General Conditions

DEFINITIONS

Seller: ANIKAR SAS:

Head office: Avenue de la division leclerc ANTONY FRANCE
registered with the Nanterre RCS
VAT number: FR29908683816
email address: contact@zen-women.com
Opening Hours: Mon-Fri 9:00-12:00/14:00-20:00. Sat-Sun 8:00-12:00
website: https://www.zen-women.com

Buyer: a person who is of legal age and who is not acting in the course of carrying out a professional activity or business when connecting to the Website and with whom the Seller enters into a Contract, as defined below.

Order: an order placed by the Buyer according to the procedure described in article 2.1 for the delivery of one or more Product(s).

Product: a Zen-Women product offered for sale by the Seller on the Website.

Sale Price: the price of a Product mentioned on the Website, including VAT and delivery costs.

Contract: the Order placed which is accepted by the Seller.

Website: www.zen-women.com

ARTICLE 1. APPLICABILITY OF THE GENERAL CONDITIONS

1.1

These general conditions (hereinafter the “General Conditions”) are made available to the Buyer online by the Seller at the following address www.zen-women.com and apply to all offers, Orders, Contracts and other legal relationships between the Buyer and the Seller in connection with the purchase of one or more Product(s) on the Website.

ARTICLE 2. PERFORMANCE AND CONTENT OF THE CONTRACT

2.1

The presentation and advertising of the Products on our Website do not constitute an offer with binding value for the conclusion of a purchase contract.

2.2

The Buyer must select the Products from the Seller's range of goods, in the desired color and size and place them in a "shopping cart" by clicking on the "add to cart" button.

2.3

Once the Buyer has finished selecting the items in the shopping cart, he can continue by clicking on the "continue" button.

He is first redirected to an overview of the items in the shopping cart with their
characteristics, their price and delivery date.
After clicking on the "continue" button, the Buyer enters their billing address and the desired delivery address if it is different from the billing address.
After clicking on "continue" to proceed to delivery, the Buyer can provide the shipping address of their choice (for example, their home address)
to which the order must be delivered.
The Buyer can continue the order process by clicking on the “continue” button to proceed to secure payment.

2.4

The buyer can also choose from the following payment methods:
Credit card: with this payment method, the Buyer must provide the corresponding credit card information. By clicking the "validate" button, the Buyer places a legally binding order. This "validate" button will only work if the Seller's General Conditions have been previously accepted by checking the box next to the information on these General Conditions. Before clicking the "validate" button, the Buyer can cancel the order at any time, modify its contents by deleting an existing item and/or adding new products to the shopping cart, and can modify the shipping address and payment method. Please note that with this payment method, the placing of the firm order and payment are made simultaneously.

PayPal: With this payment method, the Buyer places a legally binding order by clicking the "validate" button. This "Buy Now" button will only work if the Seller's Terms and Conditions have been previously accepted by checking the box next to the information on these Terms and Conditions. Before clicking the "validate" button, the Buyer can cancel the order at any time, modify its contents by deleting an existing item and/or adding new products to the shopping cart, and can modify the shipping address and payment method. After clicking the "validate" button, the Buyer is redirected to the PayPal website to make the payment.

2.5

An agreement is concluded only when the Seller has accepted the order, either by means of a declaration of acceptance or by delivery of the ordered Product. The Seller must immediately confirm receipt of the order placed by the Buyer via the Website by sending an e-mail to the Buyer. This e-mail does not constitute final acceptance of the Order unless it contains, in addition to the confirmation of receipt, a declaration of acceptance.

2.6

The Seller reserves the right to refuse an Order placed by the Buyer or to suspend his account in the following cases:

if the total value of the Order exceeds the amount specified in the Payment section of the Frequently Asked Questions;
if the information given by the Buyer is false and/or incomplete, or if the Seller may reasonably question the veracity of this information;
if the payment due by the Buyer is not made immediately after placing the order by clicking on the “Buy Now” button;
if the Buyer has not fulfilled its payment obligation to the Seller in the past;
if the Buyer has refused to accept and/or has not collected an order that he had placed with the Seller in the past;
if there is an obvious error or processing error in the prices displayed on the Website or if the desired delivery address is not in France.
If any activity on the Buyer's account appears fraudulent or suspicious.

2.7

The Seller must inform the Buyer as soon as possible if the Order is not accepted. In this case, any payment already made by the Buyer must be immediately refunded.

2.8

The Order, the Seller's confirmation of the Order, together with the Data Protection Directive, the Website Terms of Use published on the Website and these Terms themselves constitute the entire Agreement between the Buyer and the Seller with regard to the use of the Website and the placing of an Order.

2.9

After clicking on the "validate" button, the customer thereby placing an Order which legally binds them, they are redirected to the payment page corresponding to the selected payment method. On this page, the Buyer enters the requested information in order to make the payment and then authorize it.

ARTICLE 3. METHOD OF DELIVERY AND DATE OF DELIVERY

3.1

Delivery is carried out by a carrier designated by the Seller.

3.2

After placing the Order, the Seller will deliver the Products as soon as possible, such time not exceeding fourteen (14) days from the processing of the Order by the Seller, to the address indicated by the Buyer, provided that the total purchase price has been received by the Seller during this period.

3.3

The Seller may not proceed with the delivery of the Products or withhold it if the total amount of the corresponding Order has not been paid before delivery.

3.4

In the event of a delay in delivery, or if the Order cannot be carried out or is only carried out partially, the Buyer will be informed within the same period of fourteen (14) days following the placing of the Order. In the event of failure to deliver the Product(s) within seven (7) days from the date specified by the Seller, not due to a case of force majeure, the Buyer will have the option of terminating his Order by registered letter with acknowledgment of receipt within sixty (60) days from the date indicated for delivery. In the event of failure to deliver the Product(s) resulting from their unavailability, the Seller will inform the Buyer within fourteen (14) days. The Buyer may request reimbursement of his Order from the Seller. The Seller will make this reimbursement within fourteen (14) days from the payment of the Order by the Buyer.

3.5

The risk of damage or loss of the Products passes to the Buyer upon delivery of the Products to the Buyer's address.

ARTICLE 4. PRICE AND PAYMENT

4.1

The sales prices mentioned on the Website are expressed in your local currency or in euros, include Value Added Tax (VAT) and shipping costs. Return shipping costs will be borne by the Seller. When placing the Order and confirming the Contract, the total Purchase Price is displayed.

4.2

From time to time, the Seller may adjust the prices displayed on the Website without prior notification being required. The prices displayed at the time the Order is placed are the prices that will form part of the Contract.

4.3

Payment is made via the payment methods displayed on the Website and must be made, at the latest, within 14 days following delivery of the Product.

4.4

The Buyer has the obligation to immediately notify the Seller of any error in the payment data provided by the Buyer to the Seller.

ARTICLE 5. RIGHT OF WITHDRAWAL

5.1

Users who make a long-distance transaction have a legal right of withdrawal regarding the purchase of the Product.

5.2

WITHDRAWAL POLICY

You have the right to cancel this Agreement within fourteen days without giving any reason.

This cooling-off period is fourteen days from the date on which you, or the third party you have named, other than the promoter, take possession of the Products or (in the case of an Agreement governing several Products that you have ordered in a single Order and which have been delivered separately), the last Product delivered, or (in the case of an Agreement governing the delivery of a Product in several installments or in several pieces), the last delivery or the last piece delivered.

To exercise your right of withdrawal, please inform us at the email address, postal address or telephone number mentioned at the top of this page by means of a clear statement (e.g. by sending a letter by post, fax or email) of your decision to cancel the Contract.

To meet the Product return deadline, you simply need to send your notification of exercising the right of withdrawal before the expiry of the withdrawal period for returning the Products.

The consequences of a withdrawal

If you cancel the Contract, we must reimburse you for any payment received from you, including the costs of delivery (except for the supplementary costs incurred if you chose a type of delivery other than the economy delivery offered by us) promptly and within fourteen days from the date on which we receive notification of your cancellation of the Contract.

To reimburse you, we will use the same payment method as that used for your original transaction, unless another agreement has been explicitly made with you; you will, under no circumstances, be subject to any fees related to this reimbursement.

We may refuse to refund your payment until you have returned the Product to us or until you provide us with proof that you have returned the Product to us, whichever is earlier.

You must return, or hand over, the Product to us without delay and in any event, at the latest, within fourteen days from the date on which you sent us your notification of withdrawal from this Contract. The refund period will be met if you return the Product within fourteen days. The Buyer will bear the cost of returning the Products to the Seller. In addition, the Buyer must pay compensation for any loss in value of the Products if this loss is attributable to improper handling of the Products when examining the quality, properties and manner of functioning of the Products.

Notwithstanding, the Seller may, from time to time, offer to cover the return shipping costs or offer the return of the Products at a fixed return shipping rate, provided that the Buyer uses the return shipping label provided by the Seller in the country of delivery and provided that the Buyer meets all other eligibility conditions for such offer, as communicated by the Seller from time to time. Such conditions may include, but are not limited to, the purchase of Products at full price. If the Buyer chooses to return the Products at a fixed return rate offered by the Seller, the return rate will be deducted by the Seller from the refund of the price of the Products paid by the Buyer or will be charged to the Buyer, if the Buyer has not paid the full price of the Products. The Buyer remains free, at any time, to select an alternative method of return and to return the Products at its own expense.

Exceptions for which the right of withdrawal does not apply: You do not benefit from a right of withdrawal for long-distance contracts in the following cases:

• the delivery of Products on promotion or which are not ready for use and which have been manufactured according to a decisive individual decision or choice of the Customer or which have been custom-made according to the personal requests of the Customer, and/or

• the delivery of sealed Products which cannot be returned for reasons of hygiene or health protection, in the event that their seal has been removed after delivery.

- END OF WITHDRAWAL POLICY -

ARTICLE 6. CLAIMS

6.1

The contact details of the Seller and third parties used by the Seller to handle complaints are listed on the Website under the “Contact” section.

6.2

The Buyer must check the Product(s) upon receipt and inform the Seller within a reasonable time of any visible defects on the Product(s). Complaints must be made in writing and fully and clearly justified.

6.3

A response to complaints received by the Seller is sent within fourteen (14) days of receipt. If a complaint requires a longer processing time, the Seller will inform the Buyer of the time it considers necessary within the same period of fourteen (14) days.

6.4

In the event of a Product recall by the Seller, the Buyer shall offer its full cooperation to the Seller. The Buyer shall inform the Seller directly if it suspects a safety defect in the Product. At the Seller's discretion, this Product may be subject to a recall procedure.

ARTICLE 7. INTELLECTUAL PROPERTY

7.1

All product names, trademarks, logos, models and designs (the "IP Rights") printed or indicated on the Products or indirectly related to the Products are the property of the Seller or one or more of its companies. The Buyer acknowledges the Seller's ownership rights in the IP Rights and will refrain from any use, reproduction, modification or adaptation of these IP Rights, as well as from any conduct that could infringe these IP Rights.

7.2

The Seller refers to the Conditions of Use of the Website regarding intellectual property rights relating to the Website.

ARTICLE 8. RISK AND OWNERSHIP

8.1

The Buyer bears the risks of the Products from the time of their delivery. The transfer of ownership of the Products is only made when the Seller has received full payment of all sums due in relation to the Order.

ARTICLE 9. WARRANTY AND LIABILITY

9.1

The Seller is required by law to provide a product that meets the contract concluded with the buyer.

9.2

Subject to the applicable provisions of the law, the Seller is not liable for any indirect or consequential damages that the Buyer may suffer in the performance of the Contract. The Seller may also not be held liable for non-performance of the Contract in the event of force majeure as defined by the case law of the French courts, and in the event of non-performance or poor performance of the Contract attributable to the Buyer or due to the unforeseeable and insurmountable act of a third party to the Contract.

9.3

The Seller undertakes either to reimburse the Buyer for the price of the Products, or to exchange the Product(s) for one (or more) identical product(s) depending on available stocks, or to exchange the Product(s) for one (or more) Product(s) of equivalent quality and price depending on available stocks, in the event of delivery of one or more non-compliant Product(s) or in the event of delivery of one or more Product(s) revealing a hidden defect.

9.4

The Seller refers to the General Conditions of Use of the Website regarding liability regarding the Website and its use.

ARTICLE 10. PERSONAL DATA

10.1

The Seller processes the Buyer's information in accordance with applicable regulations on the protection of personal data and in compliance with the Privacy Policy.

ARTICLE 11. APPLICABLE LAW AND COMPETENT JURISDICTION

11.1

The law of the country of your residence applies to this contract.

11.2

Any dispute that may arise between the Buyer and the Seller shall be submitted to the competent court as designated by EC Regulation No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

ARTICLE 12. NULLITY

12.1

In the event that any provision of these General Conditions is declared null and void, all other provisions of these conditions will remain in force.

ARTICLE 13. MODIFICATION OF THE GENERAL CONDITIONS

13.1

These General Terms and Conditions may be amended by the Seller at any time. The most recent General Terms and Conditions are published on the Website. The Buyer must accept these General Terms and Conditions in order to finalize their Order. When it is not possible for the Buyer to consult the General Terms and Conditions on the Website, the Seller will, upon request, send the most recent version of the General Terms and Conditions by email to the Buyer.