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General Terms and Conditions of Sale of the company ZAOZAM S.A.R.L
Applicable as of 10 August 2022
ZaoZam S.A.R.L
Address : 74, rue de Bercy 75012 PARIS, France
Telephone: 01 73 70 31 03-06 71 86 27 60
E-mail:contact@zaozam.com
SIRET: 53389581900019
Domain name : https://zaozam-trade.com/en/
Article 1: Purpose and scope
The use of the site https://zaozam-trade.com/en/ is exclusively reserved for Professionals whose number SIRET, NII or other professional identification has been validated by the company ZaoZam.
These general terms and conditions of sale (Terms of use) are addressed to each buyer to enable them to place an order through an electronic order process. (website)
Our product and price offers are valid within the limits of available stocks.
The marked stocks are indicative and can vary according to our technical constraints.
The selection of item(s), the seizure of their quantity have a firm order value on your part.
Article 2: Price
The prices of the goods sold are those in effect on the day of ordering. They are denominated in euros and calculated without taxes. As a result, they will increase the VAT rate and transportation charges applicable to the day of the order.(INTRACOM orders are not involved)
ZaoZam agrees to amend its rates at any time. However, it undertakes to charge the goods ordered at the prices indicated during the registration of the order.
The VAT rate applied is that the one applicable in France.
The prices indicated do not include shipping fees and delivery costs except in the following cases:
-Delivery offered to central Paris and near suburbs orders
-Delivery free of charge on 1000€ HT orders and above in Continental France, excluding Corsica
-Delivery free of charge on 1500€ HT orders and above in Continental Europe, excluding Switzerland and Scandinavia
Article 3: Order
Minimum Order : 300€ excluding taxes on the first order, 150€ for further restocking orders.
Any acceptance of the quotation/order voucher including the clause "I acknowledge that I have read and accept the general terms and conditions of sale" implies the full adherence of the purchaser to these general terms and conditions of sale.
(b)When ordering, you are engaged by the information you enter.
(c)In case of error in the wording of the addressee’s contact information,ZaoZam cannot be held responsible for any delivery error.
(d)ZaoZam reserves the right to refuse any order for legitimate reason in accordance with the law.
(e)The order will only be processed after receipt of your validation of the pro forma invoice incorporating the shipping and packaging costs (if object) received electronically (mail) and corresponding to the final invoice.
(f)Once the order is validated, the final invoice will reach you electronically (mail) to the email address provided by your care
Article 4: Conditions of Payment
(a)Payment periods
Payment of invoices is not made on the site.
Orders placed in France :
1- Payment on delivery for the first order
2- As from the second order and unless otherwise agreed between the parties, the payment of the goods is due within 30 (thirty) days from the date of reception of the goods.
European and international orders:
Payment at the time of order for the first time, then payment on delivery for subsequent orders.
Free shipping conditions: please refer to article 2.
(b)Method of payment
The payment can be made by cheque or bank transfer,(money transfer is mandatory for european and international orders) the latter being the preferred payment method (the bank details of ZaoZam are in the form of an invoice)
(c)No discount
will not be granted in case of advance payment.
(d)Payment delay
In the event of a total or partial default of the goods delivered on the due date, the buyer must pay ZaoZam a delay penalty of three times the legal interest rate.
The rate of legal interest retained is that effective on the day of delivery of the goods.
Effective January 1, 2015, the legal interest rate will be revised every 6 months (Order No.2014-947 of August 20, 2014).
This penalty is calculated on the taxable amount of the remaining amount due, and runs from the due date of the price without any prior notice being required.
In addition to late payments, any amount, including the deposit, not paid at its due date, will result in the payment of a flat allowance of 40 euros due to recovery costs.
Articles 441-10 and D. 441-5 of the Commercial Code.
Article 5: Delivery
Delivery is made:
•either by direct delivery of the goods to the buyer;
•either by the deposit of the goods at the place indicated by the purchaser on the order form.
The delivery time indicated (5 to 8 working days) when the order is registered is for information purposes only and is not guaranteed.
As a result, any reasonable delay in the delivery of the products will not result in the benefit of the buyer to:
•compensation for damages;
•cancellation of the order.
The risk of transport is borne entirely by the buyer.
In the event of missing or deteriorated goods during transport, the buyer must formulate all necessary reservations on the delivery voucher upon receipt of the said goods.
Shipping costs in metropolitan France, Europe and the rest of the world are calculated on the basis of weight and volume by the most advantageous carrier in terms of value for money; ZaoZam reserves the right to choose to carry out the transport service by one of the carriers with whom it has agreements.
Special case: If the customer prefers to use his own carrier, ZaoZam cannot be held liable for damages, losses or damages suffered in this context.
Article 6: Guarantees and Claims
In the event of damage during carriage, the claim must be substantiated and filed with the carrier within 72 hours.
You must also send us all the necessary information by email within this same period with photos of damaged goods and photo of shipping crate (required) and description of the damages or problems found following the actual delivery of the products.
all these photos are needed for insurance purposes.
In case of hidden or apparent defects affecting the product, the warranty of the product is exclusively limited to its replacement in its initial condition.
The warranty only covers manufacturing defects (branching, missing piece example: handle, lid, important glazing failure on ceramic products, alteration of wood, textile defects).
All products marketed by ZaoZam are of artisanal origin. As a result, cannot be considered to be defects of tones in the same glaze color, knots or veins of the wood, or nuances of the natural horn. The dimensions and weights of the items can vary by + or – 10%.
The unfit use resulting in deterioration (laps, shocks, washing or cleaning with corrosive or inappropriate products, passage of ceramics in the oven or cooking table, passage of wood/horn articles with dishwasher exclude any warranty and will not result in any compensation.
Article 7: Revocation
You have 14 working days to withdraw.
ZaoZam undertakes to refund you any order returned within this period, the stamp of the position being authentic.
The withdrawal period begins from the date of delivery of the products.
Article 8: Return of goods
For any return of goods the shipping costs will be at your expenses.
The products will only be returned or exchanged if they are in their packaging and state of origin, accompanied by their invoice. Otherwise, no warranty or withdrawal will be applied.
The return of the contested goods is the necessary prerequisite before the application of any warranty, withdrawal or claim.
Article 9: Reserve of property
The company ZaoZam retains ownership of the goods sold up to the full payment of the price, principal and accessories. In this capacity, if the purchaser is subject to a reorganization or judicial liquidation, the company ZaoZam reserves the right to claim the property in the course of the collective proceedings, goods sold and remained unpaid.
Any deposits paid will then be acquired ZaoZam damages.
The retention-of-title clause does not remove any of the risks that may arise from the taking of possession of the goods.
Article 10: Force majeure
The liability of the company ZaoZam may not be implemented if the non-performance or delay in the execution of any of its obligations described in these general terms and conditions of sale arises from a case of force majeure. As such, the force majeure means any external, unpredictable and irresistible event within the meaning of Article 1148 of the Civil Code.
None of the parties have failed to comply with their contractual obligations as their execution is delayed, hampered or prevented by a strong force majeure case.
The party affected by such circumstances shall notify the other party within ten (10) working days of the date on which it is aware of the circumstances.
In the event that this situation would last more than two months, the order could be resolved by either of the parties without compensation.
Article 11: Data protection
In accordance with the law "Informatique et Libertés" the customer can access and rectify his or her name data at any time.
Information about customers is only intended and kept by ZaoZam for the processing of orders, payments and deliveries, or for exclusive ZaoZam promotional actions.
Please refer to the article 2 -PRIVACY POLICY of Legal Disclaimers mandatory for the details of the processing of personal data.
The content published on https://zaozam-trade.com/en/ is subject to intellectual property law. Any complete or partial reproduction of any component of the site, without our prior agreement, is unlawful (Article L122.4 of the Intellectual Property Code) and will be prosecuted.
Article 12: Settlement of disputes, applicable law and jurisdiction
These Terms of use are governed by French law. In the event of a dispute, you will give priority to ZaoZam to find a friendly solution. Otherwise, the Paris Commercial Court will be the only competent.
Article 13: Legal validity
These Terms of use do not alter your legal rights.
The invalidation of any of the clauses contained in these Terms does not invalidate the other clauses.
WARNING:
The photographs on the https://zaozam-trade.com/en/ website ZaoZam are not contractual.
Any order implies the prior consultation and acceptance of the customer to these General Terms and Conditions of Sale (named Terms of use).