GENERAL TERMS AND CONDITIONS OF ONLINE SALES
on the website www.samaya-equipment.com
Article 1 • Purpose and Acceptance of the T&Cs
The company SAMAYA (hereinafter “SAMAYA”) designs and markets, under the brand name SAMAYA, ultra-lightweight technical tents and accessories (hereinafter the “Products”).
These general terms and conditions govern the sales of Products effected by SAMAYA on the website www.samaya-equipment.com (hereinafter the “Site”) to any person over the age of majority acquiring the Products for a use other than for his or her professional activity, for delivery in Austria, Belgium, Denmark, France, Germany, Italy, Ireland, Liechtenstein, Luxembourg, Monaco, Netherlands, Poland, Portugal, Spain, Switzerland, United Kingdom (hereinafter the “Customer”).
When the Customer clicks on the icon “order with obligation to pay” and ticks the box “I have read the general terms and conditions of sale and I adhere to them without reserve” in order to confirm his or her order for the Product(s) he or she has selected, he or she acknowledges that he or she is aware of the present general terms and conditions of sale and accepts them without reserve.
The Customer is therefore invited to pay careful attention to the following clauses.
The Customer may not purchase any of the Products presented on the Site without first having accepted the present General Terms and Conditions of Sale.
The consultation of the Site by the Customer is also subject to the General Terms and Conditions of Use, available on the Site, which the Customer declares to have read and accepted without reservation.
SAMAYA reserves the right to modify at any time these General Terms and Conditions of Sale by publishing an updated version on the Site.
The applicable General Terms and Conditions of Sale are those in force on the Site on the date the Customer places his or her order.
For the application of the present General Terms and Conditions, it is agreed that the Customer and SAMAYA are collectively referred to as the “Parties” and individually referred to as the “Party”.
Article 2 • Products
- 2.1 Essential product characteristics 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 characteristics,
- the availability of the product,
Any representation of the Products on the Site is non-contractual. Given that computer screens or smartphone screens can alter or otherwise change the colours as well as the aspect of the materials, SAMAYA is not responsible for the accuracy of the colours of the Products nor for the aspect of the materials appearing online on the Site.
- 2.2 Availability of Products
SAMAYA undertakes to honour online orders within the limit of available stocks.
The available Products are those appearing on the Site on the day of its consultation by the Customer, unless there is mention made to the contrary.
At any time, SAMAYA reserves the right to stop the marketing of a Product, without threatening any orders already placed for the said Product.
In the absence of availability, SAMAYA undertakes to inform the Customer as soon as possible by e-mail.
The Customer will then have the right to cancel his or her order.
In the event of cancellation, the Customer will be refunded within a maximum delay of fourteen (14) days as from the reception of his request for refund if the payment has already been effected.
Article 3 • Prices and delivery charges
The prices are indicated in euros, inclusive of value added tax, excluding transport costs and excluding customs duties or other duties and/or taxes related to the importation of the Products into the Customer’s country, if applicable, for which the Customer will be responsible.
It is specified that the value added tax is French VAT at the standard rate in force on the day the order is validated.
If the rate of VAT is modified, this modification may be passed on to the price of the Products.
SAMAYA reserves the right to modify the prices indicated on the Site at any time and without notice. The Products will be invoiced on the basis of the prices in force at the time of the validation of the order by the Customer.
The fees for processing, packing and delivery within Austria, Belgium, Denmark, France, Germany, Italy, Ireland, Liechtenstein, Luxembourg, Monaco, Netherlands, Poland, Portugal, Spain, Switzerland, United Kingdom are free of charge.
Article 4 • Customer account
Orders are made online, directly on the Site.
For the first order, the Customer has the option to create a customer account: an e-mail and a password must then be entered by the Customer.
If the Customer loses his password, the Customer enters his e-mail address in the corresponding field and the system automatically sends it back to his e-mail address.
The information communicated by the Customer during the creation of the customer account is binding on the Customer. In the event of an error, notably in the wording of the recipient’s contact details, SAMAYA cannot be held responsible in the event of it being impossible to deliver the Products.
Article 5 • Placing an order
The Customer places his or her order from the Products presented on the Site and chooses the number of Products. Any order implies acceptance of the price corresponding to the Product(s) ordered.
He or she also indicates the delivery address, chooses the delivery method and the means of payment.
Once his or her order is completed, the Customer has the possibility to check the Product(s) ordered, the number and the total price of his order in a summary. He or she can, if he or she wishes, modify his or her order or cancel it.
He or she validates the order by clicking on the button “order with obligation to pay”, then declares to accept it as well as the entirety of the present General Terms and Conditions of Sale, without reserve.
Finally, the Customer proceeds to the payment. He or she has the option to print out the order form.
As soon as the order is recorded and at the latest at the time of delivery of the Product, an acknowledgement of receipt of the order is sent to the e-mail address he or she provided.
This acknowledgement of receipt specifies:
- the order number,
- the description of the Product,
- the quantity of Products,
- the amount invoiced, including transport costs,
- confirmation of payment,
- the modalities and the address for delivery of the order,
- SAMAYA’s contact details,
- information relating to after-sales service and commercial guarantees where applicable,
- a reminder of the legal guarantees concerning conformity and hidden defects;
- information on the conditions and procedures for exercising the Customer’s right of withdrawal.
This acknowledgement of receipt validates the transaction. The Customer accepts that the computerized order registration system is proof of the purchase and its date.
SAMAYA reserves the right to refuse or to cancel any order from a Customer in the event of:
- the existence of litigation relating to the non-payment of a previous by the Customer;
- abnormal orders with regard to the quantities of Products ordered.
Article 6 • Payment and reservation of property rights
Payment in full is made directly on the Site, at the time of ordering, in euros.
At no time can the sums paid be considered as a deposit or advance payment.
Payment is made by credit or debit card.
Payments by credit or debit card are made via a secure system: Crédit Agricole’s e-transactions which uses 3D Secure in such a way that the information transmitted is encrypted by software and that no third party can read it during the transaction on the network.
The transaction is immediately debited from the Customer’s card after verification of the card data, upon receipt of the debit authorization from the issuer of the card used by the Customer.
In accordance with Article L.132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relative to his or her credit or debit card, the Customer authorizes SAMAYA to debit his or her card for the amount corresponding to the price of the Products to which are added the delivery charges, inclusive of VAT.
For this purpose, the Customer confirms that he or she is the holder of the card to be debited, that the name appearing on the card is indeed his or hers and that he or she has the necessary authorizations to proceed with the payment should such be required. The Customer communicates the sixteen digits and the expiry date of his or her credit or debit card as well as, if applicable, the numbers of the security code.
In case of fraudulent use of his or her credit or debit card on the Site, the Customer is invited to contact SAMAYA (on the following number +33 4 83 43 08 30 from Monday to Friday from 9 AM to 5PM Central European Time) by email to the following address: firstname.lastname@example.org
In the event that the debiting of the sums due by the Customer cannot be effected, the online sale will be immediately cancelled by right of law and the order will be cancelled.
A detailed invoice will be sent by e-mail to the Customer for each order. The invoice also remains available in the Customer’s account.
The Products remain the property of SAMAYA until collection of all the sums due by the Customer under the Order, including expenses and taxes.
Article 7 • Payment security
The transactions carried out on the Site are secured via the secure system Crédit Agricole’s e-transactions.
Customer data can neither be detected, intercepted nor used by third parties. At no time does the financial data of the Customer transit SAMAYA’s computer system. The system Crédit Agricole’s e-transactions checks that the connection with the Customer’s browser is secure before sending the payment form to the banking institution which carries out the financial transaction.
3D Secure being a technical service provider, has no involvement in any disputes related to the orders which are treated directly by SAMAYA as specified above or if necessary, by the Customer’s bank.
Article 8 • Delivery
The Products are delivered to the delivery address indicated by the Customer during the order process. It is up to the Customer to check the completeness and the conformity of the information which he or she provides to SAMAYA, the latter being, under no circumstances, responsible for possible errors due to incorrect information, nor for the consequences in terms of delay or error of delivery. In this context, all the expenses incurred for the reshipment of the Products will be entirely at the expense of the Customer.
SAMAYA will deliver the orders accompanied by an invoice, within a maximum delay of 30 working days for a delivery within Metropolitan France, and of 30 working days for a delivery to any other destination.
It is specified that delivery times indicated are in working days, excluding Saturdays, Sundays and public holidays, and correspond to the usual average delivery times including the time taken to process, prepare and deliver the order. They run as from the date of confirmation of the order by SAMAYA.
In the event of exceeding the delivery date, the Customer has the option to cancel the sale contract by sending a registered letter with request for acknowledgement of receipt to the following address: SAMAYA – 12C Avenue du Pré Faucon – PAE des Glaisins, Annecy Base Camp 74940 ANNECY LE VIEUX, if, after having directed SAMAYA to carry out the delivery within a reasonable additional period, the latter has not carried out the delivery within this period.
The contract is, if applicable, considered to be terminated upon receipt of the letter by SAMAYA, unless SAMAYA has completed the delivery in the meantime.
In case of termination, the Customer will be refunded, by any means of payment, the total amount paid, as soon as possible and at the latest within fourteen (14) days after the date of receipt of the letter by SAMAYA.
SAMAYA cannot be held responsible for the non-execution of the contract, in particular in the event of failure of delivery, due to the Customer (incorrect information concerning the delivery address), to an unforeseeable or unavoidable cause by of a third party to the contract or to a case of force majeure.
The amount of the delivery charges depends on the geographical area of delivery and the weight of the order. In every instance, the amount of the delivery charges will be indicated to the Customer before the validation of the order.
SAMAYA reserves the right to choose the mode of delivery and the carrier, notably according to the dimensions and the weight of the Products ordered.
Article 9 • Reception of the order and conformity of the Products
At the time of the reception of the Products, the Customer is responsible for checking the condition of the packaging and the integrity of the Products delivered, and to declare, if necessary, any reservation or complaint on the delivery note of the carrier and to inform SAMAYA by sending them a copy of the reservations made with the carrier by postal mail or electronic mail within 14 working days following the delivery date of the Products to the following address:
SAMAYA – 12C Avenue du Pré Faucon – PAE des Glaisins, Annecy Base Camp 74940 ANNECY LE VIEUX or email@example.com.
The Customer must also forward to SAMAYA within a time limit of 14 days as from the delivery, any complaint of error of delivery and/or missing items. Any complaint received beyond this deadline will be rejected without possibility of appeal.
The Customer is also required to check the conformity of the Products received in the execution of his order at the time of delivery. Any non-conformity or defect shall be notified to SAMAYA within the legal deadlines.
In this respect, it is to be noted that SAMAYA is responsible for the defects of conformity of the Product under the conditions of article L.217-12 and subsequent articles of the Consumer Code, and for the hidden defects of the Product sold under the conditions provided for in the articles 1641 to 1648 and 2232 of the Civil Code.
For the purposes of a legal guarantee of conformity, the Customer:
– has a period of two years from the delivery of the goods to act;
– may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the French Consumer Code;
– is exempted from having to provide proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer may decide to implement the guarantee against hidden defects of the goods sold within the meaning of Article 1641 of the Civil Code, in which case he or she may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Texts in force:
Article L217-4 of the Consumer Code
The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
He or she shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation, if the latter has been charged to him or her by the contract or has been carried out under his or her responsibility.
Article L217-5 of the Consumer Code
The goods are said to conform to the contract:
1° If they are fit for the use ordinarily expected of similar goods and, where applicable:
– if they correspond to the description given by the seller and have the qualities which the seller has presented to the buyer in the form of a sample or model;
– if they have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or representative, particularly in advertising or labelling;
2° Or if they have the characteristics defined by mutual agreement between the parties or if they are suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L217-6 of the Consumer Code
The seller shall not be bound by public statements made by the producer or his or her representative if it is established that he or she was not aware of such statements and was not legitimately in a position to be aware of them.
Article L217-12 of the Consumer Code
Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.
Article 1641 of the Civil Code
The seller is bound by the warranty on account of hidden defects of the goods sold which render them unfit for the use for which they are intended, or which diminish this use so much that the buyer would not have purchased them, or would only have paid a lower price for them, if he or she had known about them.
Article 1648 paragraph 1, Civil Code
Any action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In the event of return for non-conformity or latent defect, the Customer must make a request to SAMAYA’s customer service department, by e-mail to the following address: firstname.lastname@example.org stating in detail the defect or non-conformity found.
SAMAYA will examine the request of the Customer and will proceed, at the choice of the Customer, to exchange or to refund the Products, of the expenses of sending and return, should the request prove to be well-founded.
No return for nonconformity or hidden defect will be accepted without prior validation by SAMAYA.
In every instance, the guarantee is excluded in case of non-respect by the Customer of the “Notice of use and maintenance of the Products” or for any abnormal use of the Products, or for other purposes 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 receipt of the Products to exercise his or her right of withdrawal, without having to justify his or her reasons or pay any penalties, except for the cost of return, by filling out the standard withdrawal form available on the Site or by sending an e-mail to the following e-mail address: email@example.com. The Customer will then receive, without delay, an acknowledgement of receipt of his or her withdrawal by e-mail.
Within fourteen (14) days following the transmission of the retraction form or e-mail to SAMAYA, the Customer must return the Products to the following address:
SAMAYA – 12C Avenue du Pré Faucon – PAE des Glaisins, Annecy Base Camp 74940 ANNECY LE VIEUX.
It is the responsibility of the Customer to retain the proof of deposit of the parcel which will be given to him by the Post Office, the stamp of the Post Office being proof of the date of return of the Product. The return is at the expense of the Customer, and in case of loss of the package, no refund will be made.
SAMAYA undertakes to refund the Customer, using the same means of payment as used by the Customer for the initial transaction, the price of the Product as well as the standard delivery charges, without unjustified delay and at the latest within fourteen (14) days following the date of recovery of the Products.
Return costs and risks are at the Customer’s expense.
The right of withdrawal may only be exercised for Products returned complete, in perfect condition, clean, in their packaging. Products returned incomplete, damaged, soiled, or unfit to be resold, for any reason whatsoever, will not be accepted.
The Customer shall be 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 shall not be held liable in the event of failure to respect the laws of the country where the Product is delivered. It is thus up to the Customer to check with the local authorities the regulations concerning the importation or use of the Products.
SAMAYA cannot be held liable for any inconveniences or damages inherent to the use of the Internet network, in particular a rupture of the service, an impossibility to reach the Site, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with French jurisprudence.
The Customer alone is responsible for any damage caused to the Customer or to a third party resulting from a misuse of the Products and SAMAYA’s liability shall in no case be able to be sought in this respect.
Article 12 • Customer service
For any information, question or complaint, SAMAYA’s customer service is at the disposal of the Customer:
- by email: firstname.lastname@example.org;
- by post: SAMAYA – 12C Avenue du Pré Faucon – PAE des Glaisins, Annecy Base Camp 74940 ANNECY LE VIEUX, FRANCE;
- by telephoning +33 4 83 43 08 30 from Monday to Friday from 9AM to 5PM Central European Time.
Article 13 • Personal Data
Classification of collected data:
The personal data collected and subsequently processed by SAMAYA are those that the INTERNET USER voluntarily transmit via the WEBSITE to SAMAYA. It can include the following information: name, surname, telephone number, e-mail address, company, position, address, city, postal code, state/province, country.
SAMAYA collects through its Member Area, information for personalisation of the service which includes the following data: photo avatar, user name, last name, first name, electronic address.
Purpose of the collection of personal data:
The data identified as mandatory within the form are necessary for the management of orders, the authentication of payments and the delivery of Products.
Transmission of data to third parties:
The data may be transmitted to companies involved in the execution of services and orders, their management, execution, payment processing and delivery.
SAMAYA undertakes not to transmit its data to other third parties than those mentioned above.
Duration of conservation of personal data:
These data are stored and are kept for the duration strictly necessary to the realisation of the purposes mentioned above.
At the very least, the data is kept for a maximum of THREE (3) years from the end of the business relationship.
Right of access and rectification:
The Customer is informed that, in accordance with the French and European regulations in force, e or she has the following rights subject to proving his or her identity:
- The right to oppose, for legitimate reasons, that any personal data concerning him or her be subject to processing other than that declared herein, to which he or she has consented;
- The right to object, without charge, to data collected being the object of current or future commercial processing by the data controller;
- The right to be informed about the processing of his or her personal data;
- The right to obtain information on the processing of personal data managed by SAMAYA and any information that allows to know and, if necessary, to contest the reasoning that presides over the processing of the said data;
- The right to obtain a copy of the personal data concerning him or her, as well as the right of rectification, portability, updating or deletion of all or part of such data;
- The Customer can exercise his or her rights by contacting SAMAYA, indicating name, first name and e-mail address, by e-mail to the following address: email@example.com or by post to: SAMAYA – 12C Avenue du Pré Faucon – PAE des Glaisins, Annecy Base Camp 74940 ANNECY LE VIEUX., FRANCE.
The Customer accepts and acknowledges that he or she is responsible for respecting the confidentiality of the passwords associated with any account used to place orders on the Site. Consequently, the Customer accepts to be the sole and only person having responsibility towards SAMAYA for any act effected from his or her account.
If the Customer has any knowledge of unauthorized use of his or her password or account, he or she agrees to inform SAMAYA without delay at the following address: firstname.lastname@example.org or by post to: SAMAYA – 12C Avenue du Pré Faucon – PAE des Glaisins, Annecy Base Camp 74940 ANNECY LE VIEUX, FRANCE.
Reception of commercial offers:
According to the choices indicated at the time of the creation or consultation of the account, the Customer will be susceptible to receive offers from SAMAYA and/or its partners, as indicated at the time of the creation of the account. If the Customer changes his or her mind and does not wish to receive any further commercial offers, he or she can make such a request at any time by sending an e-mail to the following address: email@example.com or by post to: SAMAYA – 12C Avenue du Pré Faucon – PAE des Glaisins, Annecy Base Camp 74940 ANNECY LE VIEUX, FRANCE.
The Customer is advised that if he or she does not wish to be the object of commercial canvassing by telephone, he or she may register free of charge on a list of opposition to canvassing, for example: www.bloctel.gouv.fr.
Article 14 • Force majeure
The responsibility of SAMAYA may not be sought for any delay or contractual failure resulting from a case of force majeure, namely any unavoidable and or unforeseeable event external to the Parties.
The execution of the obligations incumbent on SAMAYA will be suspended by the occurrence of an event constituting force majeure within the meaning of the jurisprudence of the French courts. In such case, SAMAYA will inform as soon as possible the Customer of the duration of the event of force majeure and its foreseeable consequences.
Article 15 • Non-waiver agreement
The fact that SAMAYA does not take advantage of any of the clauses of the present General Terms and Conditions at a given time cannot be considered as a waiver of the right to take advantage of these same clauses at a later date.
Article 16 • Modification
SAMAYA reserves the right to modify the provisions of the present General Terms and Conditions of Sale at any time, the Customer being bound by these modifications.
The 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 • Independence of clauses
In the event that one (or more) provision(s) of these General Terms and Conditions of Sale should be held invalid, the validity of the other provisions shall not be called into question unless they are inseparable from the invalid provision.
Article 18 • Entire agreement of the Parties
The present General Terms and Conditions of Sale, the General Terms and Conditions of Use of the Site and the order summary sent to the Customer form a contractual whole and constitute the entire agreement between the Parties.
Article 19 • Applicable law – Disputes
The sale contract concluded between SAMAYA and the Customer is subject to the French law, the application of any international convention being excluded.
La langue d’origine du présent contrat est la langue française. (The original language of this contract is the French language). This English-language version of these general terms and conditions is a translation, and is provided for information purposes only. In the event of conflict in the translation, the French text shall prevail. (La version anglaise de ce contrat est une traduction et n’est fournie qu’à titre d’information. En cas de conflit dans la traduction, le texte français prévaudra.)
In the event of litigation, the Customer is informed that he can resort to a mediator of the consumption, after the failure of an attempt at amicable settlement directly with SAMAYA, in accordance with the provisions of the Consumer Code.
To this end, the Customer is informed that SAMAYA has appointed the following mediator:
MEDICYS, whose contact details are as follows: 73 boulevard de Clichy, 75 009 Paris, and whose website is: https://medicys.fr
The Customer can find information on this subject and a list of mediators on the following website: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
In addition, the Client has the option to use 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, the jurisdictional competence is that of the French courts. The competent court will be designated according to the rules of procedure in France at the time of the litigation.