TERMS & CONDITIONS OF SALE –
In effect from 18/05/2020
ARTICLE 1 – SCOPE
These General Terms and Conditions of Sale (known as “GTC”) apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers (“The Customers or the Customer”) wishing to acquire the products. offered for sale (“The Products”) by the Seller on the YELLOWZEBU.COM site. The Products offered for sale on the site are as follows:
- ONLINE SALES AND BY ALL MEANS OF CLOTHING AND OTHER FASHION ITEMS, PURCHASE SALE OF FASHION ACCESSORIES.
The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the YELLOWZEBU.COM site, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to the limits of available stocks, as specified when placing the order.
These T & Cs are accessible at any time on the YELLOWZEBU.COM site and will prevail over any other document.
The Customer declares to have read these GTC and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure of the YELLOWZEBU.COM site. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer. The Seller’s contact details are as follows: YELLOWZEBU, SAS Share capital of 2000 EUROS Registered with the RCS of RCS PONTOISE, under number 851109132 5 AVENUE DU GENERAL LECLERC 95480 PIERRELAYE Mail: [email protected] Phone: 0171791797 Intracommunity VAT number FR94851109132 The Products presented on the YELLOWZEBU.COM site are offered for sale for the following territories: INTERNATIONAL. In the event of an order to a country other than mainland France, the Customer is the importer of the Product (s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.
ARTICLE 2 – Price
The Products are supplied at the current prices listed on the YELLOWZEBU.COM site, when the order is registered by the Seller.
The prices are expressed in Euros, HT and TTC. The prices take into account any reductions that may be granted by the Seller on the YELLOWZEBU.COM site.
These prices are firm and cannot be revised during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
ARTICLE 3 – ORDERS
It is the Customer’s responsibility to select the Products they wish to order on the YELLOWZEBU.COM site, according to the following terms:
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the YELLOWZEBU.COM site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 4 – Payment terms
The price is paid by secure payment, according to the following terms:
- payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the YELLOWZEBU.COM site.
Payments made by the Customer will only be considered final after actual receipt by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay him the full price under the conditions indicated above.
ARTICLE 5 – DELIVERIES
The Products ordered by the Customer will be delivered in metropolitan France or in the following zone (s):
Deliveries are made within a STANDARD DELIVERY period of 4 to 5 DAYS to the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
If the Products ordered have not been delivered within ______15 DAYS__________ after the indicative delivery date, for any reason other than force majeure or the Customer’s act, the sale may be terminated at the Customer’s written request within conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, excluding any compensation or withholding.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and which the carrier can easily access.
When the Customer is responsible for calling on a carrier that he himself chooses, delivery is deemed to have been made upon handing over the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer therefore recognizes that it is the carrier’s responsibility to make the delivery and has no recourse in warranty against the Seller in the event of failure to deliver the goods transported.
The Seller also offers free delivery in one of its stores accessible via the following link or locations: 5 AVENUE DU GENERAL LECLERC 95480 PIERRELAYE
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional billing, on an estimate previously accepted in writing by the customer.
The Customer is required to check the condition of the products delivered. He has a period of 15 DAYS from delivery to formulate complaints by COURIER, MAIL, TELEPHONE, etc., accompanied by all supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to conform and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L 217-4 et seq. Consumer Code and those provided for in these GTC.
The transfer of the related risks of loss and deterioration will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller except when the Customer himself has chosen the carrier. As such, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 – RIGHT OF WITHDRAWAL
According to the terms of article L221-18 of the Consumer Code “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a direct telephone call or outside establishment, without having to justify its decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1 ° The conclusion of the contract, for service provision contracts and those mentioned in Article L. 221-4;
2 ° Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract. In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period starts from receipt. of the last good or lot or of the last part.
For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good. “
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or reimbursement will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 – Seller’s Responsibility – Guarantees
The Products supplied by the Seller benefit from:
·the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
·the legal guarantee against latent defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. “
Article L217-5 of the Consumer Code
“The good conforms to the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. “
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity lapses two years after delivery of the goods. “
Article 1641 of the Civil Code.
“The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or would have given a lower price, if he had known them. “
Article 1648 paragraph 1 of the Civil Code
“The action resulting from fatal defects must be brought by the purchaser within two years of the discovery of the defect. “
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. “
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-compliance of the Products or of the existence of hidden defects from their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 DAYS days following the Seller’s finding of the lack of conformity or the hidden defect. This reimbursement can be made by bank transfer or check.
The Seller’s liability cannot be engaged in the following cases:
– non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to verify,
-in the event of improper use, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
-The photographs and graphics presented on the site are not contractual and can not engage the responsibility of the Seller.
The Seller’s guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
ARTICLE 9 – PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivering the Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data The personal data that are collected on the YELLOWZEBU.COM site are as follows: Ordering Products: When ordering Products by the Customer: Names, first names, postal address, telephone number and e-mail address. Payment As part of the payment for the Products offered on the YELLOWZEBU.COM site, it records financial data relating to the Customer / user’s bank account or credit card.
9.2 Recipients of personal data Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products. The category (ies) of co-contractor (s) is (are): すTransport providers すPayment institution providers
9.3 Data controller The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 restriction of processing Unless the Customer expresses his express consent, his personal data is not used for advertising or marketing purposes.
9.5 Data retention period The Seller will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.
9.6 Security and confidentiality The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of the rights of Customers and users In application of the regulations applicable to personal data, Customers and users of the YELLOWZEBU.COM site have the following rights:
- They can update or delete the data that concerns them as follows:
BY LOGGING INTO YOUR ACCOUNT ON THE ACCOUNT TAB SETUP:
- They can delete their account by writing to the email address indicated in article 9.3 “Data controller”
- They can exercise their right of access to know their personal data by writing to the address indicated in article 9.3 “Data controller”
- If the personal data held by the Seller is inaccurate, they may request the updating of the information of the information by writing to the address indicated in Article 9.3 “Data Controller”
- They may request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in Article 9.3 “Controller”
- They can also request the portability of data held by the Seller to another service provider
- Finally, they can object to the processing of their data by the Seller
- These rights, as long as they do not preclude the purpose of the processing, can be exercised by sending a request by mail or by e-mail to the Data Controller whose contact details are indicated above.
- The data controller must provide a response within a maximum of one month.
- In the event of refusal to comply with the Customer’s request, the latter must be motivated.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL
(3 place de Fontenoy, 75007 PARIS) or seize a judicial authority. The Customer may be invited to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 – Intellectual property
The content of the YELLOWZEBU.COM site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
ARTICLE 11 – Applicable law – Language
These GTC and the transactions resulting from them are governed and subject to French law. These T & Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 12 – Disputes
For any complaint, please contact customer service at the Seller’s postal or email address indicated in ARTICLE 1 of these T & Cs.
The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the appointed mediator is
E-mail : .
The Client is also informed that he can also use the Online Dispute Resolution (ODR) platform: https: //webgate.ec.europa.eu/odr/main/index.cfm? Event = main.home .show
All disputes to which the purchase and sale transactions concluded pursuant to these GTCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of the common law.
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on YELLOWZEBU.COM, except for exclusions or limitations on the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of SAS, YELLOWZEBU
5 AVENUE DU GENERAL LECLERC 95480 PIERRELAYE
I hereby notify the withdrawal of the contract relating to the property below:
– Order from (indicate date)
– Order number: ………………………………………………… ..
– Client name : …………………………………………………………………
– Customer’s address: …………………………………………………………… ..
Signature of the Client (only if this form is notified on paper)