Terms of use
PREAMBLE
Izysmile is a web platform, available at the address https://www.izysmile.com (THE 'Site').
This Site is published by Izysmile, whose registered office is located in France and registered with the Armentières trade and companies register under identification number 893147447 00013. Izysmile is accessible to users.
The purpose of these General Terms and Conditions of Use The aim is to define the terms and conditions governing the relationship between Users and Izysmile. In the event of non-compliance with these Terms, Izysmile reserves the right to take any action necessary to protect its interests and, in particular, to ensure their enforcement.
The user agrees, upon each visit to the Platform, to comply with all of these Terms and Conditions without reservation. Consequently, the user acknowledges having read the Terms and Conditions and agrees to be bound by these provisions. If the user accesses the Platform on behalf of a company or any other legal entity, they are nevertheless personally bound by this Agreement.
ARTICLE 1 PURPOSE OF THE SITE
The Site allows the User to access, in particular, the following services: Clothing and accessories.
Izysmile, in accordance with these Terms, grants Users a limited, revocable, non-exclusive, and non-transferable right of access to the Services for strictly personal use. Any use of the Platform contrary to its intended purpose is strictly prohibited and constitutes a breach of these provisions.
ARTICLE 2 : ACCESS TO THE SITE
To be eligible for the Service, the User may be a natural or legal person.
Izysmile reserves the right to suspend or refuse access to the Site for one or more Users.
ARTICLE 3 SITE MANAGEMENT
The Publisher implements the necessary technical solutions to ensure continuous access to the Site for the User. However, it reserves the right to limit or suspend access to all or part of the Site at any time and without prior notice. Such an interruption may be necessary, in particular, for site or content maintenance, or for any other reason deemed necessary for the proper functioning of the Site by the Publisher.
Use of the Platform requires an internet connection and a web browser. The platform can be accessed at the following address: : https://www.izysmile.comTo ensure the proper functioning of the Site, it is specified that the Site is optimized for :
- A screen resolution of 1280×768 pixels ;
- The latest versions of Edge, Chrome, Firefox and Safari browsers.
All hardware and software necessary to access the Platform and use the Services remain the sole responsibility of the User.
ARTICLE 4 REPORTING
The user has the option to contact the Publisher to report any illegal or manifestly inappropriate behavior or content.Such a report can be made by email to the address Info@izysmile.com ARTICLE 5 : USE OF PLATFORM SERVICES
Users are prohibited from :
- to transmit, publish, distribute, record or destroy any material, in particular Izysmile content, in violation of applicable laws or regulations concerning the collection, processing or transfer of personal information;
- to disseminate data, information, or content that is defamatory, abusive, obscene, offensive, violent or incites violence, or that is political, racist or xenophobic, and generally any content that would be contrary to applicable laws and regulations or to public morals ;
- to reference or create links to any content or information available from Izysmile sites, except with the express, prior and written agreement of Izysmile;
- to use information, content or any data present on the Site in order to offer a service considered to be competitive with Izysmile.
- to sell, exchange or monetize information, content or data present on the platform or Services offered by the Platform, without the express written consent of Izysmile;
- to reverse engineer, decompile, disassemble, decipher, or otherwise attempt to obtain the source code relating to any underlying intellectual property used to provide all or part of the Services ;
- to use software or manual or automated devices, coding robots or other means to access, explore, extract or index any page of the Site ;
- to endanger or attempt to endanger the digital security of Izysmile. This includes attempts to monitor, scan, or test the vulnerability of the system or network, or to breach security or authentication measures without express prior authorization. ;
- to counterfeit or use the products, logos, trademarks or any other element protected by the intellectual property rights of Izysmile ;
- to simulate the appearance or operation of the Site, for example by using a mirror effect ;
- to disrupt or interfere, directly or indirectly, with Izysmile, or to impose a disproportionate load on the Site's infrastructure, or to attempt to transmit or activate computer viruses through or on the Site.
Please note that breaches of system or network security may lead to civil and criminal prosecution. Izysmile verifies the absence of such breaches and may contact the judicial authorities to prosecute, if necessary, Users who have participated in such breaches.
Users agree to use the Site fairly, in accordance with its purpose and applicable laws, regulations, these Terms and Conditions and current practices.
ARTICLE 6 : INTELLECTUAL PROPERTY
All content on the Site, including designs, text, graphics, images, videos, information, logos, button icons, software, audio files and other content, belongs to Izysmile, which is the sole owner of all related intellectual property rights.
Any representation and/or reproduction and/or exploitation, in whole or in part, of the content and services offered by Izysmile, by any means whatsoever, without the prior written authorization of Izysmile, is strictly prohibited and may give rise to legal proceedings.
ARTICLE 7 PERSONAL DATA
All personal data held by Izysmile is collected lawfully and fairly in accordance with the terms of the privacy policy accessible at this address. : https://izysmile.com/policies/privacy-policy.
This data is provided by Users who voluntarily and expressly accept these Terms and Conditions authorizing Izysmile to process, disclose or transfer this data to any third party in order to allow (i) the User to fully enjoy the Services and functions offered by the Site, (ii) prevent any fraud and/or (iii) for statistical purposes.
To facilitate the use of the Site and personalize the User's experience, Izysmile uses cookies and log files. The use of cookies can be disabled by modifying the internet browser settings.
Personal data is stored by Izysmile for processing in connection with the use of the Services. It is kept for as long as necessary to provide the Services and functions offered by the Site.
The User retains ownership of the personal information they provide to Izysmile. In accordance with French law no. 78-17 of 6 January 1978, as amended on 24 March 2020, they have the right to access, rectify, and delete their personal data, as well as the right to object to the disclosure of this data to third parties for legitimate reasons.
The User may exercise their rights by writing to the following email address : Info@izysmile.com
The User may also exercise their rights by writing to the following postal address : ***postal TX***.
A response to the User's request will be sent within 30 days.
ARTICLE 8 : RESPONSIBILITY
Please note that data published by Users and information shared by them may be captured and used by other Users or third parties. Therefore, Izysmile does not guarantee the protection of this data; it is the User's responsibility to take all necessary measures to safeguard their data.
Izysmile does not guarantee uninterrupted or error-free operation of the Services; in particular, Izysmile cannot be held liable for any interruption of access to the Platform due to maintenance, updates or technical improvements.
In any event, Izysmile shall under no circumstances be liable for any indirect or unforeseeable losses or damages of the User or any third party, which includes in particular any lost profit, any unfortunate investment, inaccuracy or corruption of files or data, damage to image or commercial, loss of turnover or profit, loss of customers or loss of opportunity related to any title and on any basis whatsoever.
Furthermore, Izysmile cannot be held responsible for any delay or failure to perform this Contract justified by a case of force majeure, as defined by the jurisprudence of French courts and tribunals.
ARTICLE 9 : EVIDENCE AGREEMENT
Computer systems and files are considered authoritative in the relationship between Izysmile and the User.
Thus, Izysmile may validly produce, in the context of any procedure, for the purposes of proof, the data, files, programs, records or other elements, received, issued or stored by means of the computer systems operated, on all digital or analog media, and rely on them unless there is a manifest error.
ARTICLE 10 : INDIVISIBILITY
The fact that any provision of the Contract is or becomes illegal or unenforceable will not in any way affect the validity or enforceability of the other provisions of the Contract.
ARTICLE 11 : SETTLEMENT OF DISPUTES
The conclusion, interpretation and validity of this Contract are governed by French law, regardless of the User's country of origin or the country from which the User accesses Izysmile and notwithstanding the principles of conflict of laws.
In the event that a dispute concerning the validity, performance or interpretation of this Contract is brought before the civil courts, it shall be subject to the exclusive jurisdiction of the French courts, to which jurisdiction is expressly conferred, even in the case of summary proceedings or multiple defendants.
The User is informed that in any event they may resort to conventional mediation or any alternative dispute resolution method (conciliation for example) in the event of a dispute.
ARTICLE 12 DURATION OF THE GENERAL TERMS AND CONDITIONS OF USE
These general terms of use are concluded for an indefinite period, and the User is required to comply with them from the start of their use of the Services.
The Publisher reserves the right to modify this document at any time and without prior notice. Users will be notified of each update to the document.