Commercial Terms
LAST UPDATE: 14 MAY 2020
The purpose of the present section is to set the terms and conditions according to which ZOAJE sells Gold-filled 14K designer jewelry (referred as the “Products”) to its customers by the website www.zoaje.com (the “Website”).
ZOAJE is a company registered in the Rouen Trade and Companies Register under the number 844 898 692 and whose registered office is located at 2 Rue Achille Flaubert (76000); Telephone +86 15601725538; Email: contact@zoaje.com (referred as “ZOAJE”)
Acceptance of these general terms and conditions of sale (“T&S”) implies the Customer’s full and unreserved acceptance of these T&S.
All orders on the website are subject to these T&S. These may be subject to modifications and updates; the conditions applicable to an order for a Product placed by a Customer are those in force on the day the order is placed.
1. PURPOSE
The present Terms and Conditions of Sale exclusively govern the sales made by ZOAJE of the Products offered to buyers acting as consumers (referred as “Customer(s)”) on the Website and set out the conditions of ordering, payment, delivery and management of any returns of products ordered by the Customers.
The T&S are opposable to the Customer who declares having read them and haven’t accepted them by ticking the box “I accept the General Terms and Conditions of Sale” box, before the implementation of the online ordering procedure.
2. CUSTOMER
The Customer of the website must be a consumer, a natural person of full age and legally capable. For each order, the customer must fill out an order form specifying certain mandatory fields so that his order of products can be taken into account by ZOAJE.
3. PRODUCTS
The essential characteristics of the products are presented on the website within each of the product description. If the customer has any questions, they can contact ZOAJE by phone at +86 15601725538 or by email at contact@zoaje.com.
4. ORDERING PROCEDURE
To place an order, the following steps must be respected:
- the Customer adds the Product to his basket, specifying the quantity;
- the Customer checks the nature of the Products added to the basket;
- to delete an item, the Customer must click on “Delete” or on the cross “X” and to change the number of items, modify the quantity or click on “+” or “-” ;
- the Customer can then finalize his order or choose to continue shopping ;
- the Customer must choose his mode of delivery;
- To conclude the purchase contract and finalize the order, the Customer must fill in the order form and indicate the personal data necessary for the order;
- the Customer must choose his method of payment;
- it is the Customer’s responsibility to check the details of the order and in particular the total price of his order taking into account the price of the Products, the delivery terms and costs, the VAT, the Product in particular in terms of quantity ;
- the Customer must read and accept the T&C ;
- The Customer proceeds to payment.
It is up to the Customer to verify the accuracy of the information he communicates.
ZOAJE reserves the right to refuse, cancel and stop orders at any time for legitimate and legal reasons.
ZOAJE will also be entitled to refuse any order placed by a Customer with whom there is a dispute regarding the payment of a previous order as well as any order that does not comply with these Terms and Conditions of Sale.
In such cases, ZOAJE will inform the Customer by phone or email.
The contract is deemed concluded upon receipt by ZOAJE of the order and after ZOAJE has verified the accuracy of the order data.
After confirmation of your order, a notification of receipt will be sent by email to the Customer, containing a summary of the order information (essential characteristics of the product, price, choice of payment, right of withdrawal, delivery times and costs).
5. PRODUCT AVAILABILITY
The Products displayed on the Website at any given time are in principle deemed to be available in stock at that same time, except for time-limited offers as part of a special operation specifically referred to as such on the Product page.
This a priori availability is checked after the Order has been accepted and paid.
If one or more Products are unavailable, ZOAJE undertakes either to propose a new delivery date to the Client for the Products that have been ordered, or to refund them by re-crediting the payment method used for the purchase, and this within 14 calendar days of the Order payment.
6. PAYMENT
The website offers a single payment by Credit Card and Paypal. When the order is finalized, ZOAJE will confirm the payment by sending to the Customer a summary email.
The prices displayed on the website are in Euros and in Dollar, all taxes included (French VAT and other taxes applicable on the day of the order). The costs of packaging and shipping fees are indicated before the Customer places the order.
ZOAJE may modify the prices of the Products at any time and without prior notice in particular due to changes in the economic, legislative and fiscal framework. The Products are invoiced on the basis of the price list in force when the Customer places an order.
The Products remain the full and complete property of ZOAJE until the complete payment of each order by ZOAJE.
For delivery outside the European Union, the Customer may have to pay customs duties or other taxes due upon importation of the Products in the country of delivery. All formalities relating to the delivery are the whole responsibility of the Customer. The Customer is solely responsible for checking the possibilities of importing the Products ordered with regard to the rights of the territory of the country of delivery.
7. DELIVERY
The Products will be delivered to the delivery address indicated on the order form.
The Customer will be free to choose the carrier.
After these carrier conditions have been validated and before the Order is submitted for payment, the Customer will have access to a summary of the Order by carrier method for which the Products in question are eligible and according to the option chosen by the Client when it was offered to him/her. The cost of the carrier method allocated or chosen will be displayed before the Order is submitted for payment.
When the Order has been duly prepared and is ready for dispatch, the Client will receive an email relating to the dispatch of his/her Order by carrier method as agreed.
The products are delivered worldwide. No delivery can be made to a hotel address or a post office box.
ZOAJE undertakes to ship all orders placed within 7 working days from the moment of order confirmation. However, during busy periods such as Christmas, ZOAJE reserves the right to extend the shipping time to 10 working days.
It is specified that any change of delivery address made by the Client after the registration of the order may bring to an extension of the delivery time.
8. GUARANTEES
For any request relating to commercial and legal guarantees, please contact :ZOAJE, Camille HAMEL, 2 Rue Achille Flaubert (76000) ROUEN – Telephone +86 15601725538 (cost of a local call in metropolitan France, indicative rate from a landline, which may vary depending on the operator) – e-mail: contact@zoaje.com
8.1 COMMERCIAL GUARANTEE
In addition to the legal guarantees referred to in 8.2 to which we are bound, there is a commercial guarantee which covers the repair of jewelry (replacement of clasp, broken chain, soldering and gluing stones).
The Customer may request the application of this guarantee by sending us a message to contact@zoaje.com. The product must be returned to us by post to the following address: Hamel Camille, 2 Rue Achille Flaubert (76000) ROUEN;
This guarantee is free of charge.
This warranty runs from the date of delivery of the Product for a period of 1 year and applies worldwide.
This commercial warranty does not apply:
– to non-conforming use and faulty operation
– damage due to incorrect handling, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes
-in the event of abnormal maintenance operations or in the event of a lack of maintenance and hygiene
– to interventions carried out on the jewel by any person not authorised by Customer Service as well as any damage resulting from such an intervention
The shipping costs will be charged to the customer unless the jewelry has a manufacturing defect where ZOAJE will take care of it.
Article L 217-16 of the French Consumer Code: When the buyer requests the seller, during the period of the commercial guarantee that was granted to them at the time of purchase or repair of an item of personal property, a refurbishment covered by the guarantee, any period of immobilisation of at least 7 days shall be added to the remaining guarantee period. This period shall run from the date of the intervention request by the buyer or the provision of the item in question for repair, if said provision is later than the request for intervention.
8.2 LEGAL GUARANTEE
The non-professional Client benefits from the legal guarantees of non-conformity as well as for hidden defects in the item sold in accordance with the legal provisions reaffirmed hereinafter.
If the Client should find that the Box or the Product that has been delivered to him/her is defective, non-conform or is damaged, she/he should return it to ZOAJE.
The Products must be returned to ZOAJE, in their original packaging accompanied by the corresponding invoice and the return number supplied by ZOAJE.
The non-professional Client is reminded that ZOAJE is therefore liable for the non-conformity of Products under the conditions of article L.217-4 and following of the Consumer Code, according to which “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility”.
The non-professional Client is informed that, according to article L.217-5 of the Consumer Code, “The product conforms to the contract:
1° If it is suitable for the purpose usually associated with such a product and, if applicable:
- if it corresponds to the description given by the seller and has the features that this latter presented to the buyer in the form of a sample or a model;
- if it has the features that a buyer could reasonably expect considering the public statements made by the seller, the producer or its representative, in particular in its advertising or labelling;
2° Or if it presents features defined by mutual agreement between the parties or is suitable for any specific use as sought by the buyer and of which the seller was made aware, and which this latter accepted”.
According to the terms of article L.217-12 of the Consumer Code, the non-professional Client is informed that “action for lack of conformity lapses two years after delivery of the product”.
Further, article L217-16 of the Consumer Code provides that “when the buyer asks the seller, during the course of the contractual guarantee that was given when the product was purchased or repaired, for a remedy covered by the guarantee, any period of immobilization of at least seven days will be added to the unexpired term of the guarantee. This period runs from the time the buyer requests assistance or makes the product in question available for repair, if this is subsequent to the request for assistance”.
ZOAJE is also liable for hidden defects in the product sold under the conditions provided in article 1641 of the Civil Code under the terms of which “the seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of its defects”.
The non-professional Client is informed that, according to article 1648 al 1 of the Civil Code, “action resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect”. If the non-professional Client decides to use the guarantee against hidden defects in the Product sold, s/he can choose between setting aside the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
It is reminded that, concerning the legal guarantee of conformity, the Client:
- Has a period of two (2) years from delivery of the product in which to act;
- Can choose between repair or replacement of the product, subject to the conditions of cost as provided for in article L. 217-4 of the Consumer Code;
- Does not need to provide evidence of the product’s non-conformity in the twenty-four (24) months following delivery of the product;
- May decide to invoke the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code. In this case, she or he can choose between setting aside the sale or a reduction in price in accordance with article 1644 of the Civil Code.
This presumption reverses the burden of proof to the benefit of the consumer, leaving it to the trader to prove that the defect did not exist at the time of purchase of the goods. The consumer need only prove the existence of the defect.
The consumer may not invoke the guarantee of conformity under Article L.217-8 in three cases:
– when he was aware of the defect at the time of contracting;
– when he could not have been unaware of the defect at the time of contracting;
– when the defect results from materials that he himself has supplied.
It is also reminded that the legal guarantee of conformity applies independently of ZOAJE commercial guarantee that may be given.
If reparation or replacement of the Product is impossible, ZOAJE reserves the right to send the Client another Product, of an equivalent value.
9. CUSTOMER’S RIGHT TO WITHDRAWAL
In accordance with articles L 221-18 et seq. of the French Consumer Code, the Customer can choose to cancel their order without having to provide any reason. They have the right to withdrawal in order to do this. They (or a third party designated by them) can exercise this right within a period of 14 days from receipt of the Product. The Customer may also exercise his right of withdrawal from the conclusion of the sales contract, i.e. from the date of his purchase.
Before the expiration of this 14 day period, the Customer must inform ZOAJE of his decision to withdraw by sending an email clearly and unambiguously expressing this decision and mentioning his order number to: contact@zoaje.com.
The Customer must return the Product, at his own expense (except if the product does not conform or has a manufacturing defect), to ZOAJE, at the address below, at the latest within 14 days following the communication of his decision to retract :
Camille HAMEL
2 Rue Achille Flaubert
76000 ROUEN
ZOAJE strongly advises its Clients to return products by tracking letter or Colissimo. The Client also has the possibility to choose the carrier of his choice. It is therefore recommended to take care of the proof of this return, which supposes that the Products are returned with parcel tracking, or by any other means giving a certain date.
ZOAJE must reimburse the Customer within 14 days at the latest from the date on which ZOAJE has effectively recovered the Product.
The refund will be made by bank transfer to the card used to pay the initial invoice.
It is not possible to replace or exchange the returned products. It will be necessary to place a new order online.
In the case of personalised products: Article L 121-20-2 of the French Consumer Code sets out that the right to withdrawal cannot be exercised in the case of contracts for the supply of goods produced according to the consumer’s specifications, or that are clearly personalised.
10. EFFECT OF THE CONTRACT
The contract produces all its effects from its conclusion and cannot be unilaterally cancelled by one or other of the parties, barring exercise by the Customer of their right to withdrawal under the conditions set out in articles L 221-18 et seq. of the French Consumer Code.
11. INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and contents (texts, images, visuals, music, logos, trademarks, etc. …) operated by ZOAJE as part of its Website, together with the Products that are presented on it, are protected by all intellectual property rights that are in effect. Any disassembly, de-compiling, decrypting, extractions, re-use, copies and generally any act of reproduction, representation, broadcasting and use of any one whatsoever of these elements, in whole or in part, without the authorization of ZOAJE, is strictly prohibited and may result in legal proceedings.
The trademarks, logos, company names, acronyms, trading names, brands and/or domain names of the company ZOAJE and/or the creators featured on the Website, constitute distinctive signs that cannot be used without the express and prior authorization of their owner.
All representation and/or reproduction and/or use, partial or total, of these distinctive signs is therefore prohibited.
12. SETTLEMENT OF DISPUTES
In the event of a dispute, the Customer should first contact ZOAJE’s Customer Service by calling +86 15601725538 or by email at: contact@zoaje.com. In the absence of a solution within 21 days following his request, the Customer may refer the matter to the Joint Mediation Commission for Direct Sales, 100 avenue du Président Kennedy, 75016 Paris, Tel: 01 42 15 30 00, E-mail: info@cmpvd.fr, website http://mediation-vente-directe.fr/ which will seek an amicable settlement free of charge. This Commission has exclusive jurisdiction to deal, within the framework of a mediation process, with disputes arising between ZOAJE and the Client.
13. APPLICABLE LAW AND COMPETENT JURISDICTION
The T&C are subject to French law.
In accordance with consumer law, in the event of failure to find an amicable settlement, any disputes to which the T&C may give rise, in relation to their validity, interpretation, execution, cancellation, their consequences and their results will be submitted to a court of competent jurisdiction in accordance with the rules of competency of common law.
14. REVIEW INVITATION
When agreeing to ZOAJE Terms and Conditions the Customer is also consenting to receive follow-up emails about his or her order, marketing and emails inviting him or her to give a review about our shop and/or the products him or her bought.
