General Terms and Conditions
General terms and conditions
FOREWORD
These general terms and conditions of sale shall apply to all transactions between:
IZIPIZI, a French "société par actions simplifiée" with capital of 50,000 Euro registered on the Paris register of companies and trades under the SIREN number 524 478 138, the headquarters for which is located at 19 rue de Calais 75009 Paris, represented by Mr Quentin Couturier in his role as President,
Telephone: +331 58 16 27 92
Email: contact@izipizi.com
Hereafter referred to as 'IZIPIZI'.
and
Any natural person who acts as an individual or as a representatitve of a legal entity visiting or carrying out, via the www.izipizi.com webiste which is the property of IZIPIZI, a purchase of products via the www.izipizi.com website.
Hereinafter "Customer"
By placing an order via the website www.izipizi.com you indicate that you have read and accepted these general terms and conditions.
The www.izipizi.com website being an online retail space, the Customer recognises being perfectly informed of the fact that his/her agreement regarding the content of these terms and conditions of sale does not not require the handwritten signature of this document.
The Customer is invited to save and print these terms and conditions of sale, which are binding between the parties.
The Customer declares that he/she is over the age of 18 and has full legal capacity to commit to these terms and conditions and thus enter into contracts under French law.
CONTACT US
IZIPIZI
19 rue de Calais
75009 Paris
FRANCE
+331 58 16 27 92
Email: contact@izipizi.com
1 – PURPOSE
The purpose of these general terms and conditions of sale is to define the rights and obligations of both parties in remote transactions involving the products offered for sale via the online retail function of the website www.izipizi.com, from the placing of orders through to after-sale service and guarantees, and including payment and delivery.
2 - APPLICATION OF THESE GENERAL TERMS AND CONDITIONS OF SALE
The version of these general terms and conditions of sale which shall apply to Customers is the version displayed on the website at the time their order is placed.
Historical versions of these general terms and conditions of sale are archived by IZIPIZI.
These general terms and conditions of sale may be updated or deleted at any time.
3 - AVAILABILITY OF THE WEBSITE
The website www.izipizi.com, or access to one or more of the site's services such as the online retail function, may be temporarily or permanently closed without warning without the Client being eligible for any compensation whatsoever as a result of such closures.
4 - PRODUCTS
4.1 Availability
The products offered for sale by IZIPIZI, namely reading glasses, corrective or non-corrective sunglasses, corrective or non-corrective screen glasses and ski masks, are those that appear on the website www.izipizi.com at the time of the Customer consulting the website.
Products are offered for sale subject to available stock. Although the stock is displayed in real time on the website www.izipizi.com, a product may be missing (inventory error or other). Under these conditions, IZIPIZI undertakes to inform the Customer via any means at its convenience as soon as possible after the order is placed.
In this case, IZIPIZI may, in agreement with the Customer, organise a new delivery date in accordance with its restocking. Where no agreement can be reached or it is impossible to make the ordered product available, IZIPIZI will proceed to reimburse the amount paid by the Customer within a maximum of 10 days, with the latter not being entitled to any compensation.
4.2 Information/guarantees
Utmost care is taken to ensure that, before any orders are placed, information is made available online concerning the essential characteristics of the products offered for sale, as well as the available payment and delivery methods. Nevertheless, there may be minor variations in the product's appearance in relation to the accompanying photographs, as long as such variations do not affect the product's essential characteristics. These variations will under no circumstances engage IZIPIZI's contractual liability.
An online dioptre test is presented during the preliminary stages of placing an order. This test is not intended to replace a visit to an eye care professional and will not engage IZIPIZI's liability in the event of inappropriate use by the Customer.
The information presented on the website www.izipizi.com in no way exempts Customers of their responsibility to consult all other information relating to products or provided on products or their packaging materials (user instructions, cleaning instructions...).
Damaged or altered products should not be used (scratches etc.).
4.3 Use of these products
Clients must undertake to use products for their intended purpose only, and to abide by the instructions contained in the user guide to ensure that this is the case.
IZIPIZI cannot accept any liability for misuse of its products, particularly use for anything other than their intended purpose.
5 - PRICE
Order prices for all products are provided in the dedicated section of the online sales portal.
The prices are displayed in Euro, US dollars or Pounds Sterling depending on the delivery country.
The indicated prices take into account the possible discounts applicable at the time of order, they correspond to:
• Prices inclusive of all taxes (the value added tax being that which is applicable in French territory) for deliveries in mainland France, Corsica and Monaco, and any other country in the European Union in which the e-commerce franchise threshold has not been exceeded.
• Prices inclusive of all taxes (the value added tax being that which is applicable in territory of delivery) for deliveries in any European Union countries in which the e-commerce franchise threshold has been exceeded.
• Prices excluding taxes, for deliveries in Switzerland and in any country outside of the European Union. In these countries, they may be subject to possible customs taxes and duties that are imposed when the parcel reaches its destination. These possible customs taxes and duties are the responsibility of the Customer. IZIPIZI is not required to inform the Customer of their amount, or of their existence.
The prices indicated on the website are guaranteed at the time of the order while stocks last unless there are significant modifications to charges and in particular VAT, and unless there is an obvious typographical error or omission.
These prices do not include, unless otherwise specified, postage costs, which will be added to the sale price during the order placement process and before Customer confirms his/her order.
When the Customer receives confirmation of his/her order by email, the total cost of each order (price + postage costs) will be indicated in Euros.
Product sale prices do not include the communication fees associated with the use of the online sales service, which remain payable by the Customer.
IZIPIZI reserves the right to change its prices at any time. Nevertheless, products will be invoiced using the prices in force at the time the order is placed.
6 – ORDERS
6.1 Placing an order
The order process comprises the following steps:
- step 1: Place items in the basket.
- Step 2: The information communicated by the Customer within the framework of opening his/her Customer account or when placing his/her order must be complete, accurate and up to date. Failing this, IZIPIZI will not be able to process orders correctly. If the Customer does not wish to communicate such information, IZIPIZI will not be able to respond favourably to his/her order.
- step 3: Consult the general terms and conditions of sale.
- step 4: Accept the general terms and conditions of sale by ticking the box 'I accept the general terms and conditions of sale" (box ticked by default)
- Step 5: Confirm the order by clicking on the "Confirm my order" button with payment obligation.
The Customer will receive confirmation of his/her order via email.
All orders placed by the Customer via this process imply full and irrevocable acceptance of the present terms and conditions.
6.2 Order confirmation
In accordance with the applicable regulations, the contractual information will be subject to confirmation in due course and at the latest at the time of delivery, via email at the email address indicated by the Customer on the purchase order.
This confirmation message will include the following information:
- details of the products;
- the order reference number;
- the total value of the order (price + shipping fees);
It is the Customer's responsibility to keep the contractual information in the medium of his/her choosing.
IZIPIZI reserves the right to refuse orders if payment authorisation is not successful, if the address provided is wrong or if any other problem should arise with the Client's account. In this case, IZIPIZI will inform the Customer of this via email.
Orders will only be considered definitive when:
- payment of the full amount by the Customer;
- IZIPIZI confirms the availability of the products in question, this verification being performed as soon as possible following the email confirming reception of the order placed by the Customer.
For the placing of orders, working hours are from Monday to Thursday from 09:00 to 12:30 and from 14:00 to 18:00, and Friday from 09:30 to 12:30 and from 14:00 to 16:00 (French time) and excluding public holidays. In general, any order place before 12:00 is shipped on the same day, except in the event of force majeure. Additional delays are those applied by transport partners.
7 – PAYMENT
7.1 Payment options
The payment is carried out online by bank card either via PayPal or via the IZIPIZI partner bank. Delivery documents will be placed inside the package containing the products ordered.
An order will only be considered definitive once the buyer has confirmed it by paying the corresponding price.
For bank card payments made via the website, IZIPIZI uses the secure payment service provided by our banking partners. All information transmitted from the www.izipizi.com to the payment system is systematically encrypted in order to ensure confidentiality. All payments made by bank card via the website are processed immediately.
You can also pay via "E-carte bleue" if your bank offers this service. Your bank will thus provide you with a virtual bank card number allowing you to complete your purchase on our website.
7.2 Payment problems
If clients should fail to pay the order price in full, with no legitimate reason for this non-payment, IZIPIZI reserves the right to apply late payment interest charges, calculated using the legal base rate of interest applicable as of the date on which payment was due plus 3 percentage points.
If recovery proceedings are deemed necessary (collection agency, lawyers or bailiffs), after notification by regular post all costs incurred by IZIPIZI with such professionals will be payable by the client, plus a 40 Euro fixed recovery charge which shall in no way absolve the client of the responsibility to pay all recovery fees in full.
7.3 Transferral of ownership
The delivered product remains the property of IZIPIZI until full and actual payment is received from the Customer. If clients fail to pay for their orders, IZIPIZI will be entitled to demand the return of the products in question.
The transfer of risks of loss or deterioration to the Customer occurs on the delivery date of the product, meaning the reception of the product by the Customer.
8 - DELIVERY CONDITIONS AND TIME
8.1 Preparation of orders
In general, any order place before 12:00 is shipped on the same day, except in the event of force majeure. Additional delays are those applied by transport partners.
Orders are prepared in a dedicate warehouse:
Logtex pour Izipizi
Parc Logistique de l'Aube - Entrée Sud
1, rue des Lacs
10800 Moussey, France
8.2 Delivery times
Products orders by Customers will be delivered within a maximum of 30 to 14 working days of the order confirmation and its payment.
In the event that the product is not available, IZIPIZI undertakes to inform the Customer as soon as possible so that the Customer can be reimbursed quickly and at the latest 14 days of the payment of amounts paid.
In the event of a foreseeable delay in delivery, IZIPIZI shall undertake to inform the Customer as soon as possible by any suitable means, allowing hiù/her to decide whether to continue with the affected order or wholly or partially cancel it.
IZIPIZI can under no circumstances be held liable or responsible for the consequences of events beyond its control, particularly cases of force majeure or other unforeseen circumstances which might delay or prevent delivery of the products ordered.
In the event of non-complaince with the above period increased by 7 days, the Customer may cancel his/her order by sending a registered letter with acknowledgement of receipt to the address of the headquarters indicated at the top of these terms and conditions. The cancellation will only be taken into account by IZIPIZI if the shipping or the delivery has not taken place between the sending and receiving of said letter. The Customer will be reimbursed at the latest within 14 days following the receiving of the registered letter by IZIPIZI.
IZIPIZI reserves the right to choose the transporter and guarantees the smooth flow of products.
WARNING: if a parcel is returned to the sender for non-compliant or incorrect delivery address provided by the Customer, IZIPIZI reserves the right to reinvoice the Customer for the re-delivery fees. In this case, if the parcel is once again returned to the sender, it will not be sent to the Customer again and the amount corresponding to this order, including the possible additional delivery fees, will be acquired by IZIPIZI.
8.3 Delivery inspection
IZIPIZI guarantees that all delivered products correspond to the essential characteristics described on the website www.izipizi.com, and are fit for their stated purpose.
The Customer shall be responsible for checking the state of the packaging and the conformity of the products delivered, and to note any reservation on the transporter's delivery slip.
8.4 Shipping company
The choice of carrier belongs to IZIPIZI. The parcels are padded and protected.
The delivery services are as follows:
|
Country |
Pick-up points |
Tracked post/Standard home delivery |
Express home delivery |
|
Australia |
N/A | N/A | AU$22 or free from AU$100 |
|
Austria |
Free | N/A | Free |
|
Belgium |
N/A |
N/A |
€5 or free from €55 |
|
Canada |
N/A | N/A | CA$15 or free from CA$90 |
|
France |
Free |
Free |
€5 or free from €55 |
|
Germany |
N/A |
Free |
€5 or free from €55 |
|
Italy |
N/A |
N/A |
Free |
|
Netherlands |
Free | N/A | Free |
|
Portugal |
N/A | N/A | Free |
|
Spain |
N/A |
Free |
€5 or free from €55 |
|
Switzerland |
N/A | N/A | Free |
|
United States |
N/A |
N/A |
$7 or free from $60 |
|
United Kingdom |
N/A |
Free |
£4.5 or free from £55 |
For other countries, shipping costs will be calculated when selecting the delivery method in the checkout.
IZIPIZI is not liable for the additional taxes and service fees applied by certain countries. Customers are responsiible for possible restrictions, duties, taxes and other fees collected by the destination country, before placing an order. IZIPIZI will not be responsible for any duties, taxes or customs fees under any circumstances.
If the order arrives in the country and:
- The Customer refuses the parcel
- No delivery attempt is made in the destiation country to deliver the parcel
So IZIPIZI reserves he right to abandon said parcel and will not be liable for any reimbursement.
9 - GUARANTEES
All products sold by IZIPIZI benefit from the legal guarantee of conformity established in articles L. 217 - 4 et seq. of the French consumer code, and the guarantee against hidden defects established in articles 1641 et seq. of the French civil code.
Under no circumstances can IZIPIZI be held responsible for:
• Defects resulting from inappropriate, incorrect use or the misuse of the product by the Customer
• Normal wear and tear and aging of the product
• A lack of maitenance or care
• Negligence or accidents
• Alteration of the product by the Customer or a third party
• Non-compliance with the instructions contained in the user guide to ensure that this is the case.
• Any manipulation of IZIPIZI products by an unauthorised person (for example for the replacement of the lenses, hinges or other repaires)
Scratches on the lenses of IZIPIZI products, as well as any defect resulting from handling by a third party, are expressly excluded from the guarantees referred to above.
9.1 Conformity guarantee (see extracts of the French Civil code and Consumer code in Appendix 2)
Le Customer:
- benefits from a period of two years from the delivery of the product to act;
- benefits from the replacement or the reimbursement of the product, subject to the cost conditions established in article L 217-9 of the French consumer code;
- is exempt from providing the proof of a lack of conformity when delivering the product, within the twenty four months following the delivery of the product;
To benefit from this guarantee, the Customer must provide proof of purchase date of the product.
The legal guarantee shall be due by the seller (the retailer), and not by the manufacturer or the supplier (IZIPIZI) of the product.
This guarantee:
- is independent of any guarantee provided by the seller and for which he/she carries sole responsibility
- does not impact any purchaser rights against the seller, or any other compulsory legal rights the purchaser may have.
For purchases made on the www.izipizi.com website, the Customer will implement this guarantee by informing the IZIPIZI customer service team of the lack of conformity via email, at the following address: contact@izipizi.com
9.2 Guarantee against hidden defects (see extracts of the French Civil code and Consumer code in Appendix 2)
In addition, IZIPIZI is legally obliged to guarantee products against hidden defects which render them unfit for their stated purpose, or diminish their usefulness to the point that the buyer would not have purchased the items, at least not at the agreed price, if these defects had been known.
The Customer benefits from a period of two years from the discovery of the defect to act;
In the event of the implementation of the guarantee against hidden defects of the sold item, the Customer may choose between the reimbursement or the replacement of said product.
To benefit from this guarantee, the Customer must provide proof of purchase date of the product.
The Customer shall claim this guarantee by informing the IZIPIZI customer service team of the hidden defect via email at the following address: contact@izipizi.com
9.3 Consideration of the Customer request
IZIPIZI undertakes, regarding the Customer's request, to replace the product or reimburse the Customer. In the event of a cost difference between the 2 options, IZIPIZI shall opt for the cheapest solution.
During a return due to a defect, IZIPIZI reimburses the shipping costs upon presentation of corresponding supporting documents and in any case under the prices in force. The refund will made in proportion to the price of the product over the entirety of the order.
The stipulations of this article does not prevent the Customer from benefiting from the right of withdrawal established in article 10.
10 - RIGHT TO WITHDRAW
In application of Article L 221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days following delivery of his/her order in which he/she may withdraw from the transaction.
If the Customer uses this right to withdraw, the return of the product must be carried out at the latest fourteen days following his/her decision to withdraw, at his/her expense and in the original packaging and condition, meaning with no evidence of excessive handling (no significant damage to the original packaging or the product, cleaned lenses, labels product flyers and glasses packaging included) and accompanied by the delivery note.
The Customer exercises his/her right to withdraw by informing IZIPIZI of his/her decision to withdraw via his/her online customer account by following the steps below:
- Go to the "My account > My returns" section of the customer space. In the event that the Customer has not created an account on www.izipizi.com, he/she is obligated to go to his/her "Guest Tracking" in order to change his/her account to be able to carry out to online return request. The Guest Tracking link can be found in the shipping confirmation email.
- Select the order relating to the return request, enter the products to be returned then confirm the return request.
- Put the products to be returned and the delivery note in original packaging, and close it carefully.
- Go to the shipping company of his/her choice to return the package to the following address, with the return costs at his/her expense:
Logtex pour Izipizi
Parc Logistique de l'Aube - Entrée Sud
1, rue des Lacs
10800 Moussey, France
The Customer bears all shipping risks. IZIPIZI shall not be liable in the event of loss, theft or lateness of the delivered product. The burden of proof of return lies with the Customer.
Products which have been damaged by excessive handling (visibly tarnished, damaged, returned incomplete, worn, missing labels ...) will not be accepted for return. Postage costs for returns will be borne by the Customer.
In the event of exercising this right to withdraw, by means of the withdrawal form given here as Appendix 1, the Customer is entitled to request reimbursement of the product(s) returned as well as the delivery costs incurred, unless if the order was partially returned.
The Interent user may not request a refund for return fees he/she has incurred.
If the Customer would like a substitution product, he/she may place an order directly on the website and return the original item so that IZIPIZI may initiate a refund, the processing time being faster and the cost of shipping borne by the Intenet user in all cases.
Thereupon, IZIPIZI undertakes to reimburse the Internet user within a maximum period of 14 days from the earliest event between the actual return of the product and the sending by the Customer of the proof of shipping, directly via the means of payment used.
Any order returned without notification will not be processed.
11 - PROTECTION OF PERSONAL DATA
The IZIPIZI confidentiality and personal data policy is available on its website at the following address: https://www.izipizi.com/fr/content/14-politique-confidentialite-donnees-personnelles
The information gathered by the website upon purchase, particularly details submitted via forms, is required to process orders and will be passed on to the sub-contractor(s) responsible for processing orders, including the courier firm and/or the relevant authorities in the event of a dispute between IZIPIZI and the Customer. The data collected during purchasing cannot be used for other purposes, notably for commercial prospection, without the express and prior consent from the Customer.
The Customer's banking data will not be stored after purchase, unless if the Customer has agreed to it being saved on his/her Customer account In any case, the cryptogram is never stored by IZIPIZI.
The Customer has the right to access, modify, correct and delete all personal information concerning him/her specifically. To exercise this right, the Customer should write to IZIPIZI's customer service department at the email address contact@izipizi.com or the postal address provided at the head of these general terms and conditions.
12 - INTELLECTUAL PROPERTY
All elements belonging to IZIPIZI, such as the website, brands, games, drawings, models, images, sound and video clips, texts, photos, logos and graphic charter, this list not being exhaustive, are the exclusive property of IZIPIZI.
These general terms and conditions of sale do not confer upon the Customer any rights whatsoever over the intellectual property belonging to IZIPIZI.
IZIPIZI gives Clients the non-exclusive, personal and non-transferable right to access this site for purposes consistent with the terms and conditions set out herein. Any other use will be considered as an infringement of copyright, punishable under the applicable intellectual property laws.
The Customer is forbidden to jeopardise, directly or indirectly, IZIPIZI's property rights and is forbidden from using the names, branks or logos in any way. The Customer shall undertake to respect all of IZIPIZI's rights and refrain from creating any analogy in the minds of the public for any reason whatsoever.
Hyperlinks leading to the homepage or any other page of the website www.izipizi.com are only permitted if consent has been sought and obtained from IZIPIZI, and must be removed immediately upon request.
13 - LIABILITY
Under no circumstances can IZIPIZI be held responsible for failure to fulfil its obligations as a result of unforeseen events and/or incidents of force majeure as generally defined by the law and the French courts, or for other reasons beyond the company's control.
In any case IZIPIZI's liability is limited to the price of the product sold unless otherwise specified in a mandatory legal provision.
Furthermore, and within the boundaries of the applicable regulations, IZIPIZI cannot be held liable for any direct or indirect immaterial damage incurred as a result of accessing our website or misuse of our products as defined in the article on "Use of Products," particularly when the products in question are covered by usage restrictions.
It is also recalled that hypertext links placed on www.izipizi.com may redirect the user to other websites the content of which remains under the sole responsibility of the owners of these websites.
14 – FORCE MAJEURE / UNFORESEEABLE CIRCUMSTANCES
The criteria used to determine events of force majeure / unforeseen circumstances will be those generally used by the French courts and tribunals.
IZIPIZI's obligations will be wholly or partially suspended in the event of an incident of force majeure / unforeseen circumstances which delay or prevent the execution of these obligations.
IZIPIZI will inform clients of all cases of force majeure / unforeseen circumstances within fourteen days of the incident. In the event that this suspension continues beyond a period of fifteen days, the Customer will thus be able to terminate the order in progress, and the refund would then be carried out under the conditions set out above.
15 - WHOLENESS
In the event that any of the clauses contained in this contract should be rendered null and void by a change in legislation or regulations, or by a legal ruling, this shall in no way affect the validity or applicability of the remainder of these general terms and conditions of sale.
16 - DURATION
These terms and conditions shall apply for as long as the services in question are offered online by IZIPIZI.
17 - PROOF
Digital records, stored on the servers of IZIPIZI or those of our hosting providers, will be considered as proof of all communications, orders and payments between the two parties, notwithstanding any other evidence to the contrary.
18- APPLICABLE LAW
These terms and conditions are covered by French law. This applies to both substantive and formal rules.
Under no circumstances does IZIPIZI give any guarantee of compliance with local legislation that would be applicable when the Customer accesses the website from another country.
In the event of a dispute, and if an amicable solution cannot be found, the case will be submitted to the competent French court for any dispute between IZIPIZI and non-professionals, and to the Tribunal de Commerce de Paris for disputes between professionals.
However, in accordance with articles L.612-1 et seq. if the French consumer code the Customer may speak to a consumer mediator via the intermediary of the website www.medicys.fr, with a view to amicably resolving a dispute. Before referring to said mediation service, the Customer must have imperatively contacted our customer service team via email at the following address: contact@izipizi.com, in order to attempt to resolve the dispute.
19. DISPUTE
In application of article L. 612-1 of the French Consumer Code, you may use the MEDICYS mediation service to which we belong free of charge: by electronic means: conso.medicys.fr, or by post: MEDICYS - 73, Boulevard de Clichy 75009 Paris.
APPENDIX 1 WITHDRAWAL FORM
For the attention of IZIPIZI, 19 rue de Calais, 75009 Paris, France (contact@izipizi.com):
I/we (*) inform you (*) via this form of my/our (*) withdrawal of the contract for sale of goods (*)/ for the provisions of services (*) detailed below:
Ordered on/ received on (*):
Name of the customer(s):
Address of the customer(s):
Signature of the customer(s) (only in the event of notification of this form on paper):
Date:
(*) Delete as appropriate
ANNEXE 2 EXTRACTS FROM THE FRENCH CIVIL AND CONSUMER CODES
1. LEGAL GUARANTEE OF COMPLIANCE WITH THE FRENCH CONSUMER CODE
Article L217-4
The vendor delivers items that conform to the contract and shall be responsible for any lack of conformity found upon delivery.
He/she also address the lack of conformity resulting from packaging, assembly or installation instructions when this was charged to him/her by the contract or has been carried out under his/her responsibility.
Article L217-5
The product complies with the contract:
1) if it is fit for the purpose generally associated with products of a similar nature and, where applicable:
- if it corresponds to the description provided by the vendor and possess the qualities advertised to the buyer by means of samples or models;
- if it presents all of the qualities which buyers might reasonably expect to find based on the public declarations made by the vendor, producer or representative, particularly in advertising materials or on product labels;
2) Or if it presents the characteristics defined by mutual agreement between the parties, or it is suitable for any special purpose sought by the buyer, brought to the attention of and accepted by the vender.
Article L217-12
The action resulting from the lack of conformity lapses after two years, following delivery of the product.
2. GUARANTEE AGAINST HIDDEN DEFECTS IN THE FRENCH CIVIL CODE
Article 1641
The vendor is required to guarantee his/her products against hidden defects which render them unfit for their stated purpose, or diminish their usefulness to the point that the buyer would not have purchased the items, at least not at the agreed price, if these defects had been known.
Article 1648
The action resulting from latent defects must be brought by the buyer within two years after the discovery of the defect.