Website Presentation
Owner: Marlene Braach – 31 rue Stendhal – 75020 Paris
Seller information: ZAË
31 rue Stendhal – 75020 Paris
Auto-entrepreneur
SIREN 947 847 000 00017
Createur: Marlene Braach
Responsable publication : Marlene Braach – info@zae-design.com
Webmaster: Marlene Braach – info@zae-design.com
Hoster : Strato AG
General conditions of use of the site and the services offered
Use of the zae-desing.com website implies full acceptance of the general conditions of use described below. These terms of use may be modified or supplemented at any time. Users of the zae-desing.com website are therefore invited to consult them regularly. This site is normally accessible to users at all times. However, Marlene Braach may decide to interrupt the site for technical maintenance purposes. Marlene Braach will endeavour to inform users in advance of the dates and times of the intervention. The zae-desing.com website is regularly updated by Marlene Braach. In the same way, the legal notices can be modified at any time, they are nevertheless binding on the user who is invited to refer to them as often as possible in order to read them.
General Terms and Conditions of Sale
In the following we would like to present our General Terms and Conditions of Sale, which we use as a basis for the provision of all services rendered on zae-design.com. On www.zae-design.com we sell clothing. All items are only offered via zae-design.com.
Scope
These terms and conditions apply to all purchases from ZAË (Legal Notice) made by private customers. Private customers in this sense are persons with residence and delivery address in the European Union, as far as the goods ordered by them cannot be attributed to their commercial or independent professional activity. The offers of Products are valid as long as they are visible on the site, within the limit of available stocks. The sale will only be considered valid after full payment of the price. It is the responsibility of the Customer to check the accuracy of the order and to immediately report any error.
Any cancellation of the order by the Customer will only be possible before the delivery of the Products (independently of the provisions relating to the application or not of legal retraction).
Business customers are requested to contact info@zae-design.
Prices and shipping costs
The prices quoted are final prices. The amount shown at the time of the binding order applies. Shipping costs are added, which depend on the shipping method and the size and weight of the item(s) you have ordered. You can find out about the details under [link to “Shipping costs”]. We shall not bear the regular costs of the return shipment incurred in the event of a return of the goods by you exercising your right of revocation. If you exercise your right of withdrawal, we will not refund the shipping costs.
Payment shall be made on delivery by means of
– cash in advance
– PayPal
Default of payment
If you are in default of payment, ZAË is entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the “Deutsche Bundesbank” for the time of the order. In the event that ZAË can prove that it has incurred higher damages as a result of the delay, ZAË is entitled to claim these damages.
Right of Retention
The Customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery is made to the delivery address given by the Customer, within
– Europe
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, ZAË’s obligation to perform is excluded. Amounts already paid will be refunded by ZAË immediately.
(3) ZAË can also refuse performance insofar as this requires an effort which is grossly disproportionate to the Customer’s interest in the fulfilment of the purchase contract, taking into account the content of the purchase contract and the principles of good faith. Amounts already paid will be refunded by ZAË without delay.
(4) Bulky goods (parcels with a larger volume than 1 sqm) are usually delivered by a forwarding agent. ZAË expressly points out that these goods will not be carried into the house.
Favourable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it is damaged due to an opening for functional testing.
Defect Rights
(1) A product that is already defective at the time of delivery (warranty case) will, at the Customer’s option, be replaced by a defect-free product or professionally repaired at ZAË’s expense (supplementary performance). The Customer is informed that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, ZAË does not provide any warranty for a defect that has arisen due to improper repair by a service partner not authorised by the manufacturer.
(3) If the type of subsequent fulfilment desired by the Customer (replacement delivery or repair) requires an expenditure which, in view of the product price, taking into account the content of the contract and the dictates of good faith, is grossly disproportionate to the Customer’s interest in performance – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent fulfilment can be resorted to without considerable disadvantages for the Customer must be taken into account – the Customer’s claim is limited to the respective other type of subsequent fulfilment. ZAË’s right to also refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) Both in the case of repair and in the case of replacement, the Customer is obliged to send the product at ZAË’s expense to the return address given by ZAË, stating the order number. Prior to sending in the product, the Customer must remove any objects inserted by him from the product. ZAË is not obliged to inspect the product for the insertion of such items. ZAË is not liable for the loss of such items, unless it was readily apparent to ZAË at the time of taking back the product that such an item had been inserted into the product (in this case ZAË will inform the Customer and keep the item ready for collection by the Customer; the Customer will bear the costs incurred).
(5) If the Customer sends in the product in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the Customer was able to use the product in a defect-free condition between delivery and return, the Customer shall reimburse the value of the benefits derived by him. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value does not apply to the return of a defective product in the case of warranty,
a) if the defect entitling the buyer to withdraw from the contract only became apparent during processing or remodelling,
b) if ZAË is responsible for the deterioration or loss or if the damage would also have occurred at ZAË,
c) if the deterioration or loss has occurred at the Customer’s premises although the Customer has exercised the care which he is accustomed to exercising in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time.
(8) In addition, claims against the manufacturer may also exist within the framework of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions.
(9) ZAË’s statutory warranty ends two years after delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In the case of slight negligence ZAË is only liable in the case of breach of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. ZAË is not liable for other damages caused by slight negligence due to a defect in the object of purchase.
(2) Irrespective of any fault on the part of ZAË, ZAË’s liability remains unaffected in the case of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer’s guarantee is a guarantee of the manufacturer and does not constitute an assumption of a guarantee by ZAË.
(3) ZAË is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred with timely delivery.
(4) The personal liability of ZAË’s legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.
Applicable Law
The contract concluded between you and ZAË is exclusively subject to the law of France with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in France, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be the registered office of the operator of the online shop.
Dispute resolution
General information obligations for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.
Updated 29/01/2023