Effective as of 06/06/2024
ARTICLE 1 - Scope of Application
These General Terms and Conditions of Sale (referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Clients or the Client"), wishing to purchase products offered for sale ("The Products") by the Seller on the zenaba.fr website. The Products offered for sale on the website are as follows:
Hair products and accessories
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the zenaba.fr website, which the client is required to review before ordering.
The choice and purchase of a Product are the sole responsibility of the Client.
Product offers are valid within the limits of available stock, as specified when placing the order.
These GTC are accessible at any time on the zenaba.fr website and shall prevail over any other document.
The Client declares to have read these GTC and to have accepted them by checking the box provided for this purpose before initiating the online ordering process on the zenaba.fr website.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Seller's contact details are as follows:
Flora BELIM KADEO
367 Rue de Saint-Denis
Registration number: 52937901800029
Email: [email protected]
Phone: 0663935259
ARTICLE 2 - Price
The Products are supplied at the prices in force on the zenaba.fr website, at the time the order is registered by the Seller.
Prices are expressed in Euros, excluding and including VAT.
Prices take into account any reductions that may be granted by the Seller on the zenaba.fr website.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside this period, to modify them at any time.
Prices do not include processing, shipping, transport, and delivery costs, which are charged in addition, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Client corresponds to the total purchase amount, including these costs.
An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.
ARTICLE 3 – Orders
It is the Client's responsibility to select the Products they wish to order on the zenaba.fr website, according to the following terms:
You are on the Zenaba.fr website, in the "Shop" tab, where there is a list of hair products and accessories. When you click on the product photo, you will be redirected to the French marketplace, cocote.com, where the entire purchase process will take place.
Here you can add all desired products to your cart. You will receive a summary of your purchases, choose the shipping method, and only after these steps can the client validate their cart by proceeding to payment for their order, defining their payment method. The client is notified on the website and by email of the successful processing of their order and payment.
Product offers are valid as long as they are visible on the website, within the limits of available stock.
The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the zenaba.fr website constitutes the formation of a distance contract concluded between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the payment of a previous order.
The Client can track the progress of their order on the website.
ARTICLE 4 - Payment Terms
The price is paid via secure payment, according to the following terms:
- payment by credit card
- or payment by bank transfer to the Seller's bank account (whose details are communicated to the Client when placing the order)
The price is payable in full by the Client on the day the order is placed.
However, the Client may, when this option is indicated on the zenaba.fr website, pay according to the following conditions and schedule:
in 3 or 4 equal installments.
In this case, in the event of late payment and remittance of sums due by the Client beyond the deadlines set above, and after the payment date appearing on the invoice addressed to them, late payment penalties calculated at the legal rate applicable to the total price (including VAT) of the acquisition appearing on said invoice, will automatically and rightfully accrue to the Seller, without any formality or prior notice.
Late payment will result in the immediate enforceability of all sums due by the Client, without prejudice to any other action that the Seller may be entitled to take against the Client in this regard.
Furthermore, the Seller reserves the right, in the event of non-compliance with the payment conditions listed above, to suspend or cancel the delivery of current orders placed by the Client.
Payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider involved in banking transactions carried out on the zenaba.fr website.
Payments made by the Client will only be considered final after effective receipt by the Seller of the sums due.
The Seller will not be obliged to deliver the Products ordered by the Client if the Client does not pay the price in full under the conditions indicated above.
ARTICLE 5 - Deliveries
Products ordered by the Client will be delivered in metropolitan France.
Deliveries occur within 2 to 5 days to the address indicated by the Client when placing their order on the website.
Delivery is constituted by the transfer to the Client of physical possession or control of the Product. Except for special cases or unavailability of one or more Products, ordered Products will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the deadlines specified above.
If the ordered Products have not been delivered within 7 days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be canceled at the Client's written request under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be refunded to them no later than fourteen days following the date of contract termination, excluding any compensation or retention.
Deliveries are carried out by an independent carrier, to the address specified by the Client when ordering and to which the carrier can easily access.
When the Client has arranged for a carrier of their own choosing, delivery is deemed to have been made upon the Seller's handover of the ordered Products to the carrier, who accepted them without reservation. The Client therefore acknowledges that it is the carrier's responsibility to effect delivery and has no recourse against the Seller in the event of non-delivery of the transported goods.
The Seller also offers free delivery to one of its stores accessible via the following link or locations: https://gls-group.com/FR/fr/trouver-relais-gls/
In the event of a special request from the Client concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the associated costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Client.
The Client is required to check the condition of the delivered products. They have a period of 48 hours from delivery to submit complaints by email, accompanied by all relevant supporting documents (including photos). After this period and in the absence of compliance with these formalities, the Products will be deemed compliant and free from any apparent defect, and no claim will be validly accepted by the Seller.
The Seller will refund or replace, as soon as possible and at its own expense, the delivered Products whose non-conformities or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided for in these GTC.
The transfer of risks of loss and deterioration related thereto will only occur when the Client takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Client has chosen the carrier themselves. In this respect, risks are transferred at the time the goods are handed over to the carrier.
ARTICLE 6 - Transfer of Ownership
The transfer of ownership of the Products from the Seller to the Client will only occur after full payment of the price by the latter, regardless of the delivery date of said Products.
ARTICLE 7 - Right of Withdrawal
According to the terms of article L221-18 of the Consumer Code "
For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good."
The right of withdrawal can be exercised online, using the attached withdrawal form also available on the website, or by any other unambiguous declaration expressing the will to withdraw, notably by postal mail addressed to the Seller at the postal or email addresses indicated in ARTICLE 1 of the GTC.
Returns must be made in their original and complete condition (packaging, accessories, manual, etc.) allowing for their re-marketing as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products will not be accepted for return.
Return costs remain the responsibility of the Client.
Exchange (subject to availability) or refund will be made within 14 days from the Seller's receipt of the Products returned by the Client under the conditions provided for in this article.
ARTICLE 8 - Seller's Responsibility - Guarantees
The Products supplied by the Seller benefit from:
- the legal guarantee of conformity, for defective, damaged, or non-conforming Products or those not matching the order,
- the legal guarantee against hidden defects resulting from a material, design, or manufacturing flaw affecting the delivered products and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is bound to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was carried out under their responsibility or was included in the contract.”
Article L217-5 of the Consumer Code
“The goods conform to the contract:
1° If they are fit for the purpose ordinarily expected of goods of the same type and, where appropriate:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if they possess the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if they present the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.”
Article L217-12 of the Consumer Code
“The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.”
Article 1641 of the Civil Code.
“The seller is bound by the warranty against hidden defects of the sold item that render it unfit for the use for which it was intended, or that so diminish that use that the buyer would not have acquired it, or would have given only a lesser price for it, had they known of them.”
Article 1648, paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”
Article L217-16 of the Consumer Code.
“When the buyer requests from the seller, during the commercial warranty granted to them upon acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the availability of the good for repair, if this availability is subsequent to the request for intervention.”
To assert their rights, the Client must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from the date of their discovery.
The Seller will refund, replace, or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements, or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and no later than 30 days following the Seller's discovery of the lack of conformity or hidden defect. This refund may be made by bank transfer or check.
The Seller's liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country where the products are delivered, which the Client is responsible for verifying,
- in case of misuse, professional use, negligence, or lack of maintenance by the Client, as well as in case of normal wear and tear of the Product, accident, or force majeure.
- The photographs and graphics presented on the website are not contractual and cannot engage the Seller's liability.
The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 9 - Personal Data
The Client is informed that the collection of their personal data is necessary for the sale of Products by the Seller and for their transmission to third parties for the purpose of Product delivery. This personal data is collected solely for the execution of the sales contract.
9.1 Collection of Personal Data
The personal data collected on the zenaba.fr website are as follows:
Product Order:
When the Client orders Products:
Last names, first names, postal address, phone number, and email address.
Payment
As part of the payment for Products offered on the zenaba.fr website, it records financial data relating to the Client's / user's bank account or credit card.
9.2 Recipients of Personal Data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of Products.
The category(ies) of co-contractor(s) is (are):
- Payment service providers
- The Cocote marketplace
9.3 Data Controller
The data controllers, within the meaning of the French Data Protection Act and, as of May 25, 2018, of Regulation 2016/679 on the protection of personal data, are:
- the Seller, and
- _______________.
9.4 Processing Limitation
Unless the Client expresses their explicit consent, their personal data is not used for advertising or marketing purposes.
9.5 Data Retention Period
The Seller will retain the data thus collected for a period of 5 years, covering the statute of limitations for applicable contractual civil liability.
9.6 Security and Confidentiality
The Seller implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmission or storage on the Internet.
9.7 Implementation of Client and User Rights
In application of the regulations applicable to personal data, Clients and users of the zenaba.fr website have the following rights:
- They can update or delete their data as follows:
They log into their account and request the deletion of their data by email.
- They can delete their account by writing to the email address indicated in article 9.3 "Data Controller"
- They can exercise their right of access to know their personal data by writing to the address indicated in article 9.3 "Data Controller"
- If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to the address indicated in article 9.3 "Data Controller"
- They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data Controller"
- They can also request the portability of data held by the Seller to another service provider
- Finally, they can object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum period of one month.
In case of refusal to grant the Client's request, it must be justified.
The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Client may be invited to check a box indicating their acceptance to receive informative and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual Property
The content of the zenaba.fr website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
ARTICLE 11 - Applicable Law - Language
These GTC and the operations resulting therefrom are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GTC.
The Client is informed that they may, in any case, resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.
In this case, the designated mediator is
_______________
_______________
_______________
E-mail: _______________.
The Client is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale operations concluded in application of these GTC, and which have not been resolved amicably between the seller or through mediation, will be submitted to the competent courts under ordinary law conditions.
Created on https://www.legalplace.fr
APPENDIX I
Withdrawal Form
Date ______________________
This form must be completed and returned only if the Client wishes to withdraw from the order placed on zenaba.fr, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of Flora BELIM KADEO
367 Rue de Saint-Denis
I hereby notify the withdrawal from the contract concerning the following good:
- Order placed on (indicate date)
- Order number: ...........................................................
- Client's Name: ...........................................................................
- Client's Address: .......................................................................
Zenaba is a partner seller of the Cocote marketplace and is registered with Lemon Way, a payment institution approved by the APCR in France on 12/24/2012 under number 16568.
