1.1 Identification of the Publisher
Pi distribution located at 6 rue de la terre a bricks, 7522 , Marquain , Belgium
1.2 Identification of the Hosting Company
INFOMANIAK NETWORK SA
26 avenue de la Praille
1227 Carouge / Geneva
SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply to any order placed on the Belgian Website WWW.ZOLI99.COM by a natural person acting in a personal capacity in his capacity as a consumer (hereinafter "the Customer").
These General Terms and Conditions of Sale may be modified at any time by the owner company.
The confirmation of the order by the Customer implies full and complete acceptance without restriction or reservation of these Terms and Conditions of Sale by the Customer, to the exclusion of any other document. The General Terms and Conditions in force at the time of confirmation shall prevail over all previous versions as well as those in force in the store.
PRODUCTS / PRICES
3.1 Product offering
The Products offered for sale are those available at the time of confirmation and payment of the order by the Customer. Zoli99 reserves the right to modify its offer at any time in particular by adding, modifying or removing Products. The Products are presented as exactly as possible. The perfect representation of the Products on the Internet Site cannot be guaranteed, in particular because of the differences in rendering of colors or materials by the Internet navigation software and/or the visualization monitors. The delivered Product may differ from that presented on the Website without giving the Customer the right to cancel the sale i) if the Product in question is a handcrafted or semi-handcrafted Product that does not allow for perfect homogeneity of production ii) or if the Product has been between the date of the order and the date of delivery, of adaptation linked to technical or technological developments and subject, in these two hypotheses, that the difference does not concern the essential characteristics of the Products, does not affect their quality and does not generate a price increase.
3.2 Product Prices
The prices of the Products are indicated in Euros and include all taxes. Preparation and delivery costs are not included in the price indicated, unless otherwise stated.
Zoli99 reserves the right to modify the price of the Products at its suitability. Will apply the price conditions in force at the date of the validation of the order by the Customer.
4.1 Placing the order
The Customer has the possibilité́ to place an order with ZOLI99 :
- By telephone with the team Consulting & Remote Sales at 003269225653
Orders placed via the telephone service will be processed directly by a customer advisor.
- Online at WWW.ZOLI99.COM .
Any order placed on the Site WWW.ZOLI99.COM implies the creation of a customer account. The Customer will have to add the selected products in his basket. The Customer has the possibility of checking the details of its order, its total price and can carry out modifications before any final validation.
Orders addressed to WWW.ZOLI99.COM by mail or fax will not be taken into account.
4.2 Validation of the order
Acceptance of the order by the Customer is materialized by his acceptance of these Terms and Conditions of Sale and payment.
ZOLI99 reserves the right to refuse an order for any legitimate reason in particular the existence of an unresolved dispute resulting from the non-payment of a previous order.
ZOLI99 will send by email, as soon as possible, an order confirmation including the substantial elements (order number, ordered products, delivery place, etc.).
The Customer agrees that the order confirmation will be considered as proof of the contractual relationship born with ZOLI99.
In the absence of availability of one or more ordered product(s), ZOLI99 undertakes to inform the Customer by e-mail as soon as possible.
Payment is made exclusively in euros, in full at the time of order, by credit card, bank transfer, PayPal, gift card, credit note or voucher.
Orders are taken into account only after validation of their payment, no discount or late payment penalty is applicable. Payments cannot be suspended or compensated without prior written agreement of ZOLI99.COM .
5.1.1 Payment by credit card
The following credit cards are accepted: Credit card, Visa, Mastercard and Bancontact.
Within the framework of its action in favour of the fight against the frauds on Internet, ZOLI99 can be brought to check the banking co-ordinates and/or the identity of the customers before any delivery. By placing its order on the Site WWW.ZOLI99.COM, the customer commits himself providing ZOLI99 with the requested documents. In the absence of communication of the requested elements within the time limit, ZOLI99 reserves the right to cancel the order subject to verification.
5.1.2 Payment by bank transfer
Any payment by bank transfer is made in full at the time of order. The RIB of ZOLI99 will be communicated to the customer on the page of confirmation of the order as well as by e-mail.
In case of failure to receive the bank transfer within three (3) working days from the confirmation of the order by the Customer, the order will be considered as cancelled.
5.1.3 Payment by PayPal
During the validation of his order, the Customer must enter his PayPal e-mail address and his PayPal password. If the Customer does not have a PayPal account beforehand, he will, at the time of payment, be directed to a PayPal account creation page allowing him to benefit from this method of payment.
5.1.4 Payment by gift card
The ZOLI99 gift card is valid for one (1) year from its activation date corresponding to the date of purchase and cannot be exchanged, refunded or given change for any reason whatsoever.
Partial use of a gift card is accepted, with the balance being available for consultation directly on the Site. In the case of partial payment of the order by gift card, the Customer must pay the balance by credit card.
The accumulation of gift cards is accepted within the limit of five (5) cards and three thousand Euros (3000€) of purchase.
5.1.5 Payment by credit note
The credit note can be used on the Site of the country of the issuing store and is valid for one (1) year from its date of issue. The credit note can be used in one or more installments. The credit can be used in addition to another means of payment except gift cards and vouchers.
5.1.6 Payment by voucher
The voucher can be used in one (1) time only and cannot be split or given change. The voucher can be used in addition to any other means of payment except gift cards and credit notes.
The invoice sent to the Customer includes the information provided by the latter in his customer account. The information provided may not be subject to any modification after the invoice has been issued. The purchaser has the possibility of modifying these data at the time of any new order placed on the Site.
The Customer acting as a professional is required to place an order on the tab dedicated to professionals.
6.1 Fees and Delivery Terms
The delivery can be made in store, in a relay point or at the Customer's home. The type of transport, the delivery time and the related costs will be specified at the time of the order, according to the place of delivery, the nature of the Products ordered and the nature of the service for which the Customer has opted. Any order comprising a custom-made product cannot be split up and will necessarily be delivered in its entirety by carrier to the delivery address specified by the Customer.
In-store delivery: Free in-store delivery is available for certain categories of items. Eligibility is specified during the validation of the basket.
Any withdrawal of merchandise is subject to the presentation of the order form and a valid identity document in the name of the person appearing on the order form. A third party may proceed to the withdrawal on presentation of the order form, his or her identity document and the original or a copy of the identity document of the person who placed the order as well as a duly established power of attorney.
Delivery by carrier: The delivery of small decorative items is provided by courier services. Eligibility for this mode of delivery is specified during the validation of the order.
Delivery of bulky items or furniture is made by a carrier specializing in furniture delivery. The delivery date and time slot are set jointly by the Customer and the carrier. The carrier and the delivery conditions differ according to the volume of the order. It is up to the Customer to check the delivery terms when validating the order.
The Customer will, if necessary, make his personal case of the assembly of the furniture delivered dismantled, any assembly service being the subject of a specific quotation.
The risks of the Product are transferred to the Customer at the time of the delivery by the carriers of Zoli99 on the delivery date agreed with them.
In case the respective availability dates of the Products of an order would be different, ZOLI99 will propose to the buyer to split his order. In case of split delivery, the participation to the delivery costs will be applied on each fraction of the order. In the absence of split delivery, the delivery will take place at the date of availability of all the ordered Products.
6.2 Reception and complaints
Reservations of use : The Customer (or his representative) is required to check the physical condition of the packaging, the number and contents of the packages at the time of delivery, in the presence of the delivery person or the store team. Any anomaly concerning the delivery (transport damage, missing product or package, broken product, product not conforming to the order, etc.) must imperatively, under penalty of inadmissibility of the request, be indicated on the carrier's delivery slip in the form of detailed, explicit, reasoned and dated handwritten reservations. The Customer (or his representative) must sign the delivery slip. General reservations of the type "subject to unpacking" will be systematically rejected.
The Customer (or its representative) must, at the same time, report these anomalies by sending to the ZOLI99 Customer Service, within three (3) working days following the delivery date, an E-mail containing the corresponding photos as well as the coordinates of the order to [email protected]
Our staff will answer you as soon as possible.
Product Defects : In case of apparent defect or non-conformity of the product delivered with the characteristics of the Product ordered as shown on the order form, the Customer must send an e-mail containing the corresponding photos and the details of the order.
Our services will bring a solution whatever the problem evoked only by email.
RETURN / RIGHT OF WITHDRAWAL
The Customer benefits from a right of withdrawal of fourteen (14) calendar days from the day of receipt of the Products.
To exercise his right of retraction and organize a return, the Customer must formulate a request for return by email [email protected] with order number and name as well as the delivery address.
The exercise of the right of withdrawal by the Customer entails for him the obligation to return the Products whose order has been cancelled within fourteen (14) days from the exercise of the right of withdrawal in perfect condition and in their original packaging.
The Customer will be refunded, as soon as possible and at the latest within fourteen (14) days from the date on which the right of withdrawal was exercised, the amount of the returned item(s), provided that Zoli99 has received the Product(s) in perfect condition, in its (their) original packaging and with all its (their) accessories. The original shipping costs will be refunded only if the totality of the order is returned.
Products made to measure or that have been the subject of a special order can be neither taken back, nor exchanged, nor reimbursed.
Products sold by ZOLI99 are guaranteed for two (2) years from the date of delivery or pick-up. ZOLI99 is, therefore, liable for any defects in conformity of the said Products.
To be admissible, the implementation of the warranty implies the submission, by the Customer, of the Product as well as the purchase invoice.
ZOLI99 undertakes to repair or replace the Product recognized as defective by its services according to the Customer's choice. If repair or replacement is impossible or involves disproportionate costs, ZOLI99 may proceed to refund the Product.
The repaired or exchanged Products benefit from the warranty for the remaining duration.
Are excluded from the guarantee:
- the damage to the Product resulting from its normal wear and tear with regard to its nature, its function, its composition and its price;
- Products that have been used too intensively, in particular for purposes other than private use;
- any defects in the Product that may result from improper installation, storage, conservation, or assembly, a lack of maintenance, improper use or use that does not comply with the technical or operating specifications (failure to comply with maintenance and servicing instructions), modifications or repairs carried out by the purchaser or a third party, damage caused by external objects (television set with too much weight on a piece of furniture not designed for this use), external events such as accidents, shocks, fires, acts of vandalism, water damage, natural or artificial light (in case of discoloration), natural disasters or bad weather.
ZOLI99 attaches great importance to the protection and respect of the privacy of its Clients and their personal data and undertakes to comply with the applicable regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. ZOLI99 collects and processes the personal data of its Customers in order to manage the different stages of the order, answer questions and carry out satisfaction surveys following an order. The Customer has a right of access, rectification, opposition and deletion of the personal data concerning him. He may also request the limitation and portability of his data. The Customer may exercise these rights by writing to [email protected], specifying his or her contact details (surname, first name, e-mail address, telephone number). ZOLI99 may be required to verify the identity of the Customer in order to secure the processing of his request. For more detailed information on ZOLI99's practices relating to personal data, the Personal Data Protection Policy is available on the Site www.ZOLI99.com, section "Personal Data".
The whole of the elements published on the Site www.ZOLI99.com such as, and without this list being restrictive, images, photographs of settings, cut out photographs, videos, graphic charter, sound elements constituting the Sire, logos, marks, domain names, texts, typographies, belong to the ZOLI99 company and constitute works protected by the provisions of the Law of the intellectual property.
ZOLI99 is holder of all the intellectual property rights on its products and, more generally, on the brands, illustrations, images and logos reproduced on its articles, their accessories or their packaging. They are and remain the exclusive property of ZOLI99, with the exception of the rights held by its partners and/or suppliers on their products, trademarks and logos presented on the Site. Any total or partial reproduction, any modification and/or any use of these images, photographs of settings, clipped photographs, videos, graphic charter, sounds, logos, products, brands, domain names, texts, typography, for any reason and on any support whatsoever, without express and preliminary agreement of ZOLI99, is strictly prohibited. The creation of derivative works from these images, background photographs, cut-out photographs, videos, graphic charter, sounds, logos, products, brands, domain names, texts, is strictly forbidden. ZOLI99 owns all copyrights on its designs, models and patents which are the property of ZOLI99.
No transfer of intellectual property rights is carried out through the present document. Any reproduction, even partial, modification or use of these elements protected by a private right for any reason whatsoever is strictly prohibited and will constitute an act of counterfeiting punishable under criminal and civil law.
LIMITATION OF LIABILITY
11.1 Use of the Website
The navigation on the Site WWW.ZOLI99.COM is the sole responsibility of the users. ZOLI99 could not be held responsible for the breakdowns, errors, computer viruses which could make obstacle to the continuity of access to its Site, nor of any direct or indirect damage in particular of the dysfunctions in the computer installation of the users which could be noted following an access to the Site.
11.2 Force majeure
The occurrence of an event constituting force majeure will result in the suspension of the obligations weighing ZOLI99. ZOLI99 will not be held responsible for this non-performance of the contract. If the event of force majeure lasts more than one (1) month, ZOLI99 may not honor the order, at the expense of reimbursing the Customer for any sums paid by him for the order concerned.
E-mails will be deemed authentic between the parties as well as the automatic registration systems used, in particular in the context of a dispute.
12.2 Partial invalidity
If one or more stipulations of the present General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
12.3 No Waiver
The fact that one of the Parties has not required the application of any clause of these General Terms and Conditions of Sale, whether permanently or temporarily, can in no way be considered as a waiver of the rights of that Party arising from the said clause.
The present General Terms and Conditions of Sale are subject to Belgian law. Any dispute relating to the execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the Belgian courts.