General Conditions of Sale via the Internet

 

Article 1 - General Provisions

These general conditions of sale (hereinafter “The Conditions”) establish the conditions and terms of sale of the products offered by the company YS Yogiwear on its merchant website at the following address: www.yogasearcher.com (hereinafter “the Site”)

The company YS Yogiwear (hereinafter “the Company” or “YOGA SEARCHER” or “the Seller”)) is a simplified joint-stock company with a capital of 10,000.00 euros whose registered office is located at 9 Avenue des Acacias, 40130 CAPBRETON, France and registered in the Dax Trade and Companies Register under number 822 676 029, whose intra-community VAT number is TVA FR 63 822 676 029 and SIRET number is 822 676 029 00033, and represented by Mrs. Dune PAYOT.

The products covered by this contract (hereinafter “the Products”) are the products manufactured and marketed by YS Yogiwear visible and offered on the Site within the limits of available stocks.

This contract is concluded between YS Yogiwear and any non-commercial natural person (hereinafter "the Customer") with a valid delivery address in one of the countries mentioned in Article 3 below and who wishes to make a purchase on the Site (hereinafter "the Order") for strictly personal purposes.

The Customer can contact YS Yogiwear customer service at any time:

• By mail: YS Yogiwear - 164 Chemin de Pouchucq - 40230 Bénesse-Maremne
• By phone: 05 58 72 45 06
• Email: sav@yogasearcher.com

In these Conditions, the Seller and the Customer will be referred to unilaterally as “the party” and jointly as “the parties”

 

Article 2 - Purpose

The Conditions are intended to define the terms of sale between the Seller and the Customer of the Products ordered on the Site.

The parties expressly agree that these Terms govern their contractual relationship, their mutual rights and obligations, as well as all stages of the Order process. Validation of the Order placed by the Customer implies unrestricted and unreserved acceptance of these Terms. To this end, the Customer must have read the Terms and Conditions and must tick the box "I acknowledge having read and accepted the general terms and conditions of sale" when placing their Order. The Terms may be saved and/or printed by the Customer.

The seller reserves the right to modify its general terms and conditions of sale. These terms and conditions will be applicable from the date they are posted online and will apply to Orders placed from that date.

If a condition of sale is missing from these Conditions, it will be governed by the rules and practices applicable to distance selling companies whose head office is in France.

These Terms are written in French and English. In case of doubt or difficulty of interpretation, the Terms written in French shall prevail.

 

Article 3 - Validity of offers

The Products offered by the Seller on its Site may only be sold to Customers with a valid delivery address in mainland France, French overseas departments and territories, Corsica, Belgium, the United Kingdom (excluding the territories of Jersey and Guernsey and the Isles of Man), and Germany (excluding the island of Heligoland and the municipality of Büsingen).

The Products visible and offered on the Site will be available while stocks last.

The Seller undertakes to notify the Customer by sending an email of any unavailability of a Product after the Order has been placed. The Product in question will then be cancelled and, if applicable, will be refunded within the following 30 days. The remainder of the Order will remain firm and final. The total or partial cancellation by the Seller of the Order placed by the Customer will not entitle the Customer to any compensation related to the unavailability of the Products.

Article 4 - Presentation of products

4.1 Description

The Products offered for sale are described and presented with the greatest possible accuracy. One or more photographs as well as a description detailing the essential characteristics of the Product are available for consultation prior to the Order.

However, minimal differences between a Product and its photograph may exist, depending in particular on the resolution and color definition of the user's screen. The photographs and descriptions of the Products offered for sale on the Site are provided for information purposes only and have no contractual value.

4.2 Price

The prices mentioned next to each Product offered for sale are expressed in Euros (€), all taxes included, excluding costs of preparation and delivery of the Order (see article 7 “Delivery”).

The VAT rate applied will be the rate in force under French law on the day the Order is validated by the Seller or, if the thresholds set by French law are exceeded, the VAT rate in force in the country of delivery of the Order.

The prices applied are those communicated on the Site and confirmed to the Customer upon validation of the Order. Delivery costs are communicated to the Customer on the Order summary before validation of the latter and are expressed inclusive of all taxes. These costs are the responsibility of the Customer and are invoiced in addition to the sale price of the Products.

The Seller may modify the prices at any time but undertakes to apply the prices indicated on its Site at the time of validation of the Order by the Customer.

In the event of an incorrect price being displayed, which is clearly derisory (low price), and whatever the reason (including a manual or technical error or a computer problem), the Order, including one already validated by the Seller, will be cancelled. The Customer will be informed as soon as possible and may, if they wish, place another Order at the corrected and correct price.

4.3 Discounts and promotional operations

Promotional operations and discounts offered on the Site will only be valid during the validity period indicated on the offer in question, and within the limits of available stocks. These promotional operations and discounts may not give rise to any payment or reimbursement of any sum to the Customer.

Promotional operations and discounts are reserved for the Customer concerned. Any transfer to a third party is prohibited.

The amount of the promotional operation or reduction will be deducted from the amount including all taxes of the Order, excluding the costs of preparation and delivery of the Order which remain the responsibility of the Customer.

Except for special promotional operations, offers and discounts cannot be combined with each other.

 

Article 5 - Order

To place an Order on the Site, the Customer must follow the following procedure:

5.1 Registration

When placing an initial Order, the Customer must complete a form containing all the information necessary to place the Order. The Customer must provide the delivery address and email address. The Customer will then select the delivery method.

He will select the Products of his choice by clicking on them to add them to his basket.

The Customer may at any time when placing their Order obtain a summary of the Products selected by clicking on the “My Basket” link.

He can then continue his purchases or complete his selection and place the Order by proceeding to payment.

If the Customer is already registered on the Site, he/she will have to identify himself/herself by entering his/her email address and password. He/she will then have to validate the delivery address pre-registered during a previous Order and then he/she will then make his/her selection of Products as indicated above.

When the Order is completed, an order form will appear summarizing the nature, quantity and price of the Products selected by the Customer, the payment method chosen, the Customer's contact details and the delivery address for the Order.

Once the Order has been verified and before being able to proceed to payment, the Customer must have read and accepted these Conditions, which they can save and/or print.

5.2 Validation

• Validation of the Order by the Customer:

After having checked his Order and once all the requested information has been completed by the Customer, he will click on “Validate” to definitively confirm his Order and proceed to payment under the conditions defined in article 6 below.

• Validation of the Order by the Seller:

After receipt by the Seller of the Order placed by the Customer, the Seller will notify the Customer of a detailed acknowledgment of receipt of the Order summarizing the nature, quantity and price of the Products selected by the Customer (in addition to VAT and delivery costs), the payment method chosen, the Customer's contact details and the delivery address for the Order.

This acknowledgment of receipt constitutes acceptance by the Seller of the Order placed by the Customer.

Article 6 - Payment

6.1 Payment Method

The Customer can pay for their Order online by bank card (Carte Bleue, Visa and Mastercard) by entering their bank card number and expiry date, as well as the last three digits on the back of their bank card, or by Paypal.

The Customer's bank account will be debited upon completion of the Order.

The Customer guarantees to the Seller that he/she has the necessary authorizations to use this payment method. The Seller reserves the right to suspend any Order management and delivery in the event of refusal of authorization of payment by credit card by banking organizations or in the event of non-payment of any amount that would be due by the Customer. Any new Order may be refused by the Seller in the event of delay or non-payment, in whole or in part, of a previous Order of the Customer.

6.2 Security

As a banking institution within the European Union, PayPal encrypts and secures banking information and never communicates it to the recipient of the Customer's payment.

Once the Customer has finalized his Order, he will be able to find the statement of payments made on the Site in his purchase history “My account” “My purchases” “History”.

The Seller invites the Customer to check the statement of the payment made on the Site and, if necessary, to immediately dispute any transaction whose amount is incorrect by contacting the Seller's customer service at the contact details indicated in article 1 of these Conditions.

It being specified that the Seller cannot be held liable for any direct or indirect damage or inconvenience linked to the use of the internet network beyond the measures and precautions taken by the Seller for this purpose, the Customer is reminded that it is his responsibility to check that he is on a secure payment page when he proceeds to the payment of his Order (presence of the logo representing a padlock + address of the page in "https"), that he must not entrust his means of payment to minors or third parties, that he must not communicate his codes or passwords to anyone either by email or by telephone, that he must use an up-to-date computer system protected by an anti-virus.

In order to combat credit card fraud and identity theft, YS Yogiwear reserves the right to ask the Customer to provide a photocopy of their valid ID and/or proof of address. While awaiting these documents, the Order will be placed on hold and will have the status "pending validation". In order to ensure rapid processing of their Order, the Customer therefore undertakes to provide the documents that may be requested by the Seller within a maximum of 10 working days from the request. In the absence of production of the documents, YS Yogiwear may cancel the Order without this cancellation giving rise to any right to compensation for the Customer.

In the event of fraudulent use of his bank card on the Site, the Customer is invited to contact the Seller's customer service without delay using the contact details indicated in article 1 of these Conditions, without this information giving rise to a right to compensation for the Customer or to any reimbursement from the Seller, who must contact the bank that issued his bank card for this purpose.

6.3 Retention of title

The Seller reserves the right of ownership of the products until receipt of payment for the entire Customer Order.

6.4 Electronic signature

The online provision of the Customer's bank card number and the final validation of the Order will constitute proof of the Customer's agreement in accordance with the provisions of the law of March 13, 2000 and will be worth:

- Due date of the amounts due under the Purchase Order

- Signature and express acceptance of all operations carried out.

6.5 Electronic Evidence and Archiving

The Customer and the Seller agree that all digital elements exchanged between them constitute admissible, valid, enforceable proof and have the probative force of a private deed.

 

Article 7 - Delivery

7.1 Delivery area, times and costs

In one of the areas listed in Article 3 of the Conditions, the Products are shipped with delivery slips, to the address indicated by the Customer when placing the Order.

As an indication, the delivery times generally observed for the different delivery methods are:

France	Zone OM1	Zone OM2	Belgium	Germany	United Kingdom
D+3	D+7	D+7	D+5	D+5	D+5
Zone OM1: Guadeloupe (including St Barthélémy and St Martin), Martinique, Réunion, Guyana, Mayote and St Pierre and Miquelon. Zone OM2: New Caledonia and its dependencies, French Polynesia, Walis and Futuna Islands and French Southern and Antarctic Lands.

7.2 Order Tracking

You will receive a shipping confirmation email when your order is shipped, including your package's tracking number. This will allow you to track the progress of your order's delivery.

7.3 Transfer of risks

The risks of loss and damage to the Customer's Order are transferred to the Customer at the time of delivery of the Order, i.e. when the Order is handed over in person or placed in the Customer's mailbox.

On the other hand, in the event of a return or exchange under the conditions provided for in Article 9 below, and in the event of delivery errors (7.4), the Products will then travel at the Customer's risk until actual receipt by the Seller at the return address indicated by the Seller.

7.4 Delivery errors

The Customer must make any complaint regarding delivery errors to the Seller on the same day as delivery or at the latest on the first working day following delivery.

A delivery error means the non-conformity of the Products with the information appearing on the Order Form (error in reference, size, color)

Any claim for delivery error made after the deadline in paragraph 1 of this article will be rejected.

The complaint must be made to the Seller's customer service at the contact details indicated in article 1 of these Conditions.

Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the Seller from any liability in this regard.

Upon receipt of the complaint, the Seller will assign an exchange number to the Customer. The exchange of Product(s) can only take place after an exchange number has been assigned.

In the event of a delivery error, any Product to be exchanged must be returned to the Seller in its original condition and in perfect marketable condition (unwashed, unworn).

Return costs remain the responsibility of the Seller, but the return of the Products is the Customer's responsibility. Therefore, the Seller recommends that the Customer use registered shipping with insurance to track their return package.

The cost of reshipping the exchanged Product(s) will be borne by the Seller.

If the delivery error creates a change in the price paid by the Customer when sending the Order which was the subject of a claim for error, the Seller will make the necessary corrections, it being understood that this may then involve either a refund to be made to the Customer, or an additional invoice for the latter depending on the nature of the delivery error.

Article 8 - Legal and contractual guarantees

8.1 Right of withdrawal

In accordance with the provisions of the Consumer Code, the Customer has a period of 14 working days to exercise their right of withdrawal from the date of delivery of the Product without having to provide reasons or pay penalties. The terms and conditions for exercising this right of withdrawal are mentioned in the “Return, exchange and refund” paragraph below. Only the return costs remain the responsibility of the Customer.

Only Products returned in their original packaging and in perfect marketable condition will be accepted. Therefore, any return of washed and/or worn products or in damaged packaging will be refused.

After verification of the validly returned Product under the conditions indicated in Article 9 below, the Customer will be fully reimbursed for the sums paid into the bank account used to pay for the Order as soon as possible and at the latest within 30 days following the date on which he/she exercised his/her right of withdrawal. The reimbursement will then include the price of the Product(s) for which the right of withdrawal was exercised as well as the amount of the shipping costs of the Product(s) calculated in proportion to the value of the Product(s) for which the right of withdrawal was exercised.

8.2 Legal and commercial guarantees where applicable

Legal guarantees:

The Products are covered by a guarantee of conformity and a guarantee against hidden defects allowing the Customer to return defective Products or Products that do not conform to the Products ordered.

“Article L211-4 of the Consumer Code:

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

“Article L211-5 of the Consumer Code:

To comply with the contract, the property must:

1° Be suitable for the use usually expected of a similar good and, where applicable:

- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;

- present 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, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

“Article L211-12 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 of the Civil Code:

The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

“Article 1648 of the Civil Code:

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

In the case provided for in Article 1642-1 , the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.

The Customer is expressly informed that the Seller is not the producer of all the Products presented for sale on the Site within the meaning of Law No. 98-389 of May 19, 1998 relating to liability for defective products.

Contractual guarantee:

When a Product benefits from a specific guarantee, the period and conditions of the guarantee are detailed in the sheet describing the Product concerned.

 

Article 9 – Return and exchange

9.1 Return

As part of the exercise of his right of withdrawal provided for in article 8.1 above and provided that the deadlines indicated therein are respected, i.e. within 14 days of the date of delivery of the Product(s), the Customer may return the Product(s) to the Seller by strictly complying with the following procedure:

a) Return number: the Customer must contact the Seller's customer service using the contact details indicated in article 1 of these Conditions, so that a return number can be communicated to them.

b) Return form: the Customer must fully complete the Return Form attached to their Order, which will include in particular the return number given by the Seller.

c) Condition of the returned Product(s): the Customer must return the Product(s) carefully packaged in a secure package and the Product(s) must be in their original condition and in perfect marketable condition (unwashed, unworn)

d) Return Address: the Product(s) returned by the Customer to the Seller must be addressed to:

YOGA SEARCHER / Product Return
ZA of the 2 pins
3 Barrasquit Street
40130 CAPRBRETON

e) Return costs: return costs remain the responsibility of the Customer, with the exception of delivery countries in which legal provisions more favorable to the consumer exist.

f) Responsibility for returns: the return of the Products is the responsibility of the Customer. Therefore, the Seller recommends that the Customer use registered shipping with insurance allowing them to track their return package.

g) Verification of returns: upon receipt of the return, the Seller will inspect the Product(s) and if the return is validated, a refund will be made by crediting the bank account used by the Customer when paying for the Order. An email will be sent to the Customer to keep them informed of the processing status of their return.

If the procedure detailed above and/or the time limit set have not been complied with, and subject to the applicable legal guarantees, the Customer may not make any claim, the Products delivered by the Seller being deemed free from any defect.

IMPORTANT: During the period of confinement due to the Coronavirus epidemic, requests will be accepted even if the package reaches us beyond 14 days following delivery of the package, as long as the request has been made within this 14-day period.

9.2 Exchange:

The exchange request can only relate to the same Product of a different size and/or color.

The exchange request must be made by the Customer before the expiry of a period of 14 days from the date of delivery of the Product.

The exchange request must be made following the same procedure as the return procedure (in particular allocation of an exchange number) described in article 9.1 above.

If the deadline and/or exchange procedure is not respected, no exchange request will be accepted by the Seller.

Once the Product(s) have been returned by the Customer following the return procedure and if the Seller validates this return, the Customer will receive a voucher for the value of the Product(s) returned and validated so that he/she can place a new Order on the Site, the costs of reshipping the exchanged Product(s) remaining the responsibility of the Seller.

 

Article 10 - Intellectual Property

All elements of the Seller's Site, whether audio or visual (such as texts, illustrations, photographs, company names, distinctive signs, brands, without this list being exhaustive) are protected by French, European and international copyright, trademarks and/or patents and are the exclusive property of the Seller. As such and in accordance with the provisions of the Intellectual Property Code, only use for strictly personal purposes is permitted and provided that the elements of the Seller's Site are not modified. Any total or partial reproduction or transmission of the Site www.yogasearcher.com is strictly prohibited without prior written authorization from the Seller.

Article 11 - Protection of personal data - Information Technology and Freedoms

YS Yogiwear collects certain personal information from the Customer necessary to process their Order. This information is strictly confidential and is intended exclusively for the Seller and/or the various service providers involved in managing the Customer's Order.

YS Yogiwear may communicate this data to various legally authorized bodies and authorities upon order of the legal authorities or in order to defend its rights or those of its employees, customers or any other person.

Subject to cases of force majeure as defined by French law and courts, YS Yogiwear undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Customer's personal information from being distorted, damaged or accessed by unauthorized third parties. The Customer may consult the "legal notices and confidentiality" section of the Site to find out more in detail about the use of their personal data, the way in which it is collected and protected.

The Site is declared to the National Commission for Information Technology and Civil Liberties - CNIL under number 1763697 v0 declaration made on May 5, 2014.

In accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004, the Client has the right to access, rectify, modify and delete data concerning him/her. The Client may exercise this right by sending a letter specifying his/her name, first name, email address and postal address to the following address: 9 Avenue des Acacias – 40130 CAPBRETON or by email to the following address: info@yogasearcher.fr.

The Customer can also modify their personal details from their customer area by logging in using their email address and password.

Article 12 - Liability and force majeure

The Seller shall only be liable for damages caused to the Customer due to the Seller's breach of these terms and conditions and any legal obligation.

The Seller shall not be liable for any direct or indirect damage or inconvenience linked to the use of the Internet network (in particular an interruption of service, an external intrusion or the presence of a computer virus) beyond the control of the measures and precautions taken by the Seller for this purpose.

The Seller shall not be held liable for the total or partial non-performance of its obligations under the Order placed by the Customer, provided that such non-performance is caused by an event constituting a case of force majeure as defined by French positive law.

In such a situation, the Seller will inform the Customer of the occurrence of such an event within 3 (three) working days following its occurrence, by email. After a period of 1 (one) month, and in the event that the event constituting a case of force majeure persists, the order will be canceled and, where applicable, will be subject to a refund from the seller within a maximum period of 30 (thirty) days.

Article 13 - Safeguard clause

In the event that one or more provisions of these Conditions are considered or judged at any time to be prohibited and/or null and void pursuant to a law, regulation or following a final court decision, this will not affect the validity of the remaining provisions, which will retain their full force and effect.

 

Article 14 - Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of one of the obligations contained in these Conditions cannot be interpreted as a waiver on its part of the obligation in question.

 

Article 15 - Applicable law and jurisdiction

These Terms and Conditions and any questions relating to their interpretation or execution are subject to the application of French law. In the event of a dispute or complaint, the Customer shall first contact the Seller's customer service (whose contact details are specified in Article 1 above/or via the contact form provided for this purpose) in order to seek an amicable solution. Failing this, the Customer may choose to take legal action before the competent courts.