General conditions of sale

  1. DEFINITIONS
  • These General Terms and Conditions of Sale (hereinafter referred to as " Terms and Conditions '') are offered by the company Izysmile, registered in the Trade and Companies Register of Armentières under number 893147447 00013, France.


  • His email address is info@izysmile.com.
  • The company owns and publishes the website https://www.izysmile.com.
  • The Site offers customers the opportunity to purchase women's sportswear and accessories. 
  • Before using the Site, the Customer must ensure they have the necessary technical and computer resources to use the Site and order Products on the Site, and that their browser allows secure access to the Site. The Customer must also ensure their computer hardware/equipment is in good working order and free of viruses.


  1. APPLICATION AND ENFORCEABILITY OF THE TERMS AND CONDITIONS


  • These General Terms and Conditions of Sale (GTC) define all the conditions under which the company markets the Products as offered for sale on the Website to Customers. They therefore apply to all Orders (hereinafter referred to as " Order '') of Products placed on the Site by the Customer.
  • The Customer declares having read and accepted these Terms and Conditions before placing their Order.
  • Order confirmation constitutes acceptance of these Terms and Conditions. These are regularly updated; the applicable Terms and Conditions are those in effect on the Site on the date the Order is placed.
  • Any contrary condition stipulated by the Client would therefore, in the absence of express acceptance, be unenforceable against the company regardless of when it may have been brought to its attention.
  • The fact that the company does not invoke any provision of these Terms and Conditions at any given time cannot be interpreted as a waiver of its right to invoke any provision of said Terms and Conditions at a later date.


  1. ORDERING PRODUCTS ON THE WEBSITE


The company reserves the right to correct the content of the Site at any time.

  • The Customer can find on the product page the period during which, or the date until which, spare parts essential for the use of the product are available on the market.


  • The products offered for sale are described and presented as accurately as possible. However, minor variations in the color of the product(s) do not constitute grounds for liability on the part of the company and do not affect the validity of the sale.
  • The Customer selects the Product(s) they wish to purchase, and can access their Order summary at any time.
  • The order summary lists the product(s) the customer has selected and includes any additional charges, such as delivery fees, added to the price of the product(s) in the order. The customer has the option to modify their order and correct any errors before accepting it.
  • After accessing the summary of his Order, the Customer confirms acceptance of his Order by ticking the box to validate the Terms and Conditions, then by clicking on the Order validation icon.The phrase "Order with obligation to pay" or a similar unambiguous formula appears next to the Order validation icon to ensure that the Customer explicitly acknowledges their obligation to pay for the Order.
  • After acceptance of the Terms and Conditions and validation of the Order with obligation to pay, the contract is validly concluded between the company and the Client and binds them irrevocably.
  • After confirming their order and in order to proceed with payment, the Customer enters the delivery address for the ordered product(s), and the billing address if different. The delivery process for the ordered product(s) is described in Article 5 of these Terms and Conditions.
  • The company then sends him an Order confirmation by email, including the details of his Order summary and the delivery and, where applicable, billing addresses provided.
  • After confirming their delivery details and, where applicable, billing details, the Customer proceeds to pay for their Order according to the terms specified below.


  1. ORDER PRICE AND PAYMENT TERMS


  • Prices are listed on the Site in the Product descriptions, in euros and excluding tax and including all taxes.
  • The total amount is shown in the order summary before the customer accepts these terms and conditions, confirms their order, enters and confirms their delivery and, if applicable, billing details, and proceeds to payment. This total amount includes all taxes.
  • Orders placed on the Site are payable in euros. Full payment must be made by the Customer on the day the Order is placed, by credit card, unless otherwise expressly agreed upon by the Customer and the company.
  • For payments made by credit card, the Site uses the Stripe security system, a provider specializing in online payment security. This system guarantees the Customer complete confidentiality of their banking information. The credit card transaction between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the company. Stripe's terms of service can be found at the following address: : https://www.stripes.com.
  • The Customer warrants to the company that they have the necessary authorizations to use the payment method when placing the Order.
  • The company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and stage of execution, in the event of non-payment or partial payment of any sum owed by the Customer to the company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.


  1. DELIVERY
  • The product(s) offered on the Site can be delivered to France as well as to any other country.
  • The company undertakes to deliver the product(s) within a period not exceeding 3 to 7 days from the date of the Order.
  • The Customer is notified by email when their Order is ready for shipment.The product(s) ordered (are) delivered to the delivery address indicated by the Customer when placing their Order under the conditions specified in Article 8 of these Terms and Conditions.
  • The Customer must ensure that the information provided, as referred to in Article 3.7 of these Terms and Conditions, is correct and remains so until the complete delivery of the ordered product(s). The Customer therefore undertakes to inform the Company of any changes to billing and/or delivery details that may occur between the Order and delivery by sending an email without delay to the customer service email address. Otherwise, in the event of a delay and/or delivery error, the Customer may not hold the Company liable for non-delivery, and the Company's customer service will contact the Customer to arrange a second delivery at the Customer's expense.
  • The company will also not be responsible if the non-receipt of the Products is due to the actions of a third party outside of its involvement or in the event of theft.
  • In the event of the Order being returned due to the Customer's absence, the company's customer service will contact the Customer to arrange a second delivery at the Customer's expense.
  • The Customer can track the delivery of their Order by contacting customer service, the number of which is listed in article 6.2 of these Terms and Conditions.


  1. CUSTOMER SERVICE


  • For any request for information, clarification or for any complaint, the Customer must first contact the company's customer service department, in order to allow the latter to try to find a solution to the problem.
  • The company's customer service is available 24/7 using the following contact details: :
  • e-mail : info@izysmile.com


  1. GUARANTEES LEQUAL AND COMMERCIAL


All products offered by the company are subject to the legal guarantee of conformity provided by law, and in particular Articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee against hidden defects provided by Articles 1641 and 1648, first paragraph, of the Civil Code :

The non-conforming product will be replaced or repaired according to the cost arrangements stipulated by the Consumer Code.

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

Thus the Client :

(i) has a period of two (2) years from the delivery of the product to take action in the event of non-conformity of the Product

(ii) is exempt from providing proof of the existence of the lack of conformity of the goods during the ten (6) months following delivery of the product,

(iii) may choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.


Furthermore, the Customer may also invoke the legal guarantee against hidden defects in the goods sold, as defined in Articles 1641 et seq. of the French Civil Code. This legal guarantee against hidden defects entitles the Customer, within two years of discovering the defect, to a refund for a Product that has proven unfit for its intended use.


The warranty against hidden defects allows the Customer to be protected against hidden defects in the purchased product which prevent its use or affect it to such an extent that the Customer would not have purchased it.


The customer then has a choice between two options : keep the product and request a price reduction, or return the product and request a refund of the price paid, in accordance with Article 1644 of the Civil Code.


The following legal provisions are recalled:


Article L217-4 of the Consumer Code : ''The seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision..''
 
Article L217-5 of the Consumer Code : '' The goods conform to the contract: 1° If they are fit for the purpose for which goods of the same type are normally used and, where applicable (a) if they correspond to the description given by the seller and possess the qualities which the seller presented to the buyer in the form of a sample or model; (b) if they possess the qualities which a buyer may legitimately expect having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Or if they possess the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller. ''


Article L217-7 of the Consumer Code : '' Any lack of conformity that appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is six months. The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.. ''


Article L217-8 of the Consumer Code : '' The buyer has the right to demand that the goods conform to the contract. However, they cannot contest conformity by invoking a defect that they knew of or could not have been unaware of when they entered into the contract. The same applies when the defect originates from materials that they themselves supplied.. ''


Article L217-9 of the Consumer Code : '' In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may refuse the buyer's choice if it entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In such a case, the seller is obligated to proceed, unless impossible, according to the option not chosen by the buyer. ''


Article L217-10 of the Consumer Code : '' If repair and replacement of the goods are impossible, the buyer may return the goods and receive a full refund or keep the goods and receive a partial refund. The buyer has the same option: 1° If the solution requested, offered, or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's claim; 2° Or if this solution cannot be implemented without significant inconvenience to the buyer, taking into account the nature of the goods and their intended use. However, the sale cannot be rescinded if the lack of conformity is minor.. ''


Art.Article L217-11 of the Consumer Code : '' The provisions of Articles L. 217-9 and L. 217-10 shall be applied at no cost to the buyer. These same provisions do not preclude the awarding of damages. ''


Article L217-12 of the Consumer Code : ''The action resulting from a lack of conformity is time-barred two years from the date of delivery of the goods.. ''


Article L217-13 of the Consumer Code : ''The provisions of this section do not deprive the buyer of the right to bring an action based on latent defects as provided for in Articles 1641 to 1649 of the Civil Code, or any other contractual or extra-contractual action to which they are entitled by law.. ''


Article 1641 of the Civil Code : '' The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them. ''


Article 1642 of the Civil Code : '' The seller is not liable for apparent defects which the buyer could have discovered for himself. ''


Article 1643 of the Civil Code : '' He is liable for hidden defects, even if he was unaware of them, unless, in that case, he stipulated that he would not be bound by any warranty..''

Article 1644 of the Civil Code : '' In the case of articles 1641 and 1643, the buyer has the choice of returning the item and receiving a refund of the price, or keeping the item and receiving a partial refund of the price. ''


Article 1646 of the Civil Code : '' If the seller was unaware of the defects in the item, they will only be required to refund the price and reimburse the buyer for the expenses incurred by the sale.. ''


Article 1648 of the Civil Code : '' The action resulting from latent defects must be brought by the buyer within two years of discovering the defect. (…) ''


If a Customer believes they have received a product that they consider defective or non-compliant, they must contact the company as soon as possible after receiving the Order, at the following email address : info@izysmile.com,  specifying the defect or non-conformity in question.


The Client shall be responsible for providing all necessary evidence to substantiate any apparent defects and/or anomalies observed. The Client shall allow the company every opportunity to verify these defects or non-conformities and to remedy them if necessary. The Client shall refrain from taking any action himself or involving a third party for this purpose.


If the defects and/or anomalies are confirmed by the company, the latter will then send the Client its instructions on how to proceed after having taken note of the complaint thus formulated and, where appropriate, will proceed to replace the product which the company has had to note as being non-compliant or defective.


In the event that an exchange of the product is impossible, the company will be required to reimburse the Customer within fourteen days of receiving the product.The refund will be made, at the company's suggestion, by credit to the Client's bank account; the Client may choose an alternative refund method.  


  1. CUSTOMER OBLIGATIONS

 

  • The Client agrees to comply with the terms of these General Terms and Conditions.
  • The Client agrees to use the Site in accordance with the company's instructions.
  • The Client agrees to use the Site only for personal use, in accordance with these Terms and Conditions. In this regard, the Client agrees to refrain from :
  • To use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions.
  • To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Client, attempt to discover any source code or use any software activating or comprising all or part of the Site.
  • Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site.
  • Using the Site for abusive purposes by intentionally introducing viruses or any other malicious programs and attempting to gain unauthorized access to the Site.
  • To infringe the company's intellectual property rights and/or to resell or attempt to resell the products to third parties.
  • To disparage the Site and/or products as well as the company on social networks and any other means of communication.


  • If, for any reason, the company considers that the Client is not complying with these Terms and Conditions, the company may at any time, and at its sole discretion, terminate the Client's access to the Site and take all measures including any civil and criminal legal action against the Client.


  1. RIGHT OF WITHDRAWAL

 

  • In accordance with Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 days from the receipt of the last product ordered on the Site to exercise his right of withdrawal with the company, without having to justify reasons or pay any penalty.


  • All Products/Services can be returned, except those excluded by Article L.Article 221-28 of the Consumer Code, reproduced below:



The right of withdrawal cannot be exercised for the following contracts:

1° Supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer's express prior agreement and express waiver of their right of withdrawal;

2° Supply of goods or services whose price depends on fluctuations in the financial market which are beyond the control of the professional and which may occur during the withdrawal period;

3° Supply of goods made to the consumer's specifications or clearly personalized;

4° Supply of goods liable to deteriorate or expire rapidly;

5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° Supply of goods which, after delivery, are, by their nature, inseparably mixed with other articles;

7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

9° The supply of audio or video recordings or computer software which have been unsealed by the consumer after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

11° Concluded during a public auction;

12° Provision of accommodation services, other than residential accommodation, transport services for goods, car rentals, catering or leisure activities which must be provided on a specific date or during a specific period;

13° Supply of digital content not supplied on a tangible medium where performance has begun after the consumer’s prior express consent and express waiver of their right of withdrawal.


  • To exercise their right to withdraw from the Order, the Customer must notify their decision to withdraw using the withdrawal form provided in the appendix to this document or by means of an unambiguous statement, without having to provide any justification. The Customer may communicate their decision to withdraw to the company by any means, including by sending it by mail to the company at the following address: :info@izysmile.com.


  • In the event of notification to the company by the Client of his decision to withdraw, regardless of the means used, the company will send him without delay an acknowledgement of receipt of the withdrawal on a durable medium (in particular by email).
  • The Customer must return the product(s) in the same condition as when received, and with all packaging materials, accessories and instructions (even if the product(s) has been unpacked), as soon as possible and at the latest within 14 days from notification of the decision to withdraw from this contract.In accordance with the law, the Customer is responsible for the return shipping costs of the product(s).
  • In the event of cancellation by the Customer, the refund for the Product(s) subject to the right of cancellation will be issued by the company using the same payment method as the initial transaction, unless the Customer expressly agrees to a different method. In any case, this refund will not incur any fees for the Customer. The refund will be processed as quickly as possible, and at the latest 14 days from the day the company is informed of the Customer's decision to cancel their Order.
  • In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that his liability to the company is engaged only for a depreciation of the product(s) returned following the exercise of his right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these goods.


  1. RESPONSIBILITYE

 

  • The company implements all measures necessary to ensure the Client receives high-quality product(s) under optimal conditions. However, it cannot under any circumstances be held liable for any non-performance or improper performance of all or part of the services stipulated in the contract, if such non-performance or improper performance is attributable to the Client, to an unforeseeable and insurmountable event caused by a third party unrelated to the contract, or to a case of force majeure. More generally, if the company were to be held liable, it could under no circumstances agree to compensate the Client for indirect damages or damages whose existence and/or amount are not established by evidence.


  • The company cannot be held responsible for damages caused by misuse of one of its products or by failure to comply with precautions for use and conditions of hygiene, storage and safety when using one of its Products/Services.
  • The Site may contain links to other sites not published or controlled by the company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
  • The inclusion of such links or references to any information, articles or services provided by a third party cannot and should not be interpreted as an express or tacit endorsement by the company of these sites and elements or their content.
  • The company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s) and other information disseminated on these websites.
  • It is expressly stipulated that the company cannot under any circumstances be held responsible, in any way whatsoever, in the event that the computer equipment or email of the Customers rejects, for example due to an anti-spam, the emails sent by the company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary of the Order or the shipping tracking email.
  • The Client is fully aware of the provisions of this article and in particular the aforementioned guarantees and limitations of liability, essential conditions without which the company would never have entered into the contract.


  1. SECURITY

 

The Client agrees not to compromise the security of the Site. To this end, the Client agrees not to engage in any unauthorized access to or remain in the company's information system. The Client may also not disrupt or interfere with the company's information system. Failure to comply may result in the company taking any and all necessary measures against the Client, including pursuing criminal charges under Articles 323-1 et seq. of the French Penal Code.



  1. INTELLECTUAL PROPERTY AND PERSONAL DATA

 

  • All elements of this Site, and the Site itself, are protected by copyright, trademark law, design rights, and/or all other intellectual property rights. These elements are the exclusive property of the company. All such rights are reserved worldwide.
  • The name and brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the company.
  • No title or right whatsoever to any element or software will be obtained by downloading or copying elements from this Site. The Client is strictly prohibited from reproducing (except for personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, or adding to this Site and the elements and software it contains, nor from modifying them or creating any derivative works based on them, nor from selling or participating in any sale related to this Site, the elements of this Site, or any related software.
  • The company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may not be assigned or transferred to any third party under any circumstances. The license is granted for the duration of the Client's use of the Site.
  • Any use by the Client of the company names, trademarks and distinctive signs belonging to the company is strictly prohibited except with the express prior agreement of the company.
  • The company understands that data protection and privacy are important issues for all internet users visiting the Site. In accordance with GDPR regulations, the company is committed to respecting your privacy and protecting your personal data, meaning any data that can directly or indirectly identify you as an individual.
  • As part of the order process, the company will collect the customer's personal data. The company is committed to protecting customers' personal data.
  • Files containing personal data necessary for order processing are stored on the servers of the website's hosting provider. This provider ensures compliance with the General Data Protection Regulation (GDPR). The company does not share or sell customers' personal data.
  • At the ordering stage on the Site, the Customer expressly consents to the collection and processing of their personal data necessary to process orders.
  • The personal data collected by the company is intended to enable the order to be fulfilled.The various personal data will not be kept longer than necessary for the purposes for which they were collected, including compliance with legal or tax obligations.
  • In accordance with the provisions of French Law No. 78-17 of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004, known as the "Data Protection Act", and the General Data Protection Regulation (GDPR), subject to proof of identity, all Customers, regardless of nationality, have the right to access, modify, and delete their personal data. Each Customer also has the right to request a restriction on the processing of their data and, furthermore, the right to data portability and the right to object to the processing of their personal data.
  • For the purposes of applying this clause and, in particular, to ensure the confidential processing of Customer data, the company has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: info@izysmile.com
  • In any event, every Customer has the right to make any complaint to the CNIL.


  1. NEWSLETTER


  • By ticking the box provided for this purpose or by expressly giving his consent for this purpose, the Client agrees that the company may send him, at a frequency and in a form determined by it, a newsletter (information letter) which may contain information relating to its business.
  • When the Customer ticks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the company for Products similar to those ordered.
  • Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, which is present in each of the newsletters.



  1. DO-NO-CALL LIST


The Customer has the option to register free of charge on a telephone marketing opt-out list called BLOCTEL (www.bloctel.gouv.fr) in order to no longer be contacted by telephone by a professional with whom he does not have a current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 relating to consumer affairs.

Any consumer has the option to register for free on this list on the website https://conso.bloctel.fr/index.php/inscription.php.


  1. APPLICABLE LAW AND JURISDICTION


  • These Terms and Conditions are governed by and construed in accordance with French law, without regard to its conflict of law principles.
  • In the event of any dispute arising from the interpretation and/or execution of these Terms and Conditions, or in connection with them, the Client may decide to submit the dispute with the company to conventional mediation or any other alternative dispute resolution method.
  • In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the company adheres to the E-commerce Mediator Service Mcca-mediation, whose contact details are as follows: 77 Rue de Lourmel, 75015 Paris, France – https://www.mcca-mediation.fr/

You can use the mediation service for consumer disputes related to an order placed online.

To find out how to contact the Ombudsman: https://www.mcca-mediation.fr/votre-reclamation


  • Finally, it is important to remember that mediation is not mandatory but is offered as a means of resolving disputes without resorting to legal action.
  • The Customer may also visit the European online dispute resolution platform established by the European Commission at the following address, which lists all approved dispute resolution bodies in France. : https://webgate.ec.europa.eu/odr/.
  • In the event of failure of this mediation procedure or if the Client wishes to bring the matter before a court, the rules of the code of civil procedure will apply.