Terms and conditions of sales
The Buddha Store website, managed by LTH ('The Seller') makes its customers available via its website https://www.zen-bouddha.com/ ('Site') of products or services ('Products' or Services).' It is previously specified that these General Terms of Sale (hereinafter the "CGV") exclusively govern the sales of Products or Services on the Site.
Coordinates
Email: contact@zenbouddha.com
The user visiting the Site and who is potentially interested in the products and services offered, is invited to read these CGV carefully. He is invited to print them and/or save them on a durable medium, before making an order on the Site.
The Client acknowledges that he has been aware of the GVCs and accepts them in full and without reservation.
Application of GVCs
The Seller reserves the right to modify the GVCs at any time by publishing a new version of them on the Site.
The GVCs applicable to the Customer are those in effect on the day of their order on the Site.
This Site offers the online sale of the following products: Jewelry, Stones, Decorative Items, etc.
Access to the Site is free for any Customer. The Customer states that he has been aware of these GVCs and has accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure. Checking this box will be deemed to have the same value as a handwritten signature from the Customer.
Acceptance of these GVCs assumes that they have the legal capacity to do so. If the Client is a minor or does not have this legal capacity, he declares that he has the permission of a guardian, curator or his legal representative.
The Client recognizes the evidentiary value of the Seller's automatic registration systems and, except for him to provide evidence to the contrary, he forgoes challenging them in the event of a dispute.
Article 1 - Price and payment terms
1.1 - Pricing CGV e-Commerce page 1 Prices for Products and/or Services are shown in euros for all taxes included (VAT - other taxes, including tax on videograms, eco-participation...) excluding participation in processing and shipping costs. Zen-Buddha reserves the right to change its prices at any time and to pass on, if applicable, any change in the prevailing VAT rate on the price of the Products or Services offered on the Site. However, products will be billed based on current rates at the time of order validation. Prices are displayed outside of participation in processing and shipping costs. In case of order to a country other than metropolitan France the Customer is deemed to be the importer of the product or products concerned. For all products shipped outside the European Union and DROM-COM, the price will be calculated tax-free automatically on the invoice. Tariffs or other local taxes or import duties or state taxes may be payable. These rights and sums are not within the purview of Zen-Buddha. They will be the responsibility of the Client and are the responsibility of the Client, both in terms of declarations and payments to the relevant authorities and//or agencies in your country. The Client is advised to inquire about these aspects with his local authorities. Zen-Buddha is not intended to sell to professionals, the products and services sold by Zen-Buddha are reserved for individuals.
Article 2 - Orders and customer account
2.1 - Customer Account In order to place an order, the Customer is invited to create an account (personal space). The Customer must register by filling out the proposed form at the time of the creation of the account, and undertakes to provide sincere and accurate information about his marital status and contact information, including his email address. Customers can change them at any time by logging into their account. He is responsible for updating the information provided. To access their personal space and order history, customers will need to identify themselves using their username and password, which will be communicated to them after registration and are strictly personal. As such, the Client forbids any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it. Customers will be able to request their opt-out at any time by going to the dedicated page or by sending an email to contact@zenbouddha.com. This will be done within a reasonable time. In case of non-compliance with the terms and conditions of sale and/or use, the Zen-Buddha site will have the possibility to suspend or even close a customer's account after a formal notice addressed electronically and remained ineffective. Any deletion of the account, for whatever reason, results in the outright deletion of all personal information of the Customer. Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the seller's responsibility.
2.2 - Payment Terms The Customer can place an order on this Site and can make payment by:
- Bank card
Paypal
No data on the Customer's means of payment is collected by the Site. The payment is made directly in the hands of the bank or payment provider receiving payment from the Customer. In the event of payment by cheque or bank transfer, the delivery times set out in the "Delivery" article of these GVCs do not begin to run until the date of the seller's actual receipt of the payment, which can be proved by any means.
Orders and invoices will be archived on a reliable and durable medium that is a faithful copy. Computerized records will be considered by the parties as evidence of communications, orders, payments and transactions between the parties.
2.3 - Orders
The Customer can order on:
- On the Internet: https://www.zen-bouddha.com/
The contractual information is presented in French and will be confirmed with this contractual information at the latest at the time of your order validation.
2.4 - Payment deadlines
The price is payable in cash, in full on the day of the order.
Article 3 - Order validation
The Customer states that he has been aware of and accepted these Terms and Conditions of Sale prior to the placing of your order. The validation of his order is therefore worth accepting these Terms of Sale.
Article 4 - Availability
Product availability is shown on the Site, in the description sheet of each Product. In the event of product unavailability after placing the order, the Customer will be informed. The order will be automatically cancelled and no bank debit will be made.
Article 5 - Delivery
5.1 - General
The products are delivered to the delivery address that the Customer will indicate during the ordering process, unless delivery restrictions are shown on the customer's validation page.
The Site has no geographical delivery limitations, orders can be shipped anywhere in the world. In the event of delivery of a product outside the territory of the European Union and in DROMCOM, the Customer declares himself the importer of the Product and accepts that in such a case, the Seller may be physically unable to provide him with any information. the total amount of customs duties and formalities or import taxes applicable in the country where the product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Customer Consumer.
5.2 - Delivery times
The delivery time corresponds to the shipping time shown on the Article card plus the processing and delivery time.
In the event of delivery by a carrier requiring an appointment with the Customer, the customer will contact the Customer as soon as possible to agree a delivery appointment, 30 days at the latest from the date of your validation. ordering. Zen-Buddha cannot be responsible for delayed delivery due exclusively to customer unavailability after several proposals for appointments by the carrier.
In the case of orders several products at the same time and these have different delivery times, the delivery time of the order is based on the furthest time. Zen-Buddha, however, reserves the possibility of splitting expeditions. Participation in processing and shipping costs will only be charged for one shipment.
In case of credit card or private payment and split deliveries, only the products shipped are debited.
The customer is reminded that when he (or a third party designated by the latter) physically takes possession of the products ordered, the risks of loss or damage to the products are transferred to him.
Article 6 - Errors and delays in delivery
If the Customer's parcel is returned to the Seller by the Post Office or other postal providers, the Seller will contact the Customer upon receipt of the parcel in return to ask for the following to be given to his order. If the Customer has mistakenly refused the parcel, he can request the return by paying the postal fee for the new shipment in advance. Postal fees will have to be paid even for orders whose shipping was offered at the time of the order.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from a clumsiness or mishandling of the Customer cannot be attributed to the Seller.
In the event of a delay in shipping, an email will be sent to the Customer to inform him of any consequence on the delivery time that has been indicated. In the event of a delivery delay, a new delivery time will be proposed.
Any delay in delivery in relation to the date or time allowed to the Consumer Customer at the time of order may result in the resolution of the sale at the initiative of the Consumer Customer under the terms of Articles L 216-2, L 216-3 and L241-1 of the consumption. The request must be written on his part, sent by recommended letter with acknowledgement if after ordering the Seller to make the delivery he has not executed. The Consumer Customer will then be reimbursed, no later than 14 days after the date on which the contract was denounced, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 7 - Reception
In case of reservations about the product delivered (for example: damaged parcel, already open...), the customer will have to notify them immediately to the carrier and Zen-Buddha. Customers may refuse a package at the time of delivery if they notice an anomaly in delivery (damage, product missing from delivery order, damaged parcel, broken products,); any anomaly must then be indicated by the Customer on the delivery voucher, in the form of handwritten reservations, accompanied by the customer's signature. In order to exercise its right of refusal, the Customer will have to open the damaged or defective parcels in the presence of the carrier and have the damaged goods resumed. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the request to exercise the Customer's right of refusal.
Article 8 - Transfer of ownership - Risk transfer
The acceptance of the purchase order by the Seller automatically results in the transfer of ownership of the Ordered Products. The acceptance of the purchase order by the Seller automatically results in the transfer of risks to the products ordered.
Article 9 - Right of retraction
9.1 - Legal time limit for the right to withdraw
In accordance with the current legal provisions (Article L.221-18 of the Consumer Code), the Customer has 14 days from the placing of the order to exercise his right of withdrawal without having to justify reasons or pay Penalty.
9.2 - Retraction Terms
If the right of withdrawal is exercised within the previously targeted period, only the price of the purchased product or products and the shipping costs will be refunded, with the return costs remaining at the Customer's expense.
Returns are to be made in their original and complete state (packaging, accessories, notice ...) allowing their remarketing in the new state. In the event of a product impairment resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product, the Customer's liability may be incurred. It is understood that the Customer will bear the cost of returning the Product in the event of a retraction, as well as the cost of returning the Product if it, by its nature, cannot normally be returned by the Post Office. If the previous obligations are not made, the Customer will lose his right of withdrawal and the Product will be returned to him at his own expense.
In order to exercise his right of withdrawal, in accordance with the legal provisions, the Client can find attached in Appendix 2 the standard form of retraction to be addressed to Zen-Buddha. Once the form or statement of withdrawal is sent to Zen-Buddha no later than 14 days after receiving your order, the Customer will have to return the relevant product or products to Zen-Buddha within a reasonable time and, at the latest, within 14 days from the sending of the form or the declaration of withdrawal to Zen-Buddha.
The request must mention the order concerned by this retraction. If the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the seller. The Client may exercise his right of withdrawal by:
The Client may exercise his right of withdrawal by any means of communication.
If the right of withdrawal is exercised, Zen-Buddha Store will refund the sums paid no later than 14 days from the date zen-Buddha is informed of your decision to retract and according to the same method of payment as the one used for the order (unless the Customer expressly agrees to a refund according to another means of payment).
This refund date may be deferred until the product is received or until the Customer has provided proof of the product's shipment. The Seller is not required to reimburse the additional costs for choosing a more expensive delivery method than the standard delivery method offered on the Site.
Article 10 - Guarantees
10.1 - Product Compliance
In accordance with the provisions of the legal guarantees of compliance and hidden defects (targeted in the box below and the texts of which are specified in Appendix 1 of these conditions), Zen-Buddha reimburses or exchanges apparently defective products. or not corresponding to the Customer's order. The Customer will then have to contact the Seller as soon as possible.
The products will have to be returned in the state in which the Customer received them with all the elements (accessories, notice ...) in a package allowing transport in good conditions. It is recalled that in the context of the legal guarantee of compliance, the consumer: enjoys a period of two years from the issuance of the property to act vis-à-vis his seller; may choose between repairing or replacing the property, subject to the cost conditions of Section L. 217-9 of the Consumer Code; is exempt from reporting proof of the property's non-compliance within six months of the property being issued. This period is increased to 24 months from March 18, 2016, except for second-hand goods. The legal guarantee of compliance applies regardless of the commercial guarantee that may possibly cover your property. It is recalled that the consumer may decide to implement the guarantee against the hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction in the selling price Article 1644 of the Civil Code. The provisions of this Article do not prevent the client from benefiting from the right of withdrawal provided for in this article.
10.2 - Satisfied or refunded
The Seller offers the customer the opportunity to cancel if he is not satisfied with his order without having to justify his decision. The Customer has 14 (QUATORZE) days to send his decision to the Seller by recommended letter. The Seller will refund all sums paid by the Customer for his order.
Article 11 - Responsibility
The Seller's liability can only be incurred in the event of gross, intentional or fraudulent misconduct. In all other cases, the Seller's liability can never be sought or incurred by the Customers.
The products on offer comply with current French legislation. Zen-Buddha cannot be held responsible for non-compliance with the laws of the country where the product is delivered. It is up to the Customer to check with the local authorities for the possibilities of importing or using the products or services he plans to order.
In the event of professional purchases, Zen-Buddha will not incur any liability for any indirect damages as a result of this, loss of operations, loss of profit, loss of chance, damage or expense, which could occur as a result of the purchase of the Products. Customers are reminded to back up the data contained in the purchased products. Zen-Buddha cannot be responsible for any data loss, files or damage set in the previous paragraph. The total or partial inability to use the products, in particular because of equipment incompatibility, may not result in any compensation or reimbursement or questioning of Zen-Buddha's liability.
The products sold by Zen-Buddha hold performances compatible with professional uses even if Zen-Buddha is not intended to sell to professionals. As a result, the company will not be liable for any harm resulting from a professional activity. Similarly Zen-Buddha cannot be held liable for damages resulting from the misuse of products by the Customer.
Article 12 - Intellectual Property
All texts, comments, works, illustrations and images reproduced or represented on the Zen-Buddha site are strictly reserved under copyright as well as intellectual property and for the whole world. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of the intellectual property code is permitted. Any reproduction or full or partial representation of the Site or all or part of the elements on the Site is strictly prohibited.
The names, marks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the above signs is strictly prohibited and must be the subject of prior written authorization from the trademark holder.
Article 13 - Applicable Law - Litigation - Claims Processing - Mediation
Applicable law: This contract is subject to French law. The language of this contract is the French language. In the event of a dispute, the French courts will have sole jurisdiction.
Claims processing: For any complaints you can contact customer service at the contact details mentioned in the preamble to these conditions.
Jurisdictional assignment: In the event of difficulties arising from the ordering or delivery of items sold on the Site, the Customer will first contact Zen-Buddha to seek an amicable solution. The Client has the option of using a conventional mediation procedure or any other alternative method of dispute resolution. In the event of a dispute, in accordance with Regulation 44/2001 of 22 December 2000: - The Client may refer the matter to either the court of the place where he is domiciled, or the French courts, - Zen-Bouddha may refer the matter to the court of the place where the Client is domiciled.
Consumer Dispute Mediation: In accordance with the provisions of the Consumer Code regarding the amicable settlement of disputes, the Client may in any event resort to conventional mediation, with existing sectoral mediation bodies or any alternative method of dispute resolution in the event of a dispute. In this case, the designated mediator is Medicys 73 Boulevard de Clichy, 75009 Paris 01 49 70 15 93 contact@medicys.fr
Online Litigation Settlement Platform: In accordance with Article 14 of Regulation (EU) 524/2013, an online Dispute Settlement platform has been set up by the European Commission, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/
Article 14 - Personal data
Personal information and personal data about the Customer are necessary for the management of his order and business relations. They can be passed on to companies that contribute to these relationships, such as those responsible for executing services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to CGV e-Commerce page 8 comply with legal and regulatory obligations and as well as to allow Buddha Store to improve and customize the services offered and information provided.
In accordance with the Computer Law and Freedoms of 6 January 1978, the Client has the right to access and correct and oppose the personal data concerning him. All he has to do is write online to Customer Service contact@zenbouddha.com by indicating name, first name, email address. In accordance with current regulations, the application must be signed and accompanied by a photocopy of an identity document bearing the Client's signature and specify the address to which the reply must be sent. A reply will then be sent to him within 2 months of receiving the request.
Appendix 1 Article L. 217-4 Consumer Code The seller is required to deliver a property in accordance with the contract and responds to existing compliance defects at the time of issuance. It also responds to non-compliance resulting from packaging, assembly instructions or installation when it has been paid for by the contract or has been carried out under its responsibility. Article L. 217-5 Consumer Code The property complies with the contract: 1. If it is proper to the usually expected use of a similar property and, if so: - if it corresponds to the description given by the seller and possesses the qualities that the seller has Presented to the buyer as a sample or model; - if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2. Or if it presents the characteristics defined by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the seller has accepted. Article L217-12 Consumer Code The action resulting from non-compliance is prescribed by two years from the time the property is issued. Article L. 217-16 Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a piece of furniture, a refurbishment covered by the warranty, any period of time at least seven days is in addition to the duration of the remaining warranty. This period is short from the purchaser's request for intervention or the provision of the property in question, if this provision is after the request for intervention. Article 1641 Civil Code The seller is bound by the warranty because of the hidden defects of the thing sold that make it unsuitable for the purpose for which it is intended, or which so diminish that use, that the buyer would not have acquired it, or would have given only one cheaper, if he had known them. Article 1648 paragraph 1st Civil Code
The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect.
Appendix 2 - Retraction form If your order is retracted from the Buddha Store, please contact the customer service department who will tell you what to do and send you the return form.
