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General Terms and Conditions of Online Sales (Translation)

Article 1 - Purpose and acceptance of the GCS

SAMAYA (hereinafter "SAMAYA") designs and markets ultra-light technical tents and accessories (hereinafter the "Products") under the SAMAYA brand name.

These general terms and conditions govern the sale of Products by SAMAYA on the website www.samaya-equipment.com (hereinafter the "Site") to any individual of legal age purchasing Products for use outside his or her professional activity (hereinafter the "Customer"). SAMAYA reserves the right to update this list without prior notice and without delay. In addition, without requiring an update of this list, the current health crisis linked to Covid-19 could temporarily cause this list to evolve due to state obligations that could make the delivery of Products temporarily impossible or unreasonable.

When the Customer clicks on the "Pay Now" icon to confirm his/her order for the Product(s) he/she has selected, he/she acknowledges that he/she has read these general terms and conditions of sale and accepts them unreservedly.

The Customer is therefore invited to read the clauses below carefully.

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 Terms and Conditions of Use available on the Site, which the Customer declares to have read and accepted without reservation.

SAMAYA reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site.

The General Terms and Conditions of Sale applicable are those in force on the Site on the date the order is placed by the Customer.

For the application of the present, 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,
- the Product references,
- the price,
- the characteristics,
- the availability of the product,

The representation of the Products on the Site is not contractual. As computer screens or smartphones can 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 nor for the appearance of the materials put online on the Site.

- 2.2 Availability of the Products

SAMAYA commits to honor online orders within the limits of available stocks.

The available Products are those listed 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 affecting orders already placed for the said Product.

In the absence of availability, SAMAYA undertakes to inform the Customer by e-mail as soon as possible.

The Customer may then cancel his order.

In case of cancellation, the Customer will be reimbursed within a maximum of fourteen (14) days from the receipt of his request for reimbursement if payment has already been made.




Article 3 - Prices - delivery charges

The prices are indicated in euros all taxes included, excluding transport costs and excluding customs duties or other duties and/or taxes related to the importation of the Products into the Customer's country, where applicable, which the Customer shall be responsible for.


It is specified that the value added tax is the French VAT at the normal rate applicable on the day the order is validated, for all orders delivered in France and in the European Union. 

 

It is specified that the value-added tax is the Swiss VAT at the standard rate in force on the day of validation of the order for all orders delivered in Switzerland .

If the VAT rate is modified before the Product is ordered, this change may be reflected in the price of the Products.

SAMAYA reserves the right to modify the prices indicated on the Site at any time and without prior notice. The Products will be invoiced on the basis of the prices in force at the time the order is validated by the Customer.

Processing and packaging costs for Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, Switzerland, United Kingdom, United States (USA), Hungary, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, the United Kingdom (UK), the Czech Republic, Slovakia, Slovenia and Switzerland.
Deliveries outside the European Union, Norway, Switzerland and the United States may be subject to charges and/or taxes.





Article 4 - Customer account

Orders are placed online, directly on the Site.

At the time of 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 his customer account is binding. In the event of an error, notably in the recipient's contact details, SAMAYA cannot be held responsible for the impossibility of delivering the Products.




Article 5 - Placing an order

The Customer places an order based on the Products presented on the Site and chooses the number of Products. Any order implies acceptance of the prices that correspond to the ordered Product(s), as well as acceptiance of their characteristics described in the Product sheet.

He also indicates the delivery address, chooses the delivery method as well as the means of payment.

Once his order has been selected, the Customer has the possibility to check the Product(s) ordered, the number, the characteristics and the total price of his order in a summary. He may, if he wishes, modify his order or cancel it.

He validates his order by clicking on the "validate order" button, he then declares that he accepts the order and the entirety of these General Terms and Conditions of Sale, without reservation. A sales contract is then concluded between the Parties subject to these Terms and Conditions.

Finally, the Customer proceeds to payment. The Customer has the option of printing the order form.

As soon as the order is registered and at the latest at the time of delivery of the Product, an acknowledgement of receipt of the order is sent to the e-mail address provided by the Customer.

This acknowledgement 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 address for delivery of the order,
- SAMAYA's contact details,
- information relating to after-sales service and commercial guarantees, if applicable,
- a reminder of the legal guarantees of conformity and hidden defects;
- information relating to the terms and conditions of exercise of the right of withdrawal by the Customer.

This acknowledgement of receipt validates the transaction. The Customer accepts that the computerised order registration systems are proof of the purchase and its date.


SAMAYA reserves the right to refuse or cancel any Customer order in the event of:
- a dispute relating to the non-payment of a previous order with the Customer;
- suspected credit card fraud without SAMAYA being obliged to carry out any prior verification;
- abnormal orders in relation to the quantities ordered.




Article 6 - Payment and reservation of ownership

The entire payment is made directly on the Site, at the time of the order, in euros.

At no time, the sums paid can be considered as deposits or down payments.

Payment is made by credit card, Paypal, Apple Pay or bank transfer.

Payments by credit card are made through the secure system Shopify Payments, Alma, Mollie, PayPal or Apple Pay in such a way that the information transmitted is encrypted by software and that no third party can become aware of it during transport on the network.

The transaction is immediately debited from the Customer's credit card after verification of its data, upon receipt of the debit authorization from the company issuing the credit card used by the Customer.

In accordance with Article L.132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By communicating his bank card information, 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 charges, 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, if necessary, the numbers of the visual cryptogram.

In case 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 9am to 5pm) by e-mail at the following address: contact@samaya-equipment.com

In the event that the debit of the sums owed by the Customer would be impossible, the online sale would be immediately cancelled by right and the order would be cancelled.

A detailed invoice is sent by e-mail to the Customer for each order. The invoice also remains available in the customer's account.

The Products remain the property of SAMAYA until all sums due by the Customer for the Order, including taxes and fees, have been paid.




Article 7 - Payment security

Transactions carried out on the Site are secured via the secure system Shopify Payments, Alma, Mollie, Paypal or Apple Pay.

The Customer's data cannot be detected, intercepted or used by third parties. At no time does the customer's financial data pass through SAMAYA's computer system. These payment systems check that the connection with the Customer's browser is secure before sending the payment form to the banking institution that carries out the financial transaction.

As 3D Secure is a technical service provider, it does not take charge of any disputes related to orders which are handled directly by SAMAYA as specified above or 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/she provides to SAMAYA, the latter not being, in any case, responsible for possible data entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the reshipment of the Products will be entirely at the Customer's expense.

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 times of processing, preparation and routing 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 acknowledgement of receipt to the following address SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY, if, after having enjoined SAMAYA to carry out the delivery within a reasonable additional time, the latter has not complied with this time limit.

The contract is, if applicable, considered to have been terminated upon receipt, by SAMAYA, of the letter, unless it has carried out the delivery in the meantime.

In case of cancellation, the Customer is reimbursed, by any means of payment, of the totality of the 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 the non-execution of the contract, in particular in the event of failure to deliver, due to the Customer (incorrect information of the delivery address), to an unforeseeable and irresistible fact of a third party to the contract or a case of force majeure.

The amount of the delivery charges depends on the geographical zone of delivery and the weight of the order. In any case, the amount of the delivery charges is indicated to the Customer before the validation of the order.

SAMAYA reserves the choice of the mode of delivery and the carrier, according to the nature and the weight of the ordered Products in particular.




Article 9 - Receipt of the order and conformity of the Products

Upon receipt of the Products, the Customer is required to check the condition of the packaging and the integrity of the Products delivered, and to make any reservations and claims on the carrier's delivery slip and to inform SAMAYA by sending a copy of the reservations made to the carrier by post or e-mail within 14 working days of 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 from the date of delivery, any claim of delivery error and/or shortage. Any claim made after 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-conformity or defect must be notified to SAMAYA within the legal deadlines.

In this respect, it is reminded that SAMAYA is responsible for the defects of conformity of the Product under the conditions of article L.217-12 and following of the Consumer Code and for hidden defects of the thing sold under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.


When acting under the legal guarantee of conformity, the Customer:

- has a period of two years from the delivery of the good to act;

- may choose between repair or replacement of the good, subject to the cost conditions provided for in article L. 211-9 of the Consumer Code;

- is exempted from proving the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Customer may 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 may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.



Texts in force:

Article L217-4 of the code of consumption
The salesman delivers a good in conformity with the contract and answers for the defects of conformity existing at the time of the delivery.
He also answers for the defects of conformity resulting from the packing, the instructions of assembly or the installation when this one was put at his expense by the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code
The good is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar good and, if necessary :
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and that the latter has accepted.

Article L217-6 of the Consumer Code
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position 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 warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.

Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.


In case of return for non-conformity or hidden defect, the customer must make a request to SAMAYA's customer service, by e-mail at the following address: contact@samaya-equipment.com stating in detail the defect or non-conformity found.

SAMAYA will examine the Customer's request and will proceed, at the Customer's choice, with the exchange or refund of the Product(s), shipping and return costs, if the request is justified.

No return for non-conformity or hidden defect will be accepted without prior validation by SAMAYA.



In any case, the warranty is excluded in case 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 were 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 his reasons or pay any penalties, with the exception of return costs, by filling in the standard withdrawal form available on the Site or by sending an e-mail to the following e-mail address: contact@samaya-equipment.com. The Customer will then receive, without delay, an acknowledgement of receipt of his retraction by e-mail.

Within fourteen (14) days following the transmission of the retraction form or e-mail to SAMAYA, the Customer must send the Products back to the following address:

SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY.

It is up to the Customer to keep the proof of deposit of the parcel which will be given to him by the Post Office, the stamp of the Post Office being proof of the date of return of the Product. The return is at the Customer's expense, in case of loss of the parcel, no refund will be made.

SAMAYA undertakes to reimburse the Customer, using the same means of payment as the one used by the Customer for the initial transaction, the price of the Product as well as the standard delivery charges, without undue delay and at the latest within fourteen (14) days following the date of recovery of the Products.

Return shipping costs and risks are at the customer's expense.

The right of withdrawal can only be exercised for Products returned in perfect condition, clean and in their original packaging. Products returned incomplete, spoiled, soiled, damaged or unfit for sale, for whatever reason, will not be accepted, nor exchanged, nor reimbursed. Personalized items cannot be returned.


The Customer is responsible for the depreciation of the Product resulting from handling other than that necessary to establish its nature, its characteristics and its proper functioning.




Article 11 - Responsibility

SAMAYA shall not be held responsible for any failure to comply with the laws 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 responsible for any inconvenience or damage inherent to 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 event qualified as force majeure, in accordance with French jurisprudence.

The Customer is solely responsible for any damage caused to the Customer or to a third party resulting from improper use of the Products and SAMAYA cannot be held liable in any way for this.




Article 12 - Customer service

For any information, question or complaint, SAMAYA's customer service is at the disposal of the customer:
- by e-mail: contact@samaya-equipment.com ;
- by mail: SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY;
- by phone at +33 4 83 43 08 30 from Monday to Friday from 9 am to 5 pm




Article 13 - Personal data

Type of data collected:

The personal data collected and subsequently processed by SAMAYA are those that the INTERNAUTES voluntarily transmit via the SITE to SAMAYA. This may include the following information: surname, first name, telephone number, e-mail address, company, position, address, city, postal code, state/province, country.

Purposes of collecting personal data:

The data identified as mandatory in the form is required to manage orders, authenticate payments and deliver the Products.

Transmission of data to third parties:

Data may be transmitted to companies involved in the execution of services and orders, their management, execution, payment processing and delivery.

SAMAYA undertakes not to transmit its data to third parties other than those mentioned above.

Duration of storage of personal data:

This data is stored and kept for the time strictly necessary to achieve the purposes mentioned 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, he/she has the following rights, subject to providing proof of his/her identity:
- The right to object, for legitimate reasons, to the personal data concerning him/her being the subject of processing other than those announced herein to which he/she has consented;
- The right to object, free of charge, to the data collected being the subject of current or future commercial processing by the data controller;
- The right to be informed about the processing to which his/her personal data give rise;
- The right to obtain information on the processing of personal data managed by SAMAYA and all information allowing to know and, if necessary, to contest the logic which presides over the processing of the said data;
- The right to obtain a copy of the personal data concerning him, as well as a right to rectify, portability, update or deletion of all or part of the said data;
- The Customer may exercise his rights by contacting SAMAYA, indicating his name, first name and e-mail address, by e-mail at the following address contact@samaya-equipment.com or by mail to : SAMAYA, 5 Avenue du Pré de Challes, 74940 ANNECY.


Password confidentiality:

The Customer accepts and acknowledges that he/she is responsible for the confidentiality of passwords associated with any account used to place orders on the Site. Consequently, the Customer agrees to be solely responsible to SAMAYA 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 mail at : 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 SAMAYA and/or its partners, as indicated when the account was created. If the Customer changes his mind and no longer wishes to receive commercial offers, he can make a request at any time by sending an e-mail 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 object 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's responsibility cannot be sought for any delay or contractual failure resulting from a case of force majeure, i.e. 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 in the sense of the jurisprudence 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 moment of any of the clauses of the present general conditions cannot be considered as a waiver of the right to avail itself later of these same clauses.




Article 16 - Modification

SAMAYA reserves the right to modify the provisions of the present general sales conditions at any time, the Customer being bound by these modifications.

Orders will thus be governed by the version of the general sales conditions in force on the day of their validation by the Customer.




Article 17 - Independence of clauses

If one (or more) of the provisions of these general terms and conditions of sale is (are) held to be invalid, the validity of the other provisions shall not be called into question unless they are inseparable from the invalid provision.




Article 18 - Entire agreement of the Parties

These General Terms and Conditions of Sale, the General Terms and 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 whole and according to the overall coherence of said whole. The said components of this whole should not be interpreted in isolation.




Article 19 - Applicable law - Disputes

The sale 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. This is a translation, the original must be referred to to settle disputes.

In the event of a dispute, the Customer is informed that he may have recourse to a consumer mediator, after an attempt at amicable settlement has failed 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 address is 14 rue Saint Jean, 75 017 Paris, and whose website is www.cm2c.net

The Customer will find information on this subject and the list of mediators on the following website: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur.

In addition, the Customer has the possibility to use the European Online Dispute Resolution (ODR) platform available by following the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

In the absence of mediation, the jurisdictional competence 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.

 

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