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General terms and conditions

INTRODUCTION

Between the Company ZAKUW Limited liability company with a capital of 2.000€.
RCS of Toulouse under the number : 505393967
Intracommunity VAT number: FR36505393967
Head office : 117, Chemin des vignes, 31220 CAZERES, France

(hereinafter referred to as "the Vendor") offers on its website www.zakuw.com (hereinafter referred to as the "Website"), products or services (hereinafter the "Products" or Services"). 

It is hereby specified that the present General Terms and Conditions of Sale (hereinafter the "GTC") exclusively govern the sale of Products or Services on the Site. Hereinafter the "Seller" or the "Company".

On the one hand,
And the individual or legal entity proceeding to the purchase of products or services from the Company.
Hereinafter, the "Buyer", or "Customer".

On the other hand,
it has been exposed and agreed as follows: The Company invites Users to carefully read these General Terms and Conditions of Sale (GTCS). Placing an Order implies acceptance of the GTCS. The characteristics of the Products are indicated on the Web Site. It is the Customer's responsibility to take them into account before making a purchase. The photographs or graphics presented on the Web Site represent the products to the best of our ability but are not contractual. The perception of the colors can differ from one screen to another. The Customer acknowledges having read and accepted them by checking the box provided for this purpose before placing his online Order. The General Terms and Conditions of Sale govern the terms and conditions under which the Company sells its Products to its Professional and Consumer clients via its Internet site. They shall apply to all sales made by the Company and shall supersede any conflicting documents, notably the Client's general terms and conditions of purchase. They are systematically communicated to the Client who requests them. In the event of subsequent modification of the GTC, the Client shall be subject to the version in force at the time of the Order.

Acceptance of these GTC and registration on the Site is open to all individuals or legal entities of full age and with full mental and legal capacity.

The Customer acknowledges the value of the Vendor's automatic recording systems as proof and, unless he/she can prove otherwise, waives the right to contest them in the event of a dispute. 

ARTICLE 1 - PRIX AND PAYMENT TERMS

1.1 - Pricing
Zakuw reserves the right to change its prices at any time and to pass on, if applicable, any change in the current VAT rate to the price of the Products or Services offered on the Website. However, the products will be invoiced on the basis of the rates in force at the time of the validation of the order. The prices of the Products and/or Services are indicated in euros, all taxes included, excluding shipping costs.

In the event of an order to a country other than metropolitan France, the Customer is deemed to be the importer of the products concerned. For all products shipped outside of the European Union, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of Zakuw. They are the responsibility of the customer. Customers are advised to check with their local authorities regarding these matters.

1.2 - Late Payment Penalties
In the event of late payment by the Professional Customer, the Vendor may suspend all outstanding orders, without prejudice to any other course of action. Any amount not paid by the due date set forth in these GTCs shall automatically, without formality or notice of default, result in the application of late payment penalties equal to the rate applied by the European Central Bank to its most recent refinancing operation plus ten points. The Seller reserves the right to ask the Customer for an additional sum if the collection costs incurred are higher than this amount. This penalty shall be calculated on the amount of the outstanding amount, including VAT, and shall run from the due date of the price without any prior notice of default being required. In addition to the late payment penalties, a fixed compensation for collection costs of 50 euros will also be due, automatically and without prior notice to the Customer.

ARTICLE 2 - ORDERS AND CUSTOMER ACCOUNT

2.1 - Customer account
The creation of a customer account is not mandatory before placing the order. However, the Customer undertakes to provide sincere and accurate information concerning his civil status and his contact details, in particular his email address, which will allow him to receive notifications related to the follow-up of his order.

2.2 - Terms of payment
The Customer can place an order on the present Site and can make his payment by :

  • Paypal
  • Apple pay
  • Credit card via a secure connection

No data relating to the means of payment of the Customer is collected by the Site. The payment is made directly to the bank or the payment provider receiving the payment from the Customer.

2.3 - Orders
The Customer can place an order on the Internet on the site www.zakuw.com

2.4 - Terms of payment
The price is payable in full on the day of the order.

ARTICLE 3 - VALIDATION OF THE ORDER

The Customer declares to have read and accepted the present General Conditions of Sale before placing your order. The validation of his order is therefore acceptance of these Terms and Conditions of Sale.

ARTICLE 4 -AVAILABILITY

The availability of Products is indicated on the Site, in the description of each product. In the event of unavailability of product after placing the order, the Customer will be informed. The Customer will then have the choice to accept the restocking delay or to cancel his order. In the case of a cancellation, the Customer will be refunded in full without penalty.

ARTICLE 5 - DELIVERY

The products are delivered to the delivery address that was indicated at the time of the order. Zakuw will not be held responsible for any errors, it is the responsibility of the purchaser to verify that the address information is correct before finalizing the order. If a package is returned due to an address error or any other reason, Zakuw will be required to charge a fee to reship the package, even for orders where shipping was offered at the time of order.

When the Customer orders multiple products at the same time, they may have different delivery times. The shipment will then be made when all the products are available.

In the event of a delay in shipping, Zakuw will immediately notify the customer by e-mail or telephone. In the event of a delay in delivery, the Seller will not be liable. However, the customer must notify the Seller so that the Seller can open a file with the appropriate delivery company.

All products ordered on the site www.zakuw.com are sent to the delivery address indicated by the buyer at the time of his order. At the time of shipment of your order, the Customer will receive a confirmation e-mail.

For Metropolitan France

  • FOLLOWED LETTER (48-72H)
  • COLISSIMO (48H)
  • COLISSIMO WITH DELIVERY AGAINST SIGNATURE
  • UPS 
  • UPS WITH DELIVERY AGAINST SIGNATURE
  • UPS POINT RELAY
  • MONDIAL RELAY

Important: Zakuw is not responsible for the loss of a package by the postal service.

Even if these incidents are rare, you should know that you will never be completely insured if you do not choose to send your order by registered mail (with signature). All registered Colissimo orders are insured in R2, which means that compensation can be received in case of loss or damage. Finally, the goods travel at the risk of the customer to whom it belongs to check their good condition at the time of their delivery.

For Europe

  • INTERNATIONAL REGISTERED LETTER* (LETTRE SUIVIE INTERNATIONALE)
  • COLISSIMO INTERNATIONAL*
  • UPS WITH DELIVERY AGAINST SIGNATURE

* Delivery times vary according to the country of destination.

ARTICLE 6 - RETRACTION PERIOD

In accordance with the regulations in force (article L.221-18 of the French Consumer Code), the Customer has a cooling-off period of fourteen calendar days from the date of receipt of his order to exercise his right of withdrawal, without having to give any reason or pay any penalties. To exercise his right of withdrawal, the Customer must send a request by email to the Company (zakuwshop@gmail.com).

In case of withdrawal, the Customer has the obligation to send back, at his expenses, the new articles, in perfect condition, complete and in their original packaging, within 14 days from the exercise of the right of withdrawal. Any damage suffered by the articles on this occasion may be of a nature to defeat the right of withdrawal. In case of non-conforming return, the items will be returned to the Customer at his expense. In case of exercise of the right of withdrawal, the Company will proceed to the reimbursement of the order, within 14 days following the notification of the request and via the same means of payment as the one used at the time of the order, as long as the Company has received the returned items in new, perfect condition, complete and in their original packaging, accompanied by the invoice. Used, damaged, soiled or incomplete products will not be accepted. In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to the supply of goods made to the specifications of the consumer or personalized.

ARTICLE 7 - RECEPTION

In case of reservations about the delivered product (for example: damaged package, already opened...), the Customer must immediately notify the carrier and Zakuw. The Customer may refuse a package at the time of delivery if he/she notices an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reserves, accompanied by the Customer's signature. In order to exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the carrier take back the damaged goods. If the Customer fails to comply with these instructions, the Customer shall not be entitled to exercise its right of refusal, and the Seller shall not be obliged to grant the Customer's request to exercise its right of refusal.

ARTICLE 8 - PROPERTY RESERVE CLAUSE

The products remain the property of the Company until full payment is received. The design and graphics of some of the present products will remain, even after the order is placed, the exclusive property of Zakuw.

ARTICLE 9 - WARRANTIES

In accordance with the provisions of the legal warranties of conformity, when the customer places an order on the online store www.zakuw.com, Zakuw will refund or exchange products that appear to be defective or do not correspond to the customer's order. The Customer should contact Zakuw after receiving the goods or contact the retailer if the purchase was made from a Zakuw retailer.

The products must be returned in the same condition in which they were received by the Customer, with all items (invoice, accessories, instructions, etc.) and packaged in a way that allows for proper shipping. The shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of the receipts. It is recalled that under the legal guarantee of compliance, the consumer :

has a period of two years from the date of delivery of the goods to act against the seller; may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to 24 months as of March 18, 2016, except for used goods. The legal guarantee of conformity applies independently of the commercial guarantee. It is recalled that the consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

The provisions of this Article do not prevent the customer from benefiting from the right of withdrawal provided for in this article.

Damage to the product caused by accidents, improper use of the product, incorrect use or any other criminal conduct is not covered by the right of claim.

ARTICLE 10 - RESPONSABILITY

The responsibility of the Seller can only be engaged in case of gross negligence, intentional or fraudulent. In all other cases, the responsibility of the Seller can never be sought or engaged by the Customers.

The products offered are in accordance with the French legislation in force. Zakuw cannot be held responsible for the non-compliance with the legislation of the country where the product is delivered. It is the Customer's responsibility to check with local authorities about the possibility of importing or using the products or services he/she intends to order.

ARTICLE 11 - INTELLECTUAL PROPERTY

All texts, comments, works, illustrations and images reproduced or represented on the website www.zakuw.com are strictly reserved under copyright law and intellectual property law for the whole world. As such and in accordance with the provisions of the code of intellectual property, only the use for private use subject to different provisions even more restrictive of the code of intellectual property is authorized. Any reproduction or representation, in whole or in part, of the Site or of all or part of the elements found on the Site is strictly prohibited.

The company names, brands and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the owner of the trademark.

ARTICLE 12 - CLAIMS AND AMICABLE SETTLEMENT OF DISPUTES

In the event of a dispute, the Customer is invited to first contact the Company by e-mail (zakuwshop@gmail.com) in order to find an amicable solution. 

If no agreement is found between the Company and the Customer, the latter may refer to the consumer mediator whose coordinates are listed below:

SAS Médiation Solution222
Chemin de la Bergerie
01800 Saint Jean de Niost
Telephone: 04 82 53 93 06
Website: https://www.sasmediationsolution-conso.fr
Email: contact@sasmediationsolution-conso.fr


ARTICLE 13 - APPLICABLE LAW

All the clauses contained in the present general conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.

ARTICLE 14 - PERSONAL DATA

In addition to these General Conditions, the site has a privacy and data management policy that describes how personal data is processed when the user visits the site, as well as how cookies are used. By browsing the site, the user declares that he/she has also read the aforementioned privacy policy.