General Terms & Conditions | Zelekana Jewellery
Preamble
These General Terms and Conditions of Sale are concluded on the one hand by the company ZELEKANA (the "Seller"), a single-member simplified joint-stock company with a share capital of 1,000 euros, whose registered office is located at 4 rue de la Pompe, 99410 Saint Maurice,France, registered with the Greffe du Tribunal de Commerce de Créteil under number 799417399 and managing the website zelekana.com and, on the other hand, by any natural or legal person (the "Customer") wishing to make a purchase via the Website zelekana.com.
All Orders on the Site are subject to these General Terms and Conditions of Sale. These are subject to change and update. The conditions applicable to the Order of a Product by a Customer are those in force on the day of the Order, It is therefore up to the Customer to refer to it during each order validation. These General Conditions of Sale are subject to French law.
Article 1. Definitions and Purpose
1.1 Definitions
The terms and expressions identified by a capital letter in the General Conditions of Sale have the meaning indicated below (whether they are used in the singular or the plural).
General Conditions of Sale (GCS) : designates this document, i.e. the terms and conditions applicable in the relations between ZELEKANA and the Client.
Order : means the Customer's purchase order for one or more Product(s) or Service(s) placed using the Website www.zelekana.com or via Customer Service.
Website : means the Website accessible at the address www.zelekana.com
Product : means a Product or Sservice offered for sale on the Website www.zelekana.com
Customer : means a natural or legal person, consumer, who uses the Website www.zelekana.com and acquires one or more Product(s), for his personal needs, having previously adhered to the General Conditions of Sale.
1.2 Purpose
These General Conditions of Sale aim to define the contractual relations between ZELEKANA and the Customer, and the conditions applicable to any Order made through the website zelekana.com
The General Conditions of Sale are made available to Customers on the website www.zelekana.com where they can be consulted directly.
The General Conditions of Sale are binding on the Customer who declares having read and accepted them by checking the box "I accept the General Conditions of Sale" before implementing the online Order procedure.
Before any transaction, the Customer declares that the purchase of Products on the Site is not directly related to his professional activity and is limited to strictly personal use, therefore, the Customer affirms that he acts as an end consumer and that he does not intend to resell the Products for commercial purposes.
The Customer of the Site zelekana.com must be a consumer, a natural person of full age and legally capable.
Article 2. Products
The Products offered for sale are those listed on the zelekana.com Site on the day the Customer consults the Site.
ZELEKANA reserves the right to modify the assortment of Products at any time.
Each Product is presented on the website in the form of a description including its main technical characteristics (composition, size, color, etc.). Some of these pieces are unique; others may be made from natural materials (natural stone, leather, buffalo horn, etc.).
The photographs illustrating the Products may be slightly different from reality due to the settings of the customer's screen and the lighting during the shooting; in addition, concerning pieces created in an artisanal manner, the items may have irregularities in finishing, differences in format and/or colors inherent to this type of manufacturing that cannot be considered major defects. The Company's liability cannot be called into question, the validity of the order cannot be affected.
The photographs, graphics and descriptions of the Products offered for sale on the zelekana.com Site are only indicative and do not bind the company ZELEKANA in any way.
The sale of the Products presented on the zelekana.com Site is intended for all buyers residing in countries that fully authorize the entry into their territory of these Products.
Article 3. Rates
The price of the Products sold on the zelekana.com Site are indicated in Euros, per item and reference and are inclusive of all taxes (TTC).
The prices indicated do not include delivery costs, invoiced in addition to the price of the Products purchased according to the total amount of the Order.
ZELEKANA. applies French VAT at the rate of 20%.
Any change in the VAT rate may be passed on to the price of the Products. ZELEKANA reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the Order will be the only one applicable to the Customer.
At the time of validation of the Order, the price to be paid by the Customer is understood to be the all-inclusive price, i.e. the sum of the price including VAT of the items that make up the Order increased by the delivery costs.
Any Order delivered outside mainland France may be subject to any local taxes, customs duties, sea taxes and customs clearance fees upon delivery. Their payment is the responsibility of the Customer. Information available from the competent authorities of the country of delivery.
In metropolitan France, a flat rate contribution to shipping costs will be invoiced to the Customer, in the amount of €6.41 including tax for home delivery and €4.88 including tax for delivery to a relay point.
Free shipping in France metropolitan from 80€.
Free shipping In France to a Point Relais from 50€.
In addition, the Customer may have to pay customs duties or other taxes due when importing the Products into the country of delivery. In the event of refusal to pay customs fees, the package will be returned to the sender. Customs fees will be deducted from the refund.
Article 4. Order and payment terms
4.1 Order
Any Order placed on the zelekana.com Site constitutes express acceptance of the General Terms and Conditions and constitutes acceptance of the prices and Products available for sale on the Site.
ZELEKANA 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.
To order Products on the Website zelekana.com, the Customer must create an account by providing the information required in the registration form.
For this purpose, the Customer declares to provide complete, non-erroneous personal information of a nature to allow for the precise identification of the Customer in any situation. Any fanciful or slanderous personal information is likely to result in the closure of the Customer's account and the cancellation of the Order.
At each visit, the Customer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself using this information.
Ordering on the Site is subject to compliance with the procedure set up by zelekana.com , embodied by a succession of different screen pages indicating the steps that the Customer must follow to validate their Order.
Some of the jewelry offered by ZELEKANA is produced in limited quantities by its workshop. They will therefore be produced upon validation of the Order (except for certain references for which stock is available).
After having checked the content of their Order, as well as the total cost thereof (Products ordered, shipping costs, delivery address, etc.), the Customer will definitively confirm it at the payment stage. This confirmation will constitute the conclusion of the contract.
Once the contract has been concluded, ZELEKANA will send the Customer, by email, a confirmation of their Order containing a summary of the information entered on the order form.
4.2 Payment method
The Customer may pay for their purchases by PayPal or bank card.
The amount due is payable in euros (€) only. If the Customer's account uses another currency, the amount will be converted at the final exchange rate at the time of payment. All exchange fees will be borne by the Customer.
When paying, the bank requests personal information from the Internet user in order to verify the identity of the cardholder and validate the transaction. The Customer must provide their bank card number, depending on the type of card, its expiry date and the cryptogram number.
The financial information will be transferred using a cryptographic protocol to PAYPAL or other banks providing services related to remote electronic payment, without third parties being able to access it under any circumstances.
If the payment is accepted, the Order is registered and the contract is definitively formed.
ZELEKANA will then send the Customer, by email, confirmation of the registration of their Order containing a summary of the information entered on the order form.
Article 5. Reservation of ownership
ZELEKANA retains full ownership of the Products sold until full payment of the price, including principal, costs and taxes.
Article 6. Withdrawal
Under Article L121-20 of the Consumer Code, the customer has 14 days from the delivery of their order to exercise their right of withdrawal. Only items that meet the following conditions will be refunded or exchanged:
The product must not have been worn, used, washed, modified or damaged.
The product must not have been custom-made (see Special Orders).
Please address all demands for returns at our service: contact@zelekana.com
The product must be returned in perfect condition in its original packaging (presentation card, pouch, etc.) accompanied by the invoice and an explanatory note containing the customer's contact details and their desire to receive a refund or credit, to the following address:
ZELEKANA
Service EShop 4,
rue de la Pompe
94410 St Maurice
Please make note of the order number so we may identify your order. If you are unable to identify the order the jewelry will not be reimbursed.
No refund will be made to the customer who has not exercised their right of withdrawal under the conditions listed above.
The shipping costs related to the return of the products remain the responsibility of the customer unless the product received is not compliant or has a manufacturing defect. Any customs fees related to the return of a product from a foreign country are also the responsibility of the customer.
If an item was purchased with a discount code, then the refund will take into account the amount paid with this code.
The refund can only be made to the bank card used for payment within 14 days after receipt of the products.
The refund will be made in euros (€). If the customer's initial account is in a currency other than the euro, the refund amount will be converted into the currency of the account at the effective rate at the time of the refund and not at the time of purchase.
The exchange fees incurred by the Customer during their initial purchase will remain their responsibility and will not be subject to any refund.
For any order cancellation, send us an email within an hour of your order to contact@zelekana.com specifying your full name and your order number, we will do what is necessary. The customer has the possibility to contact customer service by e-mail: contact@zelekana.com for any additional information.
Article 7. Delivery
The Products are delivered to the delivery address indicated on the order form. If the product is in stock, all orders placed before 17 p.m. (French time), from Monday to Friday excluding public holidays, are prepared and handed over to the carrier the next day.
If the product must be manufactured, the jewel will be produced within 1 to 5 working days depending on the model.
Delivery costs and times vary depending on the country and the delivery service chosen.
Standard shipping: 3 to 5 working days in France metropolitan and one week internationally.*
Express shipping (Chronopost) from 24 to 48 hrs on working days and 72hrs internationally.*
*During holidays the delays are 5 to 7 days for standard shipping and 2 to 3 days for express shipping.
Delivery times, 3 to 5 working days are indicative as communicated by the carriers, if these exceed thirty days from the order, the sales contract may be terminated and the customer reimbursed.
The package is delivered according to the shipping method chosen by the customer Lettre,Colissimo or Chronopost via the postal service depending on the delivery areas. and is given to the recipient against signature of a delivery slip depending on the delivery method.
ZELEKANA may provide the customer with the tracking number of their package by e-mail.
The products are delivered worldwide. No delivery can be made to a hotel address or a PO box.
The risks related to transport are the responsibility of the purchaser from the moment the items leave the premises of the ZELEKANA company. Delivery times are the sole responsibility of the carriers and under no circumstances can ZELEKANA be held liable in the event of non-compliance with delivery times.
The buyer is required to check in the presence of the postal worker or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Warranty
Legal Guarantee
All products supplied by the company ZELEKANA benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold online, it may be returned to the company ZELEKANA, which will take it back, exchange it or refund it. However, all jewelry offered during a promotional offer will not be exchanged or refunded.
All complaints, requests for exchange or refund must be made by email to the following address: contact@zelekana.com within 14 days after delivery.
Commercial Guarantee
ZELEKANA products purchased on this site are guaranteed for 6 months against any production defect or abnormal wear and upon presentation of the invoice.
ZELEKANA covers the repair (parts and labor, within the limit of available raw materials) of jewelry for defects such as broken chain, defective clasp, stone re-gluing, replacement of leather links, change of ring.
If the jewel cannot be repaired, its exchange for an identical item whenever possible and, failing that, for a credit of a similar value usable on our e-shop within 6 months of obtaining it., no refund will be possible.
Once the jewel has been repaired or exchanged, it will be returned to the billing address except in the case of specific requests. The defective jewel that cannot be repaired will be kept by our after-sales service.
The warranty applies within the framework of normal use. The following are excluded from the commercial warranty:
- natural wear and tear of the jewel;
- breakage of an element constituting the jewel, loss of the jewel or an element of the jewel;
- non-compliant use and maintenance as well as defects in use or maintenance;
- deterioration due to handling error, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes;
- work carried out on the jewelry by any person not authorized by Customer Service, as well as damage resulting from such work;
- jewelry offered as part of a promotional offer.
Please send your return requests to contact@zelekana.com (invoice, product photo and description of the defect) before any physical return of the product. Defective products are processed within a minimum of 15 days.
Article 9. Liability
The ZELEKANA company in the distance selling process, is only bound by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 10. Intellectual Property
All elements of the zelekana.com site are and remain the intellectual and exclusive property of the ZELEKANA company. No one is authorized to reproduce, exploit, or use in any capacity whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.
Certain products have been registered as designs and are automatically protected by copyright.
The Customer is prohibited from any act of reproduction or use of product models, packaging, photographs, compositions of photographs, concepts, product names, texts, illustrations, brands or distinctive signs, business secrets, techniques or know-how used by ZELEKANA, as well as any act tending to the appropriation of these elements, whether or not they are protected by ZELEKANA, by a brand, a design or copyright.
Consequently, any reproduction not authorized by ZELEKANA will be subject to counterfeiting and may lead to legal proceedings.
Article 11. Personal data
ZELEKANA undertakes to preserve the confidentiality of the information provided by the Customer, which he would be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of law n°78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make a request at any time by mail to the following address: ZELEKANA, 4 rue du Pompe, 94410 St Maurice, France.
Article 12. Applicable law and disputes
In the event of a dispute, the customer may contact ZELEKANA Customer Service by email at: contact@zelekana.com
An amicable solution will be sought before any legal action. Failing this, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of jurisdiction of common law.
The General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
These distance selling conditions are subject to French law. For any dispute or litigation, the French courts will have sole jurisdiction.