www.samalya.fr is published by SAMALYA, a limited liability company with a capital of €2,000 registered with the Bordeaux Trade and Companies Register under number 913 578 498, whose head office is located at 12 rue verte at 33200 Bordeaux .

 

APPLICATIONS OF THE GENERAL CONDITIONS OF SALE

The general conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site with SAMALYA by any person (the "Customer").

The Customer must read the T&Cs prior to any order (the "Order"), the T&Cs being available on the Site.

SAMALYA reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale being the one appearing online on the site www.samalya.fr at the time of the Order. Consequently, the fact of placing an Order requires the full prior and unreserved acceptance of the T&Cs by the Customer by clicking on the button "I have read and I accept the general conditions of sale".

 

SITE ACCESSIBILITY

The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by SAMALYA or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure. (as defined below). SAMALYA cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.

SAMALYA does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this regard, he may freely and at his sole discretion determine any period of unavailability of the Site or its content. Nor can SAMALYA be held responsible for problems of data transmission, connection or unavailability of the network.

SAMALYA reserves the right to change the Site, for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of the provision of services, the Client may be informed of the modifications made, but his acceptance is not requested.

SAMALYA warns each Customer of the need to implement within their computer or portable or mobile equipment a solution and security measures to prevent the spread of viruses.

 

ACCOUNT CREATION

To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Account").

Anyone can freely and free of charge create a customer account via the "Create an account" section.

The creation of a customer account is carried out by filling in the form which is proposed to the user of the Site.

This account is strictly personal to him and allows him to identify himself before validating each Order.

When creating the Customer Account, the Customer enters the data that allows his identification under his full responsibility, controls and directions and undertakes to communicate complete, accurate and up-to-date information, and not to usurp the identity of a third parties, nor to mask or modify its age. The Customer must ensure the accuracy and completeness of the data it provides. The Customer is required to always update his personal information. In the event of an error, SAMALYA cannot be held responsible for the impossibility of delivering products.

By registering on the Site, the Customer declares and guarantees to SAMALYA that he is of legal age and has the legal capacity to contract.

SAMALYA may delete the Customer's Account at any time, for any reason, at its sole discretion.

 

PRODUCTS

The Items available for sale are those which appear on the Site. The offers are valid as long as they are visible on the Site.

They are offered within the limits of the availability displayed on the Site.

SAMALYA reserves the right to withdraw from sale, at any time, any Article present on the Site and/or to replace or modify any information associated with the Articles appearing on this Site.

In the event of an unavailability of an Article, after placing his Order, the Customer is informed by email, his order then being automatically cancelled.

As such, SAMALYA cannot be held responsible for the cancellation of an Order for a Product due to the depletion of stocks.

SAMALYA takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.

SAMALYA does not guarantee the accuracy or security of information transmitted or obtained through the Site.

It is possible that the Customer receives following an Order a part previously returned by another person. It is specified that SAMALYA only accepts the return of undamaged and unworn Products, these two conditions being checked before returning the returned Products to stock.

 

THE ORDERS

Taking an Order on the Site is subject to compliance with the procedure set up by SAMALYA on the Site comprising successive stages leading to the validation of the Order.

The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order. The validation of the Order is worth confirmation of the acceptance by the Customer of the GCS, the Products purchased, their price as well as the associated costs. 

Any order implies a payment obligation.

The Customer declares to be at least 18 years old and to have the legal capacity, or if he is a minor, guarantees to be the holder of parental authorization to place his Order.

After validation of the payment, SAMALYA sends an order confirmation email. To this end, the Customer formally accepts the use of e-mail for confirmation by SAMALYA of the content of his Order. SAMALYA can in no way be held responsible in the event of an input error or transmission of an input error attributable to the customer and not allowing the delivery of the confirmation email and/or the Order.

All orders are subject to the prior acceptance of SAMALYA and are not definitively confirmed until the product is dispatched. SAMALYA cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order after sending the confirmation email summarizing the Order.

SAMALYA also reserves the right to refuse or cancel an Order from a customer with whom it has a dispute over the payment of a previous order. 

 

THE PRICE

The prices of the products are indicated on the Site in euros, including VAT, but excluding shipping costs, customs fees and other taxes. Customs charges and other taxes must be paid by the Customer directly to the carrier. 

All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.

SAMALYA reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.

The Products are payable in cash when the actual Order is placed.

The amount of shipping costs is specified on the Site before validation of the Order.

 

ORDER PAYMENT

Any Order implies an obligation to pay by credit card using a sufficiently funded bank account. The Order is not final until full payment of the price and costs associated with the Order. 

The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email.

The Customer expressly acknowledges that the communication of his credit card number to SAMALYA constitutes authorization to debit his Account up to the price of the Products ordered.

Transactions carried out on the Site are entrusted to a secure online payment platform STRIP, whose head office is located at 10 Boulevard Haussmann, 75009 Paris 09, Tel. : 08 92 97 70 99. And PAYPAL, whose head office is located at 21 rue de la Banque, 75002 Paris, Tel. 0800-942-890.

This solution presents highly secure pages for entering payment data: card number, expiry date and visual cryptogram.

This platform encrypts then transmits this payment data to the bank, in complete confidentiality and makes it inaccessible to a third party.

It is possible for the Customer to save his bank details on his account. The data in this case remains encrypted and not accessible. 

 

THE DELIVERY

Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).

The Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order.

Several delivery methods are offered to the Customer:

• Standard home delivery: La Poste

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ). Delivery cannot be made to hotels or to PO boxes.

The Customer is informed that it is his responsibility to provide exactly all the details necessary for the proper delivery of his Order and for perfect delivery (access code, access specification for example).

If it is impossible to carry out the Delivery, due to an incorrect delivery address or the absence of collection by the Customer of his Order from the selected collection point or from Chronopost, no reshipment can be carried out and the Customer will be refunded within 30 days of receipt of the Order by SAMALYA.

The Customer fully and exclusively assumes the risk of loss or damage to the items from the time of their delivery.

The day after a collection is put online and from November 23 to December 31, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.

SAMALYA cannot be held responsible for the delay in delivery not being its fault or justified by a case of force majeure.

 RIGHT OF WITHDRAWAL – RETURNS

Deadline and procedures for exercising the right of withdrawal

In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from SAMALYA, without having to justify its decision.

The exercise of the right of withdrawal can be done either by mail to the following address: 12 rue verte, 33200 Bordeaux or by email to contact.samalya@gmail.com

Terms of return of the Order under the right of withdrawal

The right of withdrawal is exercised without penalty.

The Customer returns the Order without undue delay and, at the latest, within fourteen (14) days following the day of its delivery.

Beyond this period of fourteen (14) days, the sale is firm and definitive. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the return procedure

Reimbursement of Products returned under the right of withdrawal

Reimbursement of the Order by SAMALYA is made no later than 30 days from the date on which it is informed of the Customer's decision to withdraw.

However, the reimbursement takes place provided that SAMALYA has been able to recover the Products subject to the return and the request for reimbursement.

If the Customer fails to comply with these T&Cs, SAMALYA will not be able to reimburse the Products concerned.

Once the verification of the returned Item(s) has been carried out, SAMALYA undertakes to reimburse the Customer as soon as possible following notification of the request for withdrawal. In the absence of receipt of the Article(s) concerned or proof of shipment within this period, SAMALYA reserves the right to postpone the refund until the day of recovery of the Article(s) ( s) concerned or the provision by the Customer of proof of shipment of the Article(s) concerned.

The amount of the price of the article concerned will be reimbursed to the Customer, on the bank account or the payment account of the Customer used for the payment of the Article(s), under his Order.

 

 GUARANTEES

SAMALYA's liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. SAMALYA shall in no event be liable for the following losses, regardless of their origin:

• loss of revenue or sales

• operating loss

• loss of profits or contracts

• loss of planned savings

• data loss

• loss of work or management time

• image damage

• loss of opportunity, and in particular to order a Product,

• moral damage.

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided for by law.

SAMALYA makes no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with the proper working of it, including any transmission resulting from a download of any content made by the Customer, of the software used by the latter to download the content, of the Site or of the server which allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving harmful.

The Customer acknowledges assuming all risks related to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.

SAMALYA is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which such products are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.

ASSISTANCE

Write to us at contact.samalya@gmail.com