GENERAL TERMS AND CONDITIONS OF SALE AND USE
ARTICLE 1 – INTRODUCTION
The www.zilli.com website (hereinafter the “Site”) facilitates the purchase of ready-to-wear items, leather goods, Zilli brand shoes and gift cards (hereinafter the “Articles”) by any natural person acting as a consumer (hereinafter the “User”).
The Site is published and administered by MAISON ZILLI, acting under the commercial name “ZILLI”, a simplified stock company with capital of € 3 000 000, identified under number 908.785.314 RCS LYON, which has its head office at 12 Chemin des Gorges, Dardilly (69570), email :concierge@zilli.com- represented by its President, acting in that capacity at said head office. Its registration number is 908 785 314 and its intra-community VAT number is FR40908785314.
ZILLI markets the Articles worldwide through its network of boutiques.
ARTICLE 2 – ACCEPTANCE AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
The ZILLI general terms and conditions of sale and use (the “GTCSU”) apply to any purchase and use effectuated by a consumer on the Site. These GTCSU define the terms and conditions under which ZILLI allows Users to use the Site and access its content and services. The GTCSU are in effect as of May, 1st 2024.
The User represents that he is of legal age or has a parental authorization that bestows the legal capacity to enter into a contract.
The User acknowledges that he has read the GTSCU on the Site, or the services available thereon, and that, in validating the opening of his account and in ticking the box “I have read the general terms and conditions of sale and use on the www.zilli.com website and I accept them in their entirety”, he unconditionally accepts all of them.
If the User does not accept, or only partially accepts, the GTSCU, it is the User’s responsibility not to enter or use the Site, or to cease any use of the Site.
ZILLI reserves the right to change these GTSCU at any time, particularly to consider technical evolution of the Site and changes in legislation.
Such changes take effect the moment they are posted online.
ARTICLE 3 – ACCESS TO AND USE OF THE SITE
In accessing and using the Site, the User is assumed to have read the GTSCU beforehand and has unconditionally accepted them.
To use the sales services, the User creates a user account (hereinafter the “User Account”) by means of a login and a password.
The User guarantees that the information he directly or indirectly provides regarding his identity and contact data is accurate, up-to-date, and complete. In particular, he commits to be the owner of the email address provided when creating his User Account. The User also commits to update the information transmitted on his User Account, as soon as any of it is modified, to keep it accurate.
The User Account is strictly personal, and the User commits not to allow a third party to use it directly or indirectly, particularly by keeping the information regarding his/her login and password personal and confidential.
The Articles offered for sale are intended to be sold only to non-professional individuals who are “consumers” of legal age and have full legal capacity to enter a contract. Sales are therefore intended for strictly personal use.
Articles ordered on the Site may be shipped only to the following countries: Metropolitan France and the United Kingdom; the member States of the European Union; and worldwide, except for China and Russia.
ZILLI reserves the right not to execute orders placed by persons who are not consumers and/or do not comply with its sales policy.
Similarly, ZILLI is entitled to refuse any abnormal order or any order from a User with whom there is a dispute related to payment for a previous order. ZILLI defines an abnormal order as an order for more than 5 Articles per category (Ready-to-wear, Leather Goods, Accessories, Gift Cards) or for more than 3 Articles for the same reference.
The User acknowledges that ZILLI reserves the right to suspend or terminate his access to the User Account if he fails to comply with these GTCSU or provides false, inaccurate, incomplete, or obsolete data; or if the User Account is used by a third party.
Under no circumstance shall ZILLI be held liable for errors, omissions or inaccuracy in the information transmitted by the User under his sole responsibility.
The User commits to use the Site in good faith. In that regard, the User, in using the Site, is prohibited from carrying out any acts that might be contrary to French law and/or infringe public policy or third parties’ rights.
The User is prohibited from selling Articles purchased from ZILLI.
ARTICLE 4 – PURCHASE OF AN ARTICLE BY THE USER
4.1. How to order
To purchase an Article on the Site, the User must connect to his User Account.
The User fills his virtual basket, clicks on the “Order” button and provides the information related to his address for delivery, the mode of delivery selected and the mode of payment. The User may verify the detail of his order and its total price before validating his purchase.
The Articles’ main characteristics are displayed on the Site.
The User acknowledges that -- having received complete information regarding the Articles, particularly their characteristics, specifications or even maintenance, prior to placing his order --he makes his purchase knowledgeably.
If the order is not definitively validated, the User may verify, change and/or correct it.
An email acknowledging receipt of the order and the payment thereof is sent to the User.
In accordance with the applicable regulations, ZILLI archives orders on a reliable medium.
The Articles are offered subject to stocks thereof being available.
However, if an Article becomes unavailable after the order, ZILLI reserves the right to cancel it by advising the User. In that event, ZILLI will reimburse the price paid by the User, without the latter having the right to claim any compensatory indemnification.
Only shipped Articles will be debited.
4.2. Prices of Article
In accordance with article L.111-1 of the Consumer Code, the sale prices for each Article are stated in euros, all taxes included, excluding delivery and transport costs, which are billed in addition and are indicated before the order is validated. The total amount owed by the User is specified on the page of confirmation of the order.
The prices are stated in euros, all taxes included, for Users residing in the European Union.
For deliveries outside of the EU, the User must pay any import duties and taxes that are applicable. The User acknowledges that he obtained information in that regard from the competent local authorities before placing the order.
4.3. Payment
Unless the server is unavailable, the User pays for his order, after the definitive validation thereof on the Site, by a bank card (only Carte bleue, Visa, Mastercard and American Express) issued on an account held in Metropolitan France (including Corsica), the United Kingdom, or any member State of the European Union. The User enters his card number, the expiration date, the name of the card’s holder and the visual cryptogram (the last three or four numbers appearing on the back of his bank card).
The payment is made via the secure server of STRIPE, a secure payment operator. That implies that no bank information regarding the User transits via the Site. The payment by bank card is therefore completely secured.
All orders are payable in euros, all mandatory taxes and contributions included
The bank card is debited upon the User’s validation of the order.
The commitment to pay is irrevocable.
The payment may also be made via a gift card issued by ZILLI.
The User must tick the corresponding box and fill in the information related to said gift card.
The User may also pay for his order via PayPal or Apple Pay.
The User guarantees ZILLI that he has the necessary authorizations to use the mode of payment selected at the time of validation of the order. If the bank refuses payment, the order will automatically be cancelled.
The pUrchase invoices are sent by email to the email address given by the User at the time of registration of his order on the ZILLI site.
For prevention of fraud on the Internet, information related to an order is verified by the payment partner designated by ZILLI: STRIPE, a secure payment operator. That company is responsible for storage and automated processing of information related to each order, including bank card identification data in a secure environment.
The information regarding orders is subject to automated data processing, for which STRIPE is responsible. The purpose of this automated data processing is to define a level of analysis for a transaction and prevent payment fraud, particularly bank card fraud.
STRIPE and ZILLI receive data regarding the User’s order. A failure to transmit data related to the User’s order prevents the completion and analysis of a transaction.
If an amount owed is unpaid due to a fraudulent use of a bank card or other means of payment, data related to the order associated with this unpaid amount will be registered in a “default in payment” file held by STRIPE. An irregular declaration or abnormality may be subject to particular processing.
4.4. Transfer of ownership
The transfer of ownership of Articles to the User occurs only after full payment of the price, regardless of the date on which the Articles are delivered.
4.5. Conditions for delivery and receipt of Articles
The delivery of Articles may be made throughout the world except for China and Russia.
Also, the User is informed that products made from exotic skins (crocodile leather, lizard leather, snake leather, ostrich leather, etc.) are subject to customs verification outside the European Union. Hence, they may be subject to a request for a certificate of origin or a CITES (French term referring to International Trade in endangered species of wild fauna and flora) certificate.
Products categorized as "Hazardous Merchandise" such as perfumes may be delivered by DHL only in the following countries: Albania, Andorra, Argentina, Aruba, Austria, Bahamas, Bahrain, Belgium, Benin, Bermuda, Bolivia, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Cambodia, Cameroun, Canada, Canary Islands, Cayman Islands, Chile, Colombia, Costa Rica, Ivory Coast, Croatia, Curacao, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Gabon, Germany, Ghana, Greece, Guatemala, Guernsey, Equatorial Guinea, Hong Kong, Hungary, Iceland, Indonesia, Iraq, Republic of Ireland, Israel, Italy, Jamaica, Japan, Jersey, Kenya, Korea, Kuwait, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, Macao, Malaysia, Mali, Malta, Martinique, Mexico, Republic of Moldavia, Monaco, Morocco, Myanmar, The Netherlands, Nicaragua, Niger, Nigeria, Norway, Oman, Panama, Peru, Philippines, Poland, Portugal, Porto Rico, Romania, San Marino, Saudi Arabia, Senegal, Republic of Serbia, Singapore, Slovakia, Slovenia, Spain, St. Martin, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad and Tobago, Turkey and Caicos Islands, Uganda, United Arab Emirates, United Kingdom, United States, Uruguay, Venezuela, Vietnam.
The User may have Articles delivered to an individual of his choice whose permanent address is also in Metropolitan France, the United Kingdom, or any member State of the European Union.
For security, ZILLI does not process any order for which a poste restante, a post office box, a pickup station or a hotel address is specified.
The date scheduled for delivery of Articles is specified at the time of confirmation of the order. In any event, delivery shall be made within 30 days following validation of the order, subject to full payment of the price.
The costs of standard delivery (delivery within 3-4 business days) are covered by ZILLI for any order exceeding € 200, all taxes included. Otherwise, there is a € 50 flat rate for delivery.
If the User wants a specific time for delivery: e.g. express delivery, etc., he may be charged additional costs, the amount of which is transmitted to him prior to validation of the order.
Upon delivery, the User must verify the conformity and condition of his order in the presence of the carrier. If necessary, he states any useful reservations regarding visible defects (particularly missing articles, damaged parcels, etc.). If any defects are found, the User must comply with the provisions of article 4.8 hereinafter.
4.6. Transfer of risks
The transfer of risks occurs at the time that the User or a designated third party -- other than a carrier proposed by ZILLI -- physically takes possession of the Articles.
4.7. Right of retraction
For any purchase on the Site, the User may exercise a right of retraction within fourteen (14) calendar days following the day on which the User or a designated third party - – other than a carrier proposed by ZILLI – physically takes possession of the Articles.
To exercise that right, the User must, within the aforesaid time, contact the customer department at the following email address: concierge@zilli.com, and inform it of his decision to retract by sending it the retraction form appended to the GTCSU, or a declaration that very clearly states his intention to retract.
If the right of retraction is properly exercised, ZILLI reimburses the User for all of the sums paid within fourteen (14) calendar days following the date of ZILLI’s receipt of the Article. The reimbursement is made by a credit on the bank card that was used to make the payment, the issuance of a credit or a credit on the gift card that was used to make the payment.
ZILLI does not reimburse specific delivery costs. The return costs are covered by ZILLI.
For international delivery outside of the European Union, ZILLI refuses the returns of products that require a permit for the importation of endangered species of wild fauna and flora.
Returned Articles must be returned intact, complete and in their initial packaging; otherwise, ZILLI reserves the right not to refund the price.
Apart from the right of retraction, the User is advised that ZILLI does not exchange any Articles.
In accordance with article L.221-28 of the Consumer Code, the right of retraction cannot be exercised for Articles made pursuant to the User’s specifications or clearly customized; or for Articles that have been opened by the User after delivery and which cannot be returned because of the need to protect hygiene or health, particularly in the case of perfumes.
4.8. Guarantees
ZILLI is liable for defective conformity of Articles purchased by the User on the Site, under the conditions of articles L. 217-1 et seq. of the Consumer Code, and for hidden defects under the conditions of articles 1641 et seq. of the Civil Code.
Pursuant to the legal guarantee of conformity, the User:
- has two years from delivery of the item in question within which to act.
- may choose between repair or replacement of the Article in accordance with article L.217-9 of the Consumer Code, subject to the cost conditions specified in article L. 217-12 of the Consumer code;
- is exempt from providing proof of a failure in the Article’s conformity during this period of two years.
The User may decide to put into play the guarantee against hidden defects in the items sold as defined by article 1641 of the Civil Code. In that event, the User may choose between cancellation of the sale or a reduction of the sale price in accordance with article 1648 of the Civil Code.
4.9. After-sale service
ZILLI has a dedicated service available to the Customer, to assist him and respond to any request for information or any complaint.
To that end, the Customer sends the ZILLI Customer Department the contact form available on the Site or at the ZILLI address, Customer Department, 48 rue François 1er, 75008 Paris, France, to obtain more information regarding this service.
ARTICLE 5 – FORCE MAJEURE
ZiIli disclaims any and all liability in the event of force majeure, particularly a failure or a strike by suppliers or IT service providers, or any situations that might disrupt delivery of the Articles or IT flows.
ARTICLE 6 – LIABILITY
Under no circumstance shall ZILLI be held liable for the User’s failure to execute his contractual obligations or for improper execution thereof, particularly when entering the order.
ZILLI shall not be held liable particularly for the User’s misuse of the Articles, negligence, lack of maintenance or defective storage, and no guarantee will be applicable thereto.
ARTICLE 7 – INTELLECTUAL PROPERTY RIGHT
The Site is entirely ZILLI’s property. All of the content published on the Site, including any works, images, music, sounds, photographs, videos, dialogues, writings, texts, animations, drawings, figures, layouts, colours, formatting and graphics, menus, Internet pages, programmes, methods, processes, logos, graphic charters, databases, software, belong to ZILLI and are protected by the provisions of the Intellectual Property Code (particularly copyrights, design rights and trademark rights).
The User commits to refrain from reproducing, publishing, distributing, posting, changing, or creating derivative works, or exploiting any of the Site’s Content in any way without ZILLI’s express written agreement beforehand.
ZILLI has the exclusive right to authorize or prohibit direct or indirect, temporary, or permanent reproduction of any of the Site’s content, regardless of the mode or form thereof, and oppose any use, deformation or modification of the Site’s content.
None of the provisions of these GTCSU shall imply any transfer of any of ZILLI’s proprietary or operating rights in the Site.
Users expressly agree not to put online, download, integrate, publish, register, send, transmit or make available any content that might infringe any copyright, patent, trademark, trade secret or other intellectual (and/or industrial) property rights. In particular, Users commit to refrain from downloading data that ZILLI directly or indirectly puts or makes available on the Site, except for data expressly indicated as downloadable by ZILLI.
Users commit to respect any intellectual property rights of ZILLI and third parties.
ARTICLE 8 – PERSONAL DATA
The processing of Users’ personal data is described in ZILLI’s confidentiality policy.
ARTICLE 9 – LINKS TO OTHER WEBSITES
The Site may contain links to third parties’ websites, over which ZILLI has no control. Access to these links is provided to Users only for indicative purposes.
ZILLI assumes no liability with respect to the content of those sites or the content to which they may be linked.
The existence of links to these sites does not mean that ZILLI approves the content thereof in any way.
Only Users are liable with respect to any transmission of information that involves them, and to transactions they carry out on third parties’ websites.
ARTICLE 10 – LINKS TO THE SITE
The creation of links to the Site may be effectuated only with ZILLI’s prior written authorization, which may be revoked at any time.
A User that wants to insert a link to the Site’s home page and/or other Internet pages that are accessible to the public must ask for ZILLI’s authorization via the form available on the Site in the “Contact Us” section.
ARTICLE 11 – WARNING REGARDING THE CONTENT
ZILLI takes measures to ensure that the Site’s content – which it may change at any time without advance notice – is accurate, and that the Site does not contain incorrect or obsolete information.
However, under the conditions and within the limits set by the applicable law, ZILLI shall not be held liable with respect to the accuracy and completeness of the Site’s content, except in the event of intentional tortious misconduct or gross negligence.
ARTICLE 12 – INVALIDITY
If any of these GTCSU are deemed to be invalid or null and void pursuant to a law or regulation, particularly EU law, or following a final decision of a competent court, such provisions will be removed without affecting the validity or applicability of the other provisions.
ARTICLE 13 – APPLICABLE LAW
These GTCSU are governed by French domestic law.
ARTICLE 14 – CONSUMER AFFAIRS MEDIATOR
In the event of a dispute, and before submitting it to the consumer affairs mediator, the User must contact ZILLI by email at the following address concierge@zilli.com to attempt to amicably resolve the dispute between the User and ZILLI.
If the dispute is not amicably resolved within two months following his written complaint as specified in the preceding paragraph of this article, the User may submit the matter free of charge to a consumer affairs mediator, which must be done within one year following the initial complaint.
To that end, the User contacts Centre de Médiation et d'Arbitrage de Paris (“CMAP”), the consumer affairs mediator designated by ZILLI :
- by email : www.cmap.fr/consommateurs
- or by post : CMAP – Service Médiation de la consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris - France.
The User may also contact the online European platform for disputes via the following link: https://ec.europa.eu/consumers/odr
APPENDIX 1 – RETRACTION FORM
To be returned within 14 days following the taking of the Article into possession:
By post:
Maison Zilli
Service E-commerce
12, Chemin des Gorges
69570 DARDILLY
Or
By email : concierge@zilli.com
I, the undersigned ___________________________ (User’s name), give you notice of my decision to retract the order __________ dated __________, numbered __________.
User’s name: ____________________________,
User’s email address:_______________________________,
________________________________,
Executed on ________________,
In ________________,
User’s signature