General Terms and Conditions of Sale.
These general conditions of sale apply to all sales concluded on all izi-group.fr websites.
The e-commerce site izi-galery is a service of:
· located at :39 Rue de l'Egalité 34400 Lunel-Viel France
· site address: http://izi-group.fr/izigalery/
· email address: firstname.lastname@example.org
· Telephone: 0670309763
The izi-galery website sells the following products in dropshipping: All products related to well-being, beauty, makeup, clothing ...
izi-group's e-commerce sites mostly sell products stored in European logistics platforms. The products are shipped to the customer by these same platforms, thus avoiding delivery times and additional storage costs.
Other products can be stored at the producer himself and delivery is ensured by the producer.
The customer declares to have read and accepted the general conditions of sale prior to the placing of his order. The validation of the order therefore implies acceptance of the general conditions of sale.
Article 1 - Principles
These general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale prevail over any other document, and in particular over any general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their registered office in France.
These general conditions of sale are communicated to any buyer who requests it, in order to allow him to place an order.
These general conditions of sale are applicable until 31 December 2020.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and products offered by the seller to the buyer.
These conditions only concern purchases made on this website and delivered exclusively in metropolitan France and Corsica. For any delivery in the DOM-TOM or outside France, it should be reported to obtain a specific quote.
Article 3 - The order
The buyer places his order online, from the online catalog and by means of the form on the site.
For the order to be validated, the buyer must accept, by clicking in the place indicated on the site, these general conditions. Its acceptance will result in the sending of a confirmation email from the seller, in accordance with the conditions described below.
The buyer will have to choose the address and the delivery method. Payment is made by direct debit.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.
In some cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
In case of unavailability of an ordered product, the buyer will be informed by email.
The cancellation of the order of this product and its possible refund will then be made, the rest of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the buyer can:
- call the following number located on the shipping confirmation and order tracking, on the following days and times: Monday to Friday from 9am to 12pm and from 2pm to 4.30pm,
- send an e-mail to the following address: address on the shipping confirmation.
Article 4 - Electronic signature
The online provision of the buyer's bank details and the final validation of the order will be proof of the buyer's agreement. This will allow the seller to obtain the exigibility of the sums due under the purchase order and it will be worth signature and express acceptance of all the operations carried out.
In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is noted, to contact the seller by calling him at the following number: 0670309763, or by sending him an e-mail to the following address: email@example.com.
Article 5 - Confirmation of the order
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, to the address indicated by the buyer on the order form.
Article 6 - Proof of the transaction
The computerized records, kept in the seller's computer systems under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 7 - Product information
The products governed by these general conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks. The izi-galery shop is not in direct line with stock management it can not guarantee the availability of products, however a daily consultation of stocks is carried out.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 8 - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date. Prices are quoted in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online shop.
Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
If one or more taxes or contributions, in particular environmental ones, were to be created or modified, up or down, this change could be reflected in the selling price of the products.
Any order may give rise to the payment of a deposit, the terms of which will be fixed at the time of sale. Except in cases of force majeure, any cancellation of the order by the buyer from 30 days will not give rise to the refund of this deposit provided.
The buyer will be able to benefit from special discounts and rebates if necessary, according to the special conditions specified when ordering.
Article 9 - Method of payment
This is an order with payment obligation, which means that the placing of the order implies a payment of the buyer. Payment for the order is made only by direct debit from the buyer's bank account. The buyer must enter his bank details at the place provided and confirm this entry by adding his computer RIB as an attachment to the order form. The seller reserves the right to suspend any order management and delivery in case of refusal of payment authorization by officially accredited organizations or in case of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in whole or in part for a previous order or with whom a payment dispute is being administered. The seller has implemented an order verification procedure to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the buyer may be asked to fax the seller a copy of an identity document and proof of address. The order will then be validated only after receipt and verification by the seller of the parts sent.
The price is payable in full and in a single payment upon receipt of the order. The date of payment will be mentioned on the invoice sent to the buyer.
Any delay in payment will result in the immediate payment of all sums due to the seller by the buyer, without prejudice to any other action that the seller would be entitled to bring, as such, against the buyer.
Article 10 - Availability of products
Except in cases of force majeure or during closing periods clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For any delivery in France (metropolitan France and Corsica), the delivery time is from 48 to 72 hours from the day following that on which the buyer placed his order.
For any delivery in the DOM-TOM or outside France, it should be reported to obtain a specific quote.
In case of delay, the responsibility of the seller can not be engaged, and this, for any reason whatsoever. Therefore, no claim for compensation, of any nature whatsoever, can be claimed by the buyer.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 11 - Terms of delivery
Delivery is only made after confirmation of payment by the seller's bank.
It is provided within the period specified in Article 10, from the receipt by the seller of the purchase order.
Any delay of more than 30 days may result in the termination of the sale. The deposits paid or the payment made to the order will then be returned to the buyer. The payment made at the time of the order will then be returned to the buyer.
In case of non-compliance with the payment conditions set out above, the seller may suspend or cancel the sale.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice of passage in the mailbox, which will allow the parcel to be collected at the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, then the buyer must check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...).
This verification is considered to have been carried out as soon as the buyer, or a person authorised by him, has signed the delivery note.
The buyer must then confirm by registered mail these reservations to the carrier at the latest within two working days of receipt of the item(s) and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request from the seller within 14 working days of delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions ...).
Article 12 - Delivery errors
The buyer must make to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or quality compared to the indications on the order form. Any claim made beyond this period will be rejected.
The claim may be made, at the choice of the buyer:
- by contacting the seller at the following telephone number: Appearing on the shipping confirmation;
- by using the following e-mail address: Appearing on the shipping confirmation or, if there is no e-mail address to firstname.lastname@example.org.
Any claim not made in the rules defined above and within the time limits can not be taken into account and will release the seller from any responsibility vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number of the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the assignment of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Registered, to the following address: Address of the sender.
The return costs are the responsibility of the seller.
Article 13 - Product warranty
The seller indemnifies the buyer against any lack of conformity of the services and any hidden defect, resulting from a defect in the design or provision of said services to the exclusion of any negligence or fault of the buyer.
In any case, in the event that the seller's liability is retained, the seller's guarantee would be limited to the amount excluding VAT paid by the buyer for the purchase of the property.
Article 14 - Right of withdrawal
The buyer being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the Consumer Code.
Article 15 - Force majeure
Any circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered as grounds for exemption from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, beyond the control of the parties and which can not be prevented by the latter, despite all reasonable efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured party.
Article 16 - Partial non-validation
If one or more clauses of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other clauses will retain all their force and scope.
Article 17 - Non-waiver
The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 18 - Applicable law
These general conditions are subject to the application of French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract.
If they fail to do so, the parties will submit the dispute to the Commercial Court.
Article 19- Collection of personal data
The personal data that are collected on this site are as follows:
Account opening: when creating the user's account, his surname, first name, e-mail address; telephone number; postal address;
Connection: when the user connects to the website, it records, in particular, his surname, first name, connection data, use, location and payment data.
Profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number.
Payment: as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card.
Communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily kept.
Cookies: cookies are used, as part of the use of the site. The user has the possibility to disable cookies from the settings of his browser.
Use of personal data
The purpose of the personal data collected from users is to provide the services of the website, improve them and maintain a secure environment.
Specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user support;
- personalization of the services by displaying advertisements based on the user's browsing history, according to his preferences;
- prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;
- management of any disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies, in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has concluded contracts;
- when the user publishes, in the free comment areas of the website, publicly available information;
- when the user authorizes the website of a third party to access his data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may carry out the transmission of data to follow up on claims against the website and comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, transfer of assets or receivership proceedings, it may have to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.
Security and privacy
The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights, which they can assert at the following address email@example.com:
- they can update or delete the data concerning them by logging into their account and configuring the settings of this account;
- they can delete their account, by writing to the following email address firstname.lastname@example.org . It should be noted that information shared with other users, such as posts on forums, may remain visible to the public on the website, even after their account has been deleted;
- they can exercise their right of access, to know the personal data concerning them, by writing to the following email address: email@example.com. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy;
- if the personal data held by the website are inaccurate, they can request the update of the information, by writing to the following email address: firstname.lastname@example.org;
- Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: email@example.com.
Evolution of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, within a minimum period of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.