General Terms and Conditions of Sale
Last updated: 12th July 2020
Article 1 – LEGAL NOTICES
This website, www.ziggyfamily.com (the "Site"), is published by:
ZIGGY, a company with a capital of 6373 euros, registered with the Orléans Trade and Companies Register under number 852 400 456, whose registered office is located at 1 AVENUE DU CHAMP DE MARS - CS 30019 - 45100 Orléans, represented by Rozo Alyosha duly authorized,
(hereinafter referred to as the "Operator").
The Operator's individual VAT number is: FR80852400456
The Site is hosted by Shopify Inc., located at 126 York St. Ottawa, ON K1N 5T5, Canada, telephone: 1-888-746-7439.
The Director of Publication of the website is Rozo Alyosha
The Operator can be reached at the following email address hello@ziggyfamily.com.
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of Sale (the "General Terms and Conditions of Sale", or the "T&Cs") are applicable exclusively to the online sale of the products offered by the Operator on the Website.
The T&Cs are made available to customers on the Site where they can be directly consulted and can also be communicated to them on request in other formats
The T&Cs are enforceable against the customer who confirms, by ticking a box or clicking on the button provided for this purpose, that he or she is aware of them and has accepted them before placing an order. Confirmation constitutes acceptance by the buyer of the T&Cs in force on the day of the order, the conservation and reproduction of which the Operator is responsible for maintaining and providing access to.
Article 3 – DESCRIPTION OF THE PRODUCTS
The Site is an online sales site for pet food (hereinafter the "Product(s)") open to any natural or legal person using the Site (the "Customer").
The Products presented on the Site are each subject to a description (drawn up by the supplier or accessible on the manufacturer's site via a link on the Site) showing their essential characteristics.
Ziggy strives to ensure that the products presented are as consistent as possible with those that will be delivered, with the company's characteristic sincerity. However, the company cannot guarantee the absence of slight differences, which may be linked in particular to the technical constraints of making the photos available on the Website (difficulty in making the Render Texture appear on the screen, differences in the quality of the colours of the photographs).
Ziggy tries to be as precise as possible on its Site to provide the Customer with all the information necessary to make his or her choice in full knowledge of the facts. Nevertheless, it may be that despite our best efforts , an oversight may occur
The company invites the user wishing to obtain any information to ask his question at the address: hello@ziggyfamily.com
The user expressly agrees not to rely on the company's liability in this respect, save for the mandatory legal provisions
The Products comply with the requirements of French law in force.
Article 4 – CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer is not obliged to create his or her personal customer area.
If the Customer decides to create one, in order to access it, he must identify himself using his secret, personal and confidential username and password. It is the Customer’s responsibility not to communicate his/her username and password in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Customer undertakes to maintain strict confidentiality on the data, in particular username and password which allow him to access his customer area; the Customer acknowledges that he is solely responsible for access to the Service through his username and password, except in the case of proven fraud. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his or her username and/or password.
After the creation of their personal customer area, the Customer will receive an email confirming the creation of their customer area.
The Customer undertakes when registering to:
- provide real, accurate information that is up-to-date at the time of entry into the registration form for the service, and in particular not to use false names or addresses, or names or addresses without being authorised to do so
– to keep the registration data up to date in order to guarantee their real nature at all times, accurate and up-to-date.
The Customer also undertakes not to make available or distribute information that is illegal or reprehensible (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Otherwise, the Operator may suspend or terminate the Customer’s access to the Site at Customer’s sole liability.
Article 5 – ORDERS
The Operator endeavours to guarantee optimal availability of its Products. Product offers are valid while stocks last.
If, despite the Operator's best efforts, a Product proves to be unavailable after the Customer's order, the Operator will inform the Customer by email, as soon as possible and the Customer will have the choice of:
- delivery of a Product of a quality and price equivalent to that initially ordered, or
- refund of the price of the Product ordered within thirty (30) days of payment of the sums already paid at the latest.
It is agreed that, apart from the refund of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
Except as otherwise stated in these General Terms and Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer’s orders are firm and definitive.
When placing an order, the Customer must select the Products chosen, add them to their basket showing the Products selected and the desired quantities. The Customer has the opportunity to check the details of his order and its total price, and to return to the previous pages if he or she wishes to possibly correct the contents of his basket, before validating it.
The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and any delivery and withdrawal costs prior to the payment of their order. Confirmation of the order implies acceptance of the T&Cs and forms the contract.
A copy of these Terms and Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of their Order so that the latter can refer to them.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof.
Email sent to the Customer in the context of an order will be sent to the email address that the Customer uses to identify himself in his customer area or the one communicated at the time of the order if he has not created a customer space.
Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.
The information provided by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, the Operator cannot be held liable in any way in the event that an error in the placing of the order prevents or delays delivery.
The Customer declares that it has full legal capacity to enter into these General Terms and Conditions.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer’s account without notice.
Article 6 – SUBSCRIPTION
The Customer has the option of taking out a Subscription on the Website.
Any Subscription taken out on the Site constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The sale will be considered final after the Seller has sent confirmation of the subscription by e-mail to the Customer and after the Seller has received payment of the price.
The Subscription service consists of shipping to the Customer the product(s) of his choice, at the frequency of his choice among the frequencies offered on the Site.
As part of the Subscription, the Customer benefits from a discount on the price of the Product, displayed and communicated on the Site at the time of Purchase.
The Customer has the option of modifying the content of their subscription, their subscription renewal date, their address, their payment method or to cancel it directly from their customer account or by contacting hello@ziggyfamily.com, before the direct debit is made.
You can return your order within 30 days after receiving your package. We are committed to reimbursing you for products that are still in their original condition:
Wet Food: Batches of 16 or 9 unopened and unconsumed,
Dry Food: Bags of 1kg or 2.5 Kg unopened and unconsumed,
Litter: 10L bag unopened and unconsumed,
Boxes: Complete boxes unopened and unconsumed.
The Customer pays for the first order when subscribing to the subscription offer. The payment methods are those indicated in Article 9 "Payment methods and security" of these T&Cs. Payment for each order will be taken from the credit card or the electronic wallet account (such as PayPal) registered by the customer when registering for the subscription. The Operator will never have access to the customer's bank details. A third-party organization will be responsible for encrypting this data in order to make it completely secure.
Product offers will be limited by stock availability as stated at the time of subscription.
In order to ensure the proper administration of a Customer's Subscription, the Customer must fill in a form including his personal data. The information provided to the Seller must be accurate. The Customer must ensure that they are correct and compliant when taking out the policy. In the event of incorrect data being communicated, the Seller cannot be held liable.
It is therefore the Customer's responsibility to verify the accuracy of the Subscription and to report any errors immediately.
If the credit card becomes invalid at any time during the subscription period, or if the charge is declined for any other reason, the Operator will send an email to the Customer at the address associated with the customer account, stating that the subscription has been interrupted and asking the Customer to update their payment details. The subscription will be suspended and no additional orders will be processed or shipped until this information has been updated. If one month after the payment incident, the Payment details have not been updated, the subscription programme will be cancelled.
There are no fees associated with joining a subscription program. Only the price of the Products ordered and any share of the cost of transport will be payable.
Article 7 – TERMS OF UNSUBSCRIBING
The subscription contract is non-binding and can be terminated at any time by the Customer. The Customer has the option of suspending his subscription and resuming it at any time later. In the event of termination or suspension, the Customer must make a request in his customer account at least 3 days before the next shipment. Any request outside this period cannot be taken into account for logistical reasons.
The choice of delivery method will be made as soon as the subscription is taken out. It will be possible to change the delivery method afterwards via the customer account.
The Customer may change their delivery day and frequency within 3 days of the scheduled shipment directly from their customer account. Any request outside this period cannot be taken into account for logistical reasons.
Unsubscribing may also result from the Seller's decision in accordance with the terms and conditions set out in the article "Deactivation of customer account".
Article 8 – DEACTIVATION OF CUSTOMER ACCOUNT
In the event of non-compliance with the obligations arising from the acceptance of these General Terms and Conditions of Sale, incidents involving the payment of the price of a Subscription, the delivery of erroneous information at the time of account creation or acts likely to harm the interests of the Seller, the Seller reserves the right to suspend access to the services offered on the Site or, depending on the seriousness of the acts, to terminate the Subscription and the Customer’s account without the Seller incurring any liability.
The Seller also reserves the right to refuse to contract with a Customer who has been excluded or sanctioned for such acts.
Article 9 – PAYMENT METHODS AND SECURITY
The Customer expressly acknowledges that any order placed on the Website is an order with an obligation to pay, which requires the payment of the price in exchange for the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before the order is shipped, by any means necessary.
The Operator uses the online payment solutions Mollie and Stripe.
Orders can be paid for using one of the following payment methods:
Credit card payment. Payment is made directly on the secure banking servers of the Operator's bank, the Customer’s bank details do not pass through the Site. The bank details provided at the time of payment are protected by SSL (Secure Socket Layer) encryption. In this way, these contact details are not accessible to third parties.
The Customer’s order is recorded and validated as soon as the payment is accepted by the bank.
The Customer's account will be debited for the corresponding amount only when (i) the details of the credit card used have been verified and (ii) the debit has been accepted by the bank that issued the credit card.
The inability of debiting the sums due will result in the immediate cancellation of the sale.
In particular, the credit card may be refused if it has expired, if it has reached the maximum amount of spending to which the Customer is entitled or if the data entered is incorrect.
Payment by electronic wallet (PayPal type). The Customer already has an account on the e-wallet used by the Operator. The Customer can use this account and pay for his order in complete security without providing his bank details.
Article 10 – PAYMENT OF THE PRICE
The price of the Products in force at the time of the order is indicated in euros, including all taxes (TTC), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the validity of the promotion.
The price is payable in euros (€) only. The price is due in full after confirmation of the order. The prices offered include the discounts and rebates that the Operator may grant.
If delivery or transport costs apply, they will be added to the price of the Products and be indicated separately before the order is validated by the Customer. The total amount due by the Customer is indicated in detail on the order confirmation page.
Article 11 – FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed at the time the Customer sends the confirmation of its order.
The Customer’s attention is drawn in particular to the method of acceptance of the order placed on the Site. When the Customer places his order, he must confirm it by the "double-click" technique, i.e. after selecting Products added to the cart, the Customer must check and possibly correct the content of his cart (products selected, quantity of products selected, price, delivery methods and costs) before validating it by clicking on "I validate my delivery", then he acknowledges that he accepts these T&Cs before clicking on the "I pay" button, and finally he validates his order after filling in his bank details. The "double click" is equivalent to both an electronic signature and a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
The Operator's archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. Such communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
The order may be cancelled by the Customer by registered letter with acknowledgement of receipt or in writing on another durable medium in the event of:
delivery of a Product that does not comply with the declared characteristics of the Product; delivery beyond the deadline set out in the purchase order or, in the absence of such a date, within thirty (30) days of the conclusion of the contract, after the Operator has been ordered, in the same manner and without result, to make the delivery within a reasonable additional period; price increase that is not justified by a technical change in the product imposed by the government.
In all these cases, the Customer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order may be cancelled by the Operator in the event of:
the buyer's refusal to take delivery; non-payment of the price (or the balance of the price) at the time of delivery.
Article 12 – RETENTION OF TITLE
The Operator remains the exclusive owner of the Products ordered on the Site until the full price has been collected, including any shipping costs.
Article 13 – SHIPPING AND DELIVERY
NOTE THIS RESTRICTION
Goods presented on the site for sale online are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to Customer of physical possession or control of the Product.
The Operator offers you different delivery or delivery methods depending on the nature of the product.
Shipping costs are those specified when the order is finalised and accepted by the validation of the order.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.
Delivery times are announced in working days on the Site at the time of ordering. These times include the preparation and shipping of the order as well as the time frame provided by the carrier.
The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product page and in the basket, provided that payment for the order has not been refused.
However, if one or more Products cannot be delivered within the period initially announced, the Operator will send an email indicating the new delivery date to the Customer.
The Products will be delivered to the address indicated by the Customer when placing their order. It is therefore up to the Operator to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
Upon delivery, you may be asked to sign a receipt form.
No deliveries will be made to a PO Box.
Upon delivery, it is the Customer's responsibility to check that the Products delivered are in accordance with their order and that the package is sealed and not damaged. If this is not the case, the Customer must imperatively indicate this on the delivery note. No claim on the quantity or condition of the Product will be accepted if the claim has not been recorded on the delivery note.
Article 14 – RETURN, REFUND & RIGHT OF WITHDRAWAL
A - Return and refund
Within 30 days of receipt of your package, if you or your cat are not convinced by Ziggy, we undertake to take back the products from you under the conditions specified below.
We generate a return label to allow you to return your products to us without inconvenience. Contact our customer service to get your return label!
Here are the different possibilities for returning and refunding Ziggy products as indicated on our dedicated page:
Unopened products:
We take back and refund unopened products, within 30 days:
- Wet Food: Packs of 4, 16 or 9 unopened and unconsumed trays
- Dry Food: 1 kg or 2.5 kg bags unopened and unconsumed
- Litter: Unopened and uneaten 10 L bag
- Probiotics: Box of 30 unopened and unconsumed sachets
- Boxes: Complete contents of the unopened and unconsumed box
Opened products:
We take back the remaining unopened and uneaten trays of wet food from batchs of 4, 9 or 16 trays. We will refund the remaining trays in the form of a credit note valid for an unlimited period of time.
We will also take back and reimburse you in the form of a credit note valid without time limit the remaining unopened and unconsumed probiotic sachets of a box of probiotics.
For hygiene and conservation reasons, open bags of dry food and open bags of litter cannot be returned.
B - Right of withdrawal
If a Product delivered is not completely satisfactory to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with Article L.221-21 of the French Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer is invited to contact customer service to receive a product return label.
The Operator will send an acknowledgement of receipt of the Customer's request for withdrawal by e-mail.
Where applicable, the Customer may exercise his right of withdrawal by notifying the Operator of the following information:
name, geographical address, telephone number and email address;
decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail if such contact details are available and therefore appear on the standard withdrawal form). The Customer may use the templated withdrawal form but it is not mandatory.
The return costs are to be borne by the Customer, unless the goods cannot normally be returned by post, in which case the Operator will collect the Product at their own expense.
The exceptions to Aticle L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:
for the provision of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his or her right of withdrawal;
- the supply of goods or services the price of which depends on fluctuations on the financial market beyond the control of the Seller and likely to occur during the withdrawal period;
- the supply of goods made to the customer’s specifications or clearly personalised;
- the supply of goods likely to deteriorate or expire quickly;
- the supply of goods which have been unsealed by the customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
- the supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and the value of which is agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the operator;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- the provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- concluded at a public auction;
- provision of accommodation services, other than residential accommodation, transport of goods, car rental, catering or leisure activities which are to be provided on a specified date or period;
the supply of digital content not provided on a material medium the performance of which has begun after the consumer's express prior consent and express waiver of his or her right of withdrawal.
The returned Product must be in its original packaging, in perfect condition, fit for resale, unused, complete and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact (surname, first name, address) and complete contact details of the Customer as well as the order number, and the original purchase invoice.
The Operator will reimburse the customer for the cost of the Product within fourteen (14) days of receipt of the Product and all the elements allowing the implementation of the Customer’s refund. This refund may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credit notes/gift vouchers may be reimbursed by credit notes/gift vouchers according to the Operator's wishes.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges that he or she has been informed of the terms of withdrawal.
Article 15 – CUSTOMER SERVICE
The Customer may contact the Operator: by email to hello@ziggyfamily.com indicating their name, telephone number, the subject of their request and the number of the order concerned.
Article 16 – INTELLECTUAL PROPERTY AND LICENCE TO USE THE SITE
The Operator is the sole owner of all elements present on the Website, in particular, and without limitation, all texts, files, images, animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Website and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, distributed, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Customer or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the express prior written consent of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorised use and/or exploitation.
In addition, it is specified that the Operator is not the owner of the content posted online by the Customers, for which the latter remain fully responsible and guarantee the Company against any recourse in this respect. Customers grant the Operator a non-exclusive, transferable, sub-licensable, free and worldwide license to use the intellectual property content that they publish on the Site, for the entire duration of the protection of such content.
The Operator reserves the right to take any legal recourse against persons who have not complied with the prohibitions contained in this article.
Article 17 – LIABILITY AND GUARANTEE
The Operator may not be held liable for the non-performance of the contract by the Customer or due to an event qualified as force majeure by the competent courts or for the unforeseeable and insurmountable act of any third party hereto.
The Operator cannot be held liable for the information imported, stored and/or published on the Site by the Customers. The Operator cannot be held liable for any information published by a Customer on the Website and for any direct or indirect damage that this use may cause to a third party, the Customer at the origin of the publication remaining solely responsible in this respect.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted due to maintenance, updates or technical improvements, or to change the content and/or their presentation.
The Operator cannot be held liable for the use that may be made of the Site and its services by Customers in violation of these General Terms and Conditions and for any direct or indirect damage that this use may cause to a Customer or a third party. In particular, the Operator cannot be held liable for false statements made by a Customer and for its behavior towards third parties. In the event that the Operator is held liable for such behavior by one of its Customers, the latter undertakes to indemnify the Operator against any conviction pronounced against it and to reimburse the Operator for all costs, in particular lawyers' fees, incurred for its defense.
The Customer is solely responsible for all the content that it puts online on the Website, for which it expressly declares that it has all the rights, and as such guarantees the Operator that it does not put online content that violates third party rights, in particular intellectual property rights, or constitutes an attack on persons (in particular defamation, insults, insults, etc.), respect for private life, a breach of public order and morality (in particular, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of a breach of applicable laws, morality or these General Terms and Conditions, the Operator may automatically exclude Customers who have been guilty of such infringements and delete information and references to such content. The Operator is qualified as a host with regard to content posted online by third parties. In this respect, it is recalled that the Operator has no general obligation to monitor the content transmitted or stored via the Site. In the event that the Operator is held liable for content posted online by the Customer, the Customer undertakes to indemnify the Operator against any conviction pronounced against it and to reimburse the Operator for all costs, in particular legal fees, incurred for its defense.
Regardless of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the warranty against latent defects provided for in Articles 1641 to 1649 of the Civil Code.
When you act within the framework of the legal guarantee of conformity:
you have a period of two (2) years from the delivery of the good to act: you can choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; You are 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 (except for second-hand goods).
You can decide to implement the warranty against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Reproduction of Articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, Articles 1641, 1644 and the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Terms and Conditions:
Art. L.217-4 of the Consumer Code:
"The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility".
Art L.217-5 of the Consumer Code:
"The good is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- If it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- whether it has the qualities that a buyer can legitimately expect in the light of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted".
Art. L.217-7 of the Consumer Code:
"Lack of conformity that appears within twenty-four months of the delivery of the goods is presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can challenge this presumption if it is not compatible with the nature of the property or the lack of conformity invoked".
Art. L.217-9 of the Consumer Code:
"In the event of a lack of conformity, the buyer chooses between the repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the property or the extent of the defect. He is then required to proceed, unless it is impossible, according to the method not chosen by the buyer".
Art. L.217-12 of the Consumer Code:
"The action resulting from the lack of conformity is time-barred after two years from the delivery of the good".
Art. 1641 of the Civil Code:
"The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."
Art. 1644 of the Civil Code:
"In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price reimbursed, or keeping the item and having part of the price reimbursed."
Art. 1648 paragraph 1 of the Civil Code:
"The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect."
It is recalled that the search for amicable solutions prior to a possible legal action does not interrupt the time limits for the action of legal guarantees or the duration of any possible contractual guarantee.
Article 18 – COMMERCIAL GUARANTEE
The commercial guarantee (contractual commitment of the Operator, in addition to its legal obligations relating to the guarantee of conformity of the Products) is the subject of a written contract in accordance with the provisions of Articles L. 217-15 et seq. of the French Commercial Code, a copy of which is given to the Customer.
Article 19 – AFTER-SALES SERVICE
The after-sales services provided by the Operator and not covered by the commercial guarantee are the subject of a contract, a copy of which is given to the Customer.
Warranty claims must be addressed to the after-sales service department at the following address:
e-mail address: hello@ziggyfamily.com
postal address: 14 rue Saint-Colombe, 33000 Bordeaux, France
The Products covered by the warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
The Customer will be reimbursed for the return postal costs no later than thirty (30) days after receipt of the product by the Operator.
Article 20 – PERSONAL DATA
For more information regarding the use of personal data by the Operator, please read the Privacy Policy (the "Policy") carefully. You can consult this Charter at any time on the Site.
Article 21 – HYPERTEXT LINKS
The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and then agree to use the third-party sites at his/her own risk or, as the case may be, in accordance with the terms and conditions that govern them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or the content applicable to or appearing on these third-party sites.
Consequently, the Operator cannot be held liable in any way whatsoever as a result of these hypertext links.
In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or adopt all or part of the terms of use and/or the content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners to third-party sites not published by the Operator.
The Operator invites the Customer to inform it of any hypertext link on the Site that would allow access to a third-party site offering content contrary to the laws and/or good morals.
The Customer may not use and/or insert a hypertext link to the website without the prior written consent of the Operator on a case-by-case basis.
Article 22 – REFERENCES
The Customer authorizes the Operator to mention the Customer’s name and logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).
Article 23 – GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute all the rights and obligations of the Company and the Operator relating to their purpose. If one or more provisions of these General Terms and Conditions are declared null and void pursuant to a law, regulation or following a final decision of a competent court, the other provisions will retain their full force and scope. In addition, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions cannot be interpreted as a waiver on its part to invoke such a breach in the future
CHANGES OF TERMS
The Operator reserves the right to modify at any time and without prior notice the content of the Site or the services available therein, and/or to temporarily or permanently cease to operate all or part of the Site.
In addition, the Operator reserves the right to modify the location of the Website on the Internet at any time and without prior notice, as well as these General Terms and Conditions. The Customer is therefore required to refer to these General Terms and Conditions before using the Website.
The Customer acknowledges that the Operator shall not be liable in any way whatsoever to the Customer or any third party as a result of such modifications, suspensions or terminations.
The Operator advises the Customer to save and/or print these General Terms and Conditions for safe and long-term storage, and thus be able to invoke them at any time during the performance of the contract if necessary.
COMPLAINT - MEDIATION
In the event of a dispute, you must first contact the company's customer service at the following address: hello@ziggyfamily.com.
In the event of failure of the request for a complaint to the customer service department or in the absence of a response from this service within ten (10) days, the Customer may submit the dispute relating to the purchase order or these T&Cs between it and the Operator to the mediator.
The mediator will try, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse the use of mediation and, in the event of recourse to mediation, to accept or reject the solution proposed by the mediator.
APPLICABLE LAW
NB – FOR SALE OUTSIDE FRANCE
These Terms and Conditions shall be governed by, construed and enforced in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges that he or she has carefully read these General Terms and Conditions.
By registering on the Site, the Customer confirms that he/she has read and accepted the General Terms and Conditions, making him/her contractually bound by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a dated copy of which may be given to the Customer at the Customer’s request, so it is specified that any modification of the General Terms and Conditions that would be made by the Operator will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.