Terms of sale

INTRODUCTION

These Terms and Conditions of Sale apply to all sales concluded on the ZenMotion website, URL: www.zenmotion.yoga

This website is operated by ZenMotion. Throughout the site, the terms “we”, “our”, “us” and “the seller” refer to ZenMotion.

The website www.zenmotion.yoga is a service provided by:

ZenMotion, trading name ZenMotion

Phone number: +33618464571
Email: contact@zenmotion.yoga
Registered address: ZenMotion, 117 Avenue Saint-Lambert, 06100 Nice, France
SIREN number: 917601841

The ZenMotion website sells the following products: yoga mats, yoga equipment, and clothing.

The customer acknowledges having read and accepted these Terms and Conditions of Sale before placing an order. Validation of the order therefore constitutes acceptance of these Terms and Conditions of Sale and has contractual value.

ARTICLE 1 – Principles

These Terms and Conditions of Sale set out all of the parties’ obligations. In this respect, the buyer is deemed to accept them without reservation. These Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales made through other distribution and marketing channels.

They are accessible on the ZenMotion website and shall, where applicable, prevail over any other version or any other conflicting document. The seller and the buyer agree that these terms and conditions exclusively govern their relationship. The seller reserves the right to amend its terms and conditions from time to time. Such amendments shall apply as soon as they are published online.

If any sales condition is found to be missing, it shall be deemed to be governed by the practices in force in the distance selling sector for companies whose registered office is located in France.

These Terms and Conditions of Sale are valid until 31 May 2023.

ARTICLE 2 – Scope

These terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer through the ZenMotion website.

These terms and conditions apply only to purchases made on the ZenMotion website and delivered in France, within the European Union, and internationally. For any exceptional or specific delivery request, please send a message to the following email address: zenmotionyoga@gmail.com

These purchases concern the following products: yoga mats, yoga equipment, and clothing.

ARTICLE 3 – Pre-contractual information

The buyer acknowledges having received, prior to placing an order and entering into the contract, these Terms and Conditions of Sale and all of the information listed in Article L.221-5 of the French Consumer Code, in a legible and understandable manner.

The following information is provided to the buyer in a clear and understandable manner:

the essential characteristics of the goods;
the price of the goods and/or the method used to calculate the price;
where applicable, all additional transport, delivery or postage costs and any other possible charges;
where the contract is not performed immediately, the date or time period within which the seller undertakes to deliver the goods;
information relating to the identity of the seller, its postal, telephone and electronic contact details, and its business activities, as well as information relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, and the existence and implementation terms of guarantees and other contractual conditions.

ARTICLE 4 – Orders

The buyer may place an order online using the online catalogue and the order form available on the website, for any product available on the site, subject to stock availability.

The buyer shall be informed of any unavailability of the ordered product or goods.

In order for the order to be validated, the buyer must accept these Terms and Conditions of Sale by clicking in the place indicated. The buyer must also choose the delivery address and delivery method, then validate the payment method.

The sale shall be considered final:

once the seller has sent the buyer an email confirming acceptance of the order;
once the seller has received payment in full.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute in this respect shall take place within the framework of any possible exchange and the guarantees mentioned below and/or under our refund policy: https://www.zenmotion.yoga/policies/refund-policy

In certain cases, including non-payment, an incorrect address, or any other issue relating to the buyer’s account, the seller reserves the right to block the order until the issue has been resolved.

For any question relating to the tracking of an order, the buyer may call the following number: +33618464571, from Monday to Friday, from 8:00 a.m. to 1:00 p.m. CET, or send an email to the following address: contact@zenmotion.yoga

ARTICLE 5 – Electronic signature

The online provision of the buyer’s bank card number and the final validation of the order shall constitute proof of the buyer’s agreement to:

payment of the sums due under the order form;
signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as such use is discovered, to contact the seller at +33618464571 or at contact@zenmotion.yoga

ARTICLE 6 – Order confirmation

The seller shall provide the buyer with an order confirmation by email, sent to the address provided by the buyer.

ARTICLE 7 – Proof of the transaction

Computerised records stored in the seller’s or an authorised third party’s computer systems under reasonable security conditions shall be considered proof of communications, orders and payments exchanged between the parties. Order forms and invoices are archived on a reliable and durable medium that may be produced as evidence.

ARTICLE 8 – Prices

The seller reserves the right to change its prices at any time, but undertakes to apply the prices indicated at the time of the order, subject to availability on that date.

Prices are stated in euros. They do not include delivery charges, which are added to the invoice and indicated before the order is confirmed. Prices include the VAT applicable on the date of the order, and any change in the applicable rate shall automatically be reflected in the price of the products in the online shop.

If one or more taxes or contributions, in particular environmental taxes, are created or amended, whether increased or decreased, this change may be reflected in the sale price of the products.

ARTICLE 9 – Payment terms

This is an order with an obligation to pay, which means that placing the order implies payment by the buyer. To pay for the order, the buyer may choose from all payment methods made available by the seller and listed on the seller’s website. The buyer guarantees to the seller that they have the necessary authorisations to use the payment method chosen when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal of payment authorisation by bank card from officially accredited organisations or in the event of non-payment (in whole or in part). In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.

Payment of the price shall be made in full on the day of the order, according to the following methods:

Bank card
PayPal

ARTICLE 10 – Product availability – Refund – Cancellation

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website homepage, dispatch times shall, subject to stock availability, be those indicated below. Dispatch times run from the date on which the order is registered, as indicated in the order confirmation email. For deliveries in mainland France and Corsica, the delivery period is 3 days from the day following the day on which the buyer placed the order, according to the following delivery method: Colissimo. At the latest, the period shall be 30 working days after conclusion of the contract. For deliveries to the French overseas territories or to another country, the delivery arrangements shall be specified to the buyer on a case-by-case basis. In the event of failure to meet the agreed delivery date or delivery period, the buyer must, before terminating the contract, require the seller to perform the contract within an additional reasonable period.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by written notice on another durable medium.

The contract shall be considered terminated upon receipt by the seller of the letter or written notice informing the seller of such termination, unless the seller has performed in the meantime.

However, the buyer may immediately terminate the contract if the dates or periods mentioned above constitute an essential condition of the contract for the buyer.

In such case, where the contract is terminated, the seller is required to refund the buyer all sums paid, no later than within 14 days following the date on which the contract was terminated, provided that the goods have not been sent to the buyer in the meantime. If the goods have been sent to the buyer within the applicable time limits, the seller shall not be held liable for any delay or loss of the goods attributable to the carrier.

If the ordered product is unavailable, the buyer shall be informed as soon as possible and shall have the option to cancel the order. The buyer shall then have the choice of requesting either a refund of the sums paid within a maximum period of 14 days from payment, or an exchange of the product.

ARTICLE 11 – Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered according to the terms and within the timeframe specified above.

The products are delivered to the address indicated by the buyer on the order form, and the buyer must ensure its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address shall be reshipped at the buyer’s expense. Upon request, the buyer may obtain an invoice sent to the billing address rather than the delivery address by selecting the option provided for that purpose on the order form. In the event that the buyer is absent on the day of delivery, the delivery person shall act in accordance with the instructions of the appointed carrier.

If, at the time of delivery, the original packaging is damaged, torn or opened, the buyer must check the condition of the items. If the items have been damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged).

The buyer must state on the delivery slip, in the form of handwritten reservations accompanied by their signature, any anomaly relating to the delivery (damage, missing product compared with the delivery slip, damaged parcel, broken products, etc.).

This verification shall be considered completed as soon as the buyer, or any person authorised by the buyer, has signed the delivery slip.

The buyer must then confirm these reservations by registered mail to the carrier no later than within two working days following receipt of the item(s), and send a copy of that letter by fax or ordinary mail to the seller at the address indicated on the contact information page of the ZenMotion website: https://www.zenmotion.yoga/policies/contact-information

If the products are to be returned to the seller, a return request must be made to the seller within 14 days following delivery. Any claim made outside this period cannot be accepted. The return of the product may only be accepted for products returned in their original condition (packaging, accessories, instructions, etc.).

For more details regarding our refund policy, please consult: https://www.zenmotion.yoga/policies/refund-policy

ARTICLE 12 – Delivery errors

The buyer must submit to the seller, on the day of delivery or at the latest on the first working day following delivery, any claim relating to a delivery error and/or non-conformity of the products in kind or quality in relation to the information stated on the order form. Any claim made after this deadline shall be rejected.

The claim may be made, at the buyer’s option:

by telephone at the following number: +336 18 46 45 71
by email at the following address: contact@zenmotion.yoga

Any claim not made in accordance with the rules set out above and within the required time limits shall not be taken into account and shall release the seller from any liability towards the buyer.

Upon receipt of the claim, the seller shall assign an exchange number for the relevant product(s) and communicate it by email to the buyer. A product may only be exchanged after the exchange number has been assigned.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in full and in its original packaging, by Colissimo Recommandé, to the following address: 117, Avenue Saint Lambert 06100 NICE.

Return costs shall be borne by the seller.

For more details regarding our refund policy, please consult the following page: https://www.zenmotion.yoga/policies/refund-policy

ARTICLE 13 – Product warranty

13-1 Legal guarantee of conformity

The seller guarantees that the goods sold conform to the contract, enabling the buyer to submit a claim under the legal guarantee of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code.

13-2 Legal warranty against hidden defects

In accordance with Articles 1641 et seq. of the French Civil Code, the seller is liable for hidden defects that may affect the goods sold. It shall be for the buyer to prove that the defects existed at the time of the sale of the goods and are of such a nature as to render the goods unfit for their intended use. This warranty must be implemented within two years from the discovery of the defect.

The buyer may choose between rescission of the sale or a reduction in the price in accordance with Article 1644 of the French Civil Code.

ARTICLE 14 – Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 days from the date of delivery of the order to return any item that does not suit them and request an exchange or refund without penalty, except for return costs, which remain payable by the buyer.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.), allowing them to be resold as new, and must be accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

The right of withdrawal may be exercised online by sending us an email expressing your wish to withdraw to the following address: zenmotionyoga@gmail.com. Any other unambiguous form of declaration of withdrawal is also accepted. It must clearly express the intention to withdraw.

If the right of withdrawal is exercised within the above-mentioned period, the price of the purchased product(s) and the delivery costs shall be refunded.

Return costs remain payable by the buyer.

The exchange (subject to availability) or refund shall be made within 48 hours after receipt of the returned goods, and no later than within 14 days from receipt by the seller of the products returned by the buyer under the conditions set out above.

ARTICLE 15 – Force majeure

Any circumstances beyond the control of the parties preventing performance of their obligations under normal conditions shall be considered grounds for exemption from the parties’ obligations and shall result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.

Force majeure shall include all facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the parties’ control, and which cannot be prevented by them despite all reasonably possible efforts. In addition to cases usually recognised by the case law of the French courts and tribunals, the following are expressly considered as force majeure or fortuitous events: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, interruption of telecommunications networks, or difficulties specific to telecommunications networks external to customers.

The parties shall consult each other in order to examine the impact of the event and agree on the conditions under which performance of the contract shall continue. If the force majeure event lasts for more than three months, these Terms and Conditions may be terminated by the injured party.

ARTICLE 16 – Intellectual property

The content of the website remains the property of the seller, who is the sole holder of the intellectual property rights to such content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.

ARTICLE 17 – Privacy policy and personal data

The personal data provided by the buyer are necessary for processing the order and issuing invoices.

They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.

The buyer has a permanent right of access, modification, rectification and objection with regard to information concerning them. This right may be exercised under the conditions and according to the methods defined on the ZenMotion website.

For more details, see: https://www.zenmotion.yoga/policies/privacy-policy

ARTICLE 18 – Partial invalidity

If one or more provisions of these Terms and Conditions are held to be invalid or declared invalid pursuant to a law, regulation, or final decision of a competent court, the remaining provisions shall retain their full force and effect.

ARTICLE 19 – No waiver

The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these Terms and Conditions shall not be interpreted in the future as a waiver of such obligation.

ARTICLE 20 – Headings

In the event of any difficulty in interpretation between any of the headings appearing at the head of the clauses and any of the clauses themselves, the headings shall be deemed not to exist.

ARTICLE 21 – Language of the contract

These Terms and Conditions of Sale are drafted in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 22 – Mediation and dispute resolution

The buyer may resort to conventional mediation, in particular through the Commission de la médiation de la consommation or through existing sector-specific mediation bodies, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute. The mediator’s contact details are available on our website.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution platform facilitating the independent out-of-court resolution of online disputes between consumers and traders within the European Union. This platform is available at the following address: https://webgate.ec.europa.eu/odr/

ARTICLE 23 – Applicable law

These Terms and Conditions are governed by French law. The competent court is the Judicial Court.

This applies both to substantive rules and procedural rules. In the event of a dispute or claim, the buyer shall first contact the seller in order to seek an amicable solution.