These conditions of sale have been established by Elisa Ellsworth, manager of The Zappy Penguin, whose registered office is located in Constantí, Spain
The company is registered in the commercial register and in the business directory under the VAT number ESY8124997P
They are valid for any individual Buyer (or professional not reselling the purchased product) placing an order in any way whatsoever with thezappypenguin.com, or at trade shows.
The acquisition of a product through this site or in any way whatsoever implies unreserved acceptance by the buyer of these conditions of sale.
These conditions of sale shall prevail over any other general or specific conditions not expressly approved by Elisa Ellsworth.
The Zappy Penguin reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of validation of the order by the Buyer.
The Customer declares to be at least eighteen (18) years old and to have the legal capacity or to hold parental authorization allowing him to place an order on thezappypenguin.com, Zero Waste sewing e-boutique, accessories and bespoke creations. The customer acknowledges having read, at the time of placing the order, the special conditions of sale by clicking on the box "Validate the general and special conditions of sale".
2. CHARACTERISTICS OF THE PROPOSED GOODS AND SERVICES
The products and services are those which appear (within the limit of available stocks) on the site.
The photographs of the site are as faithful as possible but cannot ensure a perfect similarity with the product offered.
3. OUR GUARANTEES
We guarantee quality and transparent customer service and claim a paradoxically local distance selling site through quality customer service: your only commercial contact will be Elisa Ellsworth (manager of The Zappy Penguin).
All products supplied by The Zappy Penguin benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code.
In the event of non-compliance of a product sold, it may be returned and The Zappy Penguin will refund, credit or exchange the item.
All complaints, requests for exchange or reimbursement must be made by email or by post within fifteen days of delivery.
Attention, as long as you do not have validation from us, your complaint is not taken into account.
4. PRICES OF OUR PRODUCTS AND SERVICES
The prices are indicated in euros including VAT, and taking into account the VAT applicable on the day of the order; any change in the rate may be passed on to the price of the products or services.
The Zappy Penguin reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the Buyer.
For greater transparency, the prices indicated do not include the delivery costs of the order.
Any order implies express and irrevocable acceptance of the prices and descriptions of the products available for sale.
The Buyer, who wishes to buy a product or service must:
– fill in all the details requested when ordering;
– validate his order after having checked it;
– make the payment under the conditions provided;
– confirm their order and payment.
Confirmation of the order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of its own conditions of purchase or other conditions.
All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
The seller will communicate by e-mail confirmation of the registered order.
An order will be considered final once payment has been received by The Zappy Penguin, and accepted by its bank.
Buyers, individuals, benefit from a withdrawal period in accordance with the Consumer Code – Article L121-20 by Ordinance No. 2001-741 of August 23, 2001: “… The consumer has a period of seven clear days (14 days from 2014) to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs. The period mentioned runs from receipt for the goods or acceptance of the offer for the provision of services. »
When the period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. For example: in the event of receipt of the goods on January 10, the withdrawal period runs from January 11 to 17 inclusive. As of the 18th, withdrawal is therefore no longer possible; if the 17th is a Saturday, the period runs until Monday the 19th.
All returns must be notified in advance by email to The Zappy Penguin, and sent to The Zappy Penguin, Elisa Ellsworth, PO Box 2, 43130 Sant Salvador, Spain
It will be necessary to return the various articles in perfect condition.
In order to guarantee the correct reception of the item(s) by The Zappy Penguin, the return must be made by letter followed or Colissimo, or any other formula allowing the traceability of the package.
The Buyer will be reimbursed, within a maximum period of 30 days, of the price of the items, but all shipping costs remain at his expense.
In the event of replacement by one or more other items, if the price difference is in favor of The Zappy Penguin, it will be paid by the Buyer by PayPal or credit card, before the new shipment; if the price difference is in favor of the Buyer, The Zappy Penguin will send the refund of this difference within 30 days.
If, because of the purchaser, the product has suffered damage, if it is incomplete, or if the packaging has been degraded, The Zappy Penguin will indicate whether this return is accepted (in the event of refusal, the product will be returned to the client).
If The Zappy Penguin accepts the return, the refund can only be partial due to the cost of reconditioning the product to make it suitable for resale. The Zappy Penguin will inform the customer of the amount to be reimbursed corresponding to the sale price paid by the Buyer minus the costs of reconditioning.
Failure to comply with the procedure set out above and the deadlines indicated, the Buyer may not make any claim for non-compliance or apparent defect of the products delivered, the products then being deemed to be compliant and free from any apparent defect.
Any order canceled before the departure of stocks will be canceled and fully refunded. All you have to do is contact our services.
SPECIAL CASE: made-to-measure items are neither exchangeable nor refundable.
If the cancellation of an order for a made-to-measure item occurs after printing, it cannot be taken into account, even if the shipment has not yet been made.
Any risk related to the return of the product is the responsibility of the Buyer.
7. PAYMENT TERMS
The price is payable when ordering.
Payment for products can be made by bank transfer, credit card (Via STRIPE) or PayPal transfer, subject to all necessary verifications. Until effective receipt of all the sums due to it, The Zappy Penguin remains the owner of the products delivered and reserves the right to recover them by any means at its disposal in the event of default in the final payment.
Presentation of payment methods:
- Paypal transfer: to the following address email@example.com
- By transfer: a transfer can be made by indicating the invoice number in the wording and from the bank details indicated on the invoice.
- By credit card via STRIPE
Note: the items in your order are “reserved” for one week. After this time, and without having received your payment, your order will be cancelled. You will be notified by e-mail.
An electronic invoice will be sent to the e-mail address indicated when ordering.
Whatever the method of payment, the order will be shipped only upon receipt of payment.
8. CATCHMENT AREA
The online sale of the products presented on the site is offered to buyers residing all over the world.
9. DELIVERY AND SHIPPING COSTS
The Zappy Penguin undertakes to deliver the items ordered and in stock as soon as possible. The delivery time for an item in stock is 3 to 5 working days. The delivery time for an item made to order is one to two weeks. These times may vary during busy periods, especially before Christmas.
* Shipping corresponds to the processing time at our premises, to which must be added the carrier's delivery time.
In the event of temporary unavailability of the product, and if the new date of receipt communicated does not suit the Buyer, the latter will have the possibility of canceling his order and he will be reimbursed within thirty days, in accordance with the article L 121-20-3 of the consumer code.
Deliveries are made to the address indicated in the order form.
The delivery address may be different from that of the invoicing, for example for an order to be offered.
The risks incurred are borne by the Buyer from the moment the products leave the premises of The Zappy Penguin.
POSTAL DELIVERY: orders sent in letter format will be deposited in the mailbox. Orders sent in package format are delivered by hand by the postman. In the event of the Buyer's absence, a slip will be left in his mailbox and the buyer will be invited to go to the post office closest to his home (upon presentation of an identity document).
The Zappy Penguin cannot be held responsible for non-performance of the contract in the event of out of stock or unavailability of the product due to a case of force majeure, disruption or total or partial strike, in particular of postal services and means of transport. and/or communications.
The Zappy Penguin could in no way be held responsible for the consequences of a delay in delivery for the customer in the event of force majeure, or in the event of a delay in delivery due to the carrier.
In the event of a delivery error (addressing error), The Zappy Penguin undertakes to reimburse or replace any item delivered that does not correspond exactly to the item ordered. In this case, The Zappy Penguin also undertakes to assume the cost of returning the item that does not comply with the order as well as the cost of reshipping the item initially ordered. The non-compliant item must be returned in perfect condition.
Delivery is considered to have been made on the date of receipt by the buyer.
The Zappy Penguin declines all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products, bad weather or strikes. However, an arrangement with the Buyer can always be found on a case-by-case basis.
10. PACKAGES AND/OR GOODS DAMAGED DURING TRANSPORT
The Zappy Penguin taking the greatest care in the packaging and protection of the items, cannot be held responsible for the degradation of the products occurring during transport.*
In the case where the Buyer has chosen delivery against signature, he has the obligation to check the conformity of the goods delivered at the time of delivery, before signing the delivery slip.
For postal services: It is therefore the buyer's responsibility to have the postman or the Post Office draw up, before opening the package, a spoliation report or report in the event of damage to your package.
This document is essential for any subsequent complaint to the postal services. If the package was really badly damaged, we recommend that you check its contents and possibly refuse it so that we can file a complaint with the Post Office and consider with you what solution to adopt...
Without reservation, the parcel is deemed to have been delivered in good condition and cannot be the subject of any subsequent dispute.
We advise, however, to open your package in the presence of the delivery person in case the goods have been damaged during transport.
If the Buyer notices an anomaly, he must then issue written reservations in the presence of the deliverer.
In case of refusal of authentication by the deliverer, the Buyer must refuse the damaged package, and notify us as soon as possible.
In all cases, the buyer must inform The Zappy Penguin by email or post of the nature of the damage, with supporting photos.
Attention: A package with damaged contents during transport must imperatively be refused to the delivery service for a return to our headquarters. From the moment the package is opened, the return costs are the responsibility of the Buyer, otherwise the costs are borne by La Poste.
Any risk related to the return of the product is the responsibility of the Buyer.
*for La Poste only:
The Zappy Penguin will open an investigation with the postal services and consider, in agreement with the customer, a refund or replacement of the damaged goods.
No refund or replacement of goods can be offered if the customer has accepted the damaged goods, and if he has not noticed the deterioration of the package with the postman.
The Zappy Penguin undertakes to resend the order again, depending on available stocks or, failing that, to make a credit note available to its customer. Transport costs will be borne by the buyer.
For this, a sworn statement must be sent to The Zappy Penguin by mail to the address of our headquarters within 24 hours (postmark as proof). This sworn statement must relate the facts, delivery date, order number and clearly indicate that he has issued written reservations and whether he has opened the package or not. He will of course have to specify his name, first name & full contact details.
11. UNCLAIMED PARCEL
Any unclaimed package (at the post office or relay point) within 10 days will be returned to our headquarters.
For deliveries to a relay point, the packages are kept on site for 10 days (including the day of return of the package = when the carrier recovers it), in the event of non-removal, the package will be returned to The Zappy Penguin. The customer must reimburse the return costs to The Zappy Penguin upon receipt of the invoice within 15 working days.
At the request of the customer, and after return of the parcel(s) to our head office: a credit note for the product(s) ordered will be set up after deduction of the return costs incurred or even reshipped after payment of the additional delivery costs incurred.
The Zappy Penguin, in the online sales process, is only bound by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
The Zappy Penguin cannot be held responsible for the non-performance of the contract concluded in the event of out of stock or unavailability of the product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications. , flood or fire.
13. INTELLECTUAL AND COMPUTER PROPERTIES
All elements of The Zappy Penguin site are and remain the exclusive intellectual property of Elisa Ellsworth.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
In other words: No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site whether they are software, source codes, texts, images, models or brands or other visuals. or audio tapes.
14. PERSONAL DATA
In accordance with the law relating to data processing, files and freedoms of January 6, 1978, information of a nominative nature relating to the buyer may be subject to automated processing.
Buyers may object to the disclosure of their details by notifying L'atelier du caillou. Similarly, users have a right to access, rectify, oppose and delete data concerning them, in accordance with the law of January 6, 1978, amended in 2004.
In the event that the buyer wishes to delete his data from the customer file, he would lose any reduction and/or any gift voucher acquired beforehand.
The automated processing of information, including the management of the e-mail addresses of users of the site has not been declared to the CNIL.
15. ARCHIVING AND EVIDENCE
The Zappy Penguin will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized registers of The Zappy Penguin will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
16. APPLICABLE LAW AND SETTLEMENT OF POSSIBLE DISPUTES
The general and specific conditions of sale presented above are governed by French law. If one or more stipulations of these general and special conditions of sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.
This contract is subject to French law. The Zappy Penguin cannot be held liable for damages of any kind, whether material or immaterial, which may result from a malfunction or misuse of the products marketed.
The responsibility of The Zappy Penguin will, in any event, be limited to the amount of the order and may under no circumstances give rise to damages or compensation.
In order to prevent possible disputes, Elisa Ellsworth remains at your disposal by e-mail. A telephone number will then be expressly communicated to you.
Otherwise, the Commercial Court of Salon de Provence 13300 - France has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
Each request will be processed as soon as possible and we will try to provide the most appropriate response. Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to explain their positions.