TERMS AND CONDITIONS
June 20, 2008
The e-business section of the zadig-et-voltaire.com website (the “Site”) is published by ZV France SAS, a French société par actions simplifiée with share capital of €250,000, having its registered office at 11, avenue d'Iéna – 75116 Paris – France, registered with the RCS of Paris under the number 413484981; telephone 01 42 21 88 88; intra-Community VAT number FR 40 413 484 981 (hereinafter “Zadig et Voltaire” or “we”) These general terms of sale apply to all orders on the Site. These terms are subject to modification and updates; accordingly, the terms applicable to products orders by customers are those applicable on the date of the order.These general terms of sale are governed by the laws of France, save for any mandatory provisions to the contrary under the Rome Convention on the law applicable to contractual obligations of June 19, 1980.
1 - THE CUSTOMER:
To be a customer of the Site you must be a consumer, of legal age and with full legal capacity, and reside in one of the following countries: metropolitan France, French overseas departments (DOMs), United Kingdom, Ireland, Belgium, the Netherlands, Spain, Greece, Cyprus, Luxembourg, Finland, Sweden, Denmark, Austria, Italy, Portugal, Germany, Switzerland*, Norway, Lichtenstein, Latvia, Lithuania, Czech Republic, Estonia, Slovakia, Slovenia, Malta, Monaco, Hungary, Bulgaria, Poland, United Arab Emirates, Dubai.
* According to Switzerland reglementation, fragrances cannot be delivered in Switzerland.
Customers must, upon placing their first order on the Site, open a customer account and complete an order form containing certain mandatory fields in order for their product order to be processed by Zadig et Voltaire.
The information you give to Zadig et Voltaire when opening your customer account or upon any order you may place must be complete, accurate and up to date. We may, if applicable, ask you to confirm – by any means – your identity and the information given.
Zadig et Voltaire collects personal data on the Site. Such data is required for processing orders and may be communicated, in whole or in part, to our service providers involved in fulfilling the order.
Customers are informed that such personal data is also collected by bodies in charge of analyzing orders and fighting against credit card fraud.
In accordance with Act no. 78-17 of January 6, 1978 on automated data processing, files and civil liberties, you have a right to access, modify, correct, oppose and delete personal data concerning you. You may exercise this right by sending an email to: serviceclients(@)zadigetvoltaire.com
Customers are also informed that, out of a concern with fighting Internet fraud, a check will be carried out with the competent banks and credit card companies via the Ogone S.A. system. Ogone S.A. is in charge of the storage and automated processing of information for all orders, including credit card details, in a secure environment. With respect to any data processing operations carried out by Ogone S.A., customers may exercise their right to access, modify, correct, oppose and delete personal data concerning them by sending a letter, accompanied by proof of their identity, to: Ogone SAS, 5 rue de Rochechouart, 75009 Paris, France.
Furthermore, customer is informed, in connection with his order, of the use of the "Fraud Expert" solution in addition to the processing of card not present payments. His personal data is processed by Ingenico e-Commerce Solutions SPRL being the controller, for the purpose of preventing and combating fraud (determining risk levels associated with transactions, detecting and managing any resulting alerts, informing merchants to allow them to take decisions, "human" reviews of transactions with a specified level of risk, modelling of the score). The collection of certain of his personal data is a mandatory requirement for this purpose. Without this data, the transaction could be delayed or rendered impossible and the order cancelled.
This data is intended for the authorized departments of the Ingenico e-Commerce Solutions entities involved in such processing, and for the merchant, as well as for any third party whose involvement is required to ensure the smooth operation of the payment process and the functioning of the services offered.
A fraud may give rise to the recording of certain personal data relating to the customer in a dedicated file managed by Ingenico e-Commerce Solutions SPRL. The purpose of such file is to retain a trace of previous frauds, in particular to provide information for criteria used to evaluate transaction risks and the scoring templates used for this purpose. The recording of customers’ data in this file may also lead to the customer being assigned a higher risk level in the event of any subsequent order placed with a merchant that is active in the same type of industry/sector and that is using the Fraud Expert solution, and consequently could potentially lead to the rejection of this order.
According to the provisions on the protection of personal data, customer has the right with respect to the Fraud Expert solution to query, access and correct his data, as well as the right to object, for a legitimate reason, to this processing of his data. To exercise this right, customer can send a letter to: Ingenico e-Commerce Solutions SPRL - Legal department "data protection" Boulevard de la Woluwe 102 – B-1200 Brussels (Belgium), or send an email to: email@example.com, accompanied by a signed copy of proof of identity”.
FIA-NET S.A., the company in charge of analyzing orders and fighting against credit card fraud, also collects personal data on customers. Any bill that is unpaid due to fraudulent use of a credit card or similar payment mechanism will result in personal data in connection with the corresponding unpaid order being recorded in a “payment incident” file implemented by FIA-NET S.A. In this same context, any communication by a customer of incorrect information or any anomaly identified in the order may also be the subject of special processing by FIA-NET S.A. For data processing operations carried out by FIA-NET S.A., customers may exercise their right to access, modify, correct, oppose and delete personal data concerning them by sending a letter, accompanied by proof of their identity, to: FIA-NET S.A., Service informatique et libertés, traitements n°773061 et n°1080905, 15 rue du faubourg Montmartre, 75009 Paris.
2 -THE PRODUCTS:
The products offered for sale are those featured on the Site. Zadig et Voltaire makes every effort to accurately present and describe the products, subject to technical constraints and in accordance with the highest standards on the market. It is, however, possible that the Site may contain minor errors, which you recognize and accept. In the event of any non-compliance of the product delivered with its description on the Site, Zadig et Voltaire agrees to remedy such non-compliance: you may either exercise your right of cancellation, or else implement our warranty of merchantability.
If the products ordered are no longer available, we will inform you by e-mail as promptly as possible and refund the price paid by you by crediting the credit card or the gift certificate used to make payment (link to gift certificate to be added).
The customer aknowledges that he restricts himself to only personalize a Zadig & Voltaire designed product/garment and that that customization does will put form any creative value. All intellectual property copyrights attached to the product/garment are owned exclusively by Zadig & Voltaire.It is however agreed, as a prerequired condition to any customed product sale that the customer engages itself, in case of a creation of his own to transfer under Zadigetvoltaire.com guarantees :
The model, including the drawings, drafts, product specifities/technicalities potentially created by the customer on Zadigetvoltaire.com website and all copyrights attached to it.
The transfer includes the transfer of all exclusive rights :
a) To Make, copy, deal and/or sell the product
b) To Make, copy, deal and/or sell derivatives of the model or the drawings,
c) To grant any license ou sub-license for the purposes explained above,
Zadigetvoltaire.com considers that the customer by agreeing to the general sales terms has correctly aknowledged the transfer conditions of the rights related to his “potential creations” and accepts them without any reserves.
If the customer gives a personal pattern or customizes the product by adding a text, he must assure Zadigetvoltaire.com that the text and/or the pattern are free from a third person rights. In the case of potential violation of copyright, personality or the law, those shall be under the responsibility of the customer himself, and he shall bear the consequences of any law suit. If Zadig & Voltaire shall be sued, the customer accepts to guarantee to Zadig et Voltaire any penalties or convictions that could occur. The customer also assures that he is not breaking any rule or law by customizing the product.
3 - ORDERING PRODUCTS:
The acceptance of orders placed on the Site is subject to compliance with the procedure set up by Zadig et Voltaire. This takes the form of a series of succeeding screen pages indicating the steps to be taken by customers to validate their order.
You will have the possibility, before final validation of your order, to verify your order details and the total price, and to correct any possible errors, before confirming it and expressing your acceptance.
We offer you a pre-order service that lets you order some products before the official launch date on our flagship items collection. The pre-order is limited to 1 product per order. A pre-order is taking into account provide that we have received and processed your shopping bag payment.
The delivery timeliness (estimated to few weeks) will apply from the moment the pre-order product is available and will be shipped.
In any case, we make every effort to give you all the information concerning the date of availability.
If your order includes a pre-order item and items already available, the whole order will be ship in the same time (only one delivery) once the pre-ordered product is available. We recommend you to order separately items in stock. Free delivery for all pre-order item, limited to one per order.
Verification of the order:We are entitled, so as to fight against parallel marketing of our products, to refuse any order exceeding the number of authorized products: i.e., 10 products, within a limit of a maximum of two identical products ordered.
We are also entitled to refuse any order made by a customer with whom a dispute exists in connection with the payment of a former order as well as any order that is not compliant with these general terms of sale.
In such cases, we will inform the customer by phone or by e-mail. Unless the customer contacts us to correct the error or the non-compliance with these general terms of sale, we reserve the right not to process the order.
Once you have validated your order, Zadig et Voltaire will promptly confirm receipt by sending you an e-mail to the address provided to us. In that aim, you formally accept the use of e-mail by Zadig et Voltaire to confirm the content of your order.
This confirmation e-mail will include all of the information provided by you, as well as the accepted price and terms of payment with an indication, as the case may be, of any possible difficulties or reservations in respect of the order. For each product, you will also receive, upon delivery, written confirmation of the price paid and of the shipping costs applicable to you.
Zadig et Voltaire stores records in connection with any order of a value of €120 or more for a period of 10 years and make them available to customers upon request.
However, for orders placed on the Site, it is recommended that you also keep a copy (in electronic format and/or in paper format) of the details in connection with your order (for example, the confirmation e-mail sent by Zadig et Voltaire).
The modification or cancellation of the order : the modification or cancellation of an order is not possible if the order is already transmitted to our logistic department. The customer can contact the customer service by phone +(33)1 42 21 89 27 or by e-mail at the following firstname.lastname@example.org to check the status of his order.
4 - PRICE AND TERMS OF PAYMENT:
The prices displayed on the Site are in Euros (France-International) or in GBP Pounds (English-UK) and are displayer depending on the IP address of the client (UK IP address displays GBP Pounds prices). Clients with a shipping address outside United Kingdom, will have to pay in Euros. Clients with a shipping address in The United Kingdom will have t pay in GBP Pounds. Prices areVAT included, shipping excluded.
The prices invoiced to customers are those applicable on the date of the order.
For customers residing outside the territory of the European Union and in the Dom-Tom, it is specified that the prices displayed on the Site shall be invoiced after deduction of VAT. These prices are quoted DDU (“Delivery Duty Unpaid”) since Zadig et Voltaire is in the practical impossibility of precisely informing customers of the exact total amount of the costs in connection with customs duties, formalities, and import taxes applicable in the country where delivery is requested.
Customers are solely liable and accept liability for the payment of any such costs for the entry of the products ordered into the territory of delivery. Refusing to pay custom duties and import taxes involves order cancellation and order reimbursement. Delivery costs and Custom clearance costs possibly paid by ZV France to call back the product will be deduced from the reimbursed amount.
Payment of the total price of the products and shipping costs may be made by credit card or by gift certificate. For payments by credit card, the customer must be the holder of the credit card used, access a dedicated space made available by a banking establishment which ensures the security and recording of the payment order.
For payments by gift certificates, you should provide the exact number appearing on your gift certificate as well as any corresponding indications that may be requested when making payment on the Site. It should be recalled that gift certificates purchased on zadigetvoltaire.com are valid for a period of 12 months from their date of issue for exclusive use on the Site. A gift certificate should be used, to make payment on the Site, for a single order of an amount equal to or in excess of that of the order. The total amount of an order paid by gift certificate may not be less than the amount of the certificate. If the amount of the order is higher than the amount of the certificate, you will be required to pay the balance by choosing another payment method from those proposed on the Site.
Payments by check are not accepted.
If, for whatsoever reason (opposition, refusal by the issuing center, etc.), it is not possible to debit the amounts owed by you, your order will not be registered by Zadig et Voltaire. The total amount of the shipping costs of products ordered will be calculated as per the schedule below. This amount will be indicated on the Site to you before you accept your order and will also be indicated in the confirmation e-mail we will send you, as well as in the delivery slips.
|Delivery||France*||United Kingdom||Zone 1||Zone 2||Zone 3||Zone 4|
|Rates||10 €||14 €||Pounds 8||14 €||15 €||30 €||45 €|
*France (outside Paris): metropolitan France, including Monaco and Corsica.
Zone 1: Belgium, the Netherlands, Spain, Luxembourg, Italy, Germany.
Zone 2: Ireland, Greece, Finland, Sweden, Denmark, Austria, Portugal, Switzerland, Norway, Lichtenstein.
Zone 3: Estonia, Lithuania, Czech Republic, Latvia, Poland, Slovakia, Slovenia, Malta, Hungary, Bulgaria, Malta, Cyprus
Zone 4: French DOMs, United Arab Emirates , Dubai.
Zadig & Voltaire does not make deliveries to the following locations in the following countries:
- Italy: Campione d’Italia, Livigno, Lugano, San Marino, Vatican State.
- United Kingdom: Channel islands, Gibraltar.
- Spain: Ceuta, Melilla, Canary islands, Teneriffe.
- Denmark: Faroe islands, Greenland.
- Greece: Mont Athos.
- Germany: Ile de Helgoland, Besingen.
- Finland: Aland islands.
- For any useful purposes this may avail, a notice concerning the payment of extra costs in case of requested delivery outside the territory of the European Union will be clearly displayed on the Site to any customer indicating a delivery address outside the territory of the European Union.
5 - DELIVERY:
Zadig et Voltaire will make delivery to the address you give in your order, it being specified that this must be your place of residence or that of any other individual of your choice residing in one of the following territories: metropolitan France, French overseas territories and departments (DOM-TOMs), United Kingdom, Ireland, Belgium, the Netherlands, Spain, Greece, Cyprus, Luxembourg, Finland, Sweden, Denmark, Austria, Italy, Portugal, Germany, Switzerland, Norway, Lichtenstein, Latvia, Lithuania, Czech Republic, Estonia, Slovakia, Slovenia, Malta, Monaco, Poland, Bulgaria, Hungary, United Arab Emirates, Dubai.
Once the order is confirmed, you will no longer be able to change the delivery address.
Deliveries will not be made to hotels, public places, PO boxes or in Zadig & Voltaires stores. You will be able to monitor your packages using a tracking number that will be e-mailed to you when your order ships out. For the countries listed above that are outside the European Union, you are responsible for payment of all customs duties, taxes and other official charges as well as the costs of carrying out the customs formalities required based on the import of products into the country where delivery is requested.
A signature can be required upon the delivery of any packages.
In the territories listed above, deliveries will be made within a maximum of five (5) business days from the placing of the order except for special operations (friends & family, good deals, sales, private sales..): maximum of 10 business days. To ensure these lead times can be met, you should check that you have provided complete and accurate information concerning the delivery address (such as, inter alia, road number, building number, staircase number, access codes, names and/or interphone numbers, etc.). Inaccurate information may result in longer delivery times or re-shipments. In the territories listed above outside the European Union, it is recalled that delivery may be delayed for so long as customs formalities and duties have not been carried out or paid by you, and you agree to this.
In the case of a product unavailability after the order, the customer will be informed by e-mail or phone. He will have the choice to be reimbursed or exchange the product.
The reimbursement will be performed within a maximum of 30 days.
For the customized products, my creation : within a maximum of 6 full weeks starting from the full and perfect collection of the oder price by ZV.
6 - RIGHT OF CANCELLATION DURING COOLING-OFF PERIOD:
Customers have a right of cancellation, without having to indicate the reasons for such cancellation, within a cooling-off period of fifteen (15) clear days from receipt of the products ordered.
To simplify the exercise of this right of cancellation, Zadig et Voltaire asks customers to notify it by any means, including by logging onto the “My Account” section of the Site, then onto “Notify a product return”. You should specify whether you wish a store credit, arefund or a product exchange .
Customers also have the possibility of contacting our customer service department by e-mail: email@example.com for any additional information.
Products must be returned in perfect condition, complete (together with any accessories, notice, warranty etc.), accompanied by a copy of the documents attached to the order, to the following address: ZADIG & VOLTAIRE C/° SC2, RETOURS WEB, Z.A. D’ARVIGNY, 104 RUE DENIS PAPIN, 77550 MOISSY-CRAMAYEL (FRANCE).
Return shipping cost only by UPS & KIALA are offered by Zadig & Voltaire. The customer can choose the carrier of his choice, however customer will be responsible for the cost and the safe return of the product. We recommend that customers keep proof of the return, implying a return by registered letter or by any other means which provides a record of the date of delivery. Customers can contact the carrier of their choice by requesting a track and trace option and a counter-signature as proof of receipt and ship the parcel ( No Royal mail) to the Return address.
In the case of a return for an exchange by mail (exchange only) we will refund the cost of return on a fixed basis (within the limits of a return for a command):
Unless you have opted for a product exchange or store credit, we will refund you for the full price invoiced (cost of initial shipment included) for the products returned, by crediting the credit card or the gift certificate used by you, no later than thirty days following the date of exercise of the right of cancellation. However, in case of partial exercise of the right of cancellation covering only a portion of an order comprising several products, Zadig et Voltaire will not be able to make a full refund of the shipping costs initially billed to you. Moreover in case of partial exercise of the right of cancellation covering only a portion of an order comprising several products and paid partially with gift card or store credit, the reimbursment will be at first through store credit up to the gift card or initial store credit amount, then -over this amount- on the credit card used for payment.
Concerning the customized products returns : The article L121-20-2 of the consumer code states that the “right to retract cannot be practiced for contracts of confectioned supplies according to the specifications of the consumer or strictly personalized.
Nevertheless we will reimburse or exchange personalized products that do not correspond to your order (non conform or defective)
The reimbursement will be done within 30 (thirty) days after receipt of the products by ZV.
Outside the European Community , the returned products will be reported as " non-compliant ". Zadig & Voltaire will not pay the taxes and customs fees associated to the return of the product.
Exchange/ Fix rates return cost refund (store credit):
France Métropolitaine: 6€
UK : 9£
Other countries : 10€
7 - WARRANTIES:
Merchantability:Customers are invited to ensure that the products delivered to them correspond to their order. Any duly justified non-compliance of a product with its order should be notified to Zadig et Voltaire by any means, such as by logging onto the “My Account” or “Contact Us” section of the Site, then on “Notify a product return”, before being sent back to us in perfect condition and complete (accessories, notice, warranty etc) and accompanied by a copy of the documents attached to the order, to the following address: ZADIG & VOLTAIRE C/° SC2, RETOURS WEB, Z.A. D’ARVIGNY, 104 RUE DENIS PAPIN, 77550 MOISSY-CRAMAYEL (FRANCE).
Customers can also contact the customer service department by e-mail: serviceclients(@)zadigetvoltaire.com for any additional information.
All unwrapped Cds and Fragrances will neither be exchanged or reimbursed.
In case of non-compliant orders delivered by Zadig et Voltaire to delivery addresses outside the European Union, you agree to inform – by any means – the customs services that a return of non-compliant products is involved.
If it is not possible to exchange the returned product, a refund of the total price invoiced (price of the non-compliant products and shipping costs) as well as the costs of the return will be made (up to 20€), by crediting your credit card or gift certificate, no later than thirty (30) days following receipt by Zadig et Voltaire of the returned products.
Regardless of any specific warranty terms extended to customers with the product delivered, all Zadig et Voltaire products sold on the Site are subject to the following statutory warranties:
Article L.211-4 of the French Consumer Code: “The vendor is required to deliver a product that complies with the contract and shall be liable for any non-compliances existing upon delivery. The vendor shall also be liable for non-compliances resulting from the packaging, the assembly or installation instructions where the vendor is liable under the contract for assembly/installation or where it was carried out under the vendor’s responsibility.”
Article L.211-5 of the French Consumer Code: “To comply with the contract, the product must: 1. Be fit for the use normally expected of an item of its type and, where appropriate: correspond to the description given by the vendor and have all the qualities presented to the purchaser by the vendor in the form of a sample or model; have the qualities that a purchaser can legitimately expect given the public statements made by the vendor, producer or his representative, in particular in advertising or labeling; or 2. Have the characteristics defined by mutual agreement by the parties or be fit for all special uses sought by the purchaser which the vendor was made aware of and accepted."
Article L.211-12 of the French Consumer Code: “Legal action based on non-compliance is time-barred two years after the delivery of the product.”
Article L.211-13 of the French Consumer Code: “The provisions of this section do not deprive the purchaser of the right to bring an action on account of redhibitory defects as provided for in Articles 1641 through 1649 of the Civil Code or any other action of a contractual or extracontractual nature to which the purchaser is entitled under the law.”
Article 1641 of the Civil Code: “The vendor is subject to the warranty against hidden defects in the sold product rendering it unfit for its intended use, or which so impair such use that the purchaser would not have bought it or would have paid a lower price, had the purchaser been aware of the defect(s)”.
Article 1648 (1) of the Civil Code: “The action based on redhibitory defects must be brought by the purchaser within a period of two years following discovery of the defect.”