Terms and conditions of sale

PREAMBLE

 

The company for the IZAC stores - France (hereinafter referred to as the “company JSR”) sells IZAC products in France.

While always heedful of needing to better meet the expectations of its customers, the company JSR has sought to implement a distance selling network for some of its products that uses telephone and electronic (Internet) means, in tandem with the network of stores that it currently operates.

The use of the distance selling process described in these Terms and Conditions of Sale is reserved solely for consumers, within the meaning of the law and jurisprudence, acting exclusively on their own account and domiciled in "Metropolitan France".

ARTICLE 1 : FIELDS OF APPLICATION

These Terms and Conditions of Sale shall apply to all sales of IZAC products concluded either through the Customer Service Division established by the company JSR or through the commercial website that is accessible from the French version of the website www.izac.fr.

1.1 With respect to sales by telephone means, any sale of IZAC products through the Customer Service Division established by the company JSR shall be concluded under the resolutive condition of acceptance of these Terms and Conditions of Sale by the customer.

1.2 With respect to sales by electronic means (Internet), the client acknowledges having read these Terms and Conditions of Sale prior to placing its order. The validation of the order therefore constitutes the acceptance without limitation or reservation of these Terms and Conditions of Sale.

Pursuant to the provisions of Article 1369-4 of the French Civil Code, these Terms and Conditions of Sale may be saved by any person visiting the website www.izac.fr by means of a computerised record, and may be reproduced by way of them being printed; these Terms and Conditions of Sale shall apply as they appear on the website www.izac.fr. In the event that, subsequent to the date of their removal from the website www.izac.fr, these Terms and Conditions of Sale nevertheless remain accessible to the public via other websites or by any other means, they shall no longer be enforceable upon the company JSR.

ARTICLE 2 : IDENTIFICATION OF THE AUTHOR OF THE OFFERING

The company JSR is a simplified joint stock company with a share capital of 6 772 340 euro, registered with the Paris Trade and Companies Register under the number 449 572 999, with its registered office located at 6 Avenue d’Eylau 75116 Paris. Tel: +33 1 42 78 27 33

ARTICLE 3 : INFORMATION IN RELATION TO THE PRODUCTS

The information in relation to all the IZAC products that are likely to be sold via the Customer Service Division of the company JSR is available, with any reference details, in all IZAC stores and on the website www.izac.fr.

This information complies with the requirements stipulated by current laws and regulations and, in particular, by Articles L.111-1 and L.113-3 of the French Consumer Code and the Ministerial Order of 03 December 1987 “in relation to consumer information about pricing”.

ARTICLE 4 : PRODUCT ORDERS

4.1 Telephone orders

Orders may be received, be it in English or French, by the Customer Service Division of the company JSR either on +33 1 77 35 14 72 (price of a local call) or via the telephone numbers of the stores of the company JSR, and such from Metropolitan France, from Monday to Friday, from 9 a.m. to 1 p.m. and 2 p.m. to 6 p.m., excluding public holidays.

4.2 Online orders

Orders may be placed via the Internet on the commercial website accessible from the French version of the website www.izac.fr. The customer shall bear the telecommunication costs incurred when accessing the Internet and using the website www.izac.fr.

The photographs, graphics and descriptions of the products offered for sale are only indicative and are not binding on the company JSR. Customers have the option of obtaining further information by contacting the Customer Service Division of the company JSR.

The company JSR shall assume no liability in the case of manifest error between the features of the products and their representation.

In order to purchase a product, the customer shall fill out an order form specifying certain required fields so that its selection can be registered by the company JSR.

In the case of prolonged inactivity during the login session, it is possible that the retention of the selection of products chosen prior to this inactivity can no longer be guaranteed. The customer shall be prompted to resume its selection of products from the beginning.

All the steps necessary for the sale shall be specified on the website www.izac.fr in accordance with Article 1369-1 of the French Civil Code.

Pursuant to Article 1369-4 of the French Civil Code, the customer shall have the opportunity, prior to definitively validating its order, to verify the details of the order and the total price, and to correct any possible errors before confirming the order so as to express its acceptance thereof. From the time the customer has validated its order, the company JSR shall acknowledge receipt thereof immediately and electronically.

However, the sale shall only be considered final after the sending of the order confirmation to the customer by the company JSR, detailing the shipment of the items. Only items that are shipped shall be charged.

4.2 Order refusal

Pursuant to the provisions of Article L.122 1 of the French Consumer Code, the company JSR shall be entitled to refuse any order that is abnormal or placed in bad faith, or any order from a customer with whom there is a dispute in relation to payment for a previous order.

ARTICLE 5 : PRODUCT PRICING

The price of the products is inclusive of all taxes, unless otherwise expressly stated upon the order being placed on the website www.izac.fr or via telephone to the Customer Service Division.

The price inclusive of taxes for each item that a customer may want to purchase and the amount for the transportation costs of the related delivery shall be communicated to it either in the course of the call with the Customer Service Division of the company JSR, or in the course of the login session on the website www.izac.fr. 

Pursuant to the provisions of Article L.121 19 of the French Consumer Code, the customer shall receive, upon delivery, for each item, a written confirmation of the price paid, detailing the prices of items and the shipping charges, as applicable, charged to it.

ARTICLE 6 : PAYMENT TERMS

The payment for customer purchases can be made by credit card (cards from Carte Bleue, Visa, Mastercard and American Express accepted).

 When paying by credit card, the customer's credit card shall be charged at the time of the preparation of the order.

 To this end, the customer shall confirm to the Customer Service Division of the company JSR, when ordering by telephone, and shall guarantee to the company JSR, when ordering via the Internet, that it is the owner of the credit card and that the name listed on the credit card to be debited belongs to it, and shall then transmit either by telephone or in a secure environment on the Internet, the number and the expiration date on the front of its credit card and the card security code listed the back (or front) of its credit card.

In the context of Internet payments, and in order to combat Internet fraud, the controls shall be implemented online with the competent banking institutions and organisations, and inspected via the system of the company Sogenactif. To this end, this company shall perform the storage and automated processing of the information relating to each order, including the credit card information, in a secure environment. The transfer of data of a personal nature by the customer to Sogenactif has been authorised by the CNIL (certification no. 1799476 v 0) and is within the framework of the standard contractual clauses established by the European Commission.

ARTICLE 7 : DELIVERY

The delivery of the products shall take place after the payment of the amount due for the order has been settled.

In accordance with the provisions of the French Consumer Code, the delivery of the ordered items shall occur within the time specified by the company JSR and, failing any indication to the contrary, in any event not later than within 30 days of the order, subject to the full and final payment of the price.

Any delivery deadlines provided by the company JSR shall be solely for guidance purposes.

The customer is aware that according to the availability of the items the order can be sent in several packages.

If, upon delivery, the external appearance of the package is not perfect, the customer shall proceed to open it in the presence of the carrier in order to verify the condition of the item. In the case of damage to the item, the customer shall detail this precisely on the delivery notice, with the provisions of Article 11 below remaining otherwise in effect.

ARTICLE 8 : SATISFACTION OR REFUND – RIGHT OF WITHDRAWAL AND RETURN OF ITEMS

The company JSR intends for those customers that are not satisfied with the items ordered to be able to exercise the right of withdrawal provided for in Article L. 121-21 of the French Consumer Code under the best of conditions.

Thus, the customer can exercise its right of withdrawal within fourteen (14) days of receipt of the item concerned. To notify its decision to withdraw, the customer must login to its customer account.

To return the items that it has already received, the customer can send the items by post. In this case, the customer must, within fourteen (14) days of communicating its decision to withdraw, return the item concerned, to the address indicated on its returns form.

 The direct return shipping costs for the item shall then be borne by the customer. It is for the customer to keep the proof of this return, which implies that the items should be returned by registered mail, or by any other means that specifies a certain date, with the costs and risks of return borne by the customer. Refunds shall be made within thirty (30) days of receipt of the returned items by the company JSR.

The refund for the amounts paid for the item(s) returned shall be made, in accordance with the method of payment for the items, by crediting the customer bank account that corresponds to the credit card used for payment. Pursuant to Article L.121-21-4 of the French Consumer Code, the additional fee paid by the customer and related to the choice of a specific method of delivery shall not be refunded.

It is hereby specified that no refund shall be made in store.

Moreover, in the case of a gift, the benefit of the right of withdrawal shall be retained solely by the customer and shall under no circumstances be exercised by the gift recipient.

In all cases, the customer must return the items delivered in their original packaging, complete (boxes, accessories, protective features, labels, booklets, etc.) and accompanied by the returns form duly completed and with a copy of the bill. Items that are returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used or worn, shall not be refunded or exchanged and shall be returned to it. Thus, with respect to shoes, the sole must be intact; as such, it is highly recommended that IZAC shoes be tried on on a carpet or carpet-like surface.

ARTICLE 9 : CONFORMITY – WARRANTY

The customer shall ensure that the items that were delivered correspond to the order. In the event that the delivered items do not conform with its order, the customer shall notify the Customer Service Division of the company JSR by telephone and return the items in question under the conditions set out in Article 8 of these Terms and Conditions of Sale.

Notwithstanding the specific warranty conditions assigned to the customer with the delivered item, IZAC products shall be subject to the warranty conditions provided for by law.

With reference to Articles L.211-4, L.211-5 and L.211-12 of the French Consumer Code and Articles 1641 and 1648, first paragraph, of the French Civil Code:

 "Article L.211-4 of the French Consumer Code: The vendor must deliver goods that are in conformity with the contract and shall be liable for any defect of conformity in existence at the time of delivery. It shall also be liable for any defect of conformity resulting from the packaging, or the installation or assembly instructions when this has been deemed its responsibility by the contract or has been performed under its responsibility."

 "Article L.211-5 of the French Consumer Code:

 To conform with the contract, the goods must:

 1. Be appropriate for the use normally expected for such a product and, as appropriate: 

• Correspond with the description given by the vendor and possess the qualities that the latter has presented to the purchaser in the form of a sample or model;

• Possess the qualities that a purchaser might reasonably expect given the public statements made by the vendor, the producer or its representative, particularly with respect to advertising or labelling;

2. Or possess the features defined by mutual agreement by the parties or be suitable for any specific use sought by the purchaser and made known to the vendor, and which the latter has accepted."

"Article L.211-12: Any action resulting from a defect of conformity shall lapse two years after the delivery of the goods."

"Article 1641 of the French Civil Code: The vendor shall be bound to warranty in respect of hidden defects of the item sold that render it unfit for the use for which it was intended, or that markedly decrease this use, which the purchaser would not have acquired, or would have paid a lower price for if it had known."

"Article 1648 of the French Civil Code, first paragraph: Any action resulting from redhibitory defects shall be brought by the purchaser within two years from the time of discovery of the defect."

Reparation for the consequences of the hidden defect, once it has been proven, in accordance with jurisprudence, shall involve:

- Either the complete and free repair of the item, including labour costs,

- Or its replacement or the refund of all or part of its price in the event that the item is deemed wholly unusable,

- And compensation for any possible damage caused to persons and property by the failure of the item.

The company JSR provides an after-sales service for its products. The Customer may contact the

Customer Service Division by telephone on: +33 1 77 35 14 72 (cost of a local call) or go to one of the IZAC stores to get more information about this service.

ARTICLE 10 : COMPLAINT – INFORMATION

For any information, complaint or question in relation to the Terms and Conditions of Sale by correspondence implemented by the company JSR, or to the products themselves, customers should contact the Customer Service Division of the Company of IZAC Stores by telephone: +33 1 77 35 14 72 (cost of a local call) quoting, as appropriate, their order number

ARTICLE 11 : ELECTRONIC FILES - PROTECTION OF PRIVACY

The company JSR has compiled an electronic file that lists certain types of personal data in relation to its customers. When an order has been placed with the Customer Service Division or via the Internet on the website www.izac.fr by new customers, this database shall be added to with information concerning them, which shall subsequently enable the company JSR to better meet their expectations and facilitate the support services provided by Customer Service Division. This database has been the subject of a declaration, in accordance with the stipulations required by the “Informatique et libertés” (“Information Technology and Civil Liberties”) Act no. 78-17 of 06 January 1978, as amended by Act No. 2004-801 of 06 August 2004.

In the event that the customer consents to the disclosure of personal data of a personal nature, it would then be entitled to the individual right of access withdrawal and correction provided by law, and may in this regard have the information regarding it that is no longer relevant deleted.

Depending on the choices made when creating or consulting their accounts on the Internet, customers may potentially choose, if they want, to receive offers from the company JSR, or to be informed of specific campaigns via email. Should a customer no longer want not to receive these offers, it may at any time request this by clicking on a hyperlink available in the emails for this purpose, or by modifying its account directly on the website www.izac.fr.

ARTICLE 12 : INTELLECTUAL PROPERTY RIGHTS

The "IZAC" trademark, as well as all marks be they figurative or not and more generally all other marks, illustrations, images and logos appearing on the IZAC products, their accessories or their packaging, whether registered or not, are and shall remain the exclusive property of the company JSR. Any total or partial reproduction, modification or use of such marks, illustrations, images or logos, for any reason and on any medium whatsoever, without the express prior approval of the company JSR, is strictly prohibited. The same shall apply for any combination or conjunction with any other mark, symbol, logo and, more generally, any distinctive sign intended to form a composite logo. The same shall apply for all rights in relation to copy, designs and patents that are the property of JSR society.

ARTICLE 13 : FORCE MAJEURE

The execution by the company JSR of all or part of its obligations shall be suspended upon the occurrence of a fortuitous event or force majeure that would impede or delay the execution thereof.

The following shall be considered as such, including, but not limited to, war, riots, insurrection, civil unrest, strikes of any kind and supply problems of the company JSR.

The company JSR shall inform the customer of such a fortuitous event or force majeure within seven (7) days of its occurrence. In the event that this suspension should continue beyond a period of fifteen

(15) days, the customer shall then have the option to terminate the current order, and its reimbursement would then proceed under the conditions stipulated in Article 8 of these Terms and Conditions of Sale.

ARTICLE 14 : DISPUTES – APPLICABLE LAW

These Terms and Conditions of Sale are subject to French law. In the case of difficulties arising on the occasion of the order or delivery of IZAC products, the customer shall have the option, prior to any legal action, to seek an amicable solution, including with the help of a consumer organisation or any other advisory body of its choice, or to have recourse to any other alternative means of dispute resolution.. Any dispute that may arise from the interpretation or execution of these Terms and Conditions of Sale and their consequences shall be subject to the exclusive jurisdiction of French courts.