Updated 23/02/2022
1- Purpose and scope
These General Terms and Conditions of Sale apply to all sales of Zaphir chimes (including Atelier Zaphir Sarl* ensures exclusive production) and prevails over any other condition of purchase or provision of services. They are accepted by the buyer upon delivery of the products.
Any other offer does not bind Atelier Zaphir Sarl* unless it is committed by a bill signed by the director of the company.
The fact that Atelier Zaphir Sarl* does not avail itself, at a given time, of any condition of these general conditions of sale, cannot be interpreted as a waiver to avail oneself subsequently of any of the said conditions.
2- Products
The products offered are those that appear on the website www.zaphir.fr of the company Atelier Zaphir Sarl* in the limit of available stocks. Atelier Zaphir Sarl* reserves the right to modify at any time the product assortment. Each product is presented on the website in the form of a description taking up its main technical characteristics. The photographs are as faithful as possible but do not bind the Seller in any way. The sale of the products presented in the www.zaphir.fr site is intended to all buyers residing in countries that fully allow the entry into their territory of these products.
3- Price
The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable to the day of order), unless otherwise stated and excluding processing and shipping costs. In case of order to a country other than metropolitan France you are the importer of the products concerned. Customs duties or other local taxes or import duties or state taxes are likely to be due. These rights and sums do not fall under the jurisdiction of the company Atelier Zaphir Sarl*. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities. All orders regardless of their origin are payable in euros. The company Atelier Zaphir Sarl* reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the rate in force at the time of validation of the order and subject to availability.
The products remain the property of the company Atelier Zaphir Sarl* until full payment of the price. Attention: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
4 - Terms of payment
Unless otherwise agreed, prices are payable to Atelier Zaphir Sarl*, in full and in cash, by bank transfer (Banking IBAN), PayPal, Credit Card.
The confirmation of an order implies acceptance of these conditions of sale, the acknowledgment of full knowledge of it and the waiver of its own terms of purchase.
No discount will be applied for advance payment.
5- Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen days from the delivery of their order to exercise its right of withdrawal and thus make return of the product to the seller for exchange or refund without penalty, with the exception of the shipping costs.
6- Debt collection by litigation
In accordance with Article 441-6 of the French Commercial Code, late payment penalties are due, in addition to the flat-rate indemnity of 40 euros for recovery costs, in the absence of payment, on the day following the due date that appears on the invoice. The interest rate for these penalties is three times the legal interest rate.
7- Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed upon geographical area. Orders are delivered by UPS, with tracking, without signature. Delivery times are given for information purposes only. The company Atelier Zaphir Sarl* will be able to provide by e-mail to the buyer the tracking number of his package.
The buyer is obliged to check in the presence of the delivery agent, the condition of the packaging, the goods and its content on delivery. In case of damage during transport, any protest must be made with the carrier within three days of delivery.
8- Warranty and claims
The warranty covers any defect in material or workmanship over a period of one year from the date of purchase. It is limited to the repair, replacement or refund of the goods, according to the choice exclusive to Atelier Zaphir Sarl*. Excluded are damages resulting from improper use of the product or use of the product under adverse weather conditions.
The Zaphir chime is not a children's toy, such use is considered non-compliant.
Any claim must send by email to Atelier Zaphir Sarl* within a maximum of eight days after receipt of the goods by the customer. A claim does not exempt the buyer from paying his invoice.
The return of goods, which cannot take place without prior written agreement of Atelier Zaphir Sarl, must be carried out at the costumer’s expense and with acknowledgment of receipt. Atelier Zaphir Sarl excludes any indirect damage in particular in the event of operating loss, loss of profit, damage…
9- Extreme cases
In case of extreme cases or exceptional event (natural disaster, fire, flood, greves, temporary or definitive termination of a primary material, etc....), these would have the effect of suspending the deliveries or to bring Atelier Zaphir Sarl to terminate the affected orders for a period of three months, on simple notice and without paying compensation.
10- Termination
In the event of non-compliance by the buyer with his obligations under any of the orders, Atelier Zaphir Sarl may suspend or terminate orders in progress, without prior notice or indemnities, and/or instantly claim the sums due even if they are the subject of drafts in traffic.
11- Protection of personal data
As part of the obligations related to the Data Protection Act, the use of personal data is strictly limited to use in the context of the current purchase. The policy of protection of data, including the procedures for exercising the right of access, comply with the legislation in force in the framework of the CNIL.
12 - Attribution of competence
For any dispute relating to the sales made by Atelier Zaphir Sarl and to the application or the interpretation of these General Terms and Conditions of Sale, only the court of Foix will be competent. Right applicable: French law including for sales abroad.
13 - General provisions
If any of the clauses of these GTC prove to be deemed null or irregular, it cannot call into question the validity of all the GTC. In such a case, the parties undertake to replace said clause with another valid clause, which is as close as possible in intent, to that declared null or irregular. The language of the contract and the GTC is French and prevails on the English translation given for information purposes only. The conditions of sale are available on simple request. They may be subject to change at any moment without previous notice.