PREAMBLE

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

email: concierge@Zilli.com

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 and the rest of the world excluding China.

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.

By transmitting the order form, the Client also confirms to know and accept the Website’s Terms of Use and the Privacy Policy. 

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 (for orders within the European Union), 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, 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. 

The client can also use Paypal to fullfill his purchase.

ARTICLE 5: TERMS AND CONDITIONS OF DELIVERY AND RECEIPT OF PRODUCTS  

Products can be delivered worldwide but in China and Russia.

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 must be shipped using a pre-printed adhesive label (paid for by Zilli), sent by email following the return request. The Client must mandate UPS (by visiting their website: www.ups.com), to arrange for the pick-up of the package. 

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). 

For international deliveries, outside of Europe, ZILLI refuses the right to return products requiring a CITES importation license (Convention on International Trade of Endangered Species).

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. 

Non-conformity

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.

Hidden Defects

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’].

After-sales support:

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 found 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 

The Client is invited to consult the Website’s Terms of use by clicking on the CGU link. 

ARTICLE 11: PRIVACY POLICY – DATA PROTECTION 

Attaching great importance to the protection its Clients’ personal data, Zilli has put in place a Privacy Policy that can be accessed by clicking on the Privacy Policy link. Zilli suggests that its Clients read this document carefully because it contains important information on the collection, use and protection of data and the use of cookies.

By using the Website, the Client agrees to Client data being used in accordance with Zilli’s Privacy Policy and warrants that all Client data is accurate.

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 

The Terms and Conditions of Online Sales, the order summary generated by Zilli’s website, Zilli’s e-mail confirming the order, the Website’s conditions of use and the Privacy Policy, comprise the contractual terms that bind the parties, to the exclusion of any other document or photograph relating to the products, which are for information purposes only.

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.

ARTICLE 16: DHL EXPRESS NETWORK TERMS AND CONDITIONS OF CARRIAGE AND CUSTOMS OPERATIONS (“T&C”)

 

These T&C are applied to services provided by Express Carrier DHL Express in respect of delivery of Express Shipments for personal use.

 

1. Terms used herein:

Express Carrier: DHL Express is represented within the Russian Federation by two entities, DHL International AO and DHL Express OOO.  DHL Express as well as third parties work together to deliver Express Shipments internationally and perform customs operations in respect of Express Shipments.

Customs Broker means DHL Express OOO performing customs operations in the name and on behalf of the customs applicant and other interested parties in accordance with the customs laws of the Customs Union.

Express Shipment means goods shipped in express mode by any means of transportation using electronic shipment organisation and tracking system on www.dhl.ru website to deliver those goods to the Consignee pursuant to an individual waybill within the shortest possible and/or fixed period of time.

Shipper means a legal entity, normally an online store, that handed Express Shipments over to the Express Carrier for delivery.

Consignee means an individual consignee of Express Shipment specified in the DHL Express waybill.

 

2. T&C Subject Matter

2.1. These T&C are a public offer and form a consensual type Delivery and Customs Operations Agreement in respect of Express Shipments by and between the Shipper/Consignee, the Express Carrier and the Customs Broker (“Agreement”).

2.2. Consignee of Express Shipments accepts the provisions of this Agreement for themselves and for other directly or indirectly interested parties, including the Shipper, by pressing a button, ticking a box or putting any other sign in the box “I accept terms and conditions of the Public Offer,” as well as/or by any other means of actual confirmation of their consent when ordering goods at the Shipper’s website.

2.3. Under the applicable legislation in Russian Federation Express Carrier and Customs Broker shall have the right to demand from Consignee documents and information necessary for international delivery of Express Shipments and customs operations in respect of Express Shipment, including those containing information comprising commercial, bank and other secrets protected by law, or other confidential information, and obtain such documents and information within the time limits ensuring observance of the requirements specified in the applicable legislation.

Express Carrier and Customs Broker hereby acknowledge and confirm that the obtained information comprising state, commercial, bank and other secrets protected by the law or other confidential information must not be disclosed or used by Express Carrier and Customs Broker and their employees for their own purposes, handed over to other persons, except for the cases envisaged in the applicable legislation in Russian Federation other cases when disclose of the information is required for international delivery of Express Shipments and customs operations in respect of Express Shipment.

 

3. DHL Express Network Terms and Conditions of Carriage.

3.1. The Shipper and the Consignee acknowledge that normal DHL Express Delivery Terms and Conditions apply to carriage of goods via DHL Express network; the key provisions thereof that are essential for the Consignee are listed below:

Deliveries and Undeliverables

Shipments cannot be delivered to PO Boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.

DHL may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a DHL Service Point. Shipper may exclude certain delivery options on request.

If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. DHL shall have the right to destroy any Shipment which any law prevents DHL from returning to Shipper as well as any Shipment of Dangerous Goods.

Inspection

DHL has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.

DHL’s Liability

DHL’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention, as applicable, or in absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 19 Special Drawing Rights per kilogram (approximately $US 26.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply.

For cross border Shipments transported by road, DHL’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 14.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.

If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements.

DHL’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to DHL’s attention.

DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. DHL is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions, which are available on the DHL website at www.dhl.com or from Customer service.

Claims

All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.

Circumstances Beyond DHL’s Control

DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to DHL; any act or omission by a person not employed or contracted by DHL - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.

Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

3.2 Full text of the текст DHL Express Network Terms and Conditions of Carriage is available on www.dhl.ru website.

 

4. Customs Operations Terms & Conditions

4.1. Customs Broker:

4.1.1 may performs customs declaration of Express Shipments;

4.1.2. shall inform the Consignee of the date of the goods arrival to the temporary storage facility (TSF) by fax or email;

4.1.3. shall perform other actions stipulated in the customs laws of the Customs Union and the Russian Federation as necessary to perform the customs operations as a person authorized by the Consignee to act in respect of the declared Express Shipments.

4.2. The Consignee shall provide comprehensive and accurate details and documents to perform declaration of the Express Shipments as stipulated in the customs laws of the Customs Union and the Russian Federation and provide additional documents at the Customs Broker’s request.

All the documents required to declare the goods should be provided within ten (10) calendar days from the moment the goods arrive to the TSF.

4.3.The Consignee would take of formalities related to the frequency of receiving shipments at his own risk and cost

4.4.The Shipper and the Consignee guarantee that they have legal authority or other legal grounds for the Customs Broker to perform legally relevant actions on their behalf and shall be fully liable for providing comprehensive and accurate information in respect of the Express Shipments.

 

5. Liability of the Parties

5.1. The Consignee shall be liable for penal sanctions imposed on the Customs Broker as a result of the latter’s breach of customs regulations due to the Consignee’s failure to provide comprehensive and/or accurate information and documents, including inconsistencies in transported goods to their accompanying documents in terms of their name, quantity, other characteristics affecting due declaration, as well as the Consignee being late in providing those documents and information; and in that case the Consignee shall reimburse the Customs Broker all the amounts of such sanctions against a separate invoice.

5.2. The Customs Broker shall not be liable for lost profits or other consequential and contingent damages of the Consignee even if such damages are foreseeable or have been made known to the Customs Broker or the Customs Broker could or should have known about them.

5.3. The Parties shall be released from liability for full or partial non-performance of their respective obligations hereunder if it became a result of Force Majeure circumstances and those circumstances directly affected performance of this Agreement.

 

6. Service Fees and Payment for Customs Operations:

6.1. Service fees are determined based on the Customs Broker’s rates as of the invoice date, including amounts of customs and other fees paid by the Customs Broker while providing services hereunder.

6.2. The Consignee must pay for the Customs Broker’s services.

6.3. The Customs Broker reserves the right to withhold any goods of the Consignee at the latter’s expense until the Customer Broker’s services provided to the Consignee hereunder are paid in full.

 

7. General Provisions

7.1. Should the T&C and/or Agreement text change, the Parties agree to apply the T&C effective as of the date of consent specified in Clause 2.2.