General Terms of Sale

Article 1 – General provisions – scope of application

1.1 These General Terms of Sale define the respective rights and duties of the parties for online purchases of Products offered by the company PANGEMINIUM (“the Company”).

1.2 Any Order made through the website www.zevessa.com implies prior, complete and unconditional acceptance of these General Terms of Sale, governed by French law. These terms form an essential part of the Contract between the Customer and the Company. They are enforceable against the Customer, who confirms that they have reviewed and accepted them without limitation or reservation before placing an Order.

1.3 These General Terms apply to any Order submitted by an adult individual acting as a consumer. The Customer therefore confirms being a natural person over 18 years old, acting outside any commercial, industrial, craft, liberal or agricultural activity. By placing an Order, the Customer acknowledges having full legal capacity and agrees to provide accurate identity information.

1.4 Exclusion: persons acting in a professional capacity, meaning public or private natural or legal persons acting for purposes connected with a commercial, industrial, craft, liberal or agricultural activity, including when acting for or on behalf of another professional.

Professionals wishing to submit an Order to the Company are invited to contact us directly.

1.5 The General Terms applicable to each Order are those in force on the date of payment, or the first payment where payment is made in installments. The Company may amend them at any time by publishing a new version on its website. These General Terms may be consulted on the Company’s website at www.zevessa.com and downloaded in PDF format.

Article 2 – Formation of the online contract

2.1. Process for placing an order

To buy one or more Products on the site, the Customer chooses each Product and places it in the cart. When the selection is complete, the Customer validates the cart to begin the Order process, which corresponds to the first click.

At that step, the Customer is directed to a page showing a summary of the selected Products, their prices, the terms and the delivery charges. The Customer must check the cart and, where needed, correct its contents.

The page also presents these General Terms and Conditions, which the Customer must read carefully before final validation of the full Order.

The Order validation, after checking the cart and reading the Terms and Conditions, corresponds to the second click and creates the Contract. The Customer acknowledges that this second click creates an obligation to pay.

The Customer is then redirected to the payment page, where they select one of the available payment methods and complete payment for the Order.

After validating the Order and completing payment, the Customer receives a confirmation message from the Company at the email address provided when creating the account. This message includes, in PDF format, the Order summary with the selected Product, price, terms and delivery charges; the precise identification of PANGEMINIUM and its business activity; the Order number; the terms, conditions and withdrawal form; and these General Terms and Conditions.

If the Order confirmation is not received, the Customer is advised to contact the Company through the contact form available on the site.

The Customer will then receive a purchase invoice sent electronically, which the Customer expressly accepts.

The Customer is strongly encouraged to retain this confirmation message and the electronic purchase invoice, as these documents may serve as proof of the Contract.

2.2 Refusal by the Company to validate an Order

The Company may refuse an Order for any legitimate reason, including, for example, an Order that does not comply with these General Terms, quantities that do not correspond to normal consumer use, non-payment of a previous Order or an ongoing dispute relating to a prior Order, or suspicion of fraud supported by consistent evidence.

Article 3 – Product features and availability

3.1 Product features

The essential characteristics of the goods and their respective prices are made available to the Customer on the Company’s websites, together with, where relevant, information about how the Product is used.

Although the Company takes reasonable care to ensure that the Specifications are accurate, these Specifications, except for certain information such as prices, are supplied by the Company’s suppliers. The Company therefore declines responsibility for any errors that may appear in the Specifications.

The Specifications are presented in detail and in French. The parties agree that illustrations, videos or photographs of Products offered for sale have no contractual value. The period of validity of the Product offer and its price is stated on the Company’s websites.

3.2 Product availability

Product offers remain valid while supplier stock is available. This availability is normally indicated on the specific Product page.

However, because the Company does not reserve stock, except for specific Products shown as pre-order on the Product page, placing a Product in the cart does not provide an absolute guarantee of its availability or its price.

If a Product becomes unavailable after the Customer has validated the Order, the Company will inform the Customer promptly by email. The Order will be automatically cancelled and the Company will refund the price of the Product initially ordered, along with any amount paid under the Order.

If the Order contains other Products that remain available, those Products will be delivered to the Customer and delivery charges will not be refunded.

Article 4 – Product prices

4.1 Reference prices shown on the sites

The reference price for Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Failing this, it is a price determined from prices at which the Product is commonly sold by a panel of brands distributing it. This price is updated whenever the brand, manufacturer or official representative communicates a new recommended price, or whenever the price applied within the panel of brands changes.

4.2 Changes to prices shown on the sites

Product prices are displayed on Product description pages. They are indicated excluding tax, customs duties and shipping costs. The Company reserves the right to change Product prices at any time, in accordance with applicable law.

Products ordered will be invoiced based on the price in force on the site when the Order is validated.

4.3 Product pricing

Because many Products are imported from outside the European Union at the Customer’s request, Product prices shown on the websites are expressed in euros excluding taxes, meaning excluding VAT and customs duties, unless otherwise stated. They are precisely determined on the Product description pages. They are also shown in euros excluding taxes, unless otherwise stated, on the Product Order page and excluding any specific shipping costs.

The prices of the Products do not include import VAT, import taxes or customs duties. These amounts may be due in addition and remain entirely payable by the Customer, who is liable for them as recipient of the Product.

The prices of the Product or Products also do not include packing, packaging, shipment, transport, insurance and delivery costs to the delivery address.

4.4 Payment of taxes

The Customer alone is responsible for declaring and paying import VAT when the Product is cleared through customs. The Customer may be required to pay import VAT. Since this tax is not the Company’s responsibility, the Company cannot be required to reimburse it.

For Products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding taxes on the invoice. Customs duties, local taxes, import duties or state taxes may be payable in certain cases. The Company has no control over these charges or their amounts.

These amounts are the Customer’s responsibility, including declarations and payment to the relevant authorities. The Company therefore invites the Customer to obtain information on these matters from the competent local authorities.

Article 5 – Payment of the product price

5.1 Payment timing

The full Order price must be paid immediately after the Order is validated.

The Company may, exceptionally, allow payment in installments, particularly based on the amount due and the information it has about the Customer concerned. The Company is under no obligation to grant such payment terms. In a specific situation, the Customer may send a request by contacting the Company’s Customer Service at zevessarelief@gmail.com.

5.2 Payment methods

To pay for an Order, the Customer may choose between the different payment methods offered.

Payment by bank card: only cards connected to a banking institution located in France or international bank cards, including Visa, MasterCard, American Express and Maestro, are accepted. The Customer guarantees to the Company that they have the necessary authorizations to pay using the bank card provided. The Customer expressly acknowledges that the card payment commitment is irrevocable and that providing the bank card number authorizes the debit of the account for the total amount corresponding to the Products ordered. The amount is debited when the Order is validated.

Card payments are processed through a secure payment platform and the card information communicated benefits from SSL encryption.

Payment through PayPal is accepted up to a limit of €1,000. When this method is used, PayPal’s Terms of Use, available on its website, are added to these General Terms and Conditions.

Vouchers and/or promotional codes issued by the Company may be used to pay all or part of the Order. These vouchers and/or promotional codes are valid for one use only. If fraudulent use is attempted, the Company may simply cancel the Order.

In general, if payment authorization is refused by officially accredited organizations or if the Order is not paid, the Company may suspend and/or cancel the Order.

The Company may suspend any payment method at any time, particularly if a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.

The Company may implement an Order verification procedure to ensure that no person uses another person’s bank details without their knowledge. During this verification, the Customer may be asked to send the Company, by email or post, a copy of an identity document, proof of address and a copy of the bank card used for payment. Precise information about the exact content requested, in order to preserve confidentiality, will be communicated to the Customer if verification is required. The Order will only be validated after the documents sent have been received and checked.

Article 6 – Delivery, customs clearance and receipt

6.1 Delivery

Before the Order is validated, the Company informs the Customer about the different delivery methods and their respective prices. Once the Customer chooses a delivery method, the Company communicates an estimated delivery time.

The Company will make every effort to ensure that the Product or Products are delivered no later than the scheduled delivery date. If a difficulty arises, the Company undertakes to contact the Customer quickly to inform them and seek an appropriate solution together.

Air transport, shipping and/or delivery of the Product or Products are fully borne by the Customer as delivery costs. These delivery costs are included in the final price invoiced to the Customer when the Order is placed. Customs fees, however, are not included in the price invoiced by the Company to the Customer.

Depending on the option chosen by the Customer, delivery will be made either to the address provided by the Customer or, where applicable, to a relay point chosen by the Customer from the available list. The Customer is therefore responsible for carefully checking the information supplied for delivery, as the Customer remains solely liable if delivery fails because information is incomplete or incorrect.

6.2 Customs clearance

When making a purchase, the Customer buys the Product tax-free and becomes the importer of the purchased Product in their capacity as recipient.

The Customer is therefore responsible in particular for import and customs clearance formalities with local customs offices. Depending on the Order price, customs duties may be due for Products with a customs value above €150.

The Customer is solely responsible for declaring customs duties during customs clearance of the Product. These customs duties, which are not invoiced to the Customer by the Company, do not fall within the Company’s responsibility. The Company therefore cannot be held responsible for reimbursing these duties.

6.3 Receipt

Upon receiving the Product, the Customer agrees to check that the Product is complete and undamaged.

If an issue is observed, the Customer must contact the Company’s Customer Service within three days, excluding public holidays, from the date the Product is received. Any complaint filed after this deadline cannot be processed.

Article 7 – Withdrawal

7.1 Principle and deadline

The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of the Order. For an Order containing several Products, the period begins when the last Product is received.

If the right of withdrawal is exercised within this period, the price of the Product or Products purchased and the shipping costs will be refunded, while return costs remain the Customer’s responsibility.

7.2 Exclusions

In accordance with articles L. 221-18 to L. 221-28 of the Consumer Code, the withdrawal right cannot be exercised for contracts covering goods or services whose price depends on market fluctuations beyond the professional’s control and likely to occur during the withdrawal period; goods made to the consumer’s specifications or clearly personalized; goods liable to deteriorate or expire quickly; goods unsealed by the consumer after delivery that cannot be returned for health protection or hygiene reasons; goods that, after delivery and by their nature, are inseparably mixed with other items; alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at contract conclusion depends on market fluctuations beyond the professional’s control; urgent maintenance or repair work at the consumer’s home expressly requested by the consumer, within the limit of the spare parts and work strictly necessary to address the emergency; audio or video recordings or computer software when unsealed after delivery; newspapers, periodicals or magazines except subscription contracts for such publications; and contracts concluded at a public auction.

7.3 Conditions for exercising withdrawal

To exercise the right of withdrawal, the Customer must inform the Company of the intention to withdraw, either by completing the standard form shown below or by sending an unambiguous statement expressing the intention to withdraw within the 14-day period mentioned above.

Standard withdrawal form template:

For the attention of PANGEMINIUM, www.zevessa.com, Customer Service,

I, the undersigned ______, hereby notify you of my withdrawal from the contract concerning the sale of the Product listed below:

Product name:
Date of Order and receipt:
Order number:
Withdrawal request tracking number:
Customer name:
Customer address:
Customer signature: only if this form is notified on paper
Date:

This form must be sent to the Company at one of the following addresses: by post to PANGEMINIUM, Customer Service, , or electronically to zevessarelief@gmail.com.

The Customer has 14 days from sending the withdrawal notification to return the Product to the Company in its original packaging, with return costs borne exclusively by the Customer.

Products must be returned in their original condition and complete, including packaging, accessories and instructions, so the Company can resell them. If Products are received opened, used, incomplete, damaged or soiled, the Company will not issue a refund and may, if considered necessary and appropriate, hold the Customer liable for depreciation of the Product.

If the Product is returned under the conditions provided by law and these General Terms, the Company will refund all amounts paid by the Customer, including delivery costs, within 14 days of withdrawal notification unless the Product is returned later. In that case, the Company will only refund after receiving and checking the condition of the returned Product.

The refund will be made using the same payment method used by the Customer to pay the Order, unless the Customer expressly agrees to another payment method. If payment was made by gift voucher or promotional code, the Customer will be refunded by new gift vouchers or promotional codes for an identical amount paid in that form.

Article 8 – Guarantees

8.1 Legal guarantees

The Company remains liable for conformity defects of goods under articles L.217-4 and following of the Consumer Code, and for hidden defects in the item sold under articles 1641 and following of the Civil Code.

When acting under the legal guarantee of conformity provided by articles L.217-4 and following of the Consumer Code, the Consumer Customer benefits from a period of 2 years from delivery to act, may choose between repair or replacement of the Product subject to the cost conditions in article L.217-9 of the Consumer Code, and is exempt from proving the existence of the lack of conformity during the 24 months following delivery if the Product is new and during the 6 months following delivery if the Product is second-hand.

The Customer may also act under the legal guarantee against hidden defects within the meaning of article 1641 of the Civil Code, choosing between cancellation of the sale or a reduction of the price in accordance with article 1644 of the Civil Code.

These legal guarantees apply independently of any contractual guarantee.

Reproduction of applicable texts

L.217-4 Consumer Code: the seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for conformity defects resulting from packaging, assembly instructions or installation when such installation was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.

L.217-5 Consumer Code: goods conform to the contract if they are suitable for the usual expected use of similar goods and, where applicable, match the description given by the seller and have the qualities presented to the buyer as a sample or model, and have the qualities that a buyer may legitimately expect considering public statements by the seller, producer or representative, particularly in advertising or labeling. Goods also conform if they present characteristics defined by mutual agreement or are suitable for any special use sought by the buyer, made known to the seller and accepted by the seller.

L.217-9 Consumer Code: in the event of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may refuse the buyer’s choice if that choice involves a cost clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. The seller must then proceed, unless impossible, using the method not chosen by the buyer.

L.217-12 Consumer Code: the action resulting from lack of conformity is time-barred two years from delivery of the goods.

Article 1641 of the Civil Code: the seller is bound by the guarantee for hidden defects in the item sold that make it unfit for its intended use, or that reduce that use so much that the buyer would not have acquired it, or would have paid a lower price, had the buyer known of them.

Article 1648 of the Civil Code: the action resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect.

8.2 Manufacturer warranty

Certain Products offered on the Site benefit from a contractual warranty granted by the Product supplier or manufacturer, to which the Company is not a direct party.

The existence of this type of warranty is indicated, where applicable, on the specific Product page.

If the Customer wishes to use this warranty, the Customer should notify the Company by contacting Customer Service and should also review the warranty application terms, which are generally included in the Product box.

It is noted that the Manufacturer Warranty does not prevent the application of legal provisions concerning the legal guarantee of conformity and the legal guarantee against hidden defects.

Article 9 – Personal data protection

Within the commercial relationship, the Company, as data controller, collects certain mandatory personal data, including in particular surname, first name and delivery address, marked with an asterisk, which are strictly necessary for processing the Order, managing the commercial relationship, producing statistics and complying with the Company’s legal and regulatory obligations. This data is kept for 5 years from the end of the Contract.

If the Customer does not provide this information, the Order cannot be processed.

This data is intended for internal use by the Company but may be transmitted to companies contributing to performance of the service, particularly those handling Product delivery or payment processing.

Regarding personal data, the Customer has several rights: access to personal data concerning them; rectification and deletion if data is inaccurate, incomplete, ambiguous, outdated or if collecting, using, communicating or keeping certain data is prohibited; restriction of processing, provided the request is duly justified and does not prevent the Company from meeting regulatory and legal obligations; objection to processing, especially for commercial prospecting; the right to issue post-mortem instructions concerning the retention, erasure and communication of personal data; withdrawal of consent for certain processing, with processing before withdrawal remaining lawful; and the right to lodge a complaint with the CNIL.

To exercise these rights, the Customer may send a request to the Company by letter addressed to PANGEMINIUM, www.zevessa.com, Customer Service, .

The request must state the Customer’s email address, first and last names, postal address and include a copy of both sides of an identity document.

A response will be sent within one month from receipt of the request.

Article 10 – Intellectual property rights

Unless specifically stated otherwise on a Product page, the sale of Products on the site does not transfer any intellectual property rights in the Products sold.

Brands, domain names, products, software, images, videos, texts and, more generally, any information protected by intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is made through these General Terms and Conditions.

Article 11 – Force majeure

The Company cannot be held liable for failure to perform its obligations under these terms if a fortuitous event or force majeure prevents performance. The Company will inform the Customer of such an event as soon as possible.

Article 12 – Exclusion of liability

Notwithstanding any contrary provision herein, the Company cannot under any circumstances be held liable for loss or damage caused by inappropriate use of the Product or Products by the Customer, including in particular any modification or alteration of the Product or Products not authorized by the Company.

Article 13 – Suspension or termination of account

The Company reserves the right to suspend or terminate the account of any Customer who breaches these General Terms and Conditions or, more generally, applicable legal provisions, without prejudice to any damages the Company may claim.

Any person whose account has been suspended or closed may not place future Orders or create a new account on the Site without the Company’s prior authorization.

Article 14 – Archiving and proof

Unless proven otherwise, information recorded by the Company constitutes proof of all transactions.

For each Order, the Order summary is sent to the Customer by email and archived on the Company’s website.

Communications between the Company and the Customer are archived on computerized registers kept for 5 years under reasonable security conditions. These registers, in which exchanges are recorded on a reliable and durable medium, are considered proof of communications, Orders, payments and transactions between the Customer and the Company. They may be produced as evidence of the Contract.

Communications, the Order, Order details and invoices are archived on a reliable and durable medium to constitute a faithful and durable copy in accordance with article 1360 of the Civil Code. This information may be produced as proof of the Contract.

The Customer may access archived elements upon simple request sent to zevessarelief@gmail.com.

Article 15 – Nullity and modification of the General Terms and Conditions

If any provision of these General Terms and Conditions is void, it will be deemed unwritten, but this will not make all contractual provisions void.

Any tolerance by the Company in applying all or part of the commitments made under these Terms and Conditions, regardless of frequency or duration, cannot constitute a modification of the Terms and Conditions and cannot create any right for the Customer.

Article 16 – Applicable law and dispute resolution

These General Terms and Conditions are governed by U.S law.

If any difficulty arises, Customer Service is available to seek an amicable solution.

If no solution is found directly with Customer Service, the European Commission has created a dispute resolution platform designed to collect possible consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. This platform may be accessed at the following address: http://ec.europa.eu/consumers/odr/.