Terms of sale
TERMS OF USE
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OVERVIEW
This website is operated by COCHINARD Mathieu, registered with the Brest Trade and Companies Register under number 841 251 895. SIRET: 841 251 895 00014. Intra-Community VAT Number: FR94841251895. Contact number: 07 56 89 18 02. Contact email address: info@zolena.fr. Whose registered office is located at 30 Rue du Printemps, 29470 Plougastel-Daoulas. Throughout the site, we use the terms “we,” “us,” and “our” to refer to COCHINARD Mathieu. This website, including all information, tools, and services available through it, is provided by COCHINARD Mathieu to you, the user, on the condition that you accept all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from our company, you participate in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions,” “Terms of Use”), including the terms, conditions, and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, suppliers, customers, merchants, and/or content providers.
Please read these Terms of Use carefully before accessing and using our website. By accessing any part of the Site or using it, you agree to be bound by these Terms of Use. If you do not accept all of the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are deemed an offer, acceptance is expressly limited to these Terms.
Each new tool or feature added to this store is also subject to the Terms of Use. You may review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting such updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued access to or use of the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. This company provides us with the e-commerce platform that enables us to sell our products and services to you.
SECTION 1 – TERMS OF USE OF THE ONLINE STORE
By accepting these Terms of Use, you represent that you have reached or exceeded the age of majority in your region, province, or state and have given us permission to allow any minor in your care to use this site.
You must not, in any way, use our products for illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction when using the Service (including, without limitation, copyright laws).
You must not transmit computer worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in the immediate termination of your Services.
SECTION 2 – GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone at any time and for any reason.
You understand that your content (except for credit card information) may be transmitted without encryption and that this includes (a) transmissions over multiple networks; and (b) changes made for the purpose of conforming and adapting to the technical requirements of connecting networks or devices. Your credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, any use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without our express written authorization.
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We cannot be held liable if the information provided on this site is inaccurate, incomplete, or outdated. The content of this site is provided for general informational purposes only and should not be regarded or used as the sole basis for making decisions without consulting more important, more accurate, more complete, or more current sources of information. If you rely on the content of this site, you do so at your own risk.
This site may contain certain historical data. By definition, historical data are not current and are provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any of the information it contains. You acknowledge that it is your responsibility to monitor changes to our site.
SECTION 4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time and without notice.
We shall not be liable to you or to any third party for any change in price, or for any modification, suspension, or discontinuation of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. Quantities of these products or services may be limited, and their return or exchange is strictly subject to our Return Policy.
We have made every effort to present, as accurately as possible, the colors and images of the products displayed in the store. However, we cannot guarantee the accuracy of color display on your computer screen.
We reserve the right, without being obligated to do so, to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services that we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of a product at any time. Any offer for any product or service on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other materials you purchase or obtain will meet your expectations, nor that any errors in the Service will be corrected.
ARTICLE 5 BIS – STATUTORY WARRANTIES
All products sold on the zolena.fr website are covered by the legal guarantee of conformity set out in Articles L.217-3 to L.217-17 of the French Consumer Code and by the guarantee against latent defects set out in Articles 1641 to 1649 of the French Civil Code.
Legal guarantee of conformity
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The consumer has a period of two (2) years from the delivery of the goods to bring an action.
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He may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L.217-12 of the Consumer Code.
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They are relieved of the obligation to prove the existence of the lack of conformity during the twenty-four (24) months following delivery of the goods.
Warranty against latent defects
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The consumer may decide to invoke the warranty against latent defects within the meaning of Article 1641 of the Civil Code.
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In this case, he may choose between rescission of the sale or a reduction in the sale price (Article 1644 of the Civil Code).
These statutory warranties apply independently of any commercial warranty that may be provided.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting you using the e-mail address and/or the billing address or telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to have been placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and any other information, including your email address, your credit card numbers, and their expiration dates, so that we may finalize your transactions and contact you as needed.
For more information, please refer to our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control, or manage.
You acknowledge and agree that we provide you with access to these tools on an "as is" and "as available" basis, without any warranty, representation, or condition of any kind and without any endorsement. We shall not be liable for anything that may result from or be related to your use of optional third-party tools.
Any use by you of the optional tools offered via the site is entirely at your discretion and at your own risk. In addition, it is your responsibility to ascertain the terms under which these tools are provided by the relevant third-party provider(s) and to accept those terms.
We may also, in the future, offer new services and/or new features through the website (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products, and services accessible through our Service may include elements originating from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not obligated to examine or evaluate their content or accuracy, and we do not warrant and assume no responsibility for any third-party content or websites, or for any other content, products, or services from third-party sources.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions associated with these third-party websites. Please carefully review the policies and practices of these third parties and ensure that you fully understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products must be directed to those same third parties.
ARTICLE 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without any request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate, and use in any medium all comments that you submit to us. We are not and shall under no circumstances be obligated (1) to maintain the confidentiality of comments; (2) to compensate anyone for any comments provided; or (3) to respond to comments.
7. We may, but are not obligated to, remove content and Accounts containing content that we, in our sole discretion, deem illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates a party’s intellectual property or these Terms of Use.
You agree that your comments shall in no way infringe the rights of any third party, including copyright, trademarks, privacy, personality, or any other personal or intellectual property rights. You further agree that your comments shall not contain any unlawful, abusive, or obscene material, nor any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us or third parties as to the origin of any comments. You are solely responsible for all comments you make and for their accuracy. We disclaim all liability for comments posted by you or any third party.
ARTICLE 10 – PERSONAL INFORMATION
The transmission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on our site or within the Service may contain typographical errors, inaccuracies, or omissions relating to descriptions, prices, promotions, offers, shipping charges, transit times, and product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have placed your order).
We are under no obligation to update, modify, or clarify the information stated in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specific update or refresh date applied to the Service or any related website should be taken to indicate that all information provided in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the other prohibitions set out in the Terms of Use, you are prohibited from using the site or its content:
(a) for illegal purposes ; (b) to encourage third parties to carry out illegal acts or to take part in them ; (c) to violate any local ordinance or any international, federal, provincial, or state regulation, rule, or law ; (d) to infringe or violate our intellectual property rights or those of third parties ; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability ; (f) to submit false or misleading information ;
(g) to upload or transmit viruses or any other type of malicious code that will or could be used to compromise the functionality or operation of the Service or any related website, as well as other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape the web; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant, certify, or represent in any way that your use of our Service will be uninterrupted, secure, timely, or error-free.
We do not warrant that the results that may be obtained from using the Service will be accurate or reliable.
You agree that, from time to time, we may suspend the Service for indefinite periods or terminate it at any time, without notice.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service, as well as all products and services provided to you through it, are (except where expressly stated by us) provided "as is" and "as available" for your use, without representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
COCHINARD Mathieu, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to lost profits, revenue, savings, or data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or of any services or products that make use of it, or for any other claim in any way related to your use of the Service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless COCHINARD Mathieu and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents to which they refer, or your violation of any laws or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms of Use is deemed illegal, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Use, without such judgment affecting the validity and enforceability of the remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall remain in force after the termination of this agreement, for all purposes.
These Terms of Use will remain in effect unless and until terminated by you or by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we judge or suspect, in our sole discretion, that you are not complying with or have not complied with any term or provision of these Terms of Use, we may also terminate this agreement at any time and without notice. You will then remain responsible for all amounts owed up to and including the date of termination, as a result of which we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.
These Terms of Use, and any other policy or operating rule that we post on this site or that pertains to the Service, constitute the entire understanding and agreement between you and us and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.
ARTICLE 18 – CONSUMER MEDIATION
In accordance with the provisions of the Consumer Code concerning “the consumer dispute mediation process,” after contacting us and, in the absence of a response that satisfies you, you may make use, free of charge, of a consumer mediation procedure with:
CM2C
49 rue de Ponthieu
75008 PARIS
Tel: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net
ARTICLE 19 – OPPOSITION TO TELEPHONE SOLICITATION
In accordance with Article L. 223-2 of the Consumer Code, any consumer may register free of charge on the BLOCTEL do-not-call list.
This registration can be accessed via the website: www.bloctel.gouv.fr.
ARTICLE 20 – RIGHT OF WITHDRAWAL AND MODEL FORM
Pursuant to the legal provisions in force (Articles L. 221-18 et seq. of the Consumer Code), you have a period of thirty (30) days from receipt of your order to exercise your right of withdrawal, without having to state reasons for your decision and without incurring any costs other than those provided for by law.
To exercise this right, you may use the model form set out below or any other unequivocal statement indicating your intention to withdraw.
You can also download this form as a PDF here: [Link to the PDF form]
ARTICLE 21 – APPLICABLE LAW
These Terms of Use, as well as any separate agreement under which we provide you the Services, are governed by and construed in accordance with the laws of 30 Rue du Printemps, Plougastel-Daoulas, 29470, Finistère, Brittany, France.
ARTICLE 22 – CHANGES MADE TO THE TERMS OF USE
You may review the most recent version of the Terms of Use at any time on this page.
We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms of Use by posting such updates and/or changes on our website. It is your responsibility to check our website from time to time to see whether any changes have been made. By continuing to access or use our website and the Service after changes to these Terms of Use have been posted, you agree to them.
ARTICLE 23 – CONTACT DETAILS
Questions regarding the Terms of Use must be sent to us at info@zolena.fr.