Definitions of terms used in the General Conditions of Sale.

The words or expressions below will have within the framework of these General Conditions of Sale the meanings below:

​

• Customer: refers to the individual Customer placing an order online. Customers and/or professional partners are not subject to the General Conditions of Sale set out below.

• Sakay SAS / the brand / the producer: designates the company Sakay SAS

• Website / Online sales area / Internet store: means the website www.sakay.fr on which the products are presented and sold to customers.

• Order: refers to the sales contract concluded between the company Sakay SAS and the customer of the Internet store www.sakay.fr.

• Products: designates all the goods offered for sale by the company Sakay SAS on its online sales website

• Transaction: refers to all operations, secure processing, authorizations and agreements inherent in the payment of the price of products ordered by credit card.

 

​

ARTICLE 1 – Scope and purpose of the General Conditions of Sale

​

These General Terms and Conditions of Sale (also referred to as GTC) apply to the sale of all products to any adult consumer, within the meaning of the Law, acting exclusively for his own account, aged 18 or over, said the Customer, by the Sakay SAS on its website available at www.sakay.fr.
These General Terms and Conditions of Sale are intended to define the terms and conditions under which Sakay SAS offers and sells its products to its individual customers via the site www.sakay.fr. 
Customers and/or partners are subject to other contractual conditions.

The contracts between the Customer and the company Sakay SAS and/or its beneficiaries are binding between the parties.
By ticking the box "Accept the general conditions of sale", the customer acknowledges having read, when ordering, the general conditions of sale of the website www.sakay.fr.

The GCS prevail over any other document and are accessible to the Customer at any time on this website and prevail over any other version or any other contradictory document. These general conditions of sale remain subject to French law.
Depending on the possible evolutions and updates of the commercial offers put online and the legislative reforms that may occur, these GCS can be modified at the discretion of the company Sakay SAS. Therefore, the modifications of the T&Cs of the company Sakay SAS become applicable as soon as they are put online and cannot apply to transactions concluded previously, it is up to the Customer to take note of them.

The fact that Sakay SAS does not take advantage at a given time of any of these General Conditions cannot be interpreted as a waiver of the right to take advantage of any of the said General Conditions at a later date.
For all products marketed on the www.sakay.fr site, the Customer's delivery address must be located at an address available in the geographical area notified on the www.sakay.fr site.

​

​

ARTICLE  2 – Commands

The information registration modules completed by the Customer when creating an account and placing their orders are considered as proof of the nature, content and date of the order made by the Customer on the website www. sakay.fr

To place an order, the Customer must:

• ensure the veracity of the information that he has transmitted when creating a Customer account. Customer account on which he will indicate all the contact details requested or give his customer identifier if the Customer account has already been created.

• select the product(s) he wishes to purchase, specify the desired quantities.

• validate his order once it has been validated by himself.

• accept the T&Cs

• make payment under the conditions provided for on the website www.sakay.fr.

• confirm their order and payment.

​

Acceptance of these General Conditions of Sale is equivalent to acknowledgment of having perfect knowledge of them, of having gone through them and fully understanding them and of waiving the right to invoke its own conditions of purchase or other conditions.
All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
Sakay SAS informs the customer on its website www.sakay.fr if a product is out of stock. However, it may happen that a product is still visible on the site although out of stock, in this case, Sakay SAS undertakes to notify the Customer by email and/or telephone to offer him the solution that will suit him best.

Sakay SAS reserves the right to refuse or cancel any order from a customer on the following grounds: insolvency of the said customer and/or non-payment of the order concerned or of a previous delivery, disputes of any kind between the brand and the Customer and/or relating to the payment of a previous order. In the event of refusal to sell by Sakay SAS, no recourse can be made.

 

Furthermore, Sakay SAS cannot be held responsible for errors made by the Customer in the information given concerning him (contact details of the recipient of the order (delivery address, billing address in particular) and delays in delivery or impossibility of delivering the ordered products that these errors could cause. 
Confirmation of the order and billing will be made via email sent to the email address specified by the Customer.

The sale will only be concluded once the order has been confirmed.

 

 

ARTICLE  3 – Delivery 

Deliveries are made to the addresses indicated on the orders, these must be in the geographical areas specified on the site www.sakay.fr, by default the delivery areas are metropolitan France and Corsica.

After confirmation of the order by Sakay SAS and payment of the order by the Customer:  
Sakay SAS undertakes to send its customer the products ordered to the delivery address within a standard period of 2 working days. This delivery solution may change according to the offers available on the sakay.fr website.

Sakay SAS will do everything in its power to deliver the Customer's orders in the best conditions; nevertheless, Sakay SAS cannot be held responsible for impediments of all kinds that may arise and degrade the delivery conditions supported by the delivery providers. The following elements are considered to be cases of force majeure releasing Sakay SAS from its obligation to deliver: war, any natural disaster, riot, strikes and local and/or national social movements, technical and computer incidents, telecom network problems, cyberattacks, accidents and impossibility of being supplied. 

These delivery times are given as an indication; in the event of a dispute, parcel tracking will be requested from the delivery service provider. No refund will be granted in the event of a delay in delivery of less than thirty days. If the delivery times exceed thirty days from the date of the order, the sales contract may be terminated and the Customer reimbursed by bank transfer.

Insofar as the Customer is an individual, all the products stipulated in the orders placed on www.sakay.fr are intended for the personal use of the Customer or the recipients whose name is mentioned at the delivery address.
The Customer or the recipients of the products are prohibited from any partial or total resale of the products.

​

Delivery costs 
Unless otherwise stated or special promotions, the prices indicated do not include delivery and transport costs. 
Delivery charges may vary and are calculated based on the weight of the package.read,  the amount of the basket, the transportur chosen by Sakay SAS as well as the geographical location selected by the Customer at the time of the order. The price of the delivery will be specified to the Customer before the confirmation of his order.  
Sakay SAS is responsible for the items until they are dispatched. Upon receipt, the recipient must ensure before the carrier the condition of the package and the conformity of the delivery with the order. In the event of damage during transport, the reasoned protest must be made to the carrier within three days of delivery. 
If the status of the package is indicated as delivered by the carrier but you have not received the package, please contact Sakay SAS as soon as possible. The Customer has a period of fourteen (14) calendar days from receipt of the package indicated by the carrier to make his complaint.
For more sensitive deliveries (for an event for example) the Customer can contact Sakay SAS at the email address yay@sakay.fr in order to find the best delivery solution, possible additional costs may be expected for a delivery personalized.

Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go. In the event of multiple deliveries, transport costs may be adjusted. In the event of a problem of this order, Sakay SAS may contact the customer in order to find the best delivery solution.

​

In case of unavailability of a good ordered
In accordance with article L.121-20-3, in the event of non-execution of the order resulting from the unavailability of the goods ordered, the consumer will be informed of this unavailability and will be reimbursed without delay and at the latest within thirty days of payment of the sums he has paid. 
Sakay SAS may provide goods of equivalent quality and price with the Customer's agreement and in this case, the return costs will be borne by Sakay SAS.

 

 

ARTICLE 4 – Right of withdrawal and return policy

Since the Hamon law of March 17, 2014, the consumer has a period of fourteen (14) days to reconsider a purchase decision in the event of distance selling (Internet, correspondence or telephone): this is the right legal withdrawal. Any request for withdrawal must be made within the legal period provided by sending an e-mail to yay@sakay.fr using the model form below, if he wishes to withdraw from his order.

"For the attention of Sakay SAS located at 7 rue Desargues, 75011 Paris,  
We hereby notify you of our withdrawal from the contract relating to the sale of the product/products  : ..................... .........
Order(s) on:..................................
Consumer's name: ..................................
Consumer's address: ..................................
Order number : ...................................
For the reason: ..................................
Certifying that the product has not been opened or damaged.
Date:................................ " 

​

In the event of a dispute with Sakay SAS, it is the Customer's responsibility to prove that he has complied with the legal withdrawal period. It is the Client's responsibility to keep all traces, (e-mail sending, post office deposit receipt), which can prove compliance with the withdrawal period and to provide them when requesting withdrawal via an e-mail message.
For obvious reasons of hygiene, in case of return of products ordered on the site www.sakay.fr, the Customer must return the entire order in good condition without having used the products, or even partially. The Customer will attach a copy of the invoice to his package. Sakay SAS will be able to judge the condition of the returned goods and inform the customer.
Sakay SAS undertakes to reimburse the customer within 21 days from the date of receipt of the products returned by the Customer.

No refund will be made if the customer has not respected the withdrawal deadlines and as long as the goods have not been returned to Sakay SAS.

​

By default Sakay SAS offers a refund in the form of a credit or exchange to the Customer.

If the customer refuses a refund in this form, a refund can be made by bank transfer directly to the customer's account. 

Orders must be returned by parcel to 7 rue Desargues 75011 Paris. 
In the event of an error attributable to the Customer when ordering, the return costs are the responsibility of the Customer.
In the event of an error attributable to Sakay SAS when preparing the order: contact us at yay@sakay.fr
Return costs are the responsibility of the Customer but will be deducted from the product replacement and no new shipping costs will be charged.

 

Contact in case of delivery problem:  
Sakay SAS takes the satisfaction of its customers to heart and remains at your disposal for any problem encountered.

For any questions you can contact us at the following address: yay@sakay.fr.

One month later, if you are not satisfied, you can contact the following mediation service:  
https://entrepreneur.service-public.fr/vosdroits/R48100

 

In case of disputes:  
The competent courts are:
Registry of the Commercial Court of Paris, 1 Quai de la Corse, 75004 Paris
In the event of translation of the T&Cs, only the French language may serve as a reference.

 

​

ARTICLE 5: Price

​

The prices displayed for each product are in Euro, all taxes included, excluding shipping costs. French VAT applies to all orders delivered in mainland France. Shipping costs are calculated on the entire order. Sakay SAS reserves the right to modify its prices at any time, it being understood that the price appearing in the catalog on the day of the order will be the only one applicable. If the Customer notices an exceptional promotion appearing later on a product, he will not be able to benefit from it: only the price in force at the time of the validation of the order is applicable.
All orders are payable in euros.
Payment for purchases is made by means of a bank payment card whose accepted models are those specified on the site www.sakay.fr

The Customer guarantees to Sakay SAS that he is legally authorized to use the means of payment when ordering, that said means of payment allow him to legally cover all the costs of his order made on the online sales site www. .sakay.fr.
Payment by credit card is debited immediately upon ordering. Payments made by the Customer will only be considered final after full payment and the products can only be shipped after actual collection of the sums due by Sakay SAS.

 

 

ARTICLE 6: Responsibilities and Guarantees

​

Sakay SAS cannot be held liable for damages of any kind, whether material, immaterial or bodily, which may result from improper use or storage of the products marketed on the www.sakay.fr site. The same applies to any modifications to the products resulting from the manufacturers. It should be noted that the food products sold online at www.sakay.fr are mostly made from hot peppers and are in no way suitable for consumption by children under 18 or even fragile, elderly and/or fragile people. or sick or presenting any intolerance to the products marketed on the site www.sakay.fr. 
Any Customer who has ordered such products on the www.sakay.fr site is aware of the impact that the consumption of peppers can have on the body. If benefits at low doses are recognized, any excessive consumption of chilli could be harmful to the body. The Customer by placing an order on www.sakay.fr indicates that he is aware of the particularity of chili-based products and that he acts in full awareness and knowledge of the facts. 
The liability of Sakay SAS will, in any case, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have persisted despite all the precautions taken in the presentation of the products. In the event of difficulties in the application of this contract, the customer and Sakay SAS reserve the right, before any legal action, to seek an amicable solution.
Otherwise, for Customers, the Commercial Court of Paris has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.

​

Legal warranties and exclusions

The products sold by Sakay SAS benefit, in accordance with legal provisions:  
- The legal guarantee of conformity, 
- The legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use. 

A hidden defect being a manufacturing defect appearing after the sale of the product.
To assert your rights, you must inform the brand in writing of the existence of defects or lack of conformity within the legal period from their discovery. 
Sakay SAS will exchange defective and/or non-compliant products as soon as possible.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer and his environment on the products ordered on www.sakay.fr.
Sakay SAS's warranty remains limited to the replacement of identical or reimbursement of non-compliant products or products affected by a defect. 
Sakay SAS cannot be considered responsible or even in default for any delay or non-performance resulting from an event of force majeure usually recognized by French case law. Outside France, Sakay SAS cannot be held responsible for non-compliance with the regulations and laws in force in the receiving country.
In the event of a problem, the Customer can contact customer service by e-mail at the address: yay@sakay.fr

 

 

ARTICLE 7 – Intellectual property

All of the content of the www.sakay.fr website, in particular the design, the editorial approach, the name, the brand, the graphic charter, the logo, the photos, the illustrations, the videos, the culinary recipes, the ancillary products and accessories produced by Sakay SAS are the sole property of Sakay SAS and are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and constitutes an offense of counterfeiting. 
Also, Customers, partners and service providers are prohibited from any reproduction and/or exploitation of the content, design, product sheets, various communication content – photos, videos, editorial, of the www.sakay.fr website.

 

​

ARTICLE 8 – Protection of personal data

Sakay SAS does not transmit or resell any personal information collected from the Customer. The collection of information has the sole purpose of customer satisfaction through the order placed on the website www.sakay.fr.
The data processing is necessary for the management of our pre-contractual or contractual commercial relationship (Article 6.1 b) of the GDPR). Sakay SAS processes the Customer's data in order to execute the contract concluded. If the Customer does not wish to transmit his data, Sakay SAS will not be able to fulfill its contractual obligations and will not be able to execute the contract.
In accordance with the GDPR (General Regulations for Data Protection) of April 27, 2016 and Law No. 78-17 of January 6, 1978, relating to data processing, files and freedoms in its latest amended version, you benefit, in compliance with legal provisions, a right to information, access, rectification, erasure of personal data concerning you, limitation, opposition to processing for legitimate reasons, a right to define guidelines on the post-mortem fate of this data. For any need on this point, you can contact customer service at the following address: yay@sakay.fr

Customer satisfaction is essential at Sakay, we are open to any suggestions at the following address: yay@sakay.fr

​