Terms & Conditions

PREAMBLE

These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) are entered into exclusively between (1) the company ZAPA, registered with the RCS of Paris under the number 722024700, whose registered office is located at 8 bis rue Dieu, exclusive holder of the license to exploit the Zapa brand on the web (hereinafter referred to as “Zapa”) and (2) any person making a purchase on the website https://www.zapa.fr (hereinafter referred to as the “Customer”).

The Customer hereby formally declares that he/she is a private individual, not a professional or merchant, that he/she is of legal age or has parental authorization, and that he/she has full legal capacity to contract and place an online order on the https://www.zapa.fr website (hereinafter referred to as Zapa).

The Customer and Zapa agree that their relationship is governed exclusively by these General Terms and Conditions of Sale.

In this respect, the Customer acknowledges that any order validated by “double-clicking” implies irrevocable acceptance of these General Terms and Conditions of Sale. This validation by the Customer, combined with the authentication and non-repudiation procedure and the protection of message integrity, constitutes the manifestation of the unequivocal will of the Parties thus deemed to be signatories to the distance selling act.

Zapa reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. Each order shall be deemed to have been placed in accordance with the terms of the GSC.

ARTICLE 1: ORDER VALIDATION ON THE ZAPA SITE

To place an order on the Zapa website, the Client will be guided through the following steps:

- Selecting products on the site and adding them to the "Cart"

- Choosing a delivery method for the products displayed in the "Cart" when offered

- Reviewing a summary of the order, which can be modified, along with the total price

- Selecting a payment method

- Receiving an order confirmation email after payment acceptance, confirming the order registration

The order confirmation email sent to the Client confirms Zapa’s acceptance of the Client's order and the formation of the sales contract between the Parties.

ARTICLE 2: VALIDITY OF OFFERS - PRODUCT AVAILABILITY

Products displayed on the Zapa website at any given moment are generally considered to be available in stock at that same time, except for time-limited offers as expressly mentioned on the product page.

Products are described and presented as accurately as possible. The Client acknowledges and accepts that the delivered products may show minor differences from their presentation photograph.

This initial availability is checked after the order is accepted in payment and confirmed by the shipping email sent by Zapa. In case of unavailability of one or more products, Zapa commits to either propose a new delivery date for the ordered products or to refund the Client by re-crediting the payment method used during purchase, within 14 calendar days from the order payment. If a technical issue prevents the re-crediting of the payment method used, Zapa will propose to issue a bank check to the Client and send it by post to the billing address provided.

Product and price offers are those displayed during the checkout process represented by the "CART" page on the Zapa website. Thus, only the price indicated on this page, corresponding to the one billed to the Client at the time of the order, is binding and contractually obligates Zapa. Therefore, any typographical error on any other page that might occur on graphical and/or promotional elements within the site does not bind Zapa’s responsibility.

ARTICLE 3: PRICES

Prices displayed on the Zapa website are in euros (€) and include all applicable charges as may apply in mainland France at the time of consultation of said offers. The VAT applied is the one in force in France on the order date. Specific taxes, outside VAT, applicable according to regulations (such as furniture eco-tax or eco-tax participation), are only indicated on the cart page, the only page that is binding as indicated in the last paragraph of Article 2 above.

All product prices displayed on the Zapa website are exclusive of shipping costs or any other ancillary service. They include only the product price itself, as described and its packaging.

Zapa reserves the right to modify its prices at any time but agrees to apply the rates displayed at the time of the order, subject to availability on that date. The Client is informed that, in some cases, depending on the delivery location, additional taxes and customs fees may apply. The products remain the property of Zapa until full payment is received.

ARTICLE 4: PAYMENT

4.1 PAYMENT METHODS

Regardless of the payment method chosen among those accepted on our site, orders will only be considered recorded after payment validation or receipt. Therefore, as long as the payment is not validated by the chosen intermediary, the order cannot be processed by Zapa's services.

 4.1.1 INSTANT PAYMENT BY CREDIT CARD

Payment can be made using the following credit cards: Carte Bleue, VISA, MASTERCARD, MAESTRO, and American Express. The Client can consult the General Terms and Conditions of Sale and Use for each of these credit cards on our partners' websites. Choosing one of these payment cards implies tacit acceptance of the partners' general terms and conditions of sale and use. We invite our clients to review them, as Zapa cannot be held responsible for the conditions set by these independent partners.

Online payment by credit card is perfectly secure and allows the card number, expiration date, and security code to be entered with confidence in the spaces provided for this purpose. Indeed, credit card details are encrypted using the SSL (Secure Socket Layer) protocol and never transit in plain text over the network. Payment is made directly to the bank. Zapa has no access to these details and cannot store them on its servers. Therefore, they are requested again for each new transaction on our site.

 4.1.2 INSTANT PAYMENT BY PAYPAL

Payments by PayPal are accepted on the Zapa website and are made through the intermediary of the partner in question and according to its own general terms and conditions of sale and use of its services. Choosing this payment implies tacit acceptance of the partner's general terms and conditions of sale and use. We invite our clients to review them, as Zapa cannot be held responsible for the conditions set by these independent partners.

4.1.3 INSTALLMENT PAYMENTS

Installment payments are possible through Alma payment in 3 or 4 installments without fees*.

*Installment payments in 3 or 4 times apply to carts over 300 euros.

 4.2 ANTI-FRAUD MEASURES

Zapa reserves the right to verify the validity of the payment before shipping the order, by any means it deems necessary (including identity documents, proof of residence, etc.).

4.3 PAYMENT INCIDENT

Zapa reserves the right to refuse delivery or honor an order from a Client who has not fully or partially paid a previous order or with whom a payment dispute is ongoing. In case of fraud, Zapa reserves the right to remove any member without notice or compensation.

ARTICLE 5: DELIVERY

5.1 ORDER PREPARATION TIMES

Zapa reserves the right to subcontract all or part of the preparation and shipment of the order to a third party mandated for this service. All products sold by Zapa are considered available in stock, and orders are prepared within 5 working days from the first working day following the order registration as per these Terms and Conditions of Sale. Thus, orders placed on a Saturday, Sunday, or public holiday will be processed on the next working day.

All deadlines mentioned on the Zapa website are understood as firm deadlines. The ordered product is delivered to the address on the order form and registered as the "delivery" address. In case of an input error, notably an incorrect or incomplete delivery address, Zapa cannot be held responsible for delays or delivery impossibilities. All costs related to reshipping products due to a Client input error will be exclusively borne by the Client.

5.2 DELIVERY TIMES

Zapa reserves the right to choose the most appropriate shipping method depending on the nature, weight, and volume of the product, which the Client acknowledges and accepts.

Delivery times cannot exceed 30 working days from the date of payment validation by the Client (order registration date). The client will be informed of the delivery time when the order is confirmed. Delivery is completed when the Client or any third party designated by the Client signs the delivery receipt at the delivery address specified during the order; or when the items are deposited at a relay point or any other delivery point selected by the Client.

Delivery times cannot be guaranteed in cases of force majeure, as defined by law and jurisprudence. Delivery times do not account for potential Client payment verification procedures that might delay the order shipment (cf. provisions of Article 4.2). Announced deadlines start from the order registration. The expected delivery date is indicated at the order and on each of our product pages. This period is an average time corresponding to the service used for a delivery in mainland France. In case of absence, the Client will be responsible for retrieving the product from the concerned services.

5.3 DELIVERY TRACKING

The Client can track their order at any time using the order number provided in the email formally recording their order, in their "My Account" space on the Zapa website. This space allows precise tracking for each planned shipping method, the order, and its status, particularly regarding shipment or delivery.

It is reminded that all communication between the Client and the Zapa website is mainly carried out through email exchanges, so it is essential that the Client provides Zapa with a valid and regularly updated email address. Otherwise, Zapa cannot be held responsible for the consequences resulting from providing an incorrect or non-updated email address.

5.4 DELIVERY AREAS

Zapa currently delivers to mainland France, Belgium, Luxembourg, Ireland, Italy, Portugal, Poland, the Netherlands, Sweden, Hungary, Denmark, Finland, Germany, and Spain. Items are exclusively delivered to the delivery address indicated by the Client when placing the order. No modification of the delivery address can occur after the order has been confirmed by ZAPA.

5.5 SPECIAL DELIVERY METHODS

The delivery methods for Zapa products depend on their postal volumetric admission. When a product is admitted for postal volumetry, the Client will have the option to choose between a pickup at a Pickup Point, home delivery, or store delivery.

After validating these shipping methods and before making payment, the Zapa website will display a summary of the order by shipping method, to which the products in question are eligible according to the option chosen by the Client when offered. The cost of assigned or chosen shipping methods will be displayed before the order payment.

When the order is duly prepared and ready for shipment, the Client will receive an email regarding the shipment of each part of their order by the agreed shipping method.

5.6 STORE DELIVERY METHODS

Zapa offers the Client the option of choosing free store delivery (excluding department stores). This delivery method is only possible in eligible stores (limited list provided during the delivery method selection when placing the order). The Client is informed by email of the availability of their order in the selected store. They then have 15 calendar days from the receipt of their order to go to the store and collect their order. To collect the order, the Client must present themselves at the store

ARTICLE 6: RIGHT OF WITHDRAWAL

6.1. CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL

⇒ Time limit

In accordance with Article L.121-21 of the French Consumer Code, the Customer has 15 calendar days to exercise their right of withdrawal without having to provide any reason. The period begins on the day following the receipt of the order.

In the case of an order consisting of multiple goods delivered separately, or an order for goods composed of several lots or parts delivered over a defined period, the period begins upon receipt of the last item, lot, or part.

For contracts providing for the regular delivery of goods over a defined period, the period begins upon receipt of the first item.

⇒ Loss of the right of withdrawal

Pursuant to Article L.121-21-8 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts relating to:

1. The supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer’s prior express consent and waiver of their right of withdrawal;
2. The supply of goods or services whose price depends on fluctuations in the financial market beyond the professional’s control and likely to occur during the withdrawal period;
3. The supply of goods made to the consumer’s specifications or clearly personalized;
4. The supply of goods liable to deteriorate or expire rapidly;
5. The supply of goods which have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
6. The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
7. The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond the professional’s control;
8. Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by them, limited to the spare parts and work strictly necessary to respond to the emergency;
9. The supply of audio or video recordings or computer software which have been unsealed by the consumer after delivery;
10. The supply of newspapers, periodicals or magazines, except for subscription contracts;
11. Contracts concluded at a public auction;
12. The supply of accommodation services other than residential accommodation, transport of goods services, car rental services, catering services or leisure activities that must be provided on a specific date or period;
13. The supply of digital content not supplied on a tangible medium whose performance has begun after the consumer’s prior express consent and waiver of their right of withdrawal.

⇒ Condition relating to the condition of the product

Products must be returned in a condition suitable for resale, accompanied by any accessories and labels. If the original packaging is not available, the customer must ensure that the product is packaged in a way that provides equivalent protection during transport.

⇒ Return procedures

In order to exercise their right of withdrawal, the Customer has two ways to return their order (within 15 days after receiving the parcel):

1. In-store returns

Free returns may be made in store, only for items from the current collection available in stores.

Outlet and Last Chance items are not accepted in stores.

2. Online returns via prepaid label

To return an order, the Customer is invited to follow these steps:

1. Log in to their customer account;
2. Access the relevant order and click on “Print your return label”;
3. A flat fee of €5 will be deducted from the refund;
4. Complete the delivery note included in the order, specifying the reason and quantity of each returned item;
5. Place this document inside the parcel. Without this document, the return cannot be processed;
6. Drop off the parcel at a nearby drop-off point.

3. Online returns by post

The Customer may also return their order by post by following these steps:

1. Complete the delivery note included in the order, indicating the reason and quantity of the returned items;
2. Place this document inside the parcel;
3. Write the following return address on the parcel:

Dimotrans SAS for ZAPA

Zone Industrielle des Miels

25870 DEVECEY – France

1. Then drop off the parcel at a post office.

Please note that return shipping costs remain the responsibility of the Customer.

⇒ Refund terms

If the right of withdrawal is exercised within the above-mentioned period, and in accordance with Article L121-21-4 of the French Consumer Code, Zapa will reimburse the Customer for the price of the returned product(s) as well as the shipping costs within 14 calendar days from the date on which Zapa was informed of the Customer’s decision to withdraw.

The Customer will have 3 days from the date of the withdrawal request to return the product to the following address:

Dimotrans SAS for ZAPA

Zone Industrielle des Miels

25870 DEVECEY

Zapa nevertheless reserves the right to delay the refund until the goods have been recovered or until the Customer has provided proof that the goods have been sent back, whichever occurs first.

The refund will always be based on the amounts actually paid by the Customer, as indicated on the invoice. However, Zapa reserves the right to refuse reimbursement of additional delivery costs resulting from a delivery method expressly chosen by the Customer that is more expensive than the standard delivery method offered by Zapa.

Transport costs to be reimbursed will be calculated as if the Customer had never purchased the returned product(s).

Unless otherwise expressly requested by the Customer, Zapa will process the refund by crediting the payment method used for the original purchase. If this method cannot be used, Zapa will issue a bank cheque payable to the Customer for the amount due and send it by post.

⇒ Responsibility for return shipping costs

Return shipping costs are the responsibility of the Customer.

When the Customer uses the prepaid return label available in their customer account, a flat fee of €5 will be deducted from the refund.

If the Customer chooses to return the goods by their own means, in particular by post, the shipping costs remain entirely at their expense and under their responsibility, unless otherwise expressly provided in these General Terms and Conditions.

ARTICLE 7: ORDER CLAIMS

If, upon unpacking the products within 15 calendar days of receiving them, the Client discovers that a product does not conform to their order or the product description (e.g., wrong product, model, color, etc.), Zapa agrees to replace or refund the Client for all costs immediately upon confirmation of the defect.

To do so, the Client must contact the Zapa Customer Service to make a claim and follow the provided procedure. After receiving the duly returned product and confirming the reported non-conformity or damage, Zapa may, at its sole discretion:

- Send a new product to the Client, at no additional cost

- Refund the amounts paid during the purchase of this product

Any other potential defect during the product's "life" will be assessed through the after-sales service.

ARTICLE 8: AFTER-SALES SERVICE

Outside of commercial or legal guarantees, the Client can always contact Zapa Customer Service for questions regarding the use of a product, its maintenance instructions, or ordering a replacement part. The contact details for customer service are provided in Article 16.

ARTICLE 9: INTELLECTUAL PROPERTY

All elements of the Zapa website, whether visual or auditory, including the brand, logo, texts, photos, videos, and domain name, are protected by copyright, trademark law, or patents. The Zapa site publisher holds an exclusive license and exploitation contract granted by the owner. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to different, even more restrictive, provisions of the Intellectual Property Code. Any total or partial reproduction of the Zapa site or any of its audio, visual, or textual content is strictly prohibited without prior express written agreement.

ARTICLE 10: LIABILITY

For all stages of access to the site, the order process, delivery, customer service, or subsequent services, Zapa is only subject to a best efforts obligation. Consequently, Zapa cannot be held liable for any inconveniences or damages inherent in the use of the Internet, such as service interruptions, external intrusions, or the presence of computer viruses, or any event classified as force majeure, in accordance with case law.

Additionally, Zapa cannot be held responsible if the order does not succeed or if they are prevented from fulfilling any of their obligations due to a force majeure event as defined by case law, including in the case of weather conditions preventing the order from being delivered.

ARTICLE 11: ENTIRETY

If any clause of this contract is declared null by a change in legislation, regulation, or by a court decision, this shall not in any way affect the validity and compliance with all other provisions of these General Terms and Conditions of Sale.

ARTICLE 12: DURATION

These General Terms and Conditions of Sale apply for the duration of the online services and products offered by Zapa.

ARTICLE 13: EVIDENCE

Computerized records, kept in Zapa's and its partners' computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the Parties.

ARTICLE 15: DISPUTES

These conditions are subject to French law. In case of a dispute, Zapa and the Client will attempt to resolve it amicably, either through conventional mediation or any other alternative dispute resolution method. In case of failure, only French courts will be competent.

ARTICLE 16: ZAPA CUSTOMER SERVICE

For any information or questions, the Zapa Customer Service is available to the Client:

- By phone at 01.53.19.20.29, from 9:30 am to 5:30 pm

- Electronically via the contact form, after logging into the "My Account" area. For all subsequent electronic correspondence, to facilitate and expedite the processing of requests, it is necessary to use the email address used for the Client account.

- Finally, by mail at the following address: serviceclients@zapa.fr

ARTICLE 17: IT AND FREEDOMS PROVISIONS

17.1 PERSONAL DATA PROTECTION

The personal and confidential data you provide when using the service is strictly necessary for managing your account, using the service, technical support, the proper functioning and improvement of the service and its features in accordance with these Terms and Conditions, and for managing the sending of the Newsletter by ZAPA to users who have given their consent. In addition, ZAPA may carry out studies and statistical analyses on the use and user types of the service.

This personal data is intended for ZAPA. It will not be sold or rented to third parties without your express prior consent. It is stored within the European Union for the duration of your contractual relationship with ZAPA, and then archived where there is a legal or regulatory obligation to do so.

In accordance with Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and with the French Data Protection Act of 6 January 1978, you have the right to access, rectify, complain, delete, transfer, object to, and limit the processing of your personal data. You also have the right to define guidelines regarding the retention, deletion, and communication of your data after your death.

To exercise these rights, you may send an email or postal mail including all supporting documents proving your identity (e.g. company registration or trade directory extract and proof of identity), to the attention of ZAPA’s Data Protection Officer, at the following addresses:

By email: dpo@zapa.fr

By mail:

ZAPA

Data Protection Officer

8Bis rue Dieu

75010 Paris, France

17.2 USE OF COOKIES

A cookie is a text file stored on your computer or mobile device when visiting a website, an application, or an online advertisement, and saved in a specific location on your device's hard drive. Cookies are managed by your web browser and only the issuer of a cookie can read or modify the information it contains.

An information banner is displayed, allowing you to refuse cookies. However, refusing cookies or similar tracking technologies may affect access to certain features, pages, and/or sections of the site, which you expressly acknowledge and accept.

Cookies have a limited lifespan, which cannot exceed 13 months. Their placement and storage on your device are done in compliance with applicable laws and based on your expressed preferences, which you can modify at any time.

A cookie does not personally identify you. It enables its issuer to recognize your device and collect certain data related to your browsing from that device.

Cookies serve several functions, such as enabling you to browse the site efficiently, remembering your preferences and shopping cart items, and displaying relevant advertisements based on your expressed interests during browsing.

Cookies placed by ZAPA, subject to your preferences, allow us to access the following information:

Identifiers of your device (e.g. IP address, Android ID, Apple ID)

Operating system used by your device (e.g. Microsoft Windows, Apple OS, Linux, Unix, BeOS)

Type and version of the browser software used (e.g. Microsoft Internet Explorer, Apple Safari, Mozilla Firefox, Google Chrome)

Dates and times of your connection to our site

Referring URL (the web page from which you arrived)

Browsing data on our services, content viewed

In the event of a dispute, you are entitled to lodge a complaint with any competent supervisory authority. For more information about our cookies, please click the following link: https://www.zapa.fr/cookies.php

17.3 GOOGLE ANALYTICS

ZAPA reserves the right to track visitors’ use of the Site using the web analytics service Google Analytics provided by Google Inc. Google Analytics uses cookies (see section above).

The data generated by these cookies relating to use of the Site (including IP addresses) will be transmitted to and stored by Google Inc. on servers located in the United States. This data will be used to analyze site usage, compile reports on site activity for ZAPA, and provide other services related to internet usage and activity on the Site.

Google Inc. may communicate this data to third parties if required by law or when such third parties process the data on its behalf, including the publisher of this site. Google Inc. will not associate your IP address with any other data it holds. You can disable cookies by selecting the appropriate settings in your browser. However, disabling cookies may prevent access to some features, pages, and/or sections of the Site, which you expressly acknowledge and accept.

By using the Site, you expressly consent to the processing of your personal data by Google Inc. under the conditions and for the purposes described above.

17.4 NEWSLETTER

Your data may also be used for sending newsletters by ZAPA, subject to your consent.

Please note that the email address you provide will be added to a mailing list managed by ZAPA and stored in a file for which ZAPA is the data controller. If you are subscribed, ZAPA will regularly send you a newsletter containing news about the brand.

You may withdraw your consent for marketing communications at any time by visiting the "My Account" section and managing your subscription preferences under "Newsletter Preferences", or by clicking the unsubscribe link included at the bottom of each newsletter.

ARTICLE 18: WHAT IF WE DISAGREE?

We certainly hope it won’t happen, but disagreements can arise!

Please note that our Terms and Conditions of Sale are governed by French law, and your orders are subject to the Terms and Conditions in effect on the date of your order.

In the event of a dispute, we encourage you to contact us so we can try to find an amicable solution together:

via the contact form available [here];

by phone at 0801 800 333, Monday to Friday from 9:00 a.m. to 7:00 p.m. and Saturday from 10:00 a.m. to 5:00 p.m.

If no agreement is reached, you may refer the matter to the CMAP (Centre for Mediation and Arbitration of Paris) to initiate a mediation process:

via the following form: www.cmap.fr/consommateurs

or by post at the address:

CMAP – Consumer Mediation Service

39 avenue Franklin Roosevelt

75008 Paris, France

Please note that any mediation request must clearly state the subject of the dispute and include all relevant documentation so it can be handled promptly.

The European Commission also provides an online dispute resolution platform, which you can access at:

Online Dispute Resolution | European Commission (europa.eu)

If, unfortunately, no amicable solution can be reached, the matter will fall under the jurisdiction of the French courts, and French law will apply.