These General Conditions of Sale are concluded between on the one hand ZENOGATI, SAS with capital of €1,000 registered with the Paris Trade and Companies Register under number 979 714 649, VAT number FR18979714649 having its registered office at 66 AVENUE DES CHAMPS ELYSEES

75008 PARIS (hereinafter "Zenogati"), and on the other hand any person having made a purchase on the site www.zenogati.com, hereinafter referred to as "the Customer". Any purchase on the site www.zenogati.com (hereinafter the "Site") automatically entails acceptance of all of these conditions.

1 - DEFINITIONS

Customer: means any user who purchases a Product through the Site and/or who has a personal account on the Site.
Order: means the process of the Customer selecting the Products they wish to purchase and have delivered. An Order is finalized when the Customer has selected the Products they wish to have delivered as well as the delivery options and when they have paid the amount to be paid. Once finalized, the Order is taken over by Zenogati, which will proceed with the shipment of the Products ordered in accordance with the terms of these General Terms and Conditions.
Contract: means these General Terms and Conditions and any special conditions applicable to certain promotional operations. Therefore, the Customer waives the right to rely on any contradictory document that would conflict with the Contract, and which would therefore be unenforceable against Zenogati.
Personal data: means all personal information relating to the Customer, a natural person, provided by him/her when placing the Order.
Parties: jointly designates Zenogati and the Users of the Site.
Products: means the products available for sale on the Site.
User: means any natural or legal person accessing the Site whether or not they are a Client.

2 - PURPOSE OF THE GTC AND CURRENT VERSION

2.1. The purpose of these General Terms and Conditions is to define the conditions under which Users may access the Site, place Orders and manage the relations between Zenogati and Users, including all rights and obligations arising therefrom.

2.2. They apply in the relations between Users among themselves and between Users and Zenogati. All Users undertake to comply, without restriction or reservation, with these General Terms and Conditions, whether they visit the Site or place an Order. The General Terms and Conditions are notified to Users for acceptance prior to any Order on the Site.

2.3. Zenogati is free to modify these T&Cs at any time and without notice, in particular to take into account any legal, jurisprudential and/or technical developments. Zenogati will inform the User by any means, who must accept the new T&Cs.

In any event, the fact that the User continues to use the Site after being informed of the modification of the T&Cs entails the acceptance of the modifications to the latter by the User.
Successive versions of the T&Cs will be accessible from the Site.

2.4. The version of the T&Cs that prevails is the latest version available on the Site.

2.5. The version applicable to an Order is that in force on the date the latter is placed.
Each new Order requires acceptance of the General Terms and Conditions by the Customer, which the latter acknowledges and accepts.
If Users do not accept the T&Cs or any subsequent modifications, they must refrain from using the Site.

2.6. The User declares to have obtained from Zenogati, prior to his Order, all the information on the Products and the delivery methods. He declares to be solely responsible for the choice of Products as well as their suitability for his needs.

2.7. The User must be a duly represented legal entity or an adult natural person with the legal capacity to place an Order on the Site. Failing this, he/she must have the authorization of his/her legal representative to place an Order, which he/she expressly acknowledges and accepts.

3 - PRICE

All prices presented on the Site are in euros, all taxes included, excluding shipping costs, where applicable. Zenogati reserves the right to modify its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of the order.

4 - PRESENTATION OF ARTICLES

The User is informed that photographs of the Products appear on the Site, which he/she may consult freely.
Zenogati guarantees that these photographs were taken under standard conditions for the sector in question, with the Products themselves.
Zenogati makes its best efforts to ensure that the photographs of the products are as consistent as possible with the products actually delivered to the Customer (in particular the color of the products). However, Zenogati cannot guarantee that the products will be exactly identical to the photographs, in particular due to the technical constraints of making the photographs available on the Site.
Furthermore, Zenogati strives to present and describe its products as accurately as possible. However, subject to providing a faithful presentation of the essential qualities of its products, Zenogati cannot guarantee the exhaustive communication of all the characteristics of each product. The User who wishes to receive additional information about a Product is invited to contact Customer Service at the following address: contact@zenogati.com

The User declares to be fully aware of the provisions of this article, and expressly accepts from now on not to hold Zenogati liable in this regard, subject to the application of mandatory legal provisions (guarantee of conformity in particular).

5 - ORDER

The User can browse the Site without obligation to purchase.
In order to place an Order, the Customer selects the Products of their choice on the Site and adds them to their virtual basket.
The creation of a personal account on the Site is not necessary to place an Order. However, certain personal data of the Customer are required for the proper execution of the Order by Zenogati.
If the Customer wishes, he/she has the possibility of creating a personal account allowing him/her, in particular, to follow the history of his/her Orders on the Site and to find the corresponding confirmations and invoices. Certain personal data of the Customer are required to proceed with the creation of a personal account.
The Customer is required to provide complete, up-to-date and fair information, Zenogati cannot be held liable in this respect. The Customer is informed that some of the information requested is mandatory for the proper execution of the Order he has placed, which he expressly acknowledges.
The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges.
Once the Order is finalized, support is confirmed by Zenogati by sending an email to the Customer at the address indicated when placing the Order.
The Order is validated once payment has been made in full and received by Zenogati.
Zenogati will send the Customer an invoice by email to the address provided when placing the Order. The Customer is advised to save or print his invoice and keep it.
Zenogati undertakes to honor validated Orders, within the limit of available stocks.
In the event of unavailability of one or more Products after placing the Order, the Customer will be notified by email.
The Customer will have the choice of being reimbursed for the amount corresponding to the unavailable Products, or of being delivered when the Products concerned are back in stock (unless permanently withdrawn from the catalog).
In any event, Zenogati cannot be held responsible for any damage suffered by the Client, nor liable for any damages.
Zenogati may modify at any time the assortment of products offered for sale on the Site, without prejudice to Orders placed by the Customer.

6 - DELIVERY

The delivery costs will be specified on the Site, all taxes included, during the Order process and must be accepted by the Customer at the time of validation of the Order.

They will appear on a specific line, separate from that specifying the price of the Products.
It is expressly specified that the amount of delivery costs may vary depending on the territory of delivery of the Products, which the Customer expressly acknowledges and accepts.

Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.

In application of Article L. 216-1 of the Consumer Code, the Parties agree that the Products will be delivered within the time limits specified during the Product Order process and before validation of said Order. The delivery times are also recalled in the Order confirmation email sent to the Customer.
Delivery times include the preparation and dispatch of the Order, as well as the time taken to deliver the Products to the delivery point (Customer's postal address or relay point).

In the absence of an indication on the Site of a delivery time for the Products, Zenogati undertakes to deliver them within a maximum of 30 (thirty) days from the Order validation email sent to the Customer by Zenogati. In this case, the Products concerned are delivered within the time indicated on the Site and recalled at the time of the Order.
However, since Zenogati uses external service providers (carriers, postal services, etc.) to deliver the Products, Zenogati is entirely dependent on these third-party service providers. The delivery times indicated on the Site may therefore be impacted by the service providers without Zenogati being liable for these delivery delays and the consequences that may result from them.

When delivery is made against signature, this constitutes proof of the proper receipt of the package. The transfer of risks and liability relating to the Products takes place upon receipt of the Products by the Customer. From this date, the Customer will be solely and exclusively responsible for them, as well as for their use and any consequences that may arise from them.

Consequently, the Customer undertakes to check, at the time of delivery, that the order delivered is complete, compliant and has not been damaged. Otherwise, the Customer undertakes to refuse to receive the Order and to affix his signature on any supporting document.

Any Order received against signature by the Customer will be considered to be compliant, complete and in perfect condition at the time of delivery.

7 - PAYMENT

The Zenogati website accepts Visa and Master Card bank cards, American Express via the Shopify Payments platform. The payment methods of the Shopify Payments platform are specific to this service provider and are available on the Shopify website: www.shopify.com

Payments made will be secured by a data encryption procedure to prevent interception of this information by a third party. In accordance with current regulations, Members' bank details are not kept by the Seller.

The Seller cannot be held responsible in the event of fraudulent use of the means of payment used.

8 - WITHDRAWAL

In application of articles L.221-5 and following of the Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging, with its cellophane and in perfect condition (any product that is damaged, incomplete, damaged or whose packaging is deteriorated will not be taken back), to request a refund without penalty.

The Customer must therefore place the intact packaging containing the product in suitable packaging on which the return label will be affixed, before sending it by postal services. The Customer must also attach a copy of the invoice or any other element allowing the identification of the Order in question, and its holder.

The return of the Product is carried out at the Customer's own risk. If the package is lost, stolen or damaged during the return of the product, Zenogati reserves the right to refuse to reimburse the returned product(s).

Only the Customer identified as such to Zenogati may exercise this right, to the exclusion of any other person, and in particular the person to whom the delivery is addressed. The return address is: Zenogati, 25 RUE CHATEAUNEUF, 06000 NICE, FRANCE.

9 - PERSONAL DATA

9.1. Personal data is collected by Zenogati when an Order is placed or when a personal account is created by the Customer. The creation of a personal account is not mandatory to place an Order on the Site, the Customer having the possibility to place an Order as a “guest”.
In addition, personal data is collected through cookies. This type of collection is envisaged in Article 9.2 below.

When placing an Order, certain personal data must be provided by the Customer and collected by Zenogati. This includes the Customer's surname, first name, email address, postal address and telephone number. The same personal data is required when creating a personal account.

This personal data is subject to automated processing for the purposes of managing the Order and the Zenogati customer base, as well as commercial prospecting, and for statistical purposes.
They may be transmitted to Zenogati's business partners who contribute to the delivery of the Products and the making of payments, solely for this purpose, which the Customer expressly acknowledges and accepts.
In addition, as part of the online payment services used by Zenogati, these services collect certain personal data belonging to Customers on behalf of Zenogati.

Said data is kept for the period necessary for the purposes for which it is collected and processed, namely for the execution of the Order placed by the Customer, unless:
- a longer retention period is permitted or imposed by a legal or regulatory provision;
- the Customer has exercised, under the conditions set out below, one of the rights granted to him by law.

Furthermore, when the Customer has created a personal account, the personal data communicated for this purpose are kept until the account is deleted, which may be requested from Zenogati under the conditions described below.
Subject to the express acceptance of the Customer by means of check boxes, the Customer's email address may also be used by Zenogati for the purposes of registering and sending a newsletter and/or transmitting promotional offers.
In the event that the Customer no longer wishes to receive newsletters and/or promotional offers, the Customer may change their choice by contacting Zenogati under the conditions set out below or by using the unsubscribe links provided in the messages.

Access to personal data is strictly limited to Zenogati employees, authorized to process them due to their duties. The information collected may possibly be communicated to third parties linked to Zenogati by contract for the performance of subcontracted tasks necessary for the management of the Order, without the Client's authorization being necessary. It is specified that, within the framework of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, Zenogati undertakes not to sell, rent, transfer or give access to third parties to the data without the Client's prior consent, unless required to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defense, etc.).

In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of January 6, 1978, as amended, relating to information technology, files and freedoms and European Regulation No. 2016/679/EU of April 27, 2016, the User has the right to access, rectify, port and erase their data or limit processing. They may also, for legitimate reasons, object to the processing of data concerning them.
He may thus demand that personal data concerning him that are inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted. The User's personal data is also deleted when the User expressly withdraws his consent to the collection and processing of his personal data, subject to Zenogati's legal obligations. The User may also, under the right to the portability of his personal data, recover his personal data for his personal use, or request that they be transferred to a third party, if this is technically feasible. Each User may also object, for legitimate reasons, to the processing of data concerning him, and request the limitation of data processing.
To exercise these rights, the User must send a request to the following postal address:

Zenogati, 66 AVENUE DES CHAMPS ELYSEES, 75008 PARIS, FRANCE or by email to contact@zenogati.com indicating your first and last name.

Zenogati may ask the User to prove his identity, by attaching to his request any necessary document, in particular a copy of his identity card or passport.

Zenogati will implement the means at its disposal to process requests relating to Users' personal data.

In the event of a security breach of the Site or loss of personal data relating to Users, Zenogati will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.
Users also have a right to lodge a complaint, which they can exercise with the national supervisory authority, namely the CNIL.

To obtain more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.

Zenogati may set up cookies on the Site. This is an automatic tracking process that records information relating to navigation on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site.

Cookies installed by Zenogati are deleted from the Client's computer terminal after a period of 13 months.
The User may oppose their implementation and/or delete them by following the procedure indicated on their browser.
In this respect, Zenogati collects the express consent of Users regarding the use of these cookies and uses them in application of legal provisions, including in particular the General Regulation on the Protection of Personal Data.
Zenogati uses these cookies only to establish connection statistics as well as Users' browsing histories.

10 - INTELLECTUAL PROPERTY

Without this list being exhaustive, the brand "Zenogati" as well as its derivatives and variations, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site, are the exclusive property of Zenogati.

The systems, software, structures, infrastructures, databases and content of any nature (texts, images, visuals, music, logos, brands, databases, etc.) relating to the Site are also protected by all intellectual property rights or rights of database producers in force, of which Zenogati is the sole owner or holder of the rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of Zenogati are strictly prohibited and may be subject to legal action.

Any reproduction or representation, in whole or in part, of the Site or its component elements, such as brands, logos, graphic charter, layout, information, presentation and content of the Site, without this list being limiting, is prohibited.

Browsing the Site does not entail any transfer of intellectual property rights to the User. Zenogati grants the User a right to access and consult the Site only, under the terms and conditions set out in these General Terms and Conditions.

11 - LIMITATION OF LIABILITY

13.1 Zenogati declines all responsibility for damages of any nature whatsoever, resulting in particular from the use of the Site or the Order of Products, in particular damage to the reputation and image of the Customer, or loss of data which could occur from the use of the Site.
In the event that Zenogati's liability should be established and retained due to damage suffered by the Customer and exclusively by Zenogati, this is limited to the amount of the Order paid by the Customer to Zenogati.

13.2. The User acknowledges that his/her use of the Site is at his/her own risk. The Site is provided to him/her “as is” and is accessible without any guarantee of availability and regularity.
Zenogati will make its best efforts to make the Site accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of Zenogati and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the network or malicious acts or any damage to Zenogati's hardware or software.

13.3. Zenogati may not be held liable under any circumstances for any interruption of all or part of the Site, regardless of the cause, duration or frequency of this interruption.

13.4. The Site has the necessary technology to date for its access and use, the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the User's computer systems cannot be excluded.
Zenogati does not offer any guarantee, either explicit or implicit, as to the operation of the Site, in particular any technical problem that may arise.
Zenogati reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or contents offered, as well as the right to eliminate, limit, suspend or prohibit access to them, temporarily or permanently.

13.5. Zenogati shall not be held liable for the obligations of these General Terms and Conditions in the event that the failure to perform its obligations is attributable to the actions of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of a force majeure event as defined by the French courts and Article 1218 of the Civil Code, or to any other event that was not reasonably under the exclusive control of Zenogati.
It is agreed that in the event that Zenogati's liability is called into question, regardless of the basis and/or nature of the action, only direct and foreseeable damages are likely to give rise to compensation. Thus, any indirect, consequential and/or incidental damages, such as for example a commercial disruption, loss of customers, etc., will not give rise to compensation for the benefit of the User.
In any event, Zenogati's liability, in the event of damage caused to the Customer, for whatever reason, will be expressly limited and may not under any circumstances exceed the total amount excluding tax of the Customer's Order made under this agreement.

13.6. The Customer undertakes to use the Products in strict compliance with the instructions for use provided by Zenogati. Therefore, Zenogati cannot be held liable in the event of non-compliant use of the Products by the Customer or a third party.

12 - LEGAL GUARANTEE

In accordance with the provisions of the Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 et seq. of the Consumer Code) and the guarantee of hidden defects (articles 1641 et seq. of the Civil Code), allowing Customers to return defective and non-compliant Products free of charge.

14.1. Warranty against hidden defects.
In accordance with Articles 1641 et seq. of the Civil Code, Zenogati is bound by the warranty for hidden defects in the Products sold that render them unfit or significantly affect the use for which they are intended. The Customer may bring an action on the basis of a hidden defect within two years of the discovery of the defect.
Within the framework of the legal guarantee of hidden defects, Zenogati, according to the Client's choice, undertakes, after assessment of the defect, either:
- to reimburse him the full price of the Product concerned;
- to reimburse part of the price of the Product if the Customer decides to keep it.

14.2. Legal guarantee of conformity.
In accordance with Articles L.217-4 et seq. of the Consumer Code, Zenogati is required to deliver Products that comply with each Customer's Order, namely:
- Products corresponding to the description given by Zenogati;
- Products presenting the qualities that the Customer can legitimately expect in view of Zenogati’s declarations.

The Customer may bring an action on the basis of a lack of conformity within two years from delivery of the Products, it being understood that any lack of conformity appearing within two years from delivery is deemed to have existed from the time of delivery.
As part of the legal guarantee of conformity, Zenogati, according to the Customer's choice, undertakes, after assessment of the defect, either:
- to reimburse the price of the Product concerned; - to exchange the Product for a Product that complies with the Order, if possible.

13 - COMPLAINTS & INFORMATION

Any complaints or requests for information relating to these General Terms and Conditions must be sent to Customer Service by email at the following address: contact@zenogati.com

14 - MISCELLANEOUS PROVISIONS

16.1. Partial invalidity
If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.

16.2. Non-waiver
The fact that one of the Parties does not assert against the other Party a breach of any of the obligations referred to in the General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in question.

17.3. Mediation
In the event of a dispute relating to an Order, the Customer must first contact Zenogati, in order to find an amicable solution, by email at contact@zenogati.com.
The mediator may only be contacted after the Client has taken prior written steps with Zenogati.
Furthermore, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and traders in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

16.4. Applicable law and attribution of jurisdiction
These General Terms and Conditions are governed by French law, unless otherwise required.
In the absence of an amicable solution and regardless of the origin of the conflict, disputes relating to the execution or interpretation of these General Terms and Conditions will be submitted to the competent courts of Paris, unless otherwise required. For all useful purposes, it is specified that the time limits for taking legal action are not interrupted during the period during which an amicable solution is sought or mediation is requested.