ARTICLE 1 - DEFINITIONS
Buyer: an adult individual who places an order for the Product.
Manufacturer: the original maker of each Product.
Contract: a firm and final order of a Product made on the Site by the Buyer, presupposing the acceptance of these General Terms and Conditions of Sale by the Buyer.
Parties: the Buyer and the Seller.
Product: item for sale on the Seller's Site that may be subject to an order by the Buyer.
Site: refers to the online lighting store of the SEYNAVE company, accessible at the web address www.sinaya.com.
Contractual Territory: geographical area limited to Metropolitan France and Belgium.
Carrier: transport company responsible for delivering the products purchased on the Site.
User: individual accessing and browsing the Site without making a purchase on the Site, regardless of their status (individual or professional), location, connection means to the Site, and the purpose and intent of their access to the Site.
Seller: SEYNAVE company.
ARTICLE 2 - PURPOSE
The purpose of these general terms and conditions of sale is the Site operated by the SAS SEYNAVE company
Registered with the Lille RCS under number 455502872 whose registered office is located at 277 boulevard du Petit Quinquin, 59810 LESQUIN, which offers lighting for sale online.
These general terms and conditions of sale are intended to specify the rights and obligations of the User and the Buyer concerning the Products sold on the Site within the framework of a distance selling system.
The contract concluded under these general terms and conditions of sale is governed by the regulations on distance selling, as it results particularly from the Consumer Code, as well as the specific provisions referred to herein. These general terms and conditions of sale apply to Users and Buyers of the Site. The express and irrevocable acceptance of these general terms and conditions of sale results from:
For Users: accessing and navigating the Site;
For Buyers: the conclusion of a Contract on the Site.
Every User and Buyer acknowledges being fully informed that their agreement to the content of these general terms and conditions of sale does not require the manual signature of a sales contract.
All Contracts concluded on the Site are expressly subject to these general terms and conditions of sale.
These general terms and conditions of sale prevail over all other general or specific conditions not expressly approved by the Seller. The Seller reserves the right to modify these general terms and conditions of sale at any time. These changes will only apply to sales contracted after the modified general terms and conditions of sale have been posted on the Site.
The buyer is invited to review the general terms and conditions of sale in force on the day and before validating their order. If a User or Buyer does not wish to accept all or part of these general terms and conditions, they are asked to refrain from any use of the Site.
The seller advises all Users and Buyers to save and/or print these general terms and conditions of sale for safe and lasting storage, allowing them to invoke them at any time during the execution of the contract if necessary.
ARTICLE 3 - PRODUCT OFFER
The offers of Products and the prices are valid as long as they are visible on the site and subject to availability of stocks. All prices indicated on the Site are in euros, including all taxes, shipping costs included, and excluding specific bank fees.
The prices displayed take into account the VAT applicable on the day the Contract is concluded. Any change in the rate may be reflected in the price of the Products. The price indicated at the time of the conclusion of the Contract, i.e., when the buyer clicks to validate their order, is guaranteed for 20 (twenty) days. In all other cases, the Seller reserves the right to change prices at any time without notice.
In the event of an obvious error in the displayed price, the Seller may cancel the order. If the Buyer plans to export the Product outside of France, the Seller disclaims any responsibility for non-compliance of the Products with the legislation of a foreign country. The Buyer will then have the quality of importer (or intra-community purchaser) of the Product and commits to comply with the legislation of the destination or transit country of the Product. Customs duties, local taxes, import duties, or other state taxes that may be required are the sole responsibility of the Buyer-importer.
Discount codes are strictly personal. In case of fraudulent use or non-compliance with the stipulations, the Seller reserves the right to cancel the order.
In case of immediate unavailability of the Product, the Buyer will be informed by email as soon as possible and their order will be canceled unless they opt for the delivery of the Product within a new deadline, or if possible, the immediate delivery of another similar Product of equal value and for an equivalent price.
In the exceptional case where the Buyer's account has been debited while the goods are no longer available and the Buyer does not opt for one of the solutions envisaged above, they will be automatically refunded as soon as possible and no later than 30 days from the payment made. The Seller may offer vouchers equal in value to that of the unavailable Product. The Buyer is free to accept or prefer the refund.
ARTICLE 4 - CONFORMITY AND WARRANTIES OF PRODUCTS
4-1 Guarantee of conformity
The Seller is responsible for the conformity defects existing at the time of delivery of the Product whose description appears on the site.
The Seller invites the Buyer to mention any conformity defect upon delivery and as soon as possible by contacting customer service to which they will provide the following information:
order number
name, first name, and address
reference of the item(s) to be returned
reason(s) for the return due to non-conformity
The Seller will provide them with a reference number and the procedure to follow to ensure optimal management of the return of goods.
Photographs of the Products on the Site are as faithful as possible but cannot ensure a perfect similarity with the Products, particularly concerning colors. Users and Buyers therefore exempt the Seller from any claim in this regard in case of a non-substantial difference between the Products and their photographic representation on the Site and provided that this does not alter the essential qualities of the Products.
In case of a conformity defect, the Buyer chooses between the refund of the Product and the repair within 30 days following or the replacement of the Product. However, the Seller may not proceed according to the Buyer's choice if this choice involves a cost manifestly disproportionate to the other mode, considering the value of the Product or the significance of the conformity defect. The Seller is then obliged to proceed, unless impossible, according to the mode not chosen by the Buyer. If, in case of a major defect, the repair and replacement of the Product are impossible, the Buyer may return the Product and get a refund of the price within 30 days. The Buyer acknowledges that the conformity guarantee does not apply in the case of excessive use compared to a normal use.
4-2 Other warranties
guarantee against hidden defects: All Products offered for sale on the Site benefit from the legal guarantee against hidden defects provided for in articles 1641 and following of the civil code. The Buyer has a legal deadline of two years from the discovery of the hidden defect to address the courts. This defect must make the Product unfit for the use for which it is intended or diminish such use to the extent that the Buyer would not have acquired it or would have given a lower price if they had known. The Seller is not held liable for apparent defects of the Products which the Buyer could have convinced themselves. The Seller reserves the right to refuse any request for a refund that is manifestly abusive or introduced outside the prescribed deadlines.
Manufacturer's warranty: The Manufacturer's warranty does not prevent the application of the legal guarantee. The validity duration may vary depending on the Manufacturer. The Buyer must verify the delivery of the warranty when the Product is delivered. Conditions for the validity of guarantees The Buyer is aware that these Products are sold for normal use by the consumer and may not be suitable for professional use. The Buyer must use the product like a good
father and ensure proper storage conditions for the Product (heat, humidity, no overheating, etc.). In case of non-compliance with the recommendations mentioned above, the Seller will be exempted from any responsibility. The burden of proof of compliance with the recommendations rests on the Buyer.
The warranties do not cover:
damages due to an external cause or the intervention of a repairer who has not been previously accepted by the Seller or the Manufacturer
normal wear and tear of the Products.
Except for returning the Product due to conformity defects, the costs and risks related to the return are the responsibility of the Buyer.
The Seller will make efforts to limit the immobilization period of the Product which may be attributable to the constraints of the Manufacturers.
ARTICLE 5 - ORDERING
5-1 How to place an order?
On the website: www.sinaya.com 24/7
The order process implemented on the Site complies with the provisions of Article 1369-5 of the Civil Code, which specifies the conditions for the conclusion of contracts in electronic form. This order process proceeds as follows:
==> The Buyer selects their Product(s) then validates their virtual basket after having checked its content
==> The Buyer fills in information related to their identity and the delivery location, including a telephone number for scheduling the delivery.
==> They check the details of their order and the total amount to pay, correct any possible errors, then validate by "a first click"
==> The Buyer becomes aware of and accepts the general terms of sale by ticking the box provided for this purpose
==> They choose their payment method and confirm by "a second click" which constitutes an irrevocable acceptance of the order form in accordance with these general terms of sale.
==> The Buyer receives a first acknowledgment of receipt of their order, followed by a second email after acceptance of payment. Validation of payment by the Seller binds both parties to the Contract. The order can only be delivered if it is precise and complete. The Buyer must verify the accuracy of the information given for the delivery address. The Seller disclaims all responsibility in case the Buyer has indicated an incorrect address and the re-shipment costs will be borne by the Buyer, including in case of a typing error. The Seller reserves the right to refuse an order in whole or in part. The Buyer can obtain information about the reasons for this refusal upon simple request.
5-2 Payment
The full price is due at the time of the order.
Ownership is transferred only after payment of the full price. However, the transfer of risk occurs upon receipt of the Product.
The Buyer opts for one of the payment methods offered on the Site, namely:
Credit card
Credit card (payment in 3 or 4 installments)
The delivery period starts from the date of payment registration. Payments by credit card are immediately debited. If payment has not reached the Seller's bank account within twenty days after the validation of the corresponding order, regardless of the payment method used, the order is automatically canceled.
The Seller does not retain customers' credit card data on its website.
5-3 Payment of your order in 3X or 4X by credit card with Oney
Our partner Oney Bank offers a financing solution named Oney 3x / 4x, which allows you to pay for your purchases in 3 or 4 installments with your credit card.
Conditions:
This offer is reserved for private individuals (adult natural persons) residing in France and holding a Visa and MasterCard credit card with a validity date exceeding the duration of the chosen financing.
Oney Bank reserves the right to accept or reject your request for financing in 3 or 4 times.
ARTICLE 6 - DELIVERY
Online sales of Products are reserved for Buyers residing in Metropolitan France and Belgium. These products are only delivered within this geographical area (Contractual Territory).
Items are delivered to the address specified by the Buyer on the online order form (delivery address). The choice of transportation mode offered to the Buyer is at the sole discretion of the Seller.
The Seller bears the risk during transportation and up until delivery under the following conditions:
==> The Buyer must have verified the compatibility of access to the delivery address, particularly the size of the stairwell and doors for the delivery of large dimension products. The Buyer will be solely responsible in case of inaccessibility to their front door for the reasons mentioned above.
==> The Buyer or a person qualified to represent them must be present on the date and during the time slot agreed with the Seller or the carrier. If the Buyer is absent and no authorized person has been designated, delivery will not be possible and the costs related to a new delivery will be borne by the Buyer.
The order will be executed approximately 7 days after receipt of the order if the Product is in stock or from the registration of the payment (if payment by transfer) and at the latest within a twenty-day period from the day following the one on which the Client has placed their order. However, in case of force majeure such as disruption or strikes, particularly of postal services, transport services, in case of flooding or other, neither the Seller nor the Carrier can be held liable for any delay in delivery. Delivery entails the transfer of risk to the Buyer. Therefore, the Buyer is advised to make detailed and complete written reservations on the delivery note dated and signed, regarding any damage, packaging defect, or incomplete order that they might notice. It is strongly recommended to refuse the delivery of a damaged package or if the content is damaged. The Buyer must lodge their claim within a 48-hour period following the delivery of the recipient. Beyond this period, no claim can be considered.
In case of unavailability of the Product, it will be delivered as soon as the Product is available again. In the event that the delivery date of the goods exceeds 30 days, except in cases of force majeure, and unless the Buyer opts for another of the suggested solutions, the delivery will take place as soon as possible.
If the delivery is compliant:
Date, indicate your name in capital letters, sign the delivery slip.
If the delivery is not compliant:
Explicitly mention on the delivery slip the problem encountered: Service not performed, damaged packaging, product damaged after unpacking, incomplete product, etc.
If the goods are damaged, refuse the delivery and clearly state the reason(s) on the delivery slip!
If you have any questions, contact the SINAYA.com customer service at 03 28 55 06 00 (local call rate).
ARTICLE 7 - RIGHT OF WITHDRAWAL
The Buyer may, from the delivery date indicated and as long as the Product has not been delivered, either request a refund of their order by registered letter with acknowledgment of receipt, or prefer the delivery of a good of the same value at an equal or lower price, or opt for vouchers. The refund will occur within a 14-day period from the resolution of the contract.
Advice to our customers for the smooth running of delivery:
In the presence of the carrier:
Check the number of packages.
Verify the apparent condition of the packages.
Ensure the good condition of the products within the packages.
Verify the conformity of the products with the delivery slip and your order.
Ensure all services to which you subscribed during the validation of the order are performed (delivery to the room of your choice for the deliveries “to your chosen room”...)
Unless otherwise indicated on the product sheet, the non-professional Buyer has a period of 14 days to exercise their right of withdrawal from the date of receipt of the Product, without justification of reasons and without penalty. The exercise of the right of withdrawal can be done either using the withdrawal form or by any means chosen by the Buyer.
In case of exercise of the right of withdrawal, the Seller will refund the Buyer the total amount paid as soon as possible and at the latest within 14 days from the Seller's receipt of the returned product. The Seller may also offer a Product of equivalent quality and price.
The basis of the refund covers the price of the product. However, the costs of returning the Product are entirely the responsibility of the Buyer.
The Products must be returned by post or by a carrier in their original and complete condition with their original packaging, along with a copy of the invoice and sufficiently postpaid. Products that are incomplete, damaged, or soiled by the Buyer, or have been subjected to abnormal use, will not be accepted.
To ensure the return and receipt of the Product in the best conditions and to guard against any risk of loss or damage, it is recommended that the Buyer contact the Seller at the customer service before returning the Product.
ARTICLE 8 - PROCESSING, SECURING, AND PROTECTION OF PERSONAL DATA
8-1 Security of payments
To combat payment fraud, the Site is equipped with cryptographic means. The banking data of Buyers are encrypted and SSL certified.
8-2 Archiving of documents
The Seller commits to securely archive the Contracts concerning transactions over 120 euros for ten years in accordance with legal and regulatory obligations. Orders and invoices will be archived by the Seller on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code. Other documents will be kept for the time necessary to achieve the purpose for which personal data were collected.
8-3 Protection of personal data
The conclusion of a Contract on the Site requires the creation of a personal account and thus the collection of personal data of the Buyer by the Seller to be able to identify them and ensure the delivery of the order and the establishment of invoices. When creating their personal account, the Buyer must mandatorily communicate their name, first name, postal address, email address, password, and telephone number. These informations are essential for processing the order. Without these informations, the order cannot be validated by the Seller.
The personal account of the Buyer gathers all the personal data transmitted. The Buyer is responsible for the use of their account and guarantees to provide, upon registration, non-erroneneous, non-deceptive personal information that allows for their precise identification in case of dispute. Failure to provide necessary information results in the non-validation of the order.
The Seller expressly declares that the said data will only be used for the management of its Client-Prospect file. All personal data will be treated confidentially in accordance with the legal provisions on data protection in force. In accordance with the "Informatique et Libertés" law of January 6, 1978, as amended and its implementing decrees, the processing of personal data carried out from the Site has been previously declared to the National Commission for Informatics and Liberties (CNIL). Any fictitious or defamatory personal information may lead to the closure of the personal account.
The Seller may terminate the Contract unilaterally and without notice in the event of erroneous information or if the address change has not been communicated. Only persons responsible for processing information within the SEYNAVE company have access to it. The Buyer declares to have the capacity to contract. Buyers are informed that the personal data they communicate to the Seller are necessary for the delivery of the Products and the provision of services by the Seller.
The Seller also undertakes not to disclose, free of charge or with consideration, the personal data of its Clients to a third party. In accordance with articles 38 to 40 of the law n°78-17 of January 6, 1978, as amended by law n°2004-801 of August 6, 2004, on data processing, files, and freedoms, Buyers have a right of access, opposition, and correction of data concerning them.
These rights are exercised as follows:
By mail to: SEYNAVE, 277 bd du petit quinquin 59273 FRETIN
By email to: contact@sinaya.com
ARTICLE 9 - CONTRACTUAL GUARANTEES
The products sold benefit from the legal warranty against hidden defects provided by articles 1641 and subsequent of the Civil Code unless otherwise indicated on the product sheet at the time of transaction.
The repair or exchange under warranty of an item distributed by the Seller does not modify in any way the initial expiry date of the contractual warranty, i.e., the expiry date that was defined from the date of invoicing of the item. In all cases, the responsibility of the Seller covers only the replacement or repair of the defective part or material without any compensation or damages of any kind being demanded.
Damages originating from an external source to the item itself are excluded from the scope of the warranty. This includes, for example, shocks, fires, lightning, frost, floods, natural disasters... Also excluded from the scope of the warranty are damages resulting from abnormal use of the item as described in the user manual provided with the item. In all cases, the costs of transport back of an item remain exclusively at the expense of the Buyer. This paragraph does not prevent the application of the legal warranty of hidden defects, as it results from articles 1641 and subsequent of the civil code.
ARTICLE 10 - RETENTION OF TITLE
In accordance with legal provisions, the Seller retains ownership of the goods until the effective full payment of the price corresponding to these goods. In case of non-payment, even partial, and without prejudice to its other rights, the Seller may therefore obtain the restitution of the goods by simple registered letter, at the expense of the Buyer. Even though not the owner, the acquirer bears the risks and damages that the equipment could suffer or cause from the moment it has received this equipment.
ARTICLE 11 - LIABILITIES
The Seller has an activity of sale excluding any installation or assembly operations. The Seller performs its services within the framework of an obligation of means. All items distributed by the Seller comply with French legislation and applicable standards on French territory. The Seller cannot be held responsible in case of non-compliance with the contract if the cause of non-execution results from a case of force majeure or unavailability of the product.
ARTICLE 12 - INTELLECTUAL PROPERTY
All elements of the Site are and remain the intellectual and exclusive property of the Seller.
Users and Buyers are not authorized to reproduce, exploit, disseminate, or use in any title, even partially, elements of the Site whether they are software, written, visual, or sound. Copyright The texts, images, drawings, and layout as well as the graphic charter of the Site are protected by intellectual property rights. It is forbidden to copy, extract, exploit, disseminate, or use for any title, even partially the content of the Site.
Downloading as well as printing of text, images, and graphic elements is authorized for private and non-commercial use only. Reproduction of drawings, images, sound documents, video sequences, and texts in other electronic or printed publications requires the prior written consent of the Seller. The lack of authorization is punishable by the offense of counterfeiting. The trademarks and logos appearing on the sites are registered trademarks and protected.
Any total or partial reproduction of these trademarks and/or logos, made from elements of the site without the express permission of the Seller is an act of infringement punishable by the provisions of the Intellectual Property Code. Databases established by the Seller are protected by copyright as well as by the law of July 1, 1998, transposing into the Intellectual Property Code the European directive of March 11, 1996, on the legal protection of databases. Any extraction can only be limited and performed for private purposes. Hypertext links Any simple or hypertext link is strictly prohibited unless expressly agreed in writing by the Seller.
ARTICLE 13 - COOKIES
In order to better serve Users and Buyers, the Seller measures the number of pages viewed, the number of visits, as well as activity on the Site, and the frequency of return.
For this purpose, the Seller uses "cookies." These cookies store information related to the navigation of Users and Buyers on the Site (pages viewed, date and time of consultation, etc.).
The Seller can read these informations during subsequent visits. These cookies do not allow the Seller to identify Users and Buyers. The Client can object to the recording of cookies by setting their browser as follows:
For Users and Buyers who wish to object to the recording of cookies or be notified before accepting cookies, they can configure their computers as follows:
For Microsoft Internet Explorer:
Choose the menu "Tools", then "Internet Options"
Click on the "Privacy" tab
Select the desired level using the slider or click on the "advanced" button to customize the management of cookies.
For Mozilla Firefox:
Choose the menu "Tools", then "Options"
Click on the "Privacy" tab
Select the desired options
For Opera:
Choose the menu "File", then "Preferences"
"Privacy"
ARTICLE 14 - INDEPENDENCE OF CLAUSES
If any part of these general terms and conditions of sale should prove to be illegal, invalid, or unenforceable for any reason whatsoever, the term or terms in question shall be declared non-existent and the remaining terms shall retain their full force and effect and continue to be applicable. The terms declared non-existent are replaced by one or more terms that will come as close as possible in content to the annulled clause.
ARTICLE 15 - DISPUTES AND JURISDICTION
French law governs these General Terms and Conditions of Sale.
For a professional client: any dispute (including preliminary rulings) shall fall under the exclusive jurisdiction of the Lille Métropole Commercial Court. For a consumer client: any dispute (including preliminary rulings) shall come under the jurisdiction of the courts designated as competent under Article L.141-5 of the Consumer Code.
ARTICLE 16 - ECO-PARTICIPATION
INFORMATION ON RECYCLING OF PACKAGING
The unique identifier FR210803_01PZUY attesting to the registration in the producers' registry of the packaging sector, in accordance with Article L.541-10-13 of the Environmental Code, has been assigned by ADEME to the company SEYNAVE (Siret 45550287200035). This identifier confirms its compliance with its registration obligations in the producers' registry of packaging and the reporting of its market placements to CITEO.
INFORMATION ON RECYCLING OF PRODUCTS
The unique identifier FR003276_051JLH attesting to the registration in the producers' registry of the Waste Electrical and Electronic Equipment (WEEE) sector, in accordance with Article L.541-10-13 of the Environmental Code, has been assigned by ADEME to the company SEYNAVE (Siret 45550287200035). This identifier confirms its compliance with its registration obligations in the producers' registry of Electrical and Electronic Equipment and the reporting of its market placements to the ecosystem.
Eco-participation
Electrical and electronic products and light bulbs are subject to an eco-participation fee. The amount is fully transferred to the ESR eco-organization and is used to finance the recycling of waste electrical and electronic equipment (WEEE). Through this eco-participation, everyone contributes to improving the collection, depollution, and recycling of old products. Learn more about the ESR eco-organization.