販売規約

Terms and Conditions of Sale

Definitions

These Terms and Conditions of Sale (hereinafter "Terms") are provided by Izysmile, registered with the Trade and Companies Register (RCS) of Armentières under number 893147447 00013, France.

Its email address is info@izysmile.com.

The Company is the owner and publisher of the website https://www.izysmile.com.

The Site offers customers the ability to purchase women's sports apparel and accessories.

Before using the Site, the Customer must ensure they have the technical and computer resources necessary to use the Site and place Orders for Products on the Site, and that their browser allows secure access to the Site. The Customer must also ensure that their equipment is in good working order and free of viruses.

Application and Enforceability of These Terms

The purpose of these Terms is to define all the conditions under which the Company sells the Products offered for sale on the Site to Customers. They therefore apply to any Order ("Order") for Products placed on the Site by the Customer.

The Customer confirms having read and accepted these Terms prior to placing their Order.

Confirming the Order constitutes acceptance of these Terms. These Terms are updated regularly; the applicable Terms are those in effect on the Site on the date the Order is placed.

Any conflicting condition set forth by the Customer will therefore, absent express acceptance, be unenforceable against the Company, regardless of when it may have been brought to the Company's attention.

The fact that the Company does not, at any given time, invoke any provision of these Terms shall not be interpreted as a waiver of its right to invoke any such provision at a later time.

Ordering 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, spare parts essential to the use of the product are available on the market.

Products offered for sale are described and presented as accurately as possible. However, minor variations in the color of a product do not make the Company liable and do not affect the validity of the sale.

The Customer selects the Product(s) they wish to purchase and may access the Order summary at any time.

The Order summary presents the list of Product(s) selected by the Customer, and includes any additional costs, such as shipping fees, added to the price of the Product(s) in the Order. The Customer may modify their Order and correct any errors before proceeding to accept the Order.

After reviewing the Order summary, the Customer confirms acceptance of the Order by checking the box confirming acceptance of the Terms, then clicking the Order confirmation icon. The phrase "Order with payment obligation" or an equivalent unambiguous statement appears next to the Order confirmation icon, to ensure that the Customer explicitly acknowledges their obligation to pay for the Order.

Once the Terms have been accepted and the Order confirmed with a payment obligation, the contract is validly formed between the Company and the Customer, and is irrevocably binding on both parties.

After confirming their Order, and in order to proceed to payment, the Customer enters the address to which they wish the ordered product(s) to be delivered, and their billing address if different. The delivery process for the ordered product(s) is described in Article 5 of these Terms.

The Company then sends the Customer an Order confirmation by email, summarizing the details of the Order 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 under the terms described below.

Price and Payment Terms

Prices are listed on the Site in the product descriptions, in euros, both excluding and including all applicable taxes.

The total amount is shown in the Order summary before the Customer accepts these Terms, confirms their Order, enters and confirms their delivery and, where applicable, billing details, and proceeds to payment. This total amount is shown inclusive of all taxes.

Orders for Products on the Site are payable in euros. Full payment must be made by the Customer on the date of the Order, by credit card, unless special sale terms are expressly agreed to by both the Customer and the Company.

For credit card payments, the Site uses Stripe's secure payment system, a provider specialized in securing online payments. 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 banking details are not stored electronically by the Company. Stripe's terms of use are available at: https://www.stripe.com.

The Customer guarantees to the Company that they have the necessary authorization to use the chosen payment method at the time the Order is placed.

The Company reserves the right to suspend or cancel the performance and/or delivery of any Order, regardless of its nature or stage of completion, in the event of non-payment or partial payment of any amount 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 use of the Site or payment of an Order.

Shipping

The product(s) offered on the Site can be shipped to France, as well as to any other country.

The Company commits to shipping the product(s) within a timeframe not exceeding 3 to 7 days from the date the Order is placed.

The Customer is notified by email once their Order is ready and has shipped. The ordered product(s) will be delivered to the shipping address provided by the Customer at the time of Order, under the conditions specified in Article 8 of these Terms.

The Customer must ensure that the information provided, as referenced in Article 3.7 of these Terms, is accurate and remains accurate until the ordered product(s) are fully delivered. The Customer therefore agrees to notify the Company of any change to their billing and/or shipping information that may occur between the Order and delivery, by promptly emailing our customer service team. Failing this, in the event of a delivery delay or error, the Customer may not hold the Company liable for a failed delivery, and the Company's customer service team will contact the Customer to arrange a second delivery at the Customer's expense.

The Company will also not be held liable if the non-receipt of Products results from the actions of a third party outside of its control, or in the event of theft.

If an Order is returned due to the Customer's absence at the time of delivery, the Company's customer service team will contact the Customer to arrange a second delivery at the Customer's expense.

The Customer may track their Order's delivery by contacting customer service using the contact information listed in Article 6.2 of these Terms.

Customer Service

For any request for information, clarification, or complaints, the Customer should contact the Company's customer service team first, to allow them the opportunity to help resolve the issue.

The Company's customer service team is available 24/7 through the following contact information:

• Email: info@izysmile.com

Legal and Commercial Warranties

All products offered by the Company are covered under the legal warranty of conformity provided by law, in particular Articles L.217-4, L.217-5, and L.217-12 of the French Consumer Code, and the warranty against hidden defects provided under Articles 1641 and 1648, first paragraph, of the French Civil Code:

A non-conforming product will be replaced or repaired, in accordance with the cost provisions set out in the Consumer Code.

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

Accordingly, the Customer:

(i) has a period of two (2) years from the delivery of the product to bring a claim for non-conformity of the Product;

(ii) is not required to prove the existence of the non-conformity during the six (6) months following delivery of the product;

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

Additionally, the Customer may also invoke the legal warranty against hidden defects in the item sold, within the meaning of Articles 1641 et seq. of the Civil Code. The legal warranty against hidden defects allows the Customer, within two years of discovering the defect, to obtain a refund for a Product found to be unfit for its intended use.

The warranty against hidden defects protects the Customer against hidden defects in the purchased product that prevent its use, or that impair its use to such an extent that the Customer would not have purchased it had they known of the defect.

The Customer then has a choice between two options: keeping the product and requesting a price reduction, or returning the product and requesting a refund of the price paid, in accordance with Article 1644 of the Civil Code.

The following legal provisions are provided for reference:

Art. L217-4 of the French Consumer Code: "The seller delivers 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, where installation was the seller's contractual responsibility or was carried out under the seller's supervision."

Art. L217-5 of the French Consumer Code: "Goods conform to the contract: 1° If they are fit for the purpose ordinarily expected of similar goods and, where applicable, (a) if they match the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; (b) if they possess the qualities that a buyer may legitimately expect given the public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling; 2° Or if they possess the characteristics mutually agreed upon by the parties, or are fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller."

Art. L217-7 of the French 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 used goods, this period is set at six months. The seller may rebut this presumption if it is incompatible with the nature of the goods or the lack of conformity alleged."

Art. L217-8 of the French Consumer Code: "The buyer is entitled to demand conformity of the goods with the contract. However, the buyer may not contest conformity by invoking a defect they were aware of, or could not reasonably have been unaware of, at the time of contracting. The same applies where the defect originates from materials the buyer themselves supplied."

Art. L217-9 of the French Consumer Code: "In the event of non-conformity, the buyer chooses between repair and replacement of the goods. However, the seller need not comply with the buyer's choice if doing so would involve a cost clearly disproportionate to the alternative option, given the value of the goods or the significance of the defect. In such cases, the seller must proceed, unless impossible, with the option not chosen by the buyer."

Art. L217-10 of the French Consumer Code: "If repair and replacement of the goods are impossible, the buyer may return the goods and obtain a refund of the price, or keep the goods and obtain a partial refund. The same option is available to the buyer: 1° If the solution requested, offered, or agreed upon under Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without significant inconvenience to the buyer, given the nature of the goods and the intended use. However, the sale may not be rescinded if the lack of conformity is minor."

Art. L217-11 of the French Consumer Code: "The application of the provisions of Articles L. 217-9 and L. 217-10 shall occur at no cost to the buyer. These same provisions do not preclude the award of damages."

Art. L217-12 of the French Consumer Code: "Any action resulting from a lack of conformity is time-barred two years from the delivery of the goods."

Art. L217-13 of the French 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 under Articles 1641 to 1649 of the Civil Code, or any other contractual or extra-contractual action available to them by law."

Art. 1641 of the Civil Code: "The seller is bound by a warranty on account of hidden defects in the item sold that render it unfit for its intended use, or that so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of the defects."

Art. 1642 of the Civil Code: "The seller is not liable for apparent defects that the buyer could have discovered on their own."

Art. 1643 of the Civil Code: "The seller is liable for hidden defects even if unaware of them, unless the seller has stipulated that they shall not be bound by any warranty in such case."

Art. 1644 of the Civil Code: "In the cases covered by Articles 1641 and 1643, the buyer has the choice of returning the item and obtaining a refund of the price, or keeping the item and obtaining a partial refund of the price."

Art. 1646 of the Civil Code: "If the seller was unaware of the defects in the item, they shall only be required to refund the price and reimburse the buyer for expenses incurred as a result of the sale."

Art. 1648 of the Civil Code: "Any action based on latent defects must be brought by the buyer within two years of discovering the defect. (…)"

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

The Customer must provide any justification regarding the identification of apparent defects and/or anomalies observed. The Customer must allow the Company every opportunity to inspect these defects or non-conformities and remedy them where applicable. The Customer must refrain from taking action themselves, or having a third party take action, for this purpose.

If the Company confirms the defects and/or anomalies, it will provide the Customer with instructions on how to proceed after reviewing the complaint and will, where applicable, proceed to replace the product found to be non-conforming or defective.

Where product replacement is not possible, the Company will refund the Customer within fourteen days of receiving the returned product. The refund will be issued, at the Company's proposal, as a credit to the Customer's bank account, though the Customer may choose an alternative refund method.

Customer Obligations

The Customer agrees to comply with the terms of these Terms.

The Customer agrees to use the Site in accordance with the Company's instructions.

The Customer agrees to use the Site solely for personal use, in accordance with these Terms. In this regard, the Customer agrees to refrain from:

• Using the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms
• Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing all or part of the content on the Site, or decompiling, reverse-engineering, disassembling, modifying, displaying in a Customer-readable format, attempting to discover any source code, or using any software that activates or comprises all or part of the Site
• Attempting to gain unauthorized access to the Site's computer system, or engaging in any activity that disrupts, degrades, interferes with the performance of, or damages the functionality of the Site
• Misusing the Site by intentionally introducing viruses or any other malicious program, and attempting to gain unauthorized access to the Site
• Infringing on the Company's intellectual property rights and/or reselling or attempting to resell products to third parties
• Disparaging the Site and/or the products, or the Company, on social media or any other means of communication

If, for any reason, the Company believes the Customer is not complying with these Terms, the Company may, at any time and at its sole discretion, remove the Customer's access to the Site and take any measures it deems appropriate, including civil or criminal legal action against the Customer.

Right of Withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise their right of withdrawal with the Company, without having to provide any justification or pay any penalty.

All Products/Services may be withdrawn from, except for those excluded under Article L. 221-28 of the Consumer Code, reproduced below:

The right of withdrawal cannot be exercised for contracts:

1. For the supply of services fully performed before the end of the withdrawal period, where performance began following the consumer's prior express agreement and express waiver of their right of withdrawal;
2. For the supply of goods or services whose price depends on fluctuations in the financial market beyond the seller's control, which may occur during the withdrawal period;
3. For the supply of goods made to the consumer's specifications or clearly personalized;
4. For the supply of goods likely to deteriorate or expire rapidly;
5. For the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
6. For the supply of goods which, after delivery and due to their nature, are inseparably mixed with other items;
7. For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the time of contract formation depends on market fluctuations beyond the seller's control;
8. For urgent maintenance or repair work carried out at the consumer's home and expressly requested by the consumer, limited to the spare parts and work strictly necessary to address the emergency;
9. For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10. For the supply of a newspaper, periodical, or magazine, except for subscription contracts to such publications;
11. Concluded at a public auction;
12. For accommodation services other than residential accommodation, goods transport services, car rental, catering, or leisure activities that must be provided on a specific date or period;
13. For the supply of digital content not provided on a physical medium, where performance began following the consumer's prior express agreement and express waiver of their right of withdrawal.

To exercise their right of withdrawal from the Order, the Customer must notify the Company of their decision using the withdrawal form provided as an appendix to these Terms, or by way of an unambiguous statement, without providing justification. The Customer may communicate their decision to withdraw to the Company by any means, including by email to: info@izysmile.com.

Upon receiving the Customer's notification of withdrawal, by any means used, the Company will promptly send an acknowledgment of receipt of the withdrawal on a durable medium (including by email).

The Customer must return the product(s) in the same condition in which they were received, with all packaging elements, accessories, and instructions (even if the product(s) have been unpacked), as soon as possible and no later than 14 days from the notification of the decision to withdraw from this contract. In accordance with the law, the Customer bears the cost of returning the product(s).

In the event of the Customer's withdrawal, the refund for the Product(s) covered under the right of withdrawal will be issued by the Company using the same payment method used for the original transaction, unless the Customer expressly agrees to a different method. In any case, this refund will incur no cost to the Customer. The refund will be issued as soon as possible, and no later than 14 days from the day the Company is informed of the Customer's decision to withdraw from their Order.

In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that they are only liable to the Company for any diminished value of the product(s) returned following the exercise of their right of withdrawal, resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods.

Liability

The Company implements all appropriate measures to provide the Customer with quality products under optimal conditions. However, the Company cannot be held liable for any failure or improper performance of all or part of the services provided for under the contract, which is attributable either to the Customer, to an unforeseeable and insurmountable act of a third party unrelated to the contract, or to an event of force majeure. More generally, should the Company's liability be established, it shall in no case be liable to compensate the Customer for indirect damages, or damages whose existence and/or amount are not substantiated by evidence.

The Company shall not be held liable for damages caused by misuse of its products, or by failure to follow usage precautions and hygiene, storage, and safety conditions when using its Products/Services.

The Site may contain links to other websites not published or controlled by the Company, which cannot be held liable for the operation, content, or any element present on or obtained through such sites.

The presence of such links, or reference to any information, articles, or services provided by a third party, cannot and should not be interpreted as express or implied endorsement by the Company of such sites, elements, or their content.

The Company is not responsible for the availability of such sites and cannot control their content or validate the advertising, product(s), or other information disseminated on such websites.

It is expressly stated that the Company cannot, under any circumstances, be held liable in any way should the Customer's computer equipment or email service reject, for example due to a spam filter, emails sent by the Company — including, without limitation, the payment receipt, the Order summary, or the shipment tracking email.

The Customer fully acknowledges the provisions of this article, and in particular the warranties and limitations of liability described above, which are essential conditions without which the Company would never have entered into this contract.

Security

The Customer agrees not to compromise the security of the Site. To this end, the Customer agrees not to engage in any fraudulent access to, or continued fraudulent presence within, the Company's information system. The Customer may also not compromise or hinder the Company's information system. Failing this, the Company may take any measures against the Customer, including pursuing criminal liability under Articles 323-1 et seq. of the French Criminal Code.

Intellectual Property and Personal Data

All elements of this Site, and the Site itself, are protected by copyright, trademark law, design and model rights, and/or any other intellectual property rights. These elements are the exclusive property of the Company. All such rights are reserved worldwide.

The name and trademark, logos, designs and models, stylized lettering, figurative marks, and all signs displayed on this Site are and shall remain the exclusive property of the Company.

No title or right to any element or software shall be acquired through downloading or copying elements from this Site. The Customer is strictly prohibited from reproducing (except for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting from, or adding to this Site and the elements and software it contains, as well as from modifying them or creating any derivative work based on them, or selling or participating in any sale related to this Site, its elements, or any related software.

The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may not, under any circumstances, be assigned or transferred to any third party. The license is granted for the duration of the Customer's use of the Site.

Any use by the Customer of the Company's business names, trademarks, and distinctive signs is strictly prohibited, except with the Company's prior express agreement.

The Company understands that data protection and privacy are important concerns for all visitors to the Site. In accordance with GDPR regulations, the Company is committed to respecting your privacy and protecting your personal data — meaning any data that may identify you, directly or indirectly, as an individual.

As part of the ordering process, the Company collects the Customer's personal data. The Company is committed to protecting customers' personal data.

Files containing personal data necessary for processing Orders are stored, among other places, on the servers of the Site's hosting provider. This provider confirms compliance with the requirements of the General Data Protection Regulation (GDPR). The Company does not disclose or trade customers' personal data for commercial purposes.

At the time of placing an Order on the Site, the Customer expressly consents to the collection and processing of their personal data necessary to complete the Order.

The personal data collected by the Company is intended to enable the fulfillment of the Order. Personal data will not be retained longer than necessary for the purposes for which it was collected, including with regard to compliance with legal or tax obligations.

In accordance with French Data Protection Act No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 (the "Informatique et Libertés" law), and the General Data Protection Regulation (GDPR), and subject to proof of identity, every Customer, regardless of nationality, has the right to access, modify, and delete their personal data. Every Customer also has the right to request a restriction on the processing of their data, as well as the right to data portability and the right to object to the processing of their personal data.

For the purposes of this clause, and in particular to ensure the confidential handling of Customer data, the Company has appointed, in accordance with the GDPR, a Data Protection Officer, who may be contacted at: info@izysmile.com

In any case, every Customer has the right to file a complaint with the CNIL (the French data protection authority).

Newsletter

By checking the box provided for this purpose, or by expressly agreeing to do so, the Customer agrees that the Company may send them, at a frequency and in a format determined by the Company, a newsletter that may contain information related to its business.

When the Customer checks the box provided for this purpose during the sign-up process for placing an Order on the Site, they agree to receive commercial offers from the Company for products similar to those ordered.

Customers may unsubscribe from the newsletter at any time by clicking the unsubscribe link included in each newsletter.

Telemarketing Opt-Out List

Customers have the option to register free of charge on the BLOCTEL telemarketing opt-out list (www.bloctel.gouv.fr) to no longer be contacted by telephone by a business with which they have no active contractual relationship, in accordance with French Consumer Law No. 2014-344 of March 17, 2014.

Any consumer may register free of charge on this list at https://conso.bloctel.fr/index.php/inscription.php.

Governing Law and Jurisdiction

These Terms are governed by and interpreted in accordance with French law, notwithstanding conflict-of-law principles.

In the event of a dispute arising from the interpretation and/or performance of, or in connection with, these Terms, the Customer may choose to submit the dispute to the Company through conventional mediation or any other alternative dispute resolution method.

In accordance with the provisions of the Consumer Code regarding the amicable resolution of disputes, the Company is a member of the Mcca-mediation e-commerce mediation service, with contact details as follows: 77 Rue de Lourmel, 75015 Paris, France – https://www.mcca-mediation.fr/

Customers may use this mediation service for consumer disputes related to an order placed online.

For information on how to submit a claim to the Mediator: https://www.mcca-mediation.fr/votre-reclamation

It is noted that mediation is not mandatory, but is offered as a way to resolve disputes without resorting to court proceedings.

Customers may also use the European online dispute resolution platform established by the European Commission, available at: https://webgate.ec.europa.eu/odr/, which lists all dispute resolution bodies approved in France.

Should mediation fail, or should the Customer wish to bring the matter before a court, the rules of the French Code of Civil Procedure will apply.