Legal

Editor

This site is published by the company Zü Design
Capital of 5 000 € - Head office : Le grand Poiseuil 71800 Saint-Racho
Lyon Trade and Companies Register - 817 614 233 RCS Mâcon
E-mail address: info@zu-boutique.com
NAF Code: 4791B

Host

This site is hosted by the company OVH SAS, 2 rue Kellermann 59100 ROUBAIX

Responsible for the processing of personal data

Juliette Collet
Company Zü Design
E-mail address: info@zu-boutique.com

1. Completeness

These general terms and conditions express the full obligations of the parties. In this sense, the purchaser is deemed to accept them wholeheartedly.
These general terms of sale apply to the exclusion of all other conditions, including those applicable for in-store sales or through other distribution and marketing channels.
They are available on the website www.zu-boutique.com and shall, if applicable, prevail over any other contradictory version or document.

The seller and the purchaser agree that these general terms and conditions govern exclusively their relationship. The seller reserves the right to change his terms and conditions punctually. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the uses in force in the distance selling sector whose companies are headquartered in France.

2. Purpose

The purpose of these general conditions is to define the rights and obligations of the parties in connection with on-line sale of goods proposed by the seller to the purchaser, from the website www.zu-boutique.com in accordance with the legal provisions regulations governing e-commerce and distance sales.

3. Pre-contractual information

3.1 The purchaser acknowledges having communicated previously to the award of his order and the conclusion of the contract, in a legible and understandable manner, the present general conditions of sale and all the information listed in article L. 221-5 of the consumer code.

3.2 The following information shall be forwarded to the purchaser in a clear and understandable way :
• The essential characteristics of the property ;
• The product's price ;
• In case of absence of immediate execution of the contract, the date or time at which the seller undertakes to deliver the property, whatever its price ;

3.3 The seller shall communicate to the purchaser the following informations :
• The company's name or corporate identity, the geographical address of the institution and, if different, the registered office, telephone number and e-mail address ;
• The modalities of payment, delivery and execution of the contract, as well as the arrangements provided by the professional for the processing of the claims ;
• The existence and the procedures for exercising the legal guarantee of conformity provided for in articles L. 217-1 and following of the consumer code, the guarantee of latent defects provided for in articles 1641 and S. of the Civil Code, and, where appropriate, the guarantee and after-sales service respectively referred to in articles L. 217-15 and L. 217-17 of the consumer code ;

3.4 The seller shall indicate, in respect of the digital content, any relevant interoperability of this content with certain hardware or software which the professional has or should reasonably be aware of.

4: Identity of the parties

4.1 The seller
Company Zü Design
Capital of 5 000 € - Registered office : Le Grand Poiseuil 71800 La Clayette
Lyon Trade and Company Register - 817 614 233 RCS Mâcon
E-mail address: Info@zu-boutique.com
NAF Code: 4791B

4.2 The Purchaser
The order can only be posted on the website if the purchaser holds a personal account.
If he is not already an account holder, the purchaser must accurately fill in the fields identified by an asterisk as required in order to create his personal account.

He shall indicate the information necessary for his identification, including a valid e-mail address and a password of his choice (which will be personal and confidential) which may be used later to identify himself on the website.
The personal password must contain at least 6 characters including numbers and letters and cannot contain more than 11 characters.
The buyer will also have to indicate his name, first name, personal address and telephone number in order to be able to create his client account.
Any purchaser already holding a customer account must log in after clicking on "Validate my Shopping cart", entering his email address and password. The purchaser accepts that the seizure of these two identifiers is worth proof of his identity.
The purchaser is responsible for the choice and retention of its login and must ensure their confidentiality.

In no way shall the company Zü Design be liable for any spoofing of login and connections to accounts receivable by third parties.
The provision of the personal information collected in connection with the distance sale is obligatory, as this information is necessary for the processing and delivery of the orders as well as for the preparation of the invoices. This information is strictly confidential.

5: the command

The buyer has the possibility to make his order online, from the online catalogue, for any product, within the limit of the available stocks.
In case of unavailability of a product ordered, the purchaser will be informed by e-mail.
For the order to be validated, the purchaser must accept, by clicking in the indicated place, the present general conditions. He will also have to choose the address and the delivery method, and finally validate the method of payment.

The sale will be considered definitive :
• After sending to the purchaser confirmation of acceptance of the order by the seller by e-mail ;
• And after receipt by the seller of the entire price.

Any order is worth acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be in the context of a possible exchange and the guarantees mentioned below.
In some cases, such as default of payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
The cancellation of the order of this product and its eventual repayment will then be made, the remainder of the order remaining firm and definitive.
If you have any questions about how to follow an order, commande@zu-boutique.com

6-Electronic Signature

The online supply of the buyer's credit card number and final validation of the order will be proof of the buyer's agreement :
• Due amounts owed under the purchase order,
• Signature and express acceptance of all transactions performed.

In the case of fraudulent use of the credit card, the purchaser is invited, upon notice of this use, to contact the company Zü Design either by e-mail or by phone.

7-Order Confirmation

At the end of the payment, the buyer is directed to a page confirming his purchase online.
A summary document of the order is sent to the buyer by e-mail to the email address indicated by him and at the latest before the delivery. This document of acknowledgement of receipt also includes all the components of the contract between the parties.

8-Proof of transaction

Computerized records, kept in the seller's computer systems under reasonable security conditions, shall be considered as evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof.

9-Product Information

The products covered by these general conditions are those listed on the seller's website and are indicated as sold and shipped by the seller. They are proposed within the limit of available stocks.
The products are described and presented with as much accuracy as possible. However, if errors or omissions may have occurred with respect to this presentation, the seller's liability could not be incurred.
The photographs of the products are not contractual.

10-Prizes

The seller reserves the right to change his prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date.
Prices are shown in euros. They do not take into account the delivery charges, charged in addition, and indicated before the order is validated. The prices take into account the VAT applicable on the day of the order and any change of the VAT applicable rate will be automatically passed on the price of the products of the online shop. The payment of the entire price must be made when ordering. At no time will the sums paid be considered as a deposit.
If one or more taxes or contributions, particularly environmental, were to be created or modified, up and down, this change could be passed on to the selling price of the products.

11-Method of payment

This is an order with obligation to pay, which means that the ordering involves a settlement of the buyer.

To settle its order, the purchaser has, at his option, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the necessary authorisations to use the method of payment chosen by him when validating the purchase order. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorisation of payment by credit card from the officially accredited bodies or in case of non-payment. The Seller reserves the right to refuse to make a delivery or to honor an order from a purchaser who has not fully or partially settled a previous order or with which a payment dispute would be in progress of directors. The seller has set up an order verification procedure to ensure that no person uses the bank details of another person without their knowledge.

As part of this audit, the purchaser may be asked to send the seller a copy of an identity document and a proof of domicile by e-mail. The order will then be validated only after receipt and verification by the seller of the parts sent.

Payment of the price is made in cash by the order, by credit card (credit card, Visa, Eurocard, Mastercard), being specified that the payments are secured by the universal SSL encryption process, coupled with the Cyber plus payment solution Payment-Popular bank or PAYPAL.
In this case, the purchaser will have to send the number of his credit card to the Site, as well as the due date of the latter and the cipher number (3-digit number on the back of his credit card), being specified that the data relating to the card are kept only during the processing time of the order (Secure Communication protocol).
The debit of the card will be made at the time of the order.
The online supply of the credit card number and the final validation of the order will be proof of the whole of the said order.

12-availability of products-reimbursement-resolution

Except in cases of force majeure or during the closing times of the online shop which will be clearly announced on the homepage of the website, the shipping times will be, within the limit of the available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the confirmation e-mail order.

For deliveries in France Métropole, the deadline is 3 to 8 working days from the day following the date on which the buyer placed his order.
In the event of failure to comply with the agreed delivery date or time, the purchaser must, before resolving the contract, direct the seller to execute it within a reasonable additional time.
In the absence of execution at the expiration of this new period, the purchaser may freely resolve the contract.

The purchaser will have to perform these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract shall be deemed to be resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
The purchaser may, however, immediately resolve the contract, if the dates or deadlines given above constitute an essential condition of the contract.

In this case, when the contract is resolved, the seller is obliged to repay the purchaser of all the sums paid, no later than 14 days after the date on which the contract was denounced.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to ask either the reimbursement of the sums paid within 30 days to the Later of their payment, which is the exchange of the product.

13-Terms of delivery
Deliveries are made in all countries.
Delivery is free from 48€ of purchase in colissimo point relais, and from 69€ of purchase in colissimo without signature (Metropolitan France only).
Letter delivery: within 24 hours after the order has been shipped (except in the case of a delay due to the carrier)
Package delivery: within 48 hours once the order has been shipped (unless delayed by the carrier)

Rates :
For metropolitan France (single rates)
- Registered letter: €2.70
- Colissimo Relay : 4,50 > 52€ : FREE
- Colissimo without signature : 6,90
- Colissimo with signature : 7,90

International
Shipping costs are calculated according to the country of destination, and are indicated when the delivery address is filled in the last step of the shopping cart.

Fast order processing
For all orders placed before noon, shipping is done the same day:
- for products in stock
- in the absence of a payment incident
(or exceptionally 1 or 2 working days later, depending on the volume of orders).
All orders placed on Friday afternoon will be shipped the following Monday, our offices being closed on weekends.

The delivery means the transfer to the consumer of physical possession or control of the property.

The products ordered are delivered in the following manner:
• Colissimo follow-up without signature (metropolitan France)
Delivery is made within 48h to 72h at your home from Monday to Saturday, except holiday. In case of absence at the time of delivery, a notice of passage will be deposited in the mailbox in order to be able to recover the parcel in the nearest post office (within 15 days).
• Colissimo follow-up with signature (metropolitan France)
Delivery is made within 48h to 72h at your home from Monday to Saturday, except holiday against signature. In case of absence at the time of delivery, a notice of passage will be deposited in the mailbox in order to be able to recover the parcel in the nearest post office (within 15 days).
• Colissimo Point Withdrawal (France, Belgium, Luxembourg, Netherlands, Germany, United Kingdom, Spain, Balearic Islands, Canary Islands, Ceuta, Melilla)
Delivered in the Post office, in relay pickup, in deposit pickup station. The pickup relays: these are the new pickup shops implanted in the SNCF stations of Ile-de-France. The instructions pickup : are located mainly on the daily routes of the e-buyers: SNCF stations, RER, Tram, Bus, parking, university poles, post offices, shopping malls. The withdrawal mode is simple, 7d/7, day and night.
• Colissimo International with signature (Europe and international)
Delivery is made within 4 to 7 working days at your home, the time may vary depending on the country. In case of absence at the time of delivery, a notice of passage will be deposited in the mailbox in order to be able to recover the parcel in the nearest post office (within a period of 15 days
• Letter followed (metropolitan France)
Delivery is made within 48 hours at your home from Monday to Saturday, except holiday. In case of absence at the time of delivery, a notice of passage will be deposited in the mailbox in order to be able to recover the parcel in the nearest post office (within 15 days).

The seller cannot be held liable for loss, delays in delivery due to errors or disturbances attributable to the carriers.
The carrier's delivery times mentioned above are only indicative.
The products are delivered to the address indicated by the purchaser on the order form, the purchaser will have to ensure its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the purchaser's expense. The purchaser may, at his request, obtain an invoice to the billing address and not to the delivery address, by validating the option provided for that purpose on the purchase order.

Packages not claimed at the collection point within the time indicated by the carrier are automatically returned to the sender. Once the package is returned to the seller, the buyer will be reimbursed for the amount of his order (excluding shipping costs), using the same payment method as for the purchase. If the customer wishes to return the parcel, he will have to place a new order. A minimum amount of 3€ will be deducted from the refund (management and processing fees for the return).

If the buyer is absent on the day of delivery, the deliveryman will leave a notice in the mailbox, which will allow to withdraw the parcel at the place and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the purchaser must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged).

The purchaser must indicate on the delivery order and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (product missing in relation to the delivery order, damaged parcel, broken products...).
This verification shall be deemed to be carried out as soon as the purchaser, or a person authorized by him, has signed the delivery order.
The buyer will then have to confirm by registered mail these reservations to the carrier no later than two working days after the receipt of the article (or articles) and send a copy of this e-mail by fax or simple mail to the seller at the address indicated In the legal terms of the site.

If the products need to be returned to the seller, they must be requested to return to the seller within 7 days after delivery. Any claim made outside this time limit may not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories...).

14-Delivery Errors

The purchaser must submit to the seller on the same day of delivery or at the latest on the first business day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality in relation to the indications on the order form shown on the "My Account" page. Any claims made beyond this time limit will be rejected.

The claim may be made at the purchaser's option by e-mail : Contact@zu-boutique.com
Any claim not made in the rules defined above and within the specified time limits may not be taken into account and will relieve the seller of any liability regarding the purchaser.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo with tracking number, to the following address
KAP Logistique - Service retour Zü Boutique - 7 Rue Gaston Romazzotti, 67120 Molsheim.
The cost of return is the responsibility of the seller.

15-Transfer of risks

The property of the sold thing is transferred to the buyer from the moment the parties agree on the thing and on the price.
As a result, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is carried out, at the expense of the purchaser, upon acceptance of the purchase order by the seller.

16-Product Warranty

"The seller delivers a contract-compliant property and responds to defects in conformity at issue.
It shall also comply with defects in conformity resulting from the packaging, assembly instructions or installation when it has been borne by the contract or has been carried out under its responsibility ' in accordance with the provisions of article L. 217-4 of the consumer Code.

"The property is in accordance with the contract:
1 ° If it is specific to the usual expected use of a similar property and, where applicable:
-If it corresponds to the description given by the seller and has the qualities which he has presented to the purchaser in the form of a sample or a model;
-If it presents the qualities that a purchaser can legitimately expect in respect of public declarations made by the seller, by the producer or by his representative, in particular in advertising or labelling
2 ° or if it has the characteristics defined by common agreement by the parties or is peculiar to any special use sought by the purchaser, brought to the knowledge of the seller and which he has accepted.
According to the provisions of article L. 217-5 of the consumer code.

"The action resulting from the failure to comply is prescribed by two years from the issuance of the property" According to the provisions of article L. 217-12 of the consumer Code.

"Where the purchaser requests the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is in addition to the length of the guarantee that was left to run.
This period runs from the request for intervention by the purchaser or from making available for repair of the property in question, if this provision is after the request for intervention "and this according to the provisions of article L. 217-4 of the Code of consumption

' The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for the use to which it is intended, such use that the purchaser would not have acquired it, or would have given only a lesser price if he had Known.
The action resulting from the redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. According to the provisions of article 1641 of the Civil Code

' In the case provided for in article 1642-1, the action shall be lodged, barely of foreclosure, within one year after the date on which the seller can be discharged of defects or apparent defects in conformity ' According to the provisions of article 1648 of the Civil Code

Consequently, the Company Zü Design, whose head office is located at Le Grand Poiseuil 71800 Saint-Racho is the guarantor of the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects of the thing sold within the meaning of Articles 1641 et seq. of the Civil Code.
In the case of implementation of the legal guarantee of conformity, it is recalled that:
• The purchaser has a period of 2 years from the issuance of the property to act ;
• The purchaser may choose between repair or replacement of the good, subject to the cost conditions provided for in article L. 217-17 of the consumer code ;
• The purchaser is exempted from reporting proof of the existence of the non-compliance of the property for 24 months following the issuance of the property.

In addition, it is recalled that the purchaser may decide to implement the guarantee against the hidden defects of the product sold within the meaning of article 1641 of the Civil Code. In this case, it can choose between the resolution of the sale or reduction of the price in accordance with article 1644 of the Civil Code.

17-right of withdrawal-exchanges-Returns

Claim (delivery concern, damaged parcel, missing product...)
If you encounter any worries about your order, please fill in the > claim form <
in the "my account" page, to which we will respond as soon as possible.

Withdrawal (return produced within 14 working days)
The right of withdrawal may be exercised online, using the withdrawal form available here and following the conditions attached thereto :
> Withdrawal form <
In this case, an acknowledgement of receipt on a durable medium will be communicated immediately to the purchaser. Any other form of declaration of withdrawal is accepted. It must be without ambiguity and express the will to retract.
In the event of the exercise of the right of withdrawal within the abovementioned period, the price of the product (s) purchased and the delivery costs shall be reimbursed.
The cost of return is the responsibility of the purchaser.
The Exchange (subject to availability) or reimbursement shall be made within a maximum of 14 days from the date of receipt by the seller of the products returned by the purchaser under the conditions laid down above.

It is stated beforehand that this right of withdrawal is excluded for contracts of goods made at the request of the purchaser or clearly personalized.
In accordance with the provisions of the consumer Code, the purchaser has a period of 14 working days from the date of delivery of his order, to return any item not suitable for him and to request the exchange or reimbursement without penalty, to the exception of the return costs that remain at the expense of the purchaser.
The products must, however, be returned in their original packaging and in perfect condition within 14 days after notification to the seller of the buyer's decision to retract.
Returns are to be carried out in their original state and complete (packing, accessories...) allowing their remarketing in new condition.
Damaged, dirty or incomplete products are not taken back.

Return address of Goods:
KAP Logistique - Service retour Zü Boutique - 7 rue Gaston Romazzotti, 67120 Molsheim.
Thank you for > Download the return voucher < à insérer dans le colis.

18-Force Majeure

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party relying on the circumstances referred above must immediately notify the other party of their occurrence and of their disappearance.

will be considered as a case of force majeure all irresistible facts or circumstances, outside the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by them, despite all efforts reasonably possible. Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of French courts and tribunals : the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks or difficulties specific to telecommunications networks external to customers.
The parties will come closer to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force major is longer than three months, the present general conditions may be terminated by the injured party.

19-intellectual Property

The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the only holder of the intellectual property rights in this content.
Buyers undertake not to make any use of this content ; Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an counterfeiting offence.

20-Computer science and freedoms

The personal data provided by the purchaser is necessary for the processing of its order and the preparation of the invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of the information communicated through the website www.zu-boutique.com has been the subject of a declaration to the CNIL.
The purchaser has a right of permanent access, modification, rectification and opposition in relation to the information concerning him. This right may be exercised in accordance with the terms and conditions defined on the website www.zu-boutique.com

21- Partial non-validation

If one or more stipulations of these general conditions are held for invalid or declared such pursuant to law, regulation or following a final decision of a competent court, the other provisions shall keep all their strength and reach.

22-language of the contract

The present general terms and conditions of sales are written in French. If they were translated into one or more foreign languages, only the French text would be authentic in case of a dispute.

23-Applicable law

These general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This is so for the substantive rules as for the rules of form. In the event of a dispute or a claim, the buyer will address the seller in priority to obtain an amicable solution.