The company ETS Zilli (‘Zilli’) markets Zilli products throughout the world through its network of outlets.
Zilli has sought to diversify, by enabling its client to order some of its products online through the website www.Zilli.com. The website www.Zilli.com is published by ETS Zilli, a limited liability company [‘Société par actions simplifiée’] with capital of €2,456,781, with its registered office at 24, avenue Joannès Masset – 69009 Lyon – France, registered at the Trade and Companies Register [‘RCS’] of Lyon under number 696 520 410. Its ‘Siret’ number is 96550643900052B and its inter-community VAT number is FR01965506439.
Tel: +33 (0) 4 78 83 13 11
ARTICLE 1: SCOPE AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF ONLINE SALES
The Terms and Conditions of Online Sales govern the sale of Zilli products on the website www.Zilli.com (‘Website’).
The Zilli products that are on sale are solely intended to be sold to non-professional individuals (‘Clients(s)’) who are consumers of age and with full legal capacity to contract.
Product sales are therefore intended for strictly personal use.
The items ordered on the Website can only be shipped to the following countries: mainland France, the United Kingdom and Member States of the European Union.
Zilli reserves the right not to honour orders placed by persons who are not consumers or who do not comply with its marketing policy.
Similarly, Zilli is entitled to refuse any abnormal order, or any order from a Client with whom there is a dispute over the payment of a previous order. An abnormal order is defined by Zilli as being an order with more than five items per category (of ready-made clothes, leather goods, accessories and shoes) or more than three items for the same reference.
By submitting the order form, the Client declares that he or she has read the Terms and Conditions of Online Sales and has accepted them without reservation.
The Terms and Conditions of Online Sales may be retained by any means of computer storage and may be printed.
Zilli may change its Terms and Conditions of Online Sales, in the knowledge that orders are governed by the version in force at the time that the Client places the order.
ARTICLE 2: PLACING OF ORDERS
Orders are placed online on the Website www.Zilli.com. To effect the purchase of the product, the Client must complete the electronic order form and send it to Zilli electronically, by following the instructions provided.
Zilli confirms an order by e-mail, which it will send to the Client do as soon as possible after it is placed. For so long as Zilli has not sent out an e-mail confirming the order, the Client may check the order, change it and correct it.
The Client’s account will only be debited once a product has been dispatched.
ARTICLE 3: PRODUCT PRICE
A product’s price, pursuant to Article L 111-1 of French consumer law [‘Code de la consommation’] is stated in Euros, inclusive of VAT, but excluding the cost of delivery and shipping. Before the Client confirms the order, Zilli’s website generates an order summary, that includes:
• the total amount due for the product(s); and
• the delivery and shipping costs.
On delivery, at the latest, the Client will receive written confirmation of all the information set out in Article L 221-5 of French consumer law [‘Code de la consommation’]
ARTICLE 4: PAYMENT
Unless the server is unavailable, the Client must pay for his or her order when the order summary is generated, by credit card only (Debit card, Visa, MasterCard or American Express exclusively), issued for an account domiciled in mainland France, in the United Kingdom, or in any Member State of the European Union. The Client must enter his or her card number, its expiration date, the name of the cardholder and the visual cryptogram (the last three or four numbers on the back of the card).
Payment is made via the secure server of the secure payment operating company, Stripe. This means that no banking information concerning the Client passes through the Website. Payment by credit card is totally secure.
All orders are payable in Euros, inclusive of tax and mandatory contributions.
The credit card is debited when the Client’s order is confirmed.
The Client undertakes to Zilli that he or she has the requisite authority to use the method of payment chosen at the time of confirmation of the order. If the bank refuses payment, the order automatically be cancelled.
The purchase invoices are sent by e-mail to the e-mail address specified by the Client when placing his or her order on the Website.
To help combat internet fraud, information relating to order managed by Zilli’s appointed payment partner: Stripe, a secure payment operating company. Stripe is responsible for automated processing and storage of information relating to each order (including credit card details), in a secure environment.
Information relating to the orders is subject to automated data processing, managed by Stripe. This automated data processing enables the data transmitted to be analysed and the validity of the transaction to be checked, to help combat payment fraud (especially credit card fraud).
Stripe and Zilli are the recipients of the data relating to the Client's order. Not transmitting data in connection with the Client's order will prevent the transaction being effected and analysed.
Any sum that is unpaid, due to the fraudulent use of a credit card or other means of payment, will result in the details relating to the order in respect of which the payment is unpaid being registered within a file called ‘payment incident’, kept by Stripe. An irregular declaration or an anomaly may also be subject to individual treatment.
ARTICLE 5: TERMS AND CONDITIONS OF DELIVERY AND RECEIPT OF PRODUCTS
Products can only be delivered to mainland France, the United Kingdom and within the Member States of the European Union.
Products made from exotic skins (for example, crocodile, lizard, snake and ostrich leather) are, outside the European Union, subject customs inspections. Therefore, they could be the subject of a request that a certificate of origin or a CITES certificate be produced to justify the origin of the leathers used.
The Client has the option of asking Zilli to deliver products to an individual of the Client’s choosing, who is permanently resident in mainland France, the United Kingdom or within the Member States of the European Union.
For security reasons, Zilli will not process any order in respect of which a general delivery address, P.O. Box, relay point or hotel address is provided.
The product delivery date is usually specified in Zilli’s e-mail confirming the order. If it is not so specified and provided that payment has been made in full, delivery will not take place more than thirty (30) days from confirmation of the order.
The cost of standard deliveries (deliveries within three to four working days) are borne by Zilli.
If the Client opts for a specific time for delivery (for example, an express delivery service), the Client may be charged additional costs, the amount of which the Client will be informed before confirmation of the order.
On delivery, the Client must check the conformity of the products against the order, in the presence of the carrier. In the event that a visible defect is found (including missing items and package damage), the Client must comply with the provisions of Article 10 (below).
ARTICLE 6: RIGHT TO WITHDRAW AN ORDER AND RETURN PRODUCTS
In accordance with the provisions of Article L 221-18 of French consumer law [‘Code de la Consommation’], the Client has the right to withdraw the order, without having to justify this decision, within fourteen (14) days of receipt of the product (of which the date appearing on the carrier's receipt is proof).
To exercise the right of withdrawal, the Client must, within fourteen (14) days, send Zilli written notice of his or her intention to withdraw the order. The written notice may be in any format, including the standard return form (to be found by clicking on the ‘Return Form’ link). The Client must send this this written notice either by post to: Client Services, 48 Rue François 1er, 75008 Paris) or via the form available on the Website under the ‘Contact us’ tab.
The exercise of this right of withdrawal requires the Client, after sending the written notice to Zilli, to return the product to Zilli (addressed to Client Services 48 Rue François 1er, 75008 Paris), as soon as possible and in any event within fourteen (14) days of the date on which the Client sent Zilli the Return Form (of which the date appearing on the carrier's receipt is proof).
The Client must send the product to be returned to the address indicated on the Return Form. A product can be shipped using a pre-printed adhesive label (not paid for by Zilli), attached to the package containing the product. The Client may mandate any carrier, including UPS (by visiting their website: www.ups.com), to arrange for the pick-up of the package. The Client alone bears the full costs of sending the parcel.
A product must be returned in its original packaging (including the parcel and any shipping protection, documents, accessories, adhesives, identification tags and single-use seals). It must be carefully preserved and extracted from its packaging only verifying their nature, characteristics and size, and must show no signs of wear or traces of dirt.
• The right of return may be exercised in respect of all or some of the products bought.
• For so long as the Client has not received confirmation that the returned product has been received by Zilli, the Client is solely liable for the shipping of the product. Therefore, if the product has been damaged during shipping, Zilli will inform the Client of this to enable the Client to make a claim for compensation against the carrier. The product will then be returned to the Client and the notice of withdrawal will be cancelled.
• Zilli is not liable for any damage, theft or loss of a product during its transport nor for any other incidents that occur during the shipping of the product.
• Zilli reserves the right to refuse to accept the return of a product that appears to have been damaged, to have deteriorated, been stained or in a state that indicates that the product has been used for a purpose other than verification by the Client strictly necessary to ensure the nature and characteristics of the items purchased.
Zilli reserves the right to refuse to reimburse the Client for so long as a product that has been returned has not been received or is not in a good condition. Unless otherwise agreed between the parties, the amount that the Client was originally invoiced will be refunded via the same method of payment used by the Client for the original purchase.
Upon receipt of a returned product, Zilli will check it to ensure that it complies with the terms of this Article. In the event of a defect found during this check, Zilli will inform the Client by e-mail that the return of the product has not been accepted. The product will then be returned to the Client at the Client’s expense and in the same condition as it was when returned to Zilli.
In the event that the right of withdrawal is invalidated, Zilli will return the bought product to the Client. The Client must pay for the cost of shipping the product and the purchase price for the product (if this has already been reimbursed to the Client).
ARTICLE 7: NO EXCHANGE POSSIBLE
Apart from the right of return provided for by Article 6 above, the Client is informed that Zilli will not exchange any product.
ARTICLE 8: LEGAL GUARANTEES – AFTER-SALES SUPPORT
Zilli’s products are subject to the terms and conditions of legal guarantees provided under Articles L 217-4 to L 217-14 of French consumer law [‘Code de la Consommation’], and Articles 1641 to 1648 of French civil law [‘Code Civil’] to the exclusion of all other guarantees.
Information on Zilli products (characteristics, price, etc.) offered for sale on the Website is available on the Website itself or in the outlets of Zilli’s network.
The Client will ensure that the product delivered corresponds with the order. If it does not, the Client must inform Zilli’s Client Services of this as soon as possible by telephone, in accordance with the preamble (above) and Article 9 (below).
Any Client intending to rely on the legal guarantee for non-conformity must do so within two (2) years from the date of receipt of the product.
Zilli will deal with any non-conformity in accordance with the terms of Article L 217-4 et seq. of French consumer law ['Code of the Consommation'].
Non-conformity defect that appear within 24 months of delivery are presumed to exist on delivery, unless there is evidence to the contrary.
Zilli will deal with any hidden defect in the product sold, under the terms of Articles 1641 to 1648 of French civil law ['Civil Code'].
Any Client intending to rely on the legal guarantee for a hidden defect, must do so within 2 years of discovering the defect.
The Client may choose:
• to have the product with the hidden defect repaired or replaced, subject to paying the costs provided for under Article L 217-9 of French consumer law [‘Code de la Consommation’]; or
• to cancel the sale or obtain a price reduction, in accordance with Article 1644 of French civil law [‘Code Civil’].
Zilli offers an after-sales support service for any product that can be repaired. To do so, the Client may contact Zilli’s Customer Services team as provided for in Article 9 (below).
ARTICLE 9: INFORMATION – CUSTOMER SERVICES
Zilli provides a dedicated Customer Service team for its Clients, to assist with any enquiries and complaints.
A Client may write to Zilli’s Customer Service team for more information by sending either the Contact Form (that can be downloaded by clicking on the Contact Form link) or a letter, to: Zilli, Service Clients, 48 rue François 1er, 75008 Paris, France.
ARTICLE 10: CONDITIONS OF USE OF THE WEBSITE
ARTICLE 12: INTELLECTUAL PROPERTY RIGHTS
Zilli warrants that all products bought on the Website, which is its only online sales website, are authentic. Therefore, Zilli cannot ensure that products sold on other commercial websites are authentic. In addition, Zilli confirms its commitment to combat the fraudulent copy or counterfeiting of its products.
The ‘Zilli’ trademark, and all figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images, logos and any distinctive sign appearing on Zilli’s products, their accessories or packaging, whether or not they are registered, are and remain the exclusive property of Zilli. Any total or partial reproduction, modification, addition, or use of these signs for any reason whatsoever and whatever the medium is prohibited. Zilli owns all intellectual property rights of the Website and its content (including text and illustrations).
The rights over the Website and its content are protected by all French laws on authors’ rights and database laws.
All rights reserved.
ARTICLE 13: FORCE MAJEURE
Zilli will stop complying with its contractual obligations in the event of a force majeure under the terms of Article 1218 of French civil law [‘Code Civil’].
Zilli will inform the Client of any force majeure within seven (7) days of its occurrence. If the impediment lasts for more than fifteen (15) days, the Client may cancel any order in progress and Zilli will reimburse the client for it within ten (10) days of receipt by Zilli of the cancellation notice.
ARTICLE 14: INTEGRAL NATURE OF THE TERMS AND CONDITIONS OF ONLINE SALES
ARTICLE 15: APPLICABLE LAW - JURISDICTION
Online sales and these Terms and Conditions of Online Sales are subject to French domestic law. In the event of a difficulty arising during an online sale (order, delivery etc.), an amicable solution must first be sought. Any dispute relating to the Website and in particular any dispute arising on the placing of the order or delivery of the online order, will fall within the exclusive jurisdiction of the French Courts.
For the amicable resolution of cross-border disputes, the Client may contact the European Consumer Centre or go to the https://ec.europa.eu/odr.