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General Terms and Conditions

Legal Notice & General Terms and Conditions


Welcome to the zhoelala.com terms and conditions, which apply to all items ordered from www.zhoelala.com. Please read through them carefully before placing your order. By using this website and/or placing an order you agree to be bound by the terms and conditions set out below. We may change these terms and conditions from time to time without notice to you. Changes will apply to any subsequent orders received. Once your order has been confirmed, we will not be able to make any changes to the terms that apply to that order.

Before placing an order, if you have any queries relating to these terms and conditions, please contact us ([email protected])


Use of the zhoelala.com online store :

General Conditions of Sale (Applicable on 03/01/2020)

These General Conditions of Sale (GTC) define the conditions applicable to sales concluded between on the one hand: the non-professional person making a purchase on the zhoelala.com website, hereinafter referred to as "the customer" or "the Buyer"

and on the other hand MOCRA, a simplified joint-stock company whose head office is located at 4 Résidence Les Sucriers, 97190 LE GOSIER, registered with the Pointe à Pitre RCS N ° SIRET 82124400100029 hereinafter called "zhoelala.com" or "the seller ".

Any item offered for sale on the zhoelala.com site will be referred to below by the term "the product (s) ».


Any order under a product appearing in the online store of the zhoelala.com site implies consultation and full and unreserved acceptance of these General Conditions of Sale. The act of validation of the order implies full acceptance of these.

Zhoelala.com has the right to modify the General Conditions of Sale at any time and without notice. These conditions will be applicable as soon as they are online.

The General Conditions of Sale take precedence over any other document and in particular the general conditions of purchase which the customer may oppose. The fact that the seller does not avail himself at one time of one of the provisions hereof, cannot be interpreted as a waiver of his right to avail himself of it later.


  1. OBJECT

The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the customer.


1 PRESENTATION OF THE PRODUCT

We are trying out best to ensure the accuracy of the information presented on the zhoelala.com site. The seller or its suppliers are not however responsible for the consequences, incidents, special damages, resulting from electronic transmissions or the accuracy of the information transmitted even in the case where the seller would have been aware of the possibility of such damages.

The names and brands of products and manufacturers are used only for identification purposes. The photos and descriptions of the products are not contractual.

The products are offered while stocks last.


1 ORDER

Only orders placed and validated via the zhoelala.com website are accepted.

The customer who places an order on the zhoelala.com website acknowledges having full legal capacity. All orders are subject to a payment obligation.


Order steps:

1) The customer selects the product and adds it to the basket

2) He/She indicates the desired quantity and validates the basket

3) Either the customer logs in to his account, or he/she creates a customer account

4) He/she selects the delivery method and proceeds to payment

5) The customer reads and accepts the General Conditions of Sale



The creation of the customer account is free, excluding the cost of the internet connection. When creating an account, the customer is required to complete all of the mandatory fields in a sincere and accurate manner. Meaning the seller cannot be held responsible for inaccurate or incomplete information supplied by the customer. The customer is solely responsible for the confidentiality of his account and password. As such, he is required to take all necessary precautions to preserve its security. In the event of loss, theft, misappropriation or fraudulent use of his account, the customer is required to notify the seller by any means, and without delay. The seller responsibility cannot be questioned. The customer is required to modify the information relating to his account as soon as possible.


The sale is concluded, firm and final when the order has been the subject of a written confirmation from the seller sent to the customer by e-mail exclusively. Any order placed may not be canceled or modified by the customer, except in cases of force majeure or with the seller's prior written consent.

Zhoelala.com reserves the right to cancel or refuse any order which would present a risk: use of an account or a fraudulent or stolen bank card, customer not having sufficient funds to cover the total amount of the purchase, or any order from a customer with whom there is already a dispute relating to a previous purchase.

Any validated order implies acceptance of the prices and descriptions of the items available for sale.


In the event of a stock shortage not specified on the online store, the seller will inform the customer by email, who will have the option of either canceling or modifying the order, or waiting for the next supply. In all cases, the customer has a period of seven (7) working days to notify the seller of his choice. After this period, no order cancellation or modification will be accepted and the customer will have to wait for the next supply without being able to claim any compensation from the seller in any way whatsoever.


1 PRICES OF THE PRODUCTS

The prices of our products are indicated in euros all taxes included. The participation in processing and shipping costs will be indicated and billed to you during the final validation of the order.

Zhoelala.com has the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time of the registration of orders.

The Products are the property of Zhoelala.com until full collection of the price by zhoelala.com.


For delivery in mainland France, Corsica, Monaco, Andorra

The amount of your order will be calculated all taxes included. The tax applied corresponds to the Value Added Tax in force in the territory of delivery of your order.


For delivery to overseas territories or outside mainland France

The amount of your order will be calculated excluding tax on your invoice and on your order. In this case, your order may be subject to customs duties and possible taxes which are imposed when the packages reach their destination. These, linked to the delivery of an item, are your responsibility and are your responsibility. Zhoelala.com is not required to verify and inform its members of applicable customs duties and taxes. To find out, it is up to you to inquire with the competent authorities of the country of delivery.


1 PROOF OF TRANSACTION

The computerized registers, kept in the seller's computer systems under reasonable security conditions, are considered as proof of communications, orders and payments made between the parties. The filing of purchase orders and invoices is carried out on a reliable and durable support which can be produced as proof.


1 TERMS OF PAYMENT AND SECURITY

For any purchase, the customer must provide exact information and ensure that he is authorized to use the credit card or the Paypal account used.

The customer has two means of payment to the exclusion of all others:


  1. a) By credit card: national and international bank cards from the VISA and MASTERCARD networks are accepted. The customer's account will only be debited when the product is shipped. In case of unavailable product, the customer will be immediately informed and the amount corresponding to this product will not be debited until delivery has occurred.

To ensure the security of the data transmitted, zhoelala.com uses the CIC-CyberMUT (CIC-Crédit Mutuel / Monetico) payment platform. This platform uses the encrypted link SSL (Secure Sockets Layer) and complies with the PCI DSS (Payment Card Industry Data Security Standard) standard. When paying, the customer is automatically connected to the CIC-CyberMUT secure server to indicate their credit card number, the expiration date and the visual cryptogram. The data is encrypted between the client's computer and the CIC-CyberMUT server. They do not circulate on the web and cannot be modified.

The 3D Secure system strengthens payment security. When purchasing online, the customer will be asked to provide an identification code. The latter is sent by sms by the customer's banking establishment in order to identify and validate the transaction.


  1. b) By Paypal: upon payment, the customer is automatically directed to the Paypal platform. The customer's financial information is never communicated to zhoelala.com. Once the payment has been confirmed by Paypal, the customer will be redirected to the zhoelala.com site in order to finalize their order.


IMPORTANT: zhoelala.com does not accept payment by check. Any payment sent by post will be refused and returned to the sender.

Late payment, refusal to authorize payment by accredited bodies, partial payment, or non-payment will automatically result without a reminder being necessary:

- suspension or cancellation of all orders in progress without prejudice to any other course of action,

- the application of late payment penalties equal to five (5) times the legal interest rate

The seller will attach the corresponding invoice to the order when the package is shipped.


1 RESERVATION OF OWNERSHIP

The products sold on the zhoelala.com site remain the exclusive property of the seller until their full payment by the customer.


1 DELIVERY


In any case, the seller will not proceed with the delivery of the product (s) ordered until the customer has fully paid for his order.

The products are delivered to the address indicated by the customer during the ordering process and only in the geographic areas served by zhoelala.com.

Zhoelala.com guarantees to deliver the customer within a maximum of thirty (30) days from the date of validation of the order. In the event of force majeure, zhoelala.com cannot be held responsible for late delivery.

The customer has the choice between several delivery methods:


  1. a) Colissimo delivery: 3 delivery solutions:

- My home - Delivery to the address of your choice, without signature.

- My post office - Delivery to one of the 10,000 post offices of your choice.

  • Delivery to one of the 7,500 Pickup relays / 500 Pickup Station lockers in the Colissimo network.


The customer is informed of the arrival of the package by email.

Pricing varies depending on the country of destination and the amount including tax of the order. Details by clicking on the link our delivery methods


  1. b) Delivery by Colissimo Outre-Mer: packages are delivered to the address indicated when ordering. Possibility to choose with or without signature.

Possibility of delivering in Guyana, Mayotte, Réunion only.

The prices vary depending on the amount of the order (taxes included). Details by clicking on the link our delivery methods.

For deliveries to the DOM-TOM

The amount of your order will be calculated excluding tax on your invoice and on your order. In this case, your order may be subject to customs duties and possible taxes which are imposed when the package reaches its destination. These, linked to the delivery of an item, are your responsibility and are your responsibility. Zhoelala.com is not responsible for verifying and informing its Members of applicable customs duties and taxes. To find out, it is up to you to inquire with the competent authorities of the country of delivery.


  1. c) Delivery in Colissimo Europe: 2 delivery solutions:

- My home - Delivery to the address of your choice, with signature.

- Collection point - Delivery to post office, relay or deposit

Packages are delivered to the address indicated when ordering. Packages are hand delivered against signature and presentation of an identity document.

The price varies depending on the country of destination and the amount including tax of the order. Details by clicking on the link our delivery methods.


1 VERIFICATION OF THE ORDER BY THE CUSTOMER AND DELIVERY ISSUES


All products leave our warehouse in perfect condition and in their packaging. It is up to the customer, on the day of receipt of the product, to check and ensure the conformity of the products delivered with the information on the order form. In case of damage, missing product, damaged product, product error etc ..., the customer must send his reservations to the carrier by registered letter with acknowledgment of receipt within three (3) working days which follow and he must imperatively inform zhoelala.com within three (3) working days of receipt of the product.

To do this, please contact the seller and describe the damage in detail:


- by registered mail with acknowledgment of receipt to the following address:

MOCRA SAS

Customer services

4 Residence Les Sucriers

97190 LE GOSIER


- by sending an email to [email protected] This link is also available by clicking on "contact" on the home page of the site.

The damaged product will be replaced as soon as possible. For this, the procedure to follow is indicated below in paragraph 12 - "EXCHANGE".

Otherwise, after this period of three (3) working days, the products will be deemed to comply with the order and no exchange will be possible, excluding the right of withdrawal.         


1 TREATMENT OF UNDELIVERED, UNCLAIMED, REFUSED PARCELS


The products are delivered to the address indicated by the customer when ordering. Packages may not be delivered and returned to zhoelala.com for various reasons:

- incorrect address

- Recipient Address Invalid mention

- unclaimed package at a relay point or post office

- package refused by the customer.

In these four (4) specific cases, after receiving the returned package, zhoelala.com will contact the customer to inform them and will proceed

- of the refund of the product alone, excluding delivery costs.

- or with the prior agreement of the customer, the seller will reship the product, at the customer's exclusive expense.

Under no circumstances can zhoelala.com guarantee the reservation of the product. If the customer wishes to be re-delivered, he must place a new order.

It is therefore recommended to the customer to check the delivery address carefully when placing the order and to collect the parcels within the time limits set at a relay point or post office.


1 RIGHT OF WITHDRAWAL AND REFUND

In accordance with article L.121-21 of the consumer code, the customer has a legal period of fourteen (14) calendar days to return, at his exclusive expense, products that do not suit him. This period runs from the date of receipt of the product by the customer.

In the case of an order relating to several products delivered separately or in the case of an order of a product composed of lots or multiple pieces whose delivery is staggered over a defined period, the withdrawal period runs from receipt of the last product, batch or piece.


Return conditions: the product must be returned in its original packaging, complete, new, unworn, provided with its label and in perfect condition for resale. Zhoelala.com reserves the right to refuse any refund request if the product does not comply with the return conditions.

IMPORTANT: the customer has a maximum period of fourteen (14) calendar days to return the product from the date of receipt of the return validation email. The costs of returning the product are the sole responsibility of the customer.

The customer must keep proof of delivery of the package. Zhoelala.com may request this proof from the customer. Otherwise, no refund will be made.

Packaging of the product for return: the customer must ensure that the product to be returned is shipped in adequate packaging to avoid any risk of theft, damage, loss, etc.


Process to follow:

1 a) Fill out the standard withdrawal form by clicking on the following link: withdrawal form (this form is also available on the homepage of the website, in the footer).

or make any declaration, on any medium, unambiguous and expressing its clear and unequivocal will to withdraw.

1 b) Zhoelala.com sends you a withdraw validation e-mail

2 c) Carefully pack the product(s) respecting the conditions and deadlines mentioned above

3 d) Insert our return validation email in the package

4 e) Return the product(s)  (if you are in France we recommend that you send the goods back by La Poste services) to the following address:


Orleans Logistics (MOCRA SAS)

9 boulevard de la salle

45800 SAINT JEAN DE BRAYE


Refund terms: if all of the above conditions and all of the procedures and deadlines referred to above are respected by the client, reimbursement will take place within a maximum of fourteen (14) days from the date of receipt of the returned product. The reimbursement will be made using the same means of payment as that used when purchasing the product in question (unless expressly agreed by the customer to use another means of payment without additional costs for each of the parties).

The seller will reimburse the full price of the returned product, including the standard delivery costs (excluding additional costs if the customer has chosen a more expensive delivery method than the standard delivery method).


  1. ERRORS WHILE PREPARING THE PACKAGE


The customer can make an exchange request within fourteen (14) calendar days from the date of receipt of the product if:

- the size received is not the requested size

- the product received is not the product requested

  • the product received is damaged.


In this case, Zhoelala.com will cover your return costs as well as the reshipment costs.

For deliveries in mainland France, please send your request by email to [email protected]

You will receive a prepaid Colissimo return label which will allow you to return the products. Zhoelala.com may in certain cases request proof of the error or defect from the customer by means of the photos sent by e-mail.

You can then simply deposit the package at the post office by affixing the supplier label on the package. Please attach your order form (or invoice) to the package, and specify on paper the reasons for your return and your desire for a refund.


For international customers, we invite you to follow the following procedure for the return of your order.

Please send the goods to us by post to the following address, including:

- A copy of the invoice for your return costs so that we can send you a reimbursement check for these

- The copy of your initial invoice

  • On paper, the object of your return, the error made by our service and the desired item in return.

Orleans Logistics (MOCRA SAS)

9 boulevard de la salle

45800 SAINT JEAN DE BRAYE

FRANCE


3 EXCHANGE


The customer has the possibility of making an exchange request within fourteen (14) calendar days from the date of receipt of the product, for a product received damaged, following a delivery error, or for a modification of shoe size.

Return conditions: ZHOELALA.COM ONLY ACCEPTS EXCHANGES FOR CUSTOMERS NEEDING TO GET A DIFFERENT SIZE.

The customer cannot therefore request an exchange for a different model or a different color. Requests of this type will therefore be denied. Any package addressed to the seller will be redirected at the customer's expense.

NB: in the only case where the customer requests an exchange for another size but that this proves to be unavailable, zhoelala.com may offer another color or another product of equal value, available in the requested size. If however no proposal suited the client, he will be reimbursed for his purchase under the same conditions as a withdrawal (see paragraph 11 - Refund conditions).


State of the product: the product must be returned in its original packaging, complete, new, unworn, with its label and in perfect condition for resale. Zhoelala.com reserves the right to refuse any refund request if the product does not comply with the return conditions.


Packaging of the returned product: the customer must ensure that the product to be returned is shipped in adequate packaging to avoid any risk of theft, damage, loss, etc.

Return costs for exchange: return costs linked to an exchange for a change in size are the sole responsibility of the customer.


Process:

1 a) Fill in the exchange request form by clicking on the following link: exchange request form (this form is also available on the site's homepage, in the footer).

or make any declaration, on any medium, unambiguous and expressing its clear and unequivocal will to request an exchange.

1 b) Zhoelala.com sends you a return validation e-mail.

2 c) Carefully pack the product(s) respecting the conditions and deadlines mentioned above

3 d) Insert our return validation email in the package

4 e) Return the product(s)  (if you are in France we recommend that you send the goods back by La Poste services) to the following address:


Orleans Logistics (MOCRA SAS)

9 boulevard de la salle

45800 SAINT JEAN DE BRAYE


IMPORTANT: the customer has a maximum period of fourteen (14) calendar days to return the product from the date of receipt of the return validation email. The customer must keep proof of delivery of the package. Zhoelala.com may request this proof from the customer. Otherwise, no exchange will be made.


4 LEGAL WARRANTY


The customer is expressly informed that the seller is not the manufacturer of the products presented on the zhoelala.com website.

The seller is liable for product conformity defects under the conditions of articles L.211-4 and following of the consumer code, and hidden defects of the product sold under the conditions provided for in articles 1641 and following of the civil code.

When acting as a legal guarantee of conformity, the consumer client:

- has a period of two (2) years from the delivery of the goods to act.

- can choose between repairing or replacing the goods subject to the cost conditions provided for in article L.211-9 of the Consumer Code.

- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods.

The legal guarantee applies independently of the commercial guarantee. In the case where the customer decides to implement the guarantee against hidden defects of the thing sold, within the meaning of article 1641 of the civil code, he can choose between the resolution of the sale or a reduction in the sale price in accordance in article 1644 of the civil code.


5 FORCE MAJEURE


None of the parties will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event of force majeure. Will be considered a case of force majeure any irresistible fact or circumstance, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible.

The party affected by such circumstances will notify the other within ten (10) business days of the date on which it becomes aware.

The two parties will then come together, within three (3) months, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than one month, these general conditions may be terminated by the injured party.

In an express way, are considered as force majeure or fortuitous cases, in addition to those which are usually retained by the jurisprudence of the French courts and tribunals: the blocking of the means of transport, earthquake, fires, storms, flood, lightning, termination of telecommunications networks or difficulties specific to telecommunications networks external to customers.

In addition, the responsibility of zhoelala.com cannot be engaged in the event of total or partial non-performance, or the poor performance of the contract concluded in the event of the occurrence of a fact attributable to the customer, of any unforeseeable and insurmountable, inherent event. use of the Internet. Zhoelala.com cannot be held liable for any disruption or disruption of service, any external intrusion, any presence of a computer virus, or any other fact qualified as force majeure within the case law.


6 LIABILITY


As a seller, zhoelala.com is only bound by an obligation of means. No matter the nature, the basis and the modalities of the action brought against zhoelala.com and apart from any gross negligence, the compensation due to the customer in compensation for the damage suffered may not exceed the amount actually paid by the customer for the product in question.

In any event, zhoelala.com cannot be held responsible:

- the consequences of misuse, improper storage of the product sold, or the consequences of using it for purposes other than that for which it is ordinarily intended.

- in the event of material, immaterial, bodily damage caused by the product due to its abnormal use.

- events of force majeure or fortuitous event.

- possible malfunctions of the internet and telecommunications network that led to failures in the administration, processing and management of orders.

  • erroneous or inaccurate information transmitted by the customer.


7 NON PARTIAL VALIDATION


If one or more stipulations of these General Conditions of Sale are held to be not validated or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strengths and their ranges.


8 INTELLECTUAL PROPERTY


All publications, texts, photos, logos, illustrations appearing on the website are the exclusive property of zhoelala.com. Placing an order with zhoelala.com does not transfer any intellectual property rights to the customer. Consequently, any use, exploitation, reproduction, edition etc. total or partial without express prior written agreement from the seller is strictly prohibited and the customer is liable for counterfeiting.


9 PROTECTION OF PERSONAL DATA


All the data entrusted by the customer are only collected in order to process his order. Under the law n ° 78-17 of January 6, 1978 relating to data processing, the customer has a right of rectification, consultation, modification and deletion of the personal data that he can exercise by writing to the following email address: [email protected]

The processing of personal information relating to Internet users has been the subject of a declaration to the National Commission for Data Protection (CNIL). This declaration bears the number 2053194v0.


1 APPLICABLE LAW, COMPETENT JURISDICTION, CONSUMER MEDIATOR


These General Conditions of Sale are subject to French law. In the event of a dispute or complaint, the customer will first contact the seller to obtain an amicable solution. In the absence of an amicable resolution, in the event of a dispute or dispute relating to the execution or interpretation of these General Conditions of Sale, only the courts of Pointe à Pitre will be competent.


1 APPENDICES


Annex 1 :

Article L211-4 Consumer Code

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing upon delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.

Article L211-5 Consumer Code


To comply with the contract, the product must:

1) Be suitable for the use normally expected of a similar good and, where applicable:

- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;

- have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, especially in advertising or labeling;

2) Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.


Article L211-12 Consumer Code

The action resulting from the lack of conformity lapses two years after delivery of the goods.


Article L211-16 Consumer Code

When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the warranty which remained to run. This period runs from the buyer's intervention request or the provision for repair of the goods in question, if this provision is subsequent to the intervention request.


Article 1641 Civil Code

The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much, that the buyer would not have acquired it, or would have given a lesser price, if he had known them.


Article 1641 paragraph 1 Civil Code

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.


APPENDIX 2: Withdrawal form

Please complete and return this form only if the customer wishes to withdraw from their order placed on the zhoelala.com website


To the attention of :

Orleans Logistics (MOCRA SAS)

9 boulevard de la salle

45800 SAINT JEAN DE BRAYE

E-mail: [email protected]


I hereby notify you of my withdrawal from the contract of sale of the property below:

Product ................................................. .Amount ..............

Ordered on ...... / Received on ..................

Order number ...................

Client name........................................

Customer address ..................................

Dated................................................. ......

Client's signature (only if this form is notified on paper)

OR complete the form by clicking on the following link: withdrawal form


This site is edited and distributed by MOCRA SAS. Headquarters: MOCRA SAS, 4 Résidence Les Sucriers, 97190 Le Gosier. E-mail:, Site: www.zhoelala.com. Registered in Registre du Commerce et des Sociétés under the number 821244001;

SIRET: 821244001 00029