; however, such compensation may in no case exceed the amount of the purchase concerned.
In no case shall we be liable for loss of profits, commercial losses, loss of data or loss of earnings, or any other indirect damage or damage that was not foreseeable at the time of use of the Site or of the conclusion of the sales contract between us and you.
Article 6 Retention of title
The goods delivered remain our property until you take physical possession of the delivered product once you have paid the price.
Article 7 Returns and withdrawal
ZELLEF’s priority is your satisfaction. You have an unconditional right of withdrawal of 14 (fourteen) calendar days after receiving your invoice, without having to give a reason. However, the products sent cannot be suspected of breakage or malfunction, since they contain no mechanism or technology that could break down. All products are carefully packed and checked before shipping, and consequently https://zelzarr.fr/ cannot take responsibility for such a thing.
Please note that delivered products must not be used. If you wish to exercise your right of withdrawal and cancel the sales contract, ZELLEF will refund the amount spent, except for the shipping costs of the ordered items, which remain payable by you, and provided that the products have not been damaged; otherwise they will be returned to you. The refund will be made within one month of receipt of your return.
To exercise your right of withdrawal, you must inform us of your decision to withdraw within 14 days of receiving your invoice, using the duly completed withdrawal form, downloadable from the RETURN sub-section of the MY ORDERS section, and sending it to us by post to the following address:
ZELLEF
14 Route des Fontenelles, 72190 Neuville-sur-Sarthe, France
Return shipping costs remain payable by you, as the return is purely an aesthetic matter.
Upon receipt of your parcel, we will refund your entire order without delay, except for all shipping costs. The refund will be made by bank transfer using the means used to pay the original invoice. Returned products cannot be replaced or exchanged. A new order must be placed online.
Article 8 Access to the site and property rights
We grant you access to and use of the Site for your personal use. In no case are you authorised to download, reproduce, copy, sell, exploit or modify all or part of the site https://zelzarr.fr/.
The Site may contain links to other websites. These other sites are not under our control and in no case can we be held responsible for the accuracy, respect of intellectual property rights, legality, decency or any other aspect of the content of these sites.
Article 9 Protection of personal data
We undertake to protect your personal data. All personal data concerning you that we have collected is processed with the strictest confidentiality, in accordance with the provisions of our personal data protection policy:
- the personal data we collect from the information you enter is used exclusively to process your order in the best possible conditions and to offer you suitable offers;
- your personal data is never rented, transferred or sold to third parties, for any purpose other than the fulfilment of your order;
- you have a right of access, objection, modification and deletion of all your personal information via the secure management interface of your account;
- non-personal data collected from users’ browsing on the site is used to improve the service offered to customers, in particular the site’s ergonomics, the products presented or customer relations.
Article 10 Governing law and competent jurisdiction
These general terms and conditions of sale are governed by French law.
All disputes relating to the commercial relationship between you and us are subject to the jurisdiction of the French courts.
Warranty policy ZELLEF
For any purchase made on our site · For customers in France and Europe
1. Legal warranty
Article L211-4 of the French Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made its responsibility by the contract or was carried out under its responsibility.
Article L211-5 of the French Consumer Code
To be in conformity with the contract, the goods must:
1° Be fit for the use usually expected of similar goods and, where applicable:
– correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model;
– have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or its representative, in particular in advertising or labelling;
2° Or have the characteristics agreed by the parties or be fit for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.
Article L211-15 of the French Consumer Code
A commercial warranty means any contractual commitment by a professional to the consumer to refund the purchase price, replace or repair the goods, in addition to its legal obligations to guarantee the conformity of the goods.
The commercial warranty is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the warranty, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor, and reproduces Article L. 211-16.
In addition, it states clearly and precisely that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity referred to in Articles L. 211-4 to L. 211-13 of this code and by the warranty relating to defects in the goods sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. Articles L. 211-4, L. 211-5 and L. 211-12 of this code, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, are reproduced in full.
If these provisions are not complied with, the warranty remains valid. The buyer is entitled to rely on it.
Article 1641 of the French Civil Code
The seller is bound by the warranty against hidden defects of the item sold that make it unfit for its intended use, or that so reduce this use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.
Article 1648 paragraph 1 of the French Civil Code
Action resulting from latent defects must be brought by the buyer within two years of discovering the defect.
In application of these texts, ZELLEF undertakes to provide a full legal warranty covering manufacturing defects. The warranty policy is available at any time in the GENERAL TERMS AND CONDITIONS OF SALE section on https://zelzarr.fr/. The warranty only covers damage which, in ZELLEF’s opinion, is not caused by an accident or improper use, normal wear and tear, modification, attempted repair or negligence.
Any item under warranty that proves defective may be replaced, subject to availability, by an identical item. However, ZELLEF may not proceed according to your choice if that choice entails a cost that is manifestly disproportionate compared to the other option, taking into account the value of the product or the significance of the defect. The other option will then apply.
This warranty service is provided free of charge.
The defective part must be shipped at your expense to ZELLEF’s registered office. The parcel must be registered and insured. ZELLEF accepts no liability for damage, loss or theft during transport.
If replacing the product is impossible or requires more than one month from your claim, you may return the product and we will issue a refund.
However, the sale cannot be cancelled if the lack of conformity is minor.
Please keep the order and delivery confirmation email in case you have a warranty claim. The email serves as proof of purchase or of the authenticity of the products purchased, and as supporting evidence of the right to this warranty.
ZELLEF reserves the right to modify or adapt these warranty conditions and their future effect at its discretion, at any time.
This warranty does not affect your statutory rights.
1. What is not covered by the warranty?
This warranty does not cover damage to SINARA-brand products caused by an accident, misuse or abuse, modification, attempted repair, negligence after purchase, or normal wear and tear.
2. Who does the warranty apply to?
This warranty applies to the original purchaser of the ZELLEF product for the duration of the warranty. The ZELLEF confirmation email serves as proof of purchase of the product; any owner of the product should keep this email in case of a claim under this warranty.
3. How long does the warranty last?
The warranty lasts 30 days from the delivery date.
4. How do I make a warranty claim?
You can make a warranty claim:
- by contacting us by email (contact@zelzarr.fr) or by phone (+33 6 40 59 76 33), Monday to Friday from 12 pm to 7 pm (French time);
- by filling in the return form downloadable from the RETURN section and following the return instructions provided. We recommend sending the product by registered post and insuring it for its retail market value. ZELLEF is not responsible for the loss, damage or theft of the product in transit.
5. What happens once the ZELLEF repair service has received the product?
The right to this warranty is determined upon receipt and after examination of the product. If a manufacturing defect is established, ZELLEF will define the replacement or substitution options depending on the availability of the product and the feasibility of the repair. If it is established that the damage is not a material or manufacturing defect, the After-Sales Repair Policy will apply, giving you the option of having your product repaired by ZELLEF at your expense. For more information, you can contact customer service on +33 6 40 59 76 33.
Final article Pre-contractual information and customer acceptance
You acknowledge having received, before placing your order, in a legible and understandable manner, these General Terms and Conditions of Sale and all the information referred to in Articles L111-1 to L111-7 of the French Consumer Code, and in particular:
- the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
- the price of the Products and of related costs (delivery, for example);
- in the absence of immediate performance of the contract, the date or time by which the Seller undertakes to deliver the Product;
- information relating to the Seller’s identity, postal, telephone and electronic contact details, and activities, if not apparent from the context;
- information relating to the legal and contractual warranties and how to implement them;
- the functionalities of digital content and, where applicable, its interoperability;
- the possibility of using conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, time limit, how to exercise this right and standard withdrawal form), the costs of returning the Products, the termination procedures and other important contractual conditions.
The fact that a natural (or legal) person orders on the website https://zelzarr.fr/ constitutes full and complete acceptance of these General Terms and Conditions of Sale, which you expressly acknowledge.