General Terms of Sale

GENERAL TERMS AND CONDITIONS OF SALE

Last updated: November 21, 2024

Article 1 – LEGAL NOTICE

This website, accessible at the URL zalinae.com, is published by:

Zalinae, a sole proprietorship (Entreprise Individuelle, EI), registered in the Trade and Companies Register of Lyon under number 950 202 340.

(Hereinafter referred to as “the Operator”).

The Operator can be contacted at the following email address: contact@zalinae.com

Article 2 – DEFINITIONS

“Customer”: Any natural or legal person, private or public, registered on the Website.

“User”: Any natural or legal person, private or public, accessing the Website.

“Product”: Goods or services offered by Zalinae on the Website.

“Website”: The website accessible at the URL www.zalinae.com, including subdomains, mirror sites, portals, and URL variations thereof.

Article 3 – GENERAL PROVISIONS OF THESE TERMS AND CONDITIONS

The General Terms and Conditions of Sale (the “General Terms and Conditions” or “GTC”) apply exclusively to online sales of products offered by the Operator on the Website.

The GTC are made available to Customers on the Website, where they can be viewed directly, and can also be communicated upon request by any means.

The GTC are binding on the Customer, who declares having read and accepted them by checking a box or clicking the appropriate button before placing an order.
Confirmation of the order by means of validation constitutes acceptance of the GTC in force at the time of the order, which are stored and reproduced by the Operator.

Article 4 – PRODUCT DESCRIPTION

The products presented on the Website are described (by the supplier or via a link to the manufacturer’s website) with their essential characteristics.
The photos illustrating the products, where applicable, are not contractually binding.
If necessary, the user manual is available on the Website or provided upon delivery.
The products comply with French legal requirements.

The Customer remains responsible for the conditions and consequences of accessing the Website, particularly via the Internet. Such access may involve the payment of fees to technical service providers such as Internet service providers, which remain the responsibility of the Customer.
Furthermore, the Customer must provide the equipment necessary to connect to the Website and assumes full responsibility for it.

The Customer acknowledges that they have verified that the configuration of their computer system is secure and in good working order.

Article 5 – ORDERS

The Operator undertakes to ensure the optimal availability of its products. Product offers are valid within the limits of available stock.

If, despite the Operator’s efforts, a product becomes unavailable after the Customer has placed an order, the Operator will inform the Customer as soon as possible by email, and the Customer may choose between the following options:

  • Delivery of a product of equivalent quality and price to the initially ordered product, or

  • Refund of the price of the ordered product within thirty (30) days after payment of the amounts already paid.

It is agreed that, apart from reimbursement of the price of the unavailable product—if this option is chosen by the Customer—the Operator shall not be liable for any cancellation compensation, unless the failure to perform the contract is attributable to the Operator.

Unless otherwise provided in these General Terms and Conditions, and without prejudice to the statutory right of withdrawal, Customer orders are binding and final.

When placing an order, the Customer must select the desired products, add them to the cart, and indicate the selected products and quantities. The Customer can review the order details and total price and return to previous pages to correct the contents of the cart before confirming it.

The Customer agrees to read the applicable General Terms and Conditions before accepting them and to confirm the delivery terms and any additional costs before payment. Confirmation of the order constitutes acceptance of the GTC and forms the contract.

A copy of these General Terms and Conditions, as accepted by the Customer, will be sent to the Customer by email upon confirmation of the order.

The contractual information relating to the order (including the order number) will be confirmed by email promptly and no later than at the time of delivery. The Operator strongly recommends that the Customer print and/or archive this order confirmation on a reliable and durable medium as proof.
A digital invoice is available in the “My Account” section. The Operator also recommends printing and/or archiving this invoice on a reliable and durable medium.

All emails sent to the Customer regarding an order will be sent to the email address used by the Customer to access their account.

The Operator reserves the right not to confirm the Customer’s order for any legitimate reason, including but not limited to cases where:

  • The Customer does not comply with the General Terms and Conditions in effect at the time of the order;

  • The Customer’s order history shows outstanding amounts from previous orders;

  • A previous order from the Customer is the subject of an ongoing dispute;

  • The Customer has not responded to a request for confirmation sent by the Operator.

The Operator archives the sales contracts in accordance with applicable legislation. Upon request to contact@zalinae.com, the Operator will provide the Customer with a copy of the relevant contract.

Any modification of an order by the Customer after confirmation requires the Operator’s consent.

The information provided by the Customer at the time of ordering (including name and delivery address) is binding. The Operator cannot be held liable if an error in the order prevents or delays delivery.

The Customer declares that they have full legal capacity to enter into these General Terms and Conditions.

Registration is open to both adults and minors, provided that minors act under the supervision of a parent or guardian. Registration is strictly personal for each Customer.

In the event of a breach by the Customer of any provision of these General Terms and Conditions, the Operator reserves the right to close the Customer’s account without prior notice.

Article 6 – PAYMENT METHODS AND SECURITY

The Customer acknowledges that any order placed on the Website is a paid order that requires payment of a price in exchange for the delivery of the ordered product.

In any case, the Operator reserves the right to verify the validity of the payment by any necessary means before dispatching the order.

The Operator uses the Stripe online payment solution.

Orders can be paid for using one of the following methods:

  • Payment by credit card. Payment is made directly on the secure servers of the Operator’s bank, and the Customer’s banking data does not transit through the Website. The banking data entered during payment are protected by SSL encryption (Secure Socket Layer). As such, this information is not accessible to third parties.

    The Customer’s order is recorded and validated upon acceptance of payment by the bank.

    The Customer’s account is only debited once (i) the credit card details have been verified and (ii) the charge has been accepted by the card issuer.

    Failure to collect the amounts due will result in the immediate invalidity of the sale.

    The credit card may be declined if it has expired, reached its spending limit, or if the entered information is incorrect.

  • Payment by electronic wallet (e.g., PayPal).
    If the Customer already has an account with the electronic wallet used by the Operator, they can use it to pay securely without disclosing their banking details.

Where applicable, the order confirmed by the Customer will only become effective once the secure payment center has approved the transaction.

As part of the verification process, the Operator may request documents from the Customer necessary to complete the order. These documents will not be used for any other purpose.

Article 7 – PAYMENT OF THE PRICE

The price of the products applicable at the time of the order is indicated in euros, including all taxes (VAT), excluding delivery and shipping costs.
In the case of a promotional offer, the Operator undertakes to apply the promotional price to all orders placed during the promotion period.

The price is payable in euros (€) only. The total price is due in full upon order confirmation.
The prices offered include all discounts or reductions granted by the Operator.

If delivery or shipping costs apply, they are added to the price of the products and displayed separately before the Customer confirms the order.
The total amount payable by the Customer and its breakdown are shown on the order confirmation page.

Article 8 – CONCLUSION OF THE CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends the confirmation of their order.

The Customer is informed of the procedures for accepting orders placed on the Website. When placing an order, the Customer must validate it using the “double-click” technique: after selecting the products placed in the cart, the Customer must review and, if necessary, correct the contents of the cart (identification, quantity, price, delivery terms, and costs) before confirming it by clicking “I confirm my delivery,” then confirm acceptance of these General Terms and Conditions before clicking the “Pay” button, and finally confirm the order after entering their banking details.

The “double-click” constitutes an electronic signature equivalent to a handwritten signature and represents the Customer’s irrevocable and unconditional acceptance of the order.

The Operator ensures the storage of communications, order forms, and invoices on a reliable and durable medium in order to create a faithful and lasting copy.
These communications, order forms, and invoices may be produced as evidence of the contract.
Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone serve as proof of all transactions between the Operator and its Customers.

The Customer may cancel the order in the following cases by registered letter with acknowledgment of receipt or any other durable medium:

  • Delivery of a product that does not conform to the product description;

  • Delivery beyond the time limit specified in the order form or, if no date is indicated, more than thirty (30) days after conclusion of the contract, after a request made to the Operator under the same conditions and without success to deliver within a reasonable additional time;

  • A price increase not justified by a technical modification imposed by the authorities.

In all such cases, the Customer may request a refund of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.

The order may be cancelled by the Operator in the following cases:

  • Refusal by the buyer to accept delivery;

  • Non-payment of the price (or remaining balance) at the time of delivery.

Article 9 – SHIPPING AND DELIVERY

The online sales offers presented on the Website are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries within those same geographical areas.

“Delivery” refers to the transfer of physical possession or control of the product to the Customer.

The delivery costs are those indicated at the time of order placement and accepted by the Customer at order confirmation.

The Operator undertakes to deliver the products in accordance with the delivery timeframe indicated on the Website for each product, within a maximum of thirty (30) days from receipt of the order.

Delivery times are indicated on the Website in working days at the time of ordering.
These times include the preparation and dispatch of the order as well as the expected delivery time of the carrier.

The Operator undertakes to ship the products according to the timeframes specified on each product page and in the cart, provided that payment for the order has not been declined.

If one or more products cannot be delivered within the initially announced timeframe, the Operator will send an email to inform the Customer of the new delivery date.

The products are delivered to the address provided by the Customer at the time of ordering.
It is therefore the Customer’s responsibility to ensure that this address is accurate and error-free.
The Operator cannot be held liable if an error in the address provided prevents or delays delivery.

At the time of delivery, a delivery slip may be required to be signed.

Deliveries will not be made to P.O. boxes.

Upon delivery, it is the Customer’s responsibility to verify that the products delivered correspond to the order and that the package is sealed and undamaged.
If not, the Customer must note this on the delivery slip.
Claims regarding quantity or product condition will not be accepted if no remark is made on the delivery slip.

Article 10 – RIGHT OF WITHDRAWAL

If a delivered product does not fully satisfy the Customer, they may return it to the Operator.
The Customer has fourteen (14) days from the date of receipt of the order to do so.

In accordance with Article L.221-21 of the French Consumer Code, and to exercise this right of withdrawal under the conditions set out in Articles L.221-18 et seq. of the same Code, the Customer is invited to fill out the standard withdrawal form by clicking on the link provided for this purpose.

The Operator will send a confirmation email acknowledging receipt of the Customer’s withdrawal request.

Where applicable, the Customer may exercise their right of withdrawal by providing the Operator with the following information:

  • Name, postal address, telephone number, and email address.

  • Decision to withdraw through an unambiguous statement (e.g., by mail, fax, or email, if such contact details are available and therefore appear on the standard withdrawal form).
    The Customer may use the standard withdrawal form, but its use is not mandatory.

WITHDRAWAL FORM

To the attention of the company listed at the beginning of these Terms and Conditions
(by email to contact@zalinae.com)

I/We () hereby give notice of my/our () withdrawal from the contract for the provision of the service(s) below:

Ordered on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted on paper):
Date:
() Delete as appropriate.

Return shipping costs are borne by the Customer, unless the item cannot be returned by normal postal means.
In such a case, the Operator will arrange for the product to be collected at its own expense.

The returned product must be in its original packaging, in perfect condition, fit for resale, unused, and complete with all accessories.

In addition to the returned product, the return package must include a letter containing the Customer’s exact and complete contact details (name, address), the order number, and the original invoice.

The Operator will refund the Customer the amount of the product within fourteen (14) days of receipt of the product and all necessary information required to process the refund.
The refund may be made using the same payment method used by the Customer.
In this regard, Customers who paid for their order in the form of vouchers/gift cards may be refunded in vouchers/gift cards, at the Operator’s discretion.

By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal conditions.

Article 11 – LIABILITY AND WARRANTY

The Operator cannot be held liable for failure to perform the contract resulting from the Customer, or from an event deemed force majeure by the competent courts, or from an unforeseeable and unavoidable act of a third party.

The Customer acknowledges that the characteristics and limitations of the Internet do not guarantee the security, availability, and integrity of data transmission online.
As such, the Operator does not guarantee that the Website and its services will operate without interruption or malfunction.
In particular, their operation may be temporarily interrupted for maintenance, updates, technical improvements, or to modify the content and/or presentation.

The Operator cannot be held liable for any use of the Website or its services by Customers that does not comply with these General Terms and Conditions, nor for any direct or indirect damage that may result for a Customer or a third party from such use.
In particular, the Operator cannot be held liable for any false statements made by a Customer or for their behavior toward third parties.
If the Operator is held liable as a result of such conduct by one of its Customers, that Customer agrees to indemnify the Operator for any judgments rendered against it and to reimburse all costs, including legal fees, incurred for its defense.

Regardless of any additional contractual guarantee (commercial warranty), the products benefit from:

  • The statutory warranty of conformity under Articles L.217-4 et seq. of the French Consumer Code (specifically L.217-4 to L.217-14), and

  • The warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code.

If you invoke the statutory warranty of conformity:

  • You have two (2) years from the delivery of the goods to take action;

  • You may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code;

  • You are exempt from proving the existence of the defect for twenty-four (24) months after delivery (except for used goods).

The Customer may also choose to invoke the warranty against hidden defects under Article 1641 of the French Civil Code.
In this case, they may choose between cancellation of the sale or a reduction in the sale price under Article 1644 of the same Code.

Article 12 – CUSTOMER SERVICE

Customer service provided by the Operator that is not covered by a commercial warranty is governed by a separate agreement, a copy of which is made available to the Customer.

Warranty claims must be addressed to Customer Service using the following contact information:
Email: contact@zalinae.com

Products covered by the warranty must be returned new, complete, and in their original condition and packaging after receipt and confirmation of the claim by Customer Service.

The Customer will be reimbursed for the return shipping costs no later than thirty (30) days after the product has been received by the Operator.

Article 13 – GENERAL PROVISIONS

ENTIRE AGREEMENT BETWEEN THE PARTIES

These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator.
They represent the entirety of the rights and obligations of the company and the Operator concerning their subject matter.

Should one or more provisions of these General Terms and Conditions be declared null and void pursuant to a law, regulation, or a final decision of a competent court, the remaining provisions shall retain their full force and effect.

Furthermore, the fact that one party does not claim a breach by the other party of any provision of these General Terms and Conditions shall not be construed as a waiver of the right to claim such a breach in the future.

MODIFICATION OF THE TERMS

The Operator reserves the right to modify the content of the Website or the services available on it at any time and without prior notice, and/or to temporarily or permanently cease the operation of all or part of the Website.

Furthermore, the Operator reserves the right to modify the Website’s online location as well as these General Terms and Conditions at any time and without prior notice.

The Customer is therefore required to review these General Terms and Conditions before each use of the Website.

The Customer acknowledges that the Operator cannot be held liable in any way to them or to any third party for such modifications, suspensions, or terminations.

The Operator recommends that the Customer save and/or print these General Terms and Conditions in order to keep them in a safe and durable format, allowing access to them at any time during the performance of the contract.

COMPLAINTS – MEDIATION

In the event of a dispute, the Customer must first contact the company in order to seek an amicable resolution.

If there are difficulties in applying this contract, the consumer also has the possibility, before taking any legal action, to seek the assistance of a consumer mediator, available on the website:
👉 https://www.economie.gouv.fr/mediation-conso.

The mediator will attempt, with complete independence and impartiality, to bring the parties together to reach an amicable agreement.
The parties remain free to accept or refuse mediation and, in the event of mediation, to accept or reject the solution proposed by the mediator.

In this regard, any European consumer may also use the Online Dispute Resolution (ODR) platform, available at the following URL:
👉 https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

It is specified that seeking an amicable resolution does not suspend the limitation periods for statutory or contractual warranties.

It is also reminded that compliance with this contract’s provisions regarding warranties generally implies, subject to court assessment, that the Customer fulfills their financial obligations toward the seller.

APPLICABLE LAW

These General Terms and Conditions are governed by and interpreted in accordance with French law.

CUSTOMER’S ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

The Customer acknowledges having read these General Terms and Conditions carefully.
By registering on the Website, the Customer confirms having read and accepted the General Terms and Conditions, thereby agreeing to be legally bound by them.

The General Terms and Conditions applicable to the Customer are those in effect at the time of the order.
A copy dated as of today may be provided to the Customer upon request.

It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to orders placed previously, unless the Customer who placed the order expressly agrees to the new version.