Terms of sale
These Terms and Conditions of Sale are up to 18 March 2021
- These general conditions of sale (hereinafter '' CGV '') are proposed by the Izysmile Company (hereinafter '' '' '' '' '' '' '' ''), SAS with the capital of 20 000 euros, listed in the commercial register and companies of Armentières under number 893147447 00013, represented by Nzanga Izidor, whose head office is fixed at 62 Rue Gustave Duriez, 59280 Armentières, France.
- Its email address is email@example.com.
- The company owns and publisher of the website https://www.izysmile.com.
- The site offers the customer (hereinafter '' The customer '') The possibility of the site allows customers to buy loan-to-speakers, women's shoes and accessories, man and child and also sporting goods ( hereinafter the '' products '').
- Prior to any use of the site, the customer must ensure that he has the technical and computer means allowing him to use the site and order the products on the site, and that his browser allows secure access to the site. The customer must also make sure that the computer configuration of his hardware / equipment is in good condition and does not contain viruses.
- Application and opposability of CGV
- The purpose of these CGVs are to define all the conditions under which the company markets products as proposed for sale on the site to customers. They apply to any order (hereinafter '' 'command' ') of products spent on the site by the customer.
- The client declares that he has read and accepted the present CGV before the grant of his order.
- The validation of the order is therefore acceptance of these CGVs. These are regularly updated, the applicable CGVs are those in effect on the site at the date of payment.
- Any contrary condition laid down by the customer would therefore be, in the absence of express acceptance, unenforceable to the company whatever the time it could have been brought to his knowledge.
- The fact that the Company does not prevail at some point in any provision of these CGVs can not be interpreted as a renunciation of renunciation of any provision of such GTCs.
- Order of products on the site
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, the spare parts essential for the use of the product are available on the market.
- The proposed products (s) for sale are described and presented with the greatest possible accuracy. Nevertheless, a minimal variation in the color of the product (s) does not undertake the responsibility of the company and does not affect the validity of the sale
- The customer selects the product (s) he wishes to buy, and may access the summary of his order at any time.
- The summary of the order presents the list of the product (s) that the Customer has selected (s), and includes any ancillary fees such as the delivery price to be added at the price of the order product (s). The customer has the possibility to modify his order and correct any errors before proceeding with the acceptance of his order.
- After accessing the summary of his order, the client confirms the acceptance of his order by checking the VALIDATION box of the CGV, then clicking on the validation icon of the command. The words '' order with payment obligation '' or a similar formula without ambiguity appears next to the validation icon of the order to ensure that the customer explicitly recognizes his obligation to pay the order.
- After acceptance of the CGV and validation of the order with payment obligation, the contract is validly concluded between the company and the customer and commits them irrevocably.
- After the validation of its order and in order to proceed to the payment, the customer seizes the coordinates he wished to obtain delivery of the ordered products (s), and billing if they are different. The delivery process of the ordered product (s) is described in Article 5 of these CGVs.
- The Company then sends it a confirmation of order by email, taking up the elements of the summary of its order and the delivery addresses and if necessary informed invoicing.
- After validating its delivery details and if applicable invoicing, the customer shall pay for the payment of his order according to the terms and conditions specified below.
- PRICES AND CONDITIONS OF PAYMENT OF THE ORDER
- The prices are mentioned on the site in the descriptions of the products, in euros and excluding tax and all taxes included.
- The total amount is indicated in the summary of the order, before the client accepts the present CGVs, validates its order, provides information and validate its delivery details and if necessary invoicing and payment. This total amount is indicated all taxes included.
- The order of products on the site is payable in euros. The entire payment must be carried out on the day of the order by the customer, by credit card, except for the special conditions of sale expressly accepted by the customer and the company.
- In case of payment by credit card, the site uses the security system of Mollie, a provider specializing in the online payment securing. This system guarantees the customer the total confidentiality of his banking information. The bank transaction by credit card, made between the client and the secure system is thus fully encrypted and protected. Customer's bank details are not stored logically by society. The general conditions of use of Mollie are available at the following address: https://www.mollie.com/er/user-agreement.
- The customer guarantees the company that he has the necessary authorizations to use the payment method, during the passing of the order.
- The Company reserves the right to suspend or cancel any execution and / or delivery of an order, regardless of its nature and level of execution, in the event of a lack of payment or partial payment of any amount which would be Due by the Customer to the Company, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an order.
- The proposed product (s) on the site may be delivered to France as well as in any country
- The Company undertakes to deliver the product (s) within a period not exceeding 3 to 7 days from the date of order.
- The customer is informed by email, when his order is ready, his expedition. The product (s) ordered (s) (s) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in Article 8 of the present CGV.
- The Customer must ensure that the information provided in Article 3.7 of these CGV is correct, and that they remain so far as complete delivery of the controlled product (s). The customer therefore undertakes to inform the company from any billing and / or delivery coordinate change that could intervene between the order and delivery, by sending, without delay, an email at the customer service email address. Otherwise, in case of delay and / or delivery error, the Customer will in no way engage the responsibility of the company in the event of a default, and the customer service of the company will contact the customer for a second delivery on client fee.
- The company will not be responsible either if the non-receipt of the products is due to a third party outside its intervention or in case of theft.
- In case of return of the order due to the absence of the customer, the customer service of the company will contact the customer for a second delivery to the customer.
- The Customer may follow the delivery of his order by contacting the Customer Service whose number is given in Article 6.2 of these CGVs.
- CUSTOMER SERVICE
- For any request for information, details, or for any claim, the customer must contact the Company's customer service, in order to allow the latter to try to find a solution to the problem.
- The company's customer service is 7/7-24/24 using the following coordinates:
- Email: firstname.lastname@example.org
- Or the chat
- Guarantees LEqual and commercial
All the products offered by the Company shall be subject to the legal guarantee of compliance provided for by law, including Articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the Guarantee of hidden defects provided for in Articles 1641 and 1648, first paragraph, of the Civil Code:
The non-compliant product will be subject to replacement or repair according to the cost arrangements provided for in the Consumer Code.
The legal warranty of compliance applies independently of the commercial guarantee optionally granted.
So the customer:
(i) benefits from a period of two (2) years from the issuance of the product to act in default of product compliance
(ii) is exempted to report proof of the existence of the lack of conformity of the property during the ten (6) months following the issuance of the product,
(iii) may choose between the repair or replacement of the product, subject to the cost conditions provided for by Article L. 217-9 of the Consumer Code.
In addition, the customer may also implement the legal guarantee under the hidden defects of the thing sold, within the meaning of Articles 1641 and following of the Civil Code. The legal guarantee of hidden defects allows the customer within two years from the discovery of the vice, the reimbursement of a product that proved to be unfit for its use.
The guarantee of hidden defects allows the customer to be protected against the hidden defects of the purchased product and which prevents the use or assigning it to a point such that the customer would not have purchased.
The customer then has the choice between two options: keep the product and request a reduction in the price, or make the product and request the reimbursement of the price paid, in accordance with Article 1644 of the Civil Code.
The following legal provisions are recalled:
Art. L217-4 of the Consumer Code: ’’The seller delivers a property consistent with the contract and responds with existing compliance defects when issuing. It also meets compliance defects resulting from the package, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility..’’
Art. L217-5 of the Consumer Code: ’’ The property is consistent with the contract: 1 ° if it is specific to the usual use of a very similar and, if applicable (a) if it corresponds to the description given by the seller and has the qualities that the - presented to the buyer in the form of sample or model; (b) if he presented the qualities a buyer may legitimately wait in respect of the public declarations made by the seller, by the producer or by his representative especially in advertising or labeling; (2) or if he presents the characteristics defined by the parties or is specific to any special purpose sought by the buyer, brought to the knowledge of the seller and that the latter accepted.’’
Art. L217-7 of the Consumer Code: ’’ The defects of compliance that appears within twenty-four months of the issuance of the property are presumed to exist at the time of issue, unless otherwise evidence. For the property sold used, this period is fixed at six months. The seller can fight this presumption if it is not compatible with the nature of the property or default of compliance invoked. ’’
Art. L217-8 of the Consumer Code: ’’ The buyer is entitled to require the compliance of the property to the contract. However, it can not dispute compliance by invoking a defect that he knew or could not ignore when he contracted. The same goes when the defect has its origin in the materials it has provided. ’’
Art. L217-9 of the Consumer Code: ’’ In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice leads to a clearly disproportionate cost with regard to the other modality, given the value of the property or the importance of the defect. It is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer.’’
Art. L217-10 of the Consumer Code: ’’ If the repair and replacement of the property are impossible, the buyer can make the property and make the price restore or keep the property and make part of the price. The same faculty is open to it: (1) if the requested solution, proposed or agreed pursuant to Article L. 217-9 can not be implemented within one month following the claim of the Buyer; (2) or if this solution can not be without major inconvenience for the latter considering the nature of the good and the use it seeks. The resolution of the sale can however be pronounced if the lack of conformity is minor. ’’
Art. L217-11 of the Consumer Code: ’’ The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any expenses for the buyer. These same provisions do not preclude the allowance of damages. ’’
Art. L217-12 of the Consumer Code: ’’The action resulting from the lack of conformity is prescribed by two years from the issuance of the property. ’’
Art. L217-13 of the Consumer Code: ’’The provisions of this section do not deprive the buyer of the right to exercise the action resulting from the drafting defects as it follows from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature that is recognized. by the law. ’’
Art. 1641 of the Civil Code: ’’ The seller is bound by the warranty for the hidden defects of the sold thing that makes it unfit for the use to which it is destined, or which diminish so much that the purchaser would not have acquired, or would have given that a lower price, if he knew them.’’
Art.1642 of the Civil Code: ’’ The seller is not kept visiting vices and whose buyer was able to convince himself. ’’
Art. 1643 of the Civil Code: ’’ It is held vices hidden, anyway it would not have known them, unless, in this case, it stipulated that it will not be obliged to.’’
Art. 1644 of the Civil Code: ’’ In the case of Articles 1641 and 1643, the buyer has the choice to make the thing and to be restored the price, or to keep the thing and to make a part of the price. ’’
Art. 1646 of the Civil Code: ’’ If the seller ignored the vices of the thing, it will be held only at the return of the price, and to repay to the purchaser the costs incurred by the sale. ’’
Art. 1648 of the Civil Code : ’’ The action resulting from the redirected defects must be brought by the purchaser within two years from the discovery of the vice. (...)’’
If a customer considers that he has received a product that he considers defective or non-compliant, he must contact the Company, as soon as possible from the receipt of the order, to the following email address: email@example.com, Specifying the defect or non-compliance in question.
It will be up to the Customer to provide any justification for the appointment of apparent defects and / or anomalies found. The customer will have to leave the Company any ease for the finding of these defects or nonconformities and to remedy it if necessary. It will refrain from intervening itself or involve a third party for this purpose.
If the vices and / or anomalies are confirmed by the company, it will then send to the Customer its instructions on how to proceed after taking note of the claim thus formulated and, if necessary, will proceed to the replacement of the product including the company would have been brought to note the lack of conformity, or the defect.
In the case where the exchange of the product would be impossible, the company will be required to repay the customer within fourteen days of receipt of the product. The refund will be made on the proposal of the Company by Credit on the Customer's bank account, the customer who can opt for another method of repayment than that proposed.
- Customer's obligations
- The Customer undertakes to respect the terms of these CGVs.
- The customer undertakes to use the site in accordance with the instructions of the company.
- The Customer agrees that he uses the site only for his personal use, in accordance with the present CGVs. In this respect, the customer agrees to abstain:
- To use the site anyway illegally, for any illegal purpose or anyway incompatible with these GTCs.
- To sell, copy, reproduce, rent, lend, distribute, transfer or grant sub-license all or part of the contents on the site or decompile, disassemble, disassemble, modify, display in the form readable by the customer, attempt to discover Any source code or use any software activating or comprising all or part of the site.
- Attempting to obtain unauthorized access to the computer system of the site or to engage in any disturbing activity, decreasing quality or interfering with performance or deteriorate the features of the site.
- To use the site for abusive purposes by voluntarily introducing viruses or any other malicious program and attempt to access unauthorized access to the site.
- To infringe the intellectual property rights of the Company and / or to resell or attempt to resell products to third parties.
- To denigrate the site and / or the products as well as society on social networks and any other means of communication.
- If, for any reason, the Company considers that the Customer does not respect the present CGVs, the Company may at any time, and in its sole discretion, delete its access to the site and take all measures including any civil and criminal judicial action. his counter.
- RIGHT TO RETRACT
- In accordance with Articles L.221-18 and following 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 to the company without have to justify patterns or pay a penalty.
- All products / services may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:
The right of withdrawal can not be exercised for contracts:
1 ° providing services fully executed before the end of the withdrawal period and whose execution began after express prior agreement of the consumer and express renunciation with his right of withdrawal;
2 ° providing goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3 ° supply of goods made according to consumer specifications or clearly personalized;
4 ° providing goods likely to deteriorate or permitting rapidly;
(5) supply of goods that have been descented by the consumer after delivery and can not be returned for health or health protection;
6 ° supply of goods which, after having been delivered and by their nature, are mixed in an inseparable manner with other articles;
7 ° supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed to the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8 ° maintenance or repair work to be carried out urgently at the home of the consumer and expressly solicited by him, within the limits of spare parts and works strictly necessary to meet the emergency;
9 ° providing audio or video recordings or computer software when they have been descented by the consumer after delivery;
10 ° providing a newspaper, a periodical or magazine, except for subscription contracts to these publications;
11 ° concluded at a public bid;
12 ° accommodation services, other than residential accommodation, goods transportation services, car rentals, catering or leisure activities that must be provided on a specified date or period;
13 ° providing numerical content not provided on a material medium whose execution has begun after express prior agreement of the consumer and express renunciation with his right of withdrawal.
- To exercise his right of withdrawal of the order the customer must notify his retraction decision by means of the withdrawal form proposed as an appendix of the present or by means of a declaration devoid of ambiguity, without warranting of reasons. The Customer may communicate his retraction decision to the Company by any means, including by sending it by mail to the Company at the following address:firstname.lastname@example.org.
- In the case of notification to the Company by the Customer of its retraction decision, regardless of the means used, the Company will promptly send it an acknowledgment of receipt of the withdrawal on a sustainable support (in particular by email).
- The customer must return the product (s) in the same state as the one in which it has received it (s), and with all the packaging elements, accessories and notices (even if the ( (s) Product (s) A or have been unpacked (s)), as soon as possible and at the latest within 14 days from the notification of the retraction decision of this Agreement. In accordance with the law, the customer is responsible for the return costs of the product (s).
- In the event of a retraction of the client, the reimbursement of the product (s) which has or have been the subject of the right of withdrawal shall be carried out by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees a different means. In any case, this refund will not cause fees for the customer. The refund is operated as soon as possible, and at the latest 14 days from the day the company is informed of the decision of the retraction client of his order.
- In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that his liability is committed to the Company only for a depreciation of the product (s), returned (s) Following the exercise of its right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
- The Company implements all measures to provide the customer with the supply, in optimal conditions of quality product (s). However, it can not, in any case, see its liability incurred for any non-performance or mishandling of all or part of the benefits provided for in the contract, which would be attributable to the customer, or the unpredictable and insurmountable fact of a third party foreign to the contract, or to a case of force majeure. More generally, if the responsibility of the company was engaged, it could not in any case agree to compensate the customer for indirect damages or whose existence and / or quantum would not be established by evidence.
- The Company will not be held responsible for the damage caused by a misuse of one of its products or by non-compliance with the precautions of use and conditions of hygiene, storage and safety when using one of its Products / Services.
- The site may contain links to other united sites or controlled by the Company, which can not be held responsible for the operation, content or any element that is present or obtained through these sites.
- The establishment of such links or the reference to any information, articles or services provided by a third person, can not and may not be interpreted as an express or tacit downstream, by the company, of these sites and these elements or their contents.
- The company is not responsible for the availability of these sites and can not control the content or validate the advertising, the product (s) and other information disseminated on these websites.
- It is expressly stipulated that the company can not in any way be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic courier of the customers would reject, for example because of an anti-spam, the Electronic mail addressed by the Company, and in particular, without this list being exhaustive, the copy of the payment ticket, the summary state of the order or the email of shipping tracking.
- The customer fully aware of the provisions of this article and in particular the guarantees and limitations of liability referred to above, essential conditions without which the company never contracted.
The customer agrees not to undermine the security of the site. To this end, it undertakes not to proceed with any fraudulent access and / or maintaining in the company's information system. The customer can not affect or hinder the company's information system. In the absence, the Company may take against any measure and in particular initiate its criminal responsibility under Articles 323-1 and following of the Penal Code.
- Intellectual Property and Personal Data
- All the elements of this site and the site itself, are protected by copyright, trademark law, designs and / or other intellectual property rights. These elements are the exclusive property of the company. All of these rights are reserved for the whole world.
- The name and brand the logos, designs, stylized letters, figurative brands, and all signs represented on this site are and will remain the exclusive property of the company.
- No title or law about any item or software will be obtained by download or copy of this site. It is strictly forbidden to reproduce (except for its personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this site and the elements and software it contains, no more Whether modifying or performing any work by taking them as a basis, sell or participate in any sales in connection with this site, the elements of this site or its relating it.
- The company concedes the client a non-exclusive license to use the site. This license is strictly personal and can not be ceded or transferred to any third. The license is granted for the duration of use of the site.
- Any use by the customer of the social names, trademarks and separate signs belonging to the Company is strictly prohibited except in case of express and prior agreement of the company.
- The company understands that the protection of data and privacy is an issue for all Internet users visiting the site. The Company undertakes, in accordance with the RGDP regulations, to respect your privacy and to protect your personal data, ie likely to identify you directly or indirectly as a person.
- As part of the order, the company aims to raise customer's personal data. The company is committed to protecting personal data from customers.
- Files with personal data required for the command are preserved on the servers of the host of the site. This provider ensures compliance with the requirements of the General Data Protection Regulations (RGDP). The company does not communicate and does not trade personal data from customers.
- At the stage of the order on the site, the customer expressly consents to the collection and processing of his personal data necessary to perform the orders.
- The purpose of the personal data collected by the Company is intended to allow the completion of the order. The different personal data will not be retained longer than necessary for the purposes for which they have been harvested, including compliance with legal or tax obligations.
- In accordance with the provisions of Law No. 78-17 of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004 so-called Informatique et Libertés', and the General Regulations on Data Protection ( RGPD), subject to justifying your identity, any customer, regardless of its nationality, has a right of access, modification and removal of its personal data. Each client is also entitled to solicit a limitation of the processing of his data and also has a right to data portability as well as a right of opposition to the processing of personal data.
- For the purposes of this clause and, in particular, to ensure the confidentiality processing of the client data, the Company has designated, in accordance with the provisions of the General Data Protection Regulation (RGDP), a delegate to the Data protection, that it is possible to contact at the following address: email@example.com
- In any case, any customer has the right to make any complaint with the CNIL.
- By checking the box provided for this purpose or expressly giving its agreement to this end, the Customer agrees that the Company can send it, at a frequency and in a form determined by it, a newsletter (newsletter) that may contain information relating to its activity.
- When the customer checks 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 ability to unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletters (newsletters).
- List of opposition to telephonic demarching
The Customer has the option to register for free on an opposition list to telephone sitting block (www.bloctel.gouv.fr) to no longer be dominated by a professional with whom he has no contractual relationship in course, in accordance with the law n ° 2014-344 of 17 March 2014 on consumption.
Any consumer has the opportunity to register for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php.
- Applicable law and jurisdiction
- These CGVs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
- In the event of a dispute likely to occur on the occasion of the interpretation and / or the execution of these or in relation to these GTCs, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or Any other alternative dispute settlement mode.
- In accordance with the provisions of the Consumer Code concerning the friendly settlement of disputes, the Company adheres to the McCa-Mediation E-Commerce Ombudsman whose contact details are: 77 rue de Lourmel, 75015 Paris, France - https: // www.mcca-mediation.fr/
You can use the mediation service for consumer disputes related to an internet order.
To know the methods of referral to the mediator: https://www.mcca-mediation.fr/Your-reclamation
- It is finally recalled that mediation is not mandatory but only proposed to resolve disputes by avoiding a recourse to justice
- The Customer may also go to the European Consumer Dispute Resolution Platform set up by the European Commission at the following address and listing all registered litigation bodies in France: https://webgate.ec.europa.eu/odr/.
- In case of failure of this mediation procedure or the client wishes to grasp a jurisdiction, the rules of the Code of Civil Procedure will apply.