General Terms and Conditions of Sale

PREAMBLE

These general terms and conditions of sale (hereinafter the “Agreement”) for the website www.sailiz.com (the “Site”) are concluded between,

1. on the one hand, the company Sailiz (hereinafter “We”, “Our” or the “Seller”), a simplified joint-stock company under French law with a share capital of 2,000 euros, with its registered office in France, 42 avenue de la Perrière 56100 Lorient, registered with the Lorient Trade and Companies Register under number 952 461 689, whose intra-community VAT number is FR13952461689, represented by Ms. Solène Saclier de la Bâtie.

2. on the other hand, a non-commercial natural person residing in the territory mentioned in Article 1.3 below (hereinafter the “User”, “You”, “Your” or the “Client(s)”) wishing to make, making or having made a purchase (hereinafter the “Order(s)”) strictly for personal use and without commercial, associative or professional purpose, nor for resale or transfer, whether for payment or free of charge, of a product or service marketed by the Seller on the Site.

The Seller and the Client are respectively referred to as the “Party” and jointly referred to as the “Parties” within the meaning of this Agreement.

The Parties agree that their relations concerning the preparation, conclusion and execution of an Order are governed by the Agreement entered into by the Client on the Site at the time of said Order, as well as by the Site’s Terms of Use applicable at the time of the Order, which, together with this Agreement, constitute an indivisible contractual whole governing the relations between the Parties, to the exclusion of any other version of contractual terms previously available on the Site. If a question necessary for the execution or interpretation of this Agreement is not explicitly addressed in this Agreement, it shall be deemed to be governed by the rules and practices applicable to distance selling companies whose registered office is established in France.

1. Purpose, Applicable Law and Territory

1.1. Purpose

The purpose of this Agreement is to define the terms of sale between the Seller and the Client for products or services marketed by the Seller on the Site. The Agreement governs the conditions for the conclusion, payment, tracking, and delivery of Orders and, where applicable, the warranties and withdrawal rights for Orders, under the conditions set forth by the Agreement and by the law applicable to the Agreement.

The Seller may modify its general terms and conditions of sale at any time. The general terms and conditions of sale applicable between the Parties are those that were online at the time the order was placed by the Client and that were accepted by them, these conditions then forming the contract as defined in the Preamble hereto.

1.2. Applicable Law, Competent Courts and Contractual Language

These General Terms and Conditions of Sale, as well as all disputes arising therefrom, particularly concerning their validity, or related to the use of the Website or any purchase made on the Website, are governed by French law, subject to the mandatory provisions of the Client’s country of residence and shall fall, at the Client’s choice, either under the territorially competent courts pursuant to the Code of Civil Procedure, or under the courts of the place where they resided at the time of the conclusion of the contract or the occurrence of the damaging event.

The Client also has the option to resort, in the event of a dispute, to a consumer mediator or any other alternative dispute resolution method.

1.3. Territory

Orders that may be placed on the Site can only be validly concluded between the Seller and a Client residing in metropolitan France (including Corsica and the Principality of Monaco).

2. Order

2.1. Acceptance of the Agreement by the Client

Any Order placed on the Site requires prior consultation and acceptance of the Agreement by the Client, who may save or print the Agreement applicable to their Order. When the Client wishes to finalize their Order, they may print a summary of their Order.

2.2. Acceptance of the Order by the Seller

The Seller can fulfill orders received via the Site from a Client residing in France and for delivery in France.

After receiving the Order placed by the Client, the Seller will send the Client a detailed acknowledgment of receipt of the Client’s Order, specifying the invoiced amount (all taxes included, applicable VAT amount, and the amount and terms of delivery for the Order), (hereinafter the “Order Confirmation”). This acknowledgment of receipt constitutes the Seller’s acceptance of the Order placed by the Client.

The products and their prices are valid for an Order placed by the Client as long as they are visible on the Site at the time the Client places an Order.

3. Product Description and Applicable Prices

3.1. Product Description

Prior to placing an Order, the User can view the essential characteristics of the product(s) they wish to order on the Site.

3.2. Applicable Prices

Any Order implies the Client’s acceptance of the prices and descriptions of the products and services offered for sale on the Site.

The prices indicated next to each product offered for sale are expressed in Euros (€), all taxes included, excluding order preparation and delivery costs. The order price includes the Value Added Tax (VAT) in force on the day of the Order in the Client’s territory of residence and, where applicable, the delivery costs for the Order.

The Seller is free to modify the selling price of its products and services at any time. Should one or more mandatory taxes or contributions be created or modified, whether upwards or downwards, this change may be reflected in the selling price of the products on the Seller’s Site.

However, the Seller undertakes to apply to the Client the prices and taxes that were indicated to the Client when validating their Order. Furthermore, the Client is informed of the preparation and delivery costs for their Order when viewing their shopping cart and when placing their Order.

3.3. Discount Offers

Offers, codes, and discount vouchers (hereinafter “Discounts”) are valid only for the duration and under the conditions of validity of the offer concerned. Discounts can under no circumstances be converted into a refundable or payable sum to the Client.

Discounts can only be used by the Client concerned and are not transferable to a third party. They are deducted from the total amount of the Order, all taxes included, excluding order preparation and delivery costs. Unless otherwise specified in a particular Discount offer, Discounts cannot be combined when placing an Order.

When the Client applies several Discounts simultaneously on the Site, they will only benefit, for a single Order, from the Discount with the highest value.

3.4. Purchase Vouchers

Purchase vouchers acquired by the Client through their previous purchases from Sailiz (hereinafter “Purchase Vouchers”) can only be used by the Client concerned and are not transferable to a third party. They are valid under the conditions described by the Seller to the Client, particularly regarding their duration and validity conditions. Unless otherwise specified in a Purchase Voucher, Purchase Vouchers cannot be combined with each other, nor with a Discount. Purchase Vouchers can under no circumstances be converted into a refundable or payable sum to the Client.

The amount of a Purchase Voucher must be used and fully consumed in a single Order and therefore cannot be divided among several Orders.

– If the amount of a Purchase Voucher is less than the total amount, all taxes included, of the products the Client wishes to order, excluding preparation and delivery costs, the Client must pay the difference between these two amounts as well as the preparation and delivery costs for the ordered products.

– If the amount of the Purchase Voucher is greater than the total amount, all taxes included, of the products the Client wishes to order, excluding preparation and delivery costs, the Order will not be validated, and the Client will have the option to complete their purchase by choosing additional products. The amount of the product preparation and delivery costs will be added to the total amount of the products ordered by the Client.

– If the amount of the Purchase Voucher is equal to the total amount, all taxes included, of the products the Client wishes to order, excluding preparation and delivery costs, the Client’s Order will be validated, and the Client will only have to pay the preparation and delivery costs for the ordered products.

4. Payment Methods

4.1. Payment Currency

The payment currency for Orders is the Euro (€).

4.2. Payment Conditions

The Client can pay for their Order online by credit card (Carte Bleue, Visa and Mastercard, American Express, and PayPal), by providing a valid credit card number and expiration date, as well as the digits on the back of their credit card.

ANY REFUND MADE WITHOUT DELAY TO THE CLIENT’S ACCOUNT IN THE EVENT OF UNAVAILABILITY OF A GOOD SHALL NOT GIVE RISE TO ANY COMPENSATION.

4.2.1 Information Processed by the Seller

The Client guarantees to the Seller that they have the necessary authorizations to use the payment method chosen during their Order. The validation of the Order is subject to the validation of the banking payment center chosen by the Seller. In case of bank refusal, the Order is not finalized and is cancelled. As part of the fight against internet fraud, information relating to the Order and the Client’s payment method may be transmitted by the Seller to any third party for verification.

The Seller, in collaboration with the bank managing electronic payments, controls all Orders that have been validated on the Site. Thus, any Order with a delivery address different from the Client’s billing address may be verified by the Seller. In this context, the Seller may request from the Client information and documents necessary for the execution of the Order: proof of residence for the Client and/or the person indicated for the delivery address, justification of the Client’s bank details, etc. These requests are made to the Client by email or telephone.

The bank account linked to the payment method used by the Client will be debited upon finalization of the order placed by the Client on the Site. The Seller may suspend or cancel any Order and/or any delivery, regardless of its nature and stage of execution, in the event of total or partial non-payment of any sum due by the Client or in the event of a payment incident (hereinafter, collectively, “Incident”). Subsequently, any new Order by the Client may be refused, or any delivery to the Client may be suspended in the event of an Incident on a previous Order placed by the Client. The Client will be informed by the Seller, if applicable. Once the Order affected by an Incident has been settled by the Client, or once the Incident has been resolved to allow for payment and finalization of the Order, the personal data related to this Incident recorded by the Seller will be erased. Failing resolution of the Incident, the personal data related to this Incident will be retained for a period of two (2) years from the date of the Incident’s occurrence. When personal data related to an Incident is erased by the Seller, either due to the resolution of the Incident or upon the expiry of the two (2) year period, the Client concerned by the Incident may place new Orders.

4.2.2 Information Processed by the Bank Managing Payments
To ensure the security, integrity, and confidentiality of payments made via the Site, Clients’ credit card details are encrypted using the SSL (Secure Socket Layer) protocol during their transit over the Internet.

The information relating to the Client’s payment method provided within the Order Confirmation will be securely processed by the Seller’s payment provider, the company Sailiz and BNP Bank (and PayPal, if applicable) in order to process and authorize payment for the Order, analyze a bank transaction, and combat credit card fraud.

The retention period by Sailiz for information relating to the payment method used to settle the Order is a maximum of fifteen (15) months from the last payment made, or from the end of the contractual relationship and, in any event, within the limit of the validity date of the payment method concerned.

The occurrence of an unpaid amount due to fraudulent use of a credit card may lead to the registration of the details of the Order Confirmation associated with this unpaid amount in a payment incident file implemented by Sailiz. An irregular declaration or an anomaly may also be subject to specific processing by Sailiz.

5. Delivery

For security reasons and to combat credit card fraud, the billing and delivery addresses for the Order must be located in France.

Ordered products will be delivered by carrier to the postal address indicated by the Client during their Order confirmation. The delivery deadline is set at a maximum of seven (7) business days from the Order, subject to its confirmation, depending on the delivery method chosen by the Client (Standard, Express, or Collection Point).

5.1. Delivery Methods

The transport of ordered products is entrusted by the Seller to the following carriers per country.

La Poste
Mondial Relay

Orders placed on Fridays, Saturdays, Sundays, or public holidays in France will be processed starting from the following Monday or the next business day. Delivery deadlines are expressed in business days and vary depending on the destination. Without prejudice to the foregoing provisions, and for indicative purposes, the generally observed delivery times for the different delivery methods are:

Four (4) business days for “Standard” deliveries to France from the validation of the order by the Client;
Six (6) business days for “Collection Point” deliveries to France from the validation of the order by the Client.

During sales and/or promotional periods, delivery times may be longer than generally observed. When the Client orders more than one product, it is possible that several packages may be delivered on different dates.

Simple exceeding of the delivery time does not entitle to any damages.

5.2. Delivery Tracking

Upon confirmation of the Order by the Seller, an order tracking number is communicated to the Client to allow them to follow the progress of their Order’s delivery. The Client can:

click on a hyperlink in their Order confirmation message, or;
enter their Order tracking number on the carrier’s website in the parcel tracking area.

5.3. Presentation of the Package to the Client

For “Standard” delivery, the package is delivered to the Customer without requiring a signature. If the package cannot be delivered to the Customer (absence, incorrect or untraceable address, etc.), the delivery person will inform the Seller of a non-delivery code and leave the Customer a delivery notice with instructions on how to retrieve their package. If the Customer has not collected their package after ten (10) days, by presenting a valid ID, the package will be returned to the Seller.

6. Warranties

6.1. Customer’s Right of Withdrawal and Withdrawal Period for Orders Placed on the Site

The Customer has a period of fifteen (15) clear days from the date of delivery to exercise their right of withdrawal, without needing to provide a reason.

The withdrawal period expires thirty days after the day on which the Customer, or a third party other than the carrier designated by them, physically takes possession of the goods.

To exercise their right of withdrawal, the Customer must return the ordered products by following the instructions provided on the return label included in the delivered package and detailed below. In case of loss of the return label, the Customer is required to contact customer service via the website’s contact section, or by writing to contact@sailiz.com.

1. products must not have been customized at the Customer’s request 2. the returned product(s) must not be visibly worn, damaged, or unfit for resale.

3. After verifying that the return conditions are met, the Customer must carefully pack the returned products in the package of their choice, and ensure that the package is securely sealed with adhesive tape.

4. The return label included in the delivered package must be affixed to the package containing the returned products.
If the returned items come from different orders, the Customer must affix the various return labels initially provided in the delivered packages to the return package.

3. Products returned by the Customer to the Seller must be addressed to:

Sailiz – Service réception
26 cité de Roz Voen
29930 Pont Aven

The postal fees incurred for returning products to the Seller are fully borne by the Seller.

The Customer’s withdrawal from the Order will only be effectively taken into account provided that the product for which a refund is requested by the Customer from the Seller has been shipped to the Seller within the aforementioned thirty (30) day period.

6.2 Refund

The Seller will process the refund using the same payment method that the Customer used for the initial transaction, unless the Customer expressly agrees to a different method; in any case, this refund will not incur any fees for the Customer.
The Seller will process the Customer’s refund within two (2) to three (3) days (variable period depending on banks), upon receipt of the goods by the Seller. The Seller will refund the Customer the total amount paid, including the price of the Product(s) subject to the exercise of the right of withdrawal, calculated pro-rata to the value of the product(s) subject to the exercise of the right of withdrawal, if applicable.

Payment by Gift Card. In the event of a return for all or part of your order paid entirely with a gift card, the amount of your item(s) will be credited to a new gift card. In the event of a return for all or part of your order paid partly with a gift card and partly by one of the other payment methods available on the site, the Seller will refund the returned products (using the same payment method that the Customer used for the initial transaction) up to the amount paid via that other payment method. Any remaining balance will be credited to a new gift card.

Once the aforementioned conditions are met, the refund will be processed by the Seller and will be a full refund to the credit card used for the initial transaction.

6.3. Legal Warranties

The Customer:
Benefits from a 2-year period from the delivery of the goods to take action. They can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code, and must provide proof of the existence of the lack of conformity of the goods.
The legal guarantee of conformity applies independently of any commercial warranty that may be granted.

The consumer may decide to invoke the warranty against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code, and in this case, they may choose between rescinding the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

6.3.1 Guarantee of Conformity

The Customer also benefits from a legal warranty allowing them to return defective products to the Seller, in accordance with Articles L. 217-4 et seq. of the French Consumer Code, which stipulates that “the seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was carried out by them under the contract or under their responsibility.”

Furthermore, the Parties are bound by the terms of Article L. 217-5 of the French Consumer Code, which stipulates that “the goods conform to the contract:
If they are fit for the purpose usually expected of similar goods and, where applicable:”

if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
if they exhibit the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

Finally, Article L. 217-12 of the French Consumer Code stipulates that “any action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.”

6.3.2 Warranty Against Hidden Defects

Article 1641 of the French Civil Code states that “The seller is bound by the warranty for hidden defects of the sold item which render it unfit for its intended use, or which diminish that use to such an extent that the buyer would not have acquired it, or would have paid a lesser price for it, had they known of them.”

Furthermore, Article 1648, paragraph 1 of the French Civil Code states that “any action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”

6.3.3. Conditions for Returning Products to the Seller under the Implementation of a Legal Warranty Provided for in Article 6.2

A Customer wishing to invoke one of the legal warranties must first contact customer service to obtain the instructions to follow regarding the return of the product.
A Customer who invokes one of the legal warranties with customer service will be offered the return of the product concerned. The transportation costs incurred for this return will be reimbursed to them.

6.4. Commercial Warranty

When a product benefits from a specific warranty, the warranty period and conditions are detailed in the product description sheet.

Under a specific warranty, a Customer wishing to obtain a product replacement must first contact customer service to obtain the instructions to follow.

6.5. Damaged, Non-Compliant, Defective Products or Products Affected by a Hidden Defect
In the event of an apparent defect affecting the product, such as a product visually damaged by a manufacturing defect or an order error, the Customer has the option to obtain an exchange or refund of the product within fifteen (15) days. A Customer whose product is defective, non-compliant, or affected by a hidden defect must contact customer service to obtain the instructions to follow.

A Customer who invokes the existence of a hidden defect, non-conformity, or defect affecting the product they purchased with customer service to claim a legal warranty will be offered to return the product concerned. The transportation costs incurred for this return will be reimbursed to them, provided they have first contacted customer service.

7. Liability

The Seller’s liability cannot be engaged if the non-performance of its obligations is attributable to a case of force majeure or an unforeseen event as defined by French law and courts.

Similarly, the Seller’s liability cannot be engaged for any inconveniences or damages related to the use of the Internet, including an interruption of Site availability, a service disruption, an external intrusion, or the presence of computer viruses, data or file loss or alteration, or for indirect damages, regardless of their causes and consequences.

8. Electronic Signature, Proof, and Archiving

The online provision of the credit card number and the final validation of the Order constitute proof of the entire Order and render the total amount of the Order due from the Customer.

The archiving of Purchase Orders and invoices is carried out by the Seller on a reliable and durable medium constituting an integral and durable copy, in accordance with Article 1348 of the French Civil Code.

In the event of fraudulent use of their credit card by a third party, the Customer is invited to inform the Seller without delay by writing or calling customer service and by providing the Seller with the relevant credit card number, the date of the Order, and proof of their identity, without this information opening a right to compensation for the Customer or any refund from the Seller. If applicable, compensation or reimbursement for the Customer may be requested by the Customer from the issuing bank of their credit card, under the conditions set by the laws and contracts applicable to the bank concerned.

Our Personal Data Protection Policy remains in effect during the processing of your personal data in relation to the Contract. For more information on the processing of your personal data and your rights, you can consult our Personal Data Protection Policy.