General Terms and Conditions of Online Sale
Article 1 • Purpose and acceptance of the GCS
The SAMAYA company (hereinafter “SAMAYA”) designs and markets under the SAMAYA® brand ultra-light technical tents as well as accessories (hereinafter the “Products”).
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 natural person of legal age acquiring the Products for use outside their professional activity, for delivery in Germany, Austria, Belgium, Bulgaria, Canada, Cyprus, Croatia, Denmark, Spain, Estonia, United States (USA), Finland, France, Greece, Hungary, Hong Kong, Ireland, Italy, Japan , Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom (UK), Czech Republic, Slovakia, Slovenia, Switzerland (hereinafter the “Client”). SAMAYA reserves the right to update this list without prior notification and without delay. In addition, without requiring an update of this list, the current health crisis context linked to Covid-19 could temporarily cause this list to change due to state obligations that may make delivery of the Products temporarily impossible or unreasonable.
When the Customer clicks on the "Pay now" icon in order to confirm his order for the Product(s) he has selected, he acknowledges having read these general conditions of sale and accepting them without reserve.
The Customer is therefore invited to carefully read the clauses below.
The Customer may not purchase any of the Products presented on the Site without having first accepted these General Terms and Conditions of Sale.
Consultation of the Site by the Customer is also subject to the General Conditions of Use available on the Site which the Customer declares to have read and accept without reservation.
SAMAYA reserves the right to modify these General Conditions of Sale at any time by publishing a new version on the Site.
The applicable General Conditions of Sale are those in force on the Site on the date the order is placed by the Customer.
For the application hereof, it is agreed that the Customer and SAMAYA are collectively referred to as the “Parties” and individually referred to as the “Party”.
The SAMAYA company (hereinafter “SAMAYA”) designs and markets under the SAMAYA® brand ultra-light technical tents as well as accessories (hereinafter the “Products”).
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 natural person of legal age acquiring the Products for use outside their professional activity, for delivery in Germany, Austria, Belgium, Bulgaria, Canada, Cyprus, Croatia, Denmark, Spain, Estonia, United States (USA), Finland, France, Greece, Hungary, Hong Kong, Ireland, Italy, Japan , Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom (UK), Czech Republic, Slovakia, Slovenia, Switzerland (hereinafter the “Client”). SAMAYA reserves the right to update this list without prior notification and without delay. In addition, without requiring an update of this list, the current health crisis context linked to Covid-19 could temporarily cause this list to change due to state obligations that may make delivery of the Products temporarily impossible or unreasonable.
When the Customer clicks on the "Pay now" icon in order to confirm his order for the Product(s) he has selected, he acknowledges having read these general conditions of sale and accepting them without reserve.
The Customer is therefore invited to carefully read the clauses below.
The Customer may not purchase any of the Products presented on the Site without having first accepted these General Terms and Conditions of Sale.
Consultation of the Site by the Customer is also subject to the General Conditions of Use available on the Site which the Customer declares to have read and accept without reservation.
SAMAYA reserves the right to modify these General Conditions of Sale at any time by publishing a new version on the Site.
The applicable General Conditions of Sale are those in force on the Site on the date the order is placed by the Customer.
For the application hereof, 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 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,
- Product references,
- the price,
- characteristics,
- the availability of the product,
The representation of the Products on the Site is not contractual. As computer or smartphone screens may alter or change the colors differently as well as the appearance of the materials, SAMAYA is not responsible for the accuracy of the colors of the Products or the appearance of the materials posted on the Site. .
• 2.2 Product Availability
SAMAYA undertakes to honor online orders within the limits of available stocks.
The Products available are those appearing on the Site on the day of its consultation by the Customer, unless otherwise stated.
At any time, SAMAYA reserves the right to cease the marketing of a Product, without this calling into question the orders already placed for the said Product.
In the absence of availability, SAMAYA undertakes to inform the Customer as soon as possible by email.
The Customer may then cancel his order.
In the event of cancellation, the Customer will be reimbursed within a maximum period of fourteen (14) days from receipt of his request for reimbursement if payment has already been made.
• 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,
- Product references,
- the price,
- characteristics,
- the availability of the product,
The representation of the Products on the Site is not contractual. As computer or smartphone screens may alter or change the colors differently as well as the appearance of the materials, SAMAYA is not responsible for the accuracy of the colors of the Products or the appearance of the materials posted on the Site. .
• 2.2 Product Availability
SAMAYA undertakes to honor online orders within the limits of available stocks.
The Products available are those appearing on the Site on the day of its consultation by the Customer, unless otherwise stated.
At any time, SAMAYA reserves the right to cease the marketing of a Product, without this calling into question the orders already placed for the said Product.
In the absence of availability, SAMAYA undertakes to inform the Customer as soon as possible by email.
The Customer may then cancel his order.
In the event of cancellation, the Customer will be reimbursed within a maximum period of fourteen (14) days from receipt of his request for reimbursement if payment has already been made.
Article 3 • Price – delivery costs
The prices are indicated in euros, all taxes included, excluding transport costs and customs duties or other duties and/or taxes related to the importation of the Products into the Customer's country, where applicable, including the latter. will do its thing.
It is specified that the value added tax is French VAT at the normal rate in force on the day of validation of the order for all orders delivered in France and in the European Union.
The prices are indicated in euros, all taxes included, excluding transport costs and customs duties or other duties and/or taxes related to the importation of the Products into the Customer's country, where applicable, including the latter. will do its thing.
It is specified that the value added tax is French VAT at the normal rate in force on the day of validation of the order for all orders delivered in France and in the European Union.
It is specified that the value added tax is the United Kingdom VAT at the normal rate in force on the day of the validation of the order for all orders delivered in the United Kingdom.
It is specified that the value added tax is Swiss VAT at the normal rate in force on the day of validation of the order for all orders delivered in Switzerland.
If the VAT rate were to be modified before the order of the Product, this change 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 rates in force at the time of the validation of the order by the Customer.
Handling and packaging costs for Germany, Austria, Belgium, Bulgaria, Canada, Cyprus, Croatia, Denmark, Spain, Estonia, United States (USA), Finland, France, Greece, Hong Kong, Hungary, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal , United Kingdom (UK), Czech Republic, Slovakia, Slovenia and Switzerland are free.
Delivery costs in France and Europe are between 0 and 50 euros depending on the country and the carrier chosen by the Customer. Delivery costs to Canada and the United States (USA) are 50 euros. Deliveries outside the European Union, United Kingdom (UK) and Switzerland may be subject to fees and/or taxes.
Shipping costs not contractual.
Article 4 • Customer account
Orders are made online, directly on the Site.
During the first order, the Customer has the possibility of creating a customer account: an e-mail and a password must then be entered by the Customer.
In case of loss of 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 when creating the customer account commits the latter. In the event of an error, particularly in the wording of the recipient's contact details, SAMAYA cannot be held responsible for the impossibility in which it could be to deliver the Products.
Orders are made online, directly on the Site.
During the first order, the Customer has the possibility of creating a customer account: an e-mail and a password must then be entered by the Customer.
In case of loss of 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 when creating the customer account commits the latter. In the event of an error, particularly in the wording of the recipient's contact details, SAMAYA cannot be held responsible for the impossibility in which it could be to deliver the Products.
Article 5 • Placing of order
The Customer places his 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 as well as their characteristics described in the Product sheet.
He also indicates the delivery address, chooses the delivery method and the payment method.
Once his order has been pre-established, the Customer has the possibility of checking the Product(s) ordered, the number, the characteristics and the total price of his order in a summary. He can, if he wishes, modify his order or cancel it.
He validates his order by clicking on the button “validate the order”, he then declares to accept this one as well as the entirety of the present General Conditions of Sale, without reserve. A sales contract is then concluded between the Parties subject to the present.
Finally, the Customer makes the payment. He can print his order form.
Upon registration of his order and at the latest at the time of delivery of the Product, an acknowledgment of receipt thereof is sent to him at the email address he has provided.
This acknowledgment of receipt specifies:
- the order number,
- the essential characteristics of the Product,
- the quantity of Products,
- the amount invoiced, including transport costs,
- confirmation of payment,
- the terms and delivery address of the order,
- the contact details of SAMAYA,
- information relating to after-sales service and commercial guarantees where applicable,
- a reminder of the legal guarantees of conformity and hidden defects;
- information relating to the conditions and procedures for exercising the right of withdrawal by the Customer.
This acknowledgment validates the transaction. The Customer accepts that the computerized recording systems of the order constitute proof of the purchase and of its date.
SAMAYA reserves the right to refuse or cancel any order from a Customer in the event of:
- litigation 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;
- abnormal orders with regard to the quantities ordered.
The Customer places his 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 as well as their characteristics described in the Product sheet.
He also indicates the delivery address, chooses the delivery method and the payment method.
Once his order has been pre-established, the Customer has the possibility of checking the Product(s) ordered, the number, the characteristics and the total price of his order in a summary. He can, if he wishes, modify his order or cancel it.
He validates his order by clicking on the button “validate the order”, he then declares to accept this one as well as the entirety of the present General Conditions of Sale, without reserve. A sales contract is then concluded between the Parties subject to the present.
Finally, the Customer makes the payment. He can print his order form.
Upon registration of his order and at the latest at the time of delivery of the Product, an acknowledgment of receipt thereof is sent to him at the email address he has provided.
This acknowledgment of receipt specifies:
- the order number,
- the essential characteristics of the Product,
- the quantity of Products,
- the amount invoiced, including transport costs,
- confirmation of payment,
- the terms and delivery address of the order,
- the contact details of SAMAYA,
- information relating to after-sales service and commercial guarantees where applicable,
- a reminder of the legal guarantees of conformity and hidden defects;
- information relating to the conditions and procedures for exercising the right of withdrawal by the Customer.
This acknowledgment validates the transaction. The Customer accepts that the computerized recording systems of the order constitute proof of the purchase and of its date.
SAMAYA reserves the right to refuse or cancel any order from a Customer in the event of:
- litigation 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;
- abnormal orders with regard to the quantities ordered.
Article 6 • Payment and retention of title
Full payment is made directly on the Site, when ordering, in euros.
At no time can the sums paid be considered as a deposit or down payment.
Payment is made by credit card, PayPal, Apple Pay or bank transfer.
Payments by credit card are made through the secure Shopify Payments, Alma, Mollie, PayPal or Apple Pay system so that the information transmitted is encrypted by software and no third party can read it during transport. on the network.
The transaction is immediately debited from the Customer's bank card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.
In accordance with article L.132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes SAMAYA to debit his bank card for the amount corresponding to the price of the Products to which are added the delivery costs, all taxes included.
To this end, the Customer confirms that he is the holder of the bank card to be debited, that the name appearing on the bank card is indeed his and that he has the necessary authorizations to proceed with the payment if necessary. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, where applicable, the numbers of the visual cryptogram.
In the event of fraudulent use of his credit card on the Site, the Customer is invited to contact SAMAYA (at the following number +33 4 83 43 08 30 from 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 is impossible, the online sale will be immediately resolved as of right and the order will be cancelled.
A detailed invoice is sent by e-mail to the Customer for each order. The invoice also remains available in the customer account.
The Products remain the property of SAMAYA until receipt of all sums due by the Customer under the Order, including costs and taxes.
Full payment is made directly on the Site, when ordering, in euros.
At no time can the sums paid be considered as a deposit or down payment.
Payment is made by credit card, PayPal, Apple Pay or bank transfer.
Payments by credit card are made through the secure Shopify Payments, Alma, Mollie, PayPal or Apple Pay system so that the information transmitted is encrypted by software and no third party can read it during transport. on the network.
The transaction is immediately debited from the Customer's bank card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.
In accordance with article L.132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes SAMAYA to debit his bank card for the amount corresponding to the price of the Products to which are added the delivery costs, all taxes included.
To this end, the Customer confirms that he is the holder of the bank card to be debited, that the name appearing on the bank card is indeed his and that he has the necessary authorizations to proceed with the payment if necessary. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, where applicable, the numbers of the visual cryptogram.
In the event of fraudulent use of his credit card on the Site, the Customer is invited to contact SAMAYA (at the following number +33 4 83 43 08 30 from 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 is impossible, the online sale will be immediately resolved as of right and the order will be cancelled.
A detailed invoice is sent by e-mail to the Customer for each order. The invoice also remains available in the customer account.
The Products remain the property of SAMAYA until receipt of all sums due by the Customer under the Order, including costs and taxes.
Article 7 • Payment security
Transactions made on the Site are secured via the Shopify Payments, Alma, Mollie, Paypal or Apple Pay secure system.
Customer data cannot be detected, intercepted or used by third parties. At no time does the Customer's financial data pass through the SAMAYA computer system. These payment systems verify that the connection with the Client's browser is secure before sending the payment form to the banking institution that performs the financial transaction.
3D Secure being a technical service provider, it does not support disputes related to orders which are processed directly by SAMAYA as specified above or, where applicable, by the Customer's bank.
Transactions made on the Site are secured via the Shopify Payments, Alma, Mollie, Paypal or Apple Pay secure system.
Customer data cannot be detected, intercepted or used by third parties. At no time does the Customer's financial data pass through the SAMAYA computer system. These payment systems verify that the connection with the Client's browser is secure before sending the payment form to the banking institution that performs the financial transaction.
3D Secure being a technical service provider, it does not support 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 conformity of the information he provides to SAMAYA, the latter not being, under any circumstances, responsible for any input errors and the consequences in terms of delay or error in delivery. In this context, all costs incurred for the return of the Products will be entirely borne by the Customer.
SAMAYA will deliver orders accompanied by an invoice within a maximum of fourteen (14) working days for delivery to Metropolitan France, and thirty (30) working days for delivery to any other destination.
It is specified that the delivery times indicated are in working days, excluding Saturdays, Sundays and public holidays, and correspond to the usual average times including the processing times, preparation and delivery of the order. They run from the date of confirmation of the order by SAMAYA.
If the delivery date is exceeded, the Customer has the possibility of obtaining the resolution of the sales contract by sending a registered letter with acknowledgment of receipt to the following address: SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY, if, after having ordered SAMAYA to make the delivery within a reasonable additional period, the latter has not performed within this period.
The contract is, where applicable, considered broken upon receipt by SAMAYA of the letter, unless it has made the delivery in the meantime.
In the event of cancellation, the Customer is reimbursed, by any means of payment, for 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 non-performance of the contract, in particular in the event of non-delivery, due to the Customer (incorrect information about the delivery address), an unforeseeable and irresistible fact of a third party to the contract or a case of force majeure.
The amount of delivery costs depends on the geographical area of delivery and the weight of the order. In any case, the amount of the delivery costs is indicated to the Customer before the validation of the order.
SAMAYA reserves the choice of delivery method and carrier, depending on the nature and weight of the Products ordered in particular.
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 conformity of the information he provides to SAMAYA, the latter not being, under any circumstances, responsible for any input errors and the consequences in terms of delay or error in delivery. In this context, all costs incurred for the return of the Products will be entirely borne by the Customer.
SAMAYA will deliver orders accompanied by an invoice within a maximum of fourteen (14) working days for delivery to Metropolitan France, and thirty (30) working days for delivery to any other destination.
It is specified that the delivery times indicated are in working days, excluding Saturdays, Sundays and public holidays, and correspond to the usual average times including the processing times, preparation and delivery of the order. They run from the date of confirmation of the order by SAMAYA.
If the delivery date is exceeded, the Customer has the possibility of obtaining the resolution of the sales contract by sending a registered letter with acknowledgment of receipt to the following address: SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY, if, after having ordered SAMAYA to make the delivery within a reasonable additional period, the latter has not performed within this period.
The contract is, where applicable, considered broken upon receipt by SAMAYA of the letter, unless it has made the delivery in the meantime.
In the event of cancellation, the Customer is reimbursed, by any means of payment, for 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 non-performance of the contract, in particular in the event of non-delivery, due to the Customer (incorrect information about the delivery address), an unforeseeable and irresistible fact of a third party to the contract or a case of force majeure.
The amount of delivery costs depends on the geographical area of delivery and the weight of the order. In any case, the amount of the delivery costs is indicated to the Customer before the validation of the order.
SAMAYA reserves the choice of delivery method and carrier, depending on the nature and weight of the Products ordered in particular.
Article 9 • Receipt of the order and conformity of the Products
At the time of receipt of the Products, the Customer is required to check the condition of the packaging and the integrity of the Products delivered, and to issue, if necessary, any reservations and complaints on the carrier's delivery note and to inform SAMAYA by sending a copy of the reservations made to the carrier by post or electronic mail within 14 working 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 submit to SAMAYA within 14 working days of delivery, any complaint of delivery error and/or shortage. Any complaint made beyond this period will be rejected without possibility of appeal.
The Customer is also required to check the conformity of the Products received in execution of his order at the time of delivery. Any non-compliance or defect must be notified to SAMAYA within the legal deadlines.
As such, it is recalled that SAMAYA is responsible for defects in the conformity of the Product under the conditions of article L.217-12 and following of the consumer code and for hidden defects in the thing sold under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
When acting as a legal guarantee of conformity, the Customer:
- has a period of two years from delivery of the property to act;
- can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 211-9 of the code of consumption;
- 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 guarantee of conformity applies independently of any commercial guarantee granted.
The Customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code in which case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with the article 1644 of the civil code.
At the time of receipt of the Products, the Customer is required to check the condition of the packaging and the integrity of the Products delivered, and to issue, if necessary, any reservations and complaints on the carrier's delivery note and to inform SAMAYA by sending a copy of the reservations made to the carrier by post or electronic mail within 14 working 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 submit to SAMAYA within 14 working days of delivery, any complaint of delivery error and/or shortage. Any complaint made beyond this period will be rejected without possibility of appeal.
The Customer is also required to check the conformity of the Products received in execution of his order at the time of delivery. Any non-compliance or defect must be notified to SAMAYA within the legal deadlines.
As such, it is recalled that SAMAYA is responsible for defects in the conformity of the Product under the conditions of article L.217-12 and following of the consumer code and for hidden defects in the thing sold under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
When acting as a legal guarantee of conformity, the Customer:
- has a period of two years from delivery of the property to act;
- can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 211-9 of the code of consumption;
- 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 guarantee of conformity applies independently of any commercial guarantee granted.
The Customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code in which case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with the article 1644 of the civil code.
Texts in force:
Article L217-4 of the consumer code
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the consumer code
The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L217-6 of the consumer code
The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.
Article L217-12 of the consumer code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 Civil Code
The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.
Article 1648 paragraph 1 Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the event of a return for non-compliance or hidden defect, the Customer must make a request to SAMAYA's customer service, by email to the following address: contact@samaya-equipment.com, stating in detail the defect or non-compliance found.
SAMAYA will examine the Customer's request and, at the Customer's choice, will exchange or refund the Product(s), shipping and return costs, if this proves to be justified.
No return for non-compliance or hidden defect will be accepted without prior validation by SAMAYA.
In any case, the guarantee is excluded in the event of non-compliance by the Customer with the "Instructions for use and maintenance of the Products" or for any abnormal use of the Products, or for purposes other than those for which they have been designed.
Article L217-4 of the consumer code
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the consumer code
The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L217-6 of the consumer code
The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.
Article L217-12 of the consumer code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 Civil Code
The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.
Article 1648 paragraph 1 Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the event of a return for non-compliance or hidden defect, the Customer must make a request to SAMAYA's customer service, by email to the following address: contact@samaya-equipment.com, stating in detail the defect or non-compliance found.
SAMAYA will examine the Customer's request and, at the Customer's choice, will exchange or refund the Product(s), shipping and return costs, if this proves to be justified.
No return for non-compliance or hidden defect will be accepted without prior validation by SAMAYA.
In any case, the guarantee is excluded in the event of non-compliance by the Customer with the "Instructions for use and maintenance of the Products" or for any abnormal use of the Products, or for purposes other than those for which they have been 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 right of withdrawal, without having to justify reasons or pay penalties, at the except for return costs, by completing the standard withdrawal form available on the Site or by sending an email to the following email address: contact@samaya-equipment.com. The Customer will then receive, without delay, an acknowledgment of receipt of his 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 deposit of the parcel which will be given to him by La Poste, the La Poste stamp being proof of the date of return of the Product. The return being the responsibility of the Customer, in the event of loss of the package, no refund can be made.
SAMAYA undertakes to reimburse the Customer, using the same means of payment as that used by the Customer for the initial transaction, the price of the Product as well as the standard delivery costs, without unjustified delay and at the latest within fourteen ( 14) days following the date of collection of the Products.
Return costs and risks are the responsibility of the customer.
The right of withdrawal can only be exercised for Products returned complete in perfect condition, clean, in their original packaging. Products returned incomplete, damaged, soiled, damaged or unsuitable for sale, for any reason whatsoever, will not be taken back, exchanged or refunded. Personalized items cannot be returned.
The Customer assumes responsibility for the depreciation of the Product resulting from manipulations other than those necessary to establish its nature, characteristics and proper functioning.
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 right of withdrawal, without having to justify reasons or pay penalties, at the except for return costs, by completing the standard withdrawal form available on the Site or by sending an email to the following email address: contact@samaya-equipment.com. The Customer will then receive, without delay, an acknowledgment of receipt of his 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 deposit of the parcel which will be given to him by La Poste, the La Poste stamp being proof of the date of return of the Product. The return being the responsibility of the Customer, in the event of loss of the package, no refund can be made.
SAMAYA undertakes to reimburse the Customer, using the same means of payment as that used by the Customer for the initial transaction, the price of the Product as well as the standard delivery costs, without unjustified delay and at the latest within fourteen ( 14) days following the date of collection of the Products.
Return costs and risks are the responsibility of the customer.
The right of withdrawal can only be exercised for Products returned complete in perfect condition, clean, in their original packaging. Products returned incomplete, damaged, soiled, damaged or unsuitable for sale, for any reason whatsoever, will not be taken back, exchanged or refunded. Personalized items cannot be returned.
The Customer assumes responsibility for the depreciation of the Product resulting from manipulations other than those 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 up to the Customer to check with the local authorities 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 network, in particular a break in service, an impossibility of accessing the Site, an external 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 to a third party resulting from improper use of the Products and SAMAYA cannot be held liable in this respect.
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 up to the Customer to check with the local authorities 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 network, in particular a break in service, an impossibility of accessing the Site, an external 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 to a third party resulting from improper use of the Products and SAMAYA cannot be held liable in this respect.
Article 12 • Customer service
For any information, question or complaint, SAMAYA customer service is available to the Customer:
- by email: contact@samaya-equipment.com;
- by post: SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY;
- by phone on +33 4 83 43 08 30 from Monday to Friday from 9 a.m. to 5 p.m.
For any information, question or complaint, SAMAYA customer service is available to the Customer:
- by email: contact@samaya-equipment.com;
- by post: SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY;
- by phone on +33 4 83 43 08 30 from Monday to Friday from 9 a.m. to 5 p.m.
Article 13 • Personal data
Type 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 the following information: surname, first name, telephone number, e-mail address, company, function, address, city, postal code, state/province, country.
Purposes of collecting personal data:
The data identified as mandatory within the form is necessary for order management, authentication of payments and delivery of the Products.
Transmission of data to third parties:
They can be transmitted to the companies which contribute to the execution of the services and orders, to their management, execution, treatment payment and delivery.
SAMAYA undertakes not to transmit its data to third parties other than those referred to above.
Duration of retention of personal data:
These data are 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 oppose, for legitimate reasons, that the personal data concerning him are subject to processing other than those announced herein to which he has consented;
- The right to object, free of charge, to the data collected being subject to current or future commercial processing by the controller;
- The right to be informed about the processing to which his personal data give rise;
- The right to obtain information relating to the processing of the personal data managed by SAMAYA and all information allowing to know and, if necessary, contest the logic which governs the processing of said data;
- The right to obtain a copy of personal data concerning him, as well as a right to rectification, portability, updating or deletion of all or part of said data;
- The Customer may exercise his rights by contacting SAMAYA, indicating his 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 he is responsible for respecting the confidentiality of the passwords associated with any account used to be able to place orders on the Site. Consequently, the Customer agrees to be solely and solely responsible with regard to the SAMAYA company for any act carried out from his account.
If the Customer becomes aware of any unauthorized use of his password or account, he agrees 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 when creating or consulting the account, the Customer may receive offers from the SAMAYA company and/or partners, as indicated when creating the account. If the Customer changes his mind and no longer wishes to receive commercial offers, he may request it 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 he does not wish to be the subject of commercial prospecting by telephone, he can register free of charge on a list of opposition to canvassing, for example: www.bloctel.gouv.fr.
Type 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 the following information: surname, first name, telephone number, e-mail address, company, function, address, city, postal code, state/province, country.
Purposes of collecting personal data:
The data identified as mandatory within the form is necessary for order management, authentication of payments and delivery of the Products.
Transmission of data to third parties:
They can be transmitted to the companies which contribute to the execution of the services and orders, to their management, execution, treatment payment and delivery.
SAMAYA undertakes not to transmit its data to third parties other than those referred to above.
Duration of retention of personal data:
These data are 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 oppose, for legitimate reasons, that the personal data concerning him are subject to processing other than those announced herein to which he has consented;
- The right to object, free of charge, to the data collected being subject to current or future commercial processing by the controller;
- The right to be informed about the processing to which his personal data give rise;
- The right to obtain information relating to the processing of the personal data managed by SAMAYA and all information allowing to know and, if necessary, contest the logic which governs the processing of said data;
- The right to obtain a copy of personal data concerning him, as well as a right to rectification, portability, updating or deletion of all or part of said data;
- The Customer may exercise his rights by contacting SAMAYA, indicating his 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 he is responsible for respecting the confidentiality of the passwords associated with any account used to be able to place orders on the Site. Consequently, the Customer agrees to be solely and solely responsible with regard to the SAMAYA company for any act carried out from his account.
If the Customer becomes aware of any unauthorized use of his password or account, he agrees 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 when creating or consulting the account, the Customer may receive offers from the SAMAYA company and/or partners, as indicated when creating the account. If the Customer changes his mind and no longer wishes to receive commercial offers, he may request it 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 he does not wish to be the subject of commercial prospecting by telephone, he can register free of charge on a list of opposition to canvassing, for example: www.bloctel.gouv.fr.
Article 14 • Force majeure
SAMAYA cannot be held liable for any delay or breach of contract resulting from a case of force majeure, namely an event external to the parties, irresistible and unforeseeable.
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 case law of the 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.
SAMAYA cannot be held liable for any delay or breach of contract resulting from a case of force majeure, namely an event external to the parties, irresistible and unforeseeable.
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 case law of the 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 avail itself at a given time of any of the clauses of these general conditions cannot be considered as a waiver of the right to avail itself of these same clauses at a later date.
The fact that SAMAYA does not avail itself at a given time of any of the clauses of these general conditions cannot be considered as a waiver of the right to avail itself of these same clauses at a later date.
Article 16 • Modification
SAMAYA reserves the right to modify the provisions of these general conditions of sale at any time, the Customer being bound by these modifications.
Orders will thus be governed by the version of the general conditions of sale in force on the day of their validation by the Customer.
SAMAYA reserves the right to modify the provisions of these general conditions of sale at any time, the Customer being bound by these modifications.
Orders will thus be governed by the version of the general 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 conditions of sale should be held to be invalid, the validity of the other stipulations cannot be called into question unless they were inseparable from the invalidated provision.
In the event that one (or more) provision(s) of these general conditions of sale should be 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 • Entire agreement of the Parties
These General Conditions of Sale, the General 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.
Any reading and interpretation of the agreement must be made in the light of this contractual set and according to the overall consistency of said set. The said components of this set cannot be interpreted in isolation.
These General Conditions of Sale, the General 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.
Any reading and interpretation of the agreement must be made in the light of this contractual set and according to the overall consistency of said set. The said components of this set 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 the French language and is governed by French law.
In the event of a dispute, the Customer is informed that he may have recourse to a consumer mediator, 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:
CM2C, whose contact details are as follows: 14 rue Saint Jean, 75 017 Paris, and whose website is: www.cm2c.net
The Client will find information on this subject and the list of mediators on the following site: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
In addition, the Customer has the option of using the European online dispute resolution (RLL) platform available by following the following link: https://ec.europa.eu/consumers/odr/main/?event=main .home2.show
In the absence of mediation, jurisdiction is that of the French courts, the competent court being designated according to the rules of procedure in force in France at the time of the dispute.
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 the French language and is governed by French law.
In the event of a dispute, the Customer is informed that he may have recourse to a consumer mediator, 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:
CM2C, whose contact details are as follows: 14 rue Saint Jean, 75 017 Paris, and whose website is: www.cm2c.net
The Client will find information on this subject and the list of mediators on the following site: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
In addition, the Customer has the option of using the European online dispute resolution (RLL) platform available by following the following link: https://ec.europa.eu/consumers/odr/main/?event=main .home2.show
In the absence of mediation, jurisdiction is that of the French courts, the competent court being designated according to the rules of procedure in force in France at the time of the dispute.