Article 1 • Purpose and acceptance of the General Terms and Conditions of Sale (GTCS)

The company SAMAYA (hereinafter "SAMAYA") designs and markets ultra-light technical tents and accessories (hereinafter the "Products") under the SAMAYA brand.

These general terms and conditions govern the sales of Products made by SAMAYA on the website www.samaya-equipment.com (hereinafter the "Site") to any adult natural person purchasing the Products for non-professional use (hereinafter the "Customer"). SAMAYA reserves the right to update this list without prior notice and without delay. Furthermore, without requiring an update of this list, the current health crisis context linked to Covid-19 could temporarily change this list due to governmental obligations that may make the delivery of Products provisionally impossible or unreasonable.

When the Customer clicks on the "Pay now" icon to confirm their order for the Product(s) they have selected, they acknowledge having read these general terms and conditions of sale and accept them without reservation.

The Customer is therefore invited to read the following clauses carefully.

The Customer cannot purchase any of the Products presented on the Site without having first accepted these General Terms and Conditions of Sale.

The consultation of the Site by the Customer is also subject to the General Terms of Use available on the Site, which the Customer declares having read and accepted without reservation.

SAMAYA reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site.

The General Terms and Conditions of Sale applicable are those in force on the Site on the date the order is placed by the Customer.

For the purposes hereof, it is agreed that the Customer and SAMAYA are collectively referred to as the "Parties" and individually as the "Party".

Article 2 • Products

• 2.1 Essential characteristics of the products and presentation

SAMAYA informs the Customer of the essential characteristics of the Products offered for sale, relating, in particular, to:

- the model,
- the Product references,
- the price,
- the features,
- the availability of the product,

The representation of the Products on the Site is not contractual. As computer or smartphone screens can alter or change colors differently as well as the appearance of materials, SAMAYA is not responsible for the accuracy of the colors of the Products or the appearance of the materials displayed on the Site.

• 2.2 Availability of Products

SAMAYA undertakes to honor online orders within the limits of available stocks.

The available Products are those appearing on the Site on the day of its consultation by the Customer, unless stated otherwise.

SAMAYA reserves the right to cease marketing a Product at any time, without this calling into question orders already placed for said Product.

In the event of unavailability, SAMAYA undertakes to inform the Customer as soon as possible by email.

The Customer may then cancel their order.

In the event of cancellation, the Customer will be refunded within a maximum period of fourteen (14) days from the receipt of their refund request if the payment has already been made.

Article 4 • Customer account

Orders are placed online, directly on the Site.

When placing an order for the first time, the Customer has the option to create a customer account: an email and a password must then be entered by the Customer.

In case of loss of their password, the Customer enters their email address in the corresponding field and the system will automatically resend it to their email address.

The information provided by the Customer when creating the customer account is binding. In the event of an error, particularly in the wording of the recipient's details, SAMAYA cannot be held responsible for any inability to deliver the Products.

Article 5 • Placing an order

The Customer places their order from the Products presented on the Site and chooses the number of Products. Any order constitutes acceptance of the price corresponding to the Product(s) ordered as well as their characteristics described in the Product sheet.

They also indicate the delivery address and choose the delivery method as well as the means of payment.

Once their order is pre-established, the Customer has the opportunity to check the Product(s) ordered, the quantity, the characteristics and the total price of their order in a summary. They can, if they wish, modify or cancel their order.

They validate their order by clicking on the "validate order" button, thereby declaring their acceptance of it as well as the entirety of these General Terms and Conditions of Sale, without reservation. A sales contract is then concluded between the Parties, subject to these terms.

Finally, the Customer proceeds to payment. They have the option to print their order form.

Upon registration of their order and no later than the time of Product delivery, an acknowledgement of receipt will be sent to the email address provided.

This acknowledgement of receipt specifies:

- the order number,
- the essential characteristics of the Product,
- the quantity of Products,
- the amount invoiced, including transport costs,
- payment confirmation,
- the terms and delivery address of the order,
- SAMAYA's contact details,
- information regarding after-sales service and commercial warranties, if applicable,
- a reminder of the legal warranties of conformity and hidden defects;
- information regarding the conditions and procedures for exercising the right of withdrawal by the Customer.

This acknowledgement of receipt validates the transaction. The Customer accepts that the computerized order recording systems serve as proof of the purchase and its date.


SAMAYA reserves the right to refuse or cancel any order from a Customer in the event of:
- a dispute relating to the non-payment of a previous order existing with the Customer;
- suspicion of credit card fraud, without this committing SAMAYA to any prior verification;
- orders that are abnormal in terms of the quantities ordered.

Article 6 • Payment and retention of title

Full payment is made directly on the Site, at the time of ordering, in euros.

At no time may the sums paid be considered as deposits or down payments.

Payment is made by credit card, Paypal, Apple Pay or bank transfer.

Credit card payments are made via the secure Shopify Payments, Alma, Mollie, PayPal or Apple Pay system, such that the information transmitted is encrypted by software and no third party can access it during transport on the network.

The transaction is immediately debited from the Customer's credit card after verification of its data, upon receipt of the debit authorization from the issuing company of the credit card used by the Customer.

In accordance with Article L.132-2 of the Monetary and Financial Code, the payment commitment given by means of a payment card is irrevocable. By providing the information relating to their credit card, the Customer authorizes SAMAYA to debit their credit card for the amount corresponding to the price of the Products plus delivery costs, all taxes included.

To this end, the Customer confirms that they are the holder of the credit card to be debited, that the name on the credit card is indeed theirs, and that they have the necessary authorizations to proceed with the payment if applicable. The Customer provides the sixteen digits and the expiration date of their bank card as well as, where applicable, the numbers of the visual cryptogram.

In the event of fraudulent use of their credit card on the Site, the Customer is invited to contact SAMAYA (at the following number: +33 4 83 43 08 30, Monday to Friday from 9 a.m. to 5 p.m.) by email at the following address: contact@samaya-equipment.com

In the event that the debit of the sums owed by the Customer proves impossible, the online sale would be immediately terminated as of right and the order would be cancelled.

A detailed invoice is sent by email to the Customer for each order. The invoice also remains available in the customer account.

The Products remain the property of SAMAYA until full payment of all sums due by the Customer under the Order, including costs and taxes.

Article 7 • Payment security

Transactions carried out on the Site are secured via the secure Shopify Payments, Alma, Mollie, Paypal or Apple Pay system.

The Customer's data cannot be detected, intercepted or used by third parties. At no time does the Customer's financial data pass through SAMAYA's computer system. These payment systems verify that the connection with the Customer's browser is secure before sending the payment form to the banking institution that carries out the financial transaction.

As 3D Secure is a technical service provider, it does not handle disputes related to orders, which are processed directly by SAMAYA as specified above or, where applicable, by the Customer's bank.

Article 8 • Delivery

The Products are delivered to the delivery address indicated by the Customer during the ordering process. It is the Customer's responsibility to verify the completeness and compliance of the information they provide to SAMAYA, with the latter not being, in any case, responsible for any input errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the reshipment of the Products will be entirely borne by the Customer.

SAMAYA will deliver orders accompanied by an invoice within a maximum period of fourteen (14) business days for delivery to Metropolitan France, and thirty (30) business days for delivery to any other destination.

It is specified that the delivery times indicated are in business days, excluding Saturdays, Sundays and public holidays, and correspond to the usual average times including the time for processing, preparation and routing of the order. They run from the date of confirmation of the order by SAMAYA.

In the event that the delivery date is exceeded, the Customer has the option to obtain the termination of the sales contract by sending a registered letter with acknowledgement of receipt to the following address: SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY, if, after having enjoined SAMAYA to make the delivery within a reasonable additional period, the latter has not performed its obligation within this period.

The contract is, where applicable, considered terminated upon receipt of the letter by SAMAYA, unless it has made the delivery in the meantime.

In the event of termination, the Customer will be refunded, by any means of payment, all sums paid, as soon as possible and at the latest within fourteen (14) days following the date of receipt of the letter by SAMAYA.

SAMAYA cannot be held responsible for the non-performance of the contract, particularly in the event of failure to deliver, due to the Customer (incorrect entry of the delivery address), an unforeseeable and irresistible act of a third party to the contract, or a case of force majeure.

The amount of delivery costs depends on the geographical delivery zone and the weight of the order. In any case, the amount of delivery costs is indicated to the Customer before the validation of the order.

SAMAYA reserves the choice of the delivery method and the carrier, depending on the nature and weight of the Products ordered in particular.

Article 9 • Receipt of order and product conformity

Upon receipt of the Products, the Customer is required to verify the condition of the packaging and the integrity of the Products delivered, and to issue, if necessary, any reservations and claims on the carrier's delivery note and inform SAMAYA by sending them a copy of the reservations made to the carrier by post or email within 14 business days following the date of delivery of the Products to the following address:
SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY or contact@samaya-equipment.com.

The Customer must also formulate to SAMAYA, within 14 business days of delivery, any claim for delivery error and/or missing items. Any claim formulated beyond this period will be rejected without possibility of recourse.

The Customer is also required to verify the conformity of the Products received in execution of their order at the time of delivery. Any non-conformity or defect must be notified to SAMAYA within the legal deadlines.

In this respect, it is recalled that SAMAYA is responsible for defects of conformity of the Product under the conditions of Article L.217-12 and following of the Consumer Code and hidden defects of the thing sold under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.


When acting under the legal warranty of conformity, the Customer:

- benefits from a period of two years from the delivery of the goods to act;

- can choose between the repair or replacement of the goods, subject to the cost conditions provided for by Article L. 211-9 of the Consumer Code;

- is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.

The legal warranty of conformity applies independently of any commercial warranty that may be granted.

The Customer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, in which case they may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Texts in force:

Article L217-4 of the Consumer Code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was charged to it by the contract or carried out under its responsibility.

Article L217-5 of the Consumer Code
Goods are in conformity with the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- if they present the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if they present the characteristics defined by mutual agreement by the parties or are fit for any special purpose sought by the buyer, made known to the seller and accepted by the latter.

Article L217-6 of the Consumer Code
The seller is not bound by the public statements of the producer or their representative if it is established that they were not aware of them and could not legitimately have been aware of them.

Article L217-12 of the Consumer Code
Legal action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.

Article 1641 of the Civil Code
The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.

Article 1648, first paragraph of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.


In the event of a return for non-conformity or hidden defect, the Customer must make a request to the SAMAYA customer service department by email to the following address: contact@samaya-equipment.com, providing a detailed statement of the defect or non-conformity noted.

SAMAYA will examine the Customer’s request and, at the Customer’s choice, will proceed with the exchange or reimbursement of the Product(s), shipping costs, and return costs, if the request proves to be well-founded.

No return for non-conformity or hidden defect will be accepted without prior validation by SAMAYA.



In any event, the warranty is excluded in the event of failure by the Customer to comply with the "Product Use and Maintenance Instructions" or for any abnormal use of the Products, or for purposes other than those for which they were designed.

Article 10 • Right of withdrawal

In accordance with the provisions of the Consumer Code, the Customer has a period of fourteen (14) clear days from the receipt of the Products to exercise their right of withdrawal, without having to provide reasons or pay penalties, with the exception of return costs, by completing the standard withdrawal form available on the Site or by sending an email to the following address: contact@samaya-equipment.com. The Customer will then receive, without delay, an acknowledgment of receipt of their withdrawal by email.

Within fourteen (14) days following the transmission of the withdrawal form or email to SAMAYA, the Customer must return the Products to the following address:

SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY.

It is the Customer's responsibility to keep the proof of postage for the parcel provided by La Poste, the La Poste stamp being proof of the date of return of the Product. As the return is at the Customer's expense, in the event of loss of the parcel, no refund can be made.

SAMAYA undertakes to reimburse the Customer, using the same payment method as that used by the Customer for the initial transaction, the price of the Product as well as the standard delivery costs, without undue delay and no later than fourteen (14) days following the date of recovery of the Products.

The costs of return and the risks are borne by the customer.

The right of withdrawal can only be exercised for Products returned complete, in perfect condition, clean, and in their original packaging. Products returned incomplete, damaged, soiled, or unfit for commercialization, for any reason whatsoever, will not be taken back, exchanged, or reimbursed. Customized items cannot be returned.


The Customer is liable for any depreciation of the Product resulting from handling other than that necessary to establish its nature, characteristics, and proper functioning.

Article 11 • Liability

SAMAYA cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. It is therefore the Customer’s responsibility to check with local authorities regarding the possibilities of importing or using the Products.

SAMAYA cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a service interruption, an inability to access the Site, an outside intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with French case law.

The Customer is solely responsible for damage caused to the Customer or a third party resulting from improper use of the Products, and SAMAYA’s liability may under no circumstances be sought in this respect.

Article 12 • Customer service

For any information, question, or complaint, SAMAYA’s customer service is at the Customer’s disposal:
- by email: contact@samaya-equipment.com;
- by post: SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY;
- by phone at +33 4 83 43 08 30 from Monday to Friday from 9 am to 5 pm

Article 13 • Personal data

Typology of data collected:

The personal data collected and subsequently processed by SAMAYA are those that INTERNET USERS voluntarily transmit via the SITE to SAMAYA. This may include, in particular, the following information: surname, first name, telephone number, email address, company, job title, address, city, postal code, state/province, country.

Purposes of personal data collection:

The data identified as mandatory within the form are necessary for order management, payment authentication, and Product delivery.

Transmission of data to third parties:

They may be transmitted to companies that contribute to the execution of services and orders, their management, execution, payment processing, and delivery.

SAMAYA undertakes not to transmit its data to third parties other than those referred to above.

Data retention period:

This data is stored and kept for the time strictly necessary to achieve the purposes referred to above.

At the very least, the data is kept for a maximum period of THREE (3) years from the end of the commercial relationship.

Right of access and rectification:
The Customer is informed that, in accordance with the French and European regulations in force, they have the following rights, subject to proving their identity:
- The right to object, for legitimate reasons, to the processing of their personal data other than those announced herein to which they have consented;
- The right to object, without charge, to the collected data being subject to current or future commercial processing by the data controller;
- The right to be informed about the processing of their personal data;
- The right to obtain information relating to the processing of personal data managed by SAMAYA and any information allowing them to know and, if necessary, challenge the logic underlying the processing of said data;
- The right to obtain a copy of their personal data, as well as a right to rectification, portability, updating, or deletion of all or part of said data;
- The Customer may exercise their rights by contacting SAMAYA, indicating their surname, first name, and email address, by email to the following address: contact@samaya-equipment.com or by post to: SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY.


Password confidentiality:

The Customer accepts and acknowledges that they are responsible for maintaining the confidentiality of the passwords associated with any account used to place orders on the Site. Consequently, the Customer accepts that they are the sole and exclusive party responsible to the company SAMAYA for any act performed from their account.

If the Customer becomes aware of unauthorized use of their password or account, they agree to inform SAMAYA without delay at the following address: contact@samaya-equipment.com or by post to: SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY.

Receipt of commercial offers:

Depending on the choices made during the creation or consultation of the account, the Customer may receive offers from the company SAMAYA and/or partners, as indicated during account creation. If the Customer changes their mind and no longer wishes to receive commercial offers, they may make a request to do so at any time by sending an email to the following address: contact@samaya-equipment.com or by post to: SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY.

The Customer is informed that if they do not wish to be subject to commercial prospecting by telephone, they can register for free on a list of opposition to cold calling, for example: www.bloctel.gouv.fr.

Article 14 • Force majeure

SAMAYA cannot be held liable for any delay or contractual failure resulting from a case of force majeure, namely an event external to the parties, irresistible and unforeseeable.

The execution of the obligations incumbent upon SAMAYA will be suspended by the occurrence of an event constituting force majeure within the meaning of the case law of French courts. In this case, SAMAYA will inform the Customer as soon as possible of the duration of the force majeure event and its foreseeable consequences.

Article 15 • Non-waiver

The fact that SAMAYA does not at any given time avail itself of any of the clauses of these general terms and conditions cannot be considered as a waiver of the right to avail itself of these same clauses later.

Article 16 • Amendment

SAMAYA reserves the right to modify the provisions of these general terms and conditions of sale at any time, with the Customer being bound by these modifications.

Orders will thus be governed by the version of the general terms and conditions of sale in force on the day of their validation by the Customer.

Article 17 • Severability

In the event that one (or more) provision(s) of these general terms and conditions of sale is (are) held to be invalid, the validity of the other stipulations cannot be called into question unless they were inseparable from the invalidated provision.

Article 18 • Entirety of the agreement of the Parties

These General Terms and Conditions of Sale, the General Terms and Conditions of Use of the Site, and the order summary transmitted to the Customer form a contractual whole and constitute the entire agreement reached between the Parties.

Any reading and interpretation of the agreement must be done in light of this contractual whole and according to the overall consistency of said whole. The said components of this whole cannot be interpreted in isolation.

Article 19 • Applicable law - Disputes

The sales contract concluded between SAMAYA and the Customer is subject to French law, the application of any international convention being excluded.

The language of this contract is French and it is governed by French law.

In the event of a dispute, the Customer is informed that they may resort to a consumer mediator, after the failure of an attempt at an amicable settlement directly with SAMAYA, in accordance with the provisions of the Consumer Code.

To this end, the Customer is informed that SAMAYA has designated the following mediator:

CM2C, whose contact details are as follows: 14 rue Saint Jean, 75 017 Paris, and whose website is: www.cm2c.net

The Customer will find information on this subject and the list of mediators on the following website: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur

Furthermore, the Customer has the option of using the European Online Dispute Resolution (ODR) platform available by following the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

In the absence of mediation, jurisdiction lies with the French courts, the competent court being designated according to the rules of procedure in force in France at the time of the dispute.