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General Conditions

The aim of these general conditions of sale is to govern the rights and obligations of the "ZAYHO" company, a limited liability company with assets of 4000 Euros whose head sales office is located at 33 rue de Neuilly 92110 Clichy, registered with the Montluçon RCS (French Companies and Commercial Register).

On this account, any order placed through the site implies full and total acceptance of these general conditions of sale.

Article 1: Sales offer

Customers are informed on the site about the main characteristics of the products.

However, customers are advised to read the directions for use or any other information enclosed with the product, or on the product, or its packaging (Caution before use, conditions for use…)

Customers are reminded that the photographs illustrating the products, in support of the texts, are not contractually binding. Therefore, if any discrepancies occur, ZAYHO will in no way be liable.

Article 2: Agreement and coverage

These general conditions of sale are applicable to all product sales made via the site to be delivered within France.

The customer declares that they have read the general conditions of sale before the order is registered and acknowledges that confirming their order implies unreserved acceptance of these general conditions of sale.

These general conditions of sale will be applicable as they are published on the www.zayho.com site.

ZAYHO reserves the right to adapt or modify these general conditions of sale at any time and without prior notification, the adaptations or modifications then being applicable to any order placed subsequent to these adaptations or modifications.

Article 3: Ordering and Payment Terms

The customer places their order exclusively on line on the www.zayho.com site in accordance with the procedure in force on web sites and confirms the detailed summary of their shopping basket. They are offered a choice of payment methods.

The customer is obliged to fill in all compulsory boxes on the electronic form.

An order number will be sent to them in a confirmation e-mail, this mail confirms that the order has been taken into account by ZAYHO, and not that the ordered product is available.

Sending this order number does not in itself constitute acceptance of the order, ZAYHO’s agreement only being definitive once ZAYHO has accepted if payment by bank card.

 ZAYHO undertakes to honour the orders received on the Internet sites only while stocks of their products last. If the product is available, ZAYHO undertakes to inform the customer as quickly as possible using any appropriate means.

Payment is made by bank card using secured payment on the CIC server, the most reliable secured payment system available to date: SSL (Secure Socket Layer) Protocol. During the payment transaction, you enter your bank details directly onto the e-transaction secured server of our bank the CIC. At no time will your card number be communicated to us.

Article 4: Product prices

The prices of the products are shown in Euros including VAT, postage costs in addition. The price including VAT of each of the products the customer would like to purchase, as well as the total postage costs relating to their delivery will be indicated to them when they connect to the site before they confirm their order.

Article 5: Ownership reservation clause

ZAYHO expressly reserves ownership of goods delivered and mentioned hereafter until full payment of their principal and interest price has been made. The provisions set out above do not rule out the risks of loss or damage as from delivery to transfer to the customer. If full payment is not made, the Company will be entitled to demand that the delivered products be returned and at the expense of the customer.

Article 6: Delivery

ZAYHO does everything in its power to ensure that the ordered products are delivered within the most reasonable time. In the event of an unforeseen delay in delivery time for reasons beyond its control, ZAYHO undertakes to warn you as soon as possible so that you can decide whether to maintain or to cancel all or part of your order.

Article 7: Retraction

 ZAYHO agrees that any customer who is not satisfied with the ordered products may exercise their right to retract their order under the best conditions. The retraction time granted to the customer when goods are purchased is, in line with the law, 7 (seven) clear days, from the date the order is received. During this time, the customer can return, at his own expense, and with no other penalties incurred, the product or products they are unhappy with.

It is understood that the Product(s) returned post paid by the customer must be as new and in their original packaging, as delivered by ZAYHO.

Article 8: Guarantee of conformity

The customer must check that the delivered products match their request.

Any claim for visible defects or non-conformity of the delivered Product should be made by the customer within the three working days following the date on which the Product is received by the customer.

If no claim is made within the aforementioned period, it will be assumed that the delivered products are up to standard and accepted by the customer.

Article 9: Protection of privacy

 ZAYHO has put together an electronic file that records certain personal details relating to their customers in order to help monitor their orders and send them sales information and solicitations. The customer consents to the use of this data by ZAYHO, in particular for communicating information relating to the services and special offers that may interest them.

This database has been officially declared, in compliance with regulations as required by the French "Information Technology and Civil liberties" Law No. 78-17 dated 6th January, 1978 amended by Law No. 2004-801 dated 6th August 2004. The customer may, at any time, ask not to receive any more proposals by e-mail. In accordance with the measures laid out in the Information technology and Civil Liberties Law dated 6th January 1978, the customer has the right to access and rectify the personal data provided for the processing of their order.

Article 10: Liability

ZAYHO’s liability is limited to direct and foreseeable damage that may result from the use by the customer of the site and the delivered products. ZAYHO will be in no way liable for damage resulting from a customer error when using the products.

ZAYHO will be in no way liable if the non-fulfilment or erroneous fulfilment of obligations can be attributed to the customer, to the unforeseeable and uncontrollable act of a third party in no way involved in supplying the services described in these general conditions of sale, or to an unforeseeable, unpredictable and external event.

ZAYHO is not liable for the content and operating methods of the sites linked to the site or for damage of any nature that the customer may incur when visiting one of these sites.

Using the site implies the recognition and acceptance by the customer of the characteristics and limits of the Internet and new technologies linked to it, the absence for certain data of protection against possible embezzlement or piracy and risks of contamination by any viruses that may be circulating on the network. ZAYHO refuses all responsibility in the event of incorrect use or an incident linked to computer use, access to the Internet, maintenance or the malfunctioning of the servers, the telephone line or any other connection technique, and the sending of forms to an incorrect or incomplete address, any kind of computer error or mistakes observed on the site.

Article 11: Industrial and intellectual property rights

All the elements on the www.zayho.com site, whether visual or sound-based, including the technology behind it, are protected by copyright, registered trade names and patents.

They are the sole and exclusive property of the Zayho Company. For this reason, only private use subject to different or indeed more restrictive measures in the intellectual property code is authorised.

Any whole or partial reproduction of the www.zayho.com site is strictly prohibited under infringement.

Article 12: Unforeseen events

 ZAYHO will not be held liable for any breach of its obligations as described in these general conditions of sale whose cause is due to facts beyond its control and/or resulting from an unforeseen event recognised as such by the French Courts.

Article 13: Governing law in case of contention

This contract is subject to French legislation, in the case of contention an amicable solution will be sought before undertaking any legal action. Failing that the competent court of jurisdiction will be the Montluçon commercial court wherever the goods were delivered and whatever the method of payment used.

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