Terms and Conditions of Sale

General Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by Yzeez.

The following terms shall be designated as follows:

"Site": the website https://yzeez.com and all its pages, the exclusive property of the Company.
"Products" or "Services": all products (tangible) and services (provision of services) that can be purchased or subscribed to on the Site.
"Seller": Yzeez, a legal or natural person offering its Products or Services on the Site.
"Customer": the internet user, whether an individual or a professional, making a purchase of Product(s) or Service(s) on the Site.
"Consumer", in accordance with the definition in the preliminary article of the French Consumer Code: "any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft, or liberal activity".

The internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these GTC carefully, to print them, and/or to save them on a durable medium before proceeding with an order on the Site.

The Customer acknowledges having read the GTC and accepts them in their entirety.

Article 2 – Application of the GTC and purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site.

The GTC applicable to the Customer are those in force on the day of their order on the Site.

Legal information regarding the host and publisher of the Site, the collection and processing of personal data, and the conditions of use of the Site are provided in the general terms of use, legal notices, and the data charter of this Site.

This Site offers the online sale of safety shoes.

The Site is accessible freely and for free to any Customer. The acquisition of a Product or a Service implies the acceptance, by the Customer, of all these GTC, who acknowledges by the same fact having fully read them. This acceptance may consist, for example, of the Customer checking the box corresponding to the acceptance sentence of these GTC, for example, bearing the wording "I acknowledge having read and accepted all the general terms and conditions of the Site". Checking this box shall be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these GTC implies that Customers possess the necessary legal capacity to do so. If the Customer is a minor or does not have such legal capacity, they declare having the authorization of a tutor, curator, or legal representative.

The Customer recognizes the evidentiary value of the Seller's automatic recording systems and, except for providing proof to the contrary, waives the right to challenge them in the event of a dispute.

Any Order for Products implies the unconditional acceptance by the Customer and their full and complete adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, except for an express and prior derogatory agreement by the Company.

Article 3 – Customer service

The customer service for this Site is accessible by email at the following address: contact@yzeez.com, via a form, or by postal mail at the address indicated in the legal notices. The Customer must include their first name, last name, the subject of their request, and their Order number in the email.

For any professional inquiry (partnership, media, contract proposal), the Company can only be reached by email at contact@yzeez.com.

Article 4 – Subscription methods for orders and description of the purchase process

The Products and Services offered are those appearing in the catalog published on the Site. Each product is accompanied by a description drawn up by the Seller based on descriptions provided by the supplier.

The photos on the Site are non-contractual and may vary significantly from the photographed models. These variations are due to the settings of different screens and cameras, product lighting, angle of the shot, etc.

"Cart" is defined below as the immaterial object grouping together all the Products or Services selected by the Site Customer for purchase by having clicked on these items. In order to proceed with their order, the Customer chooses the Product(s) they wish to order by adding them to their "Cart", the content of which can be modified at any time.

The Customer places the Order via the Site: the Customer records and validates the Order on the Site.

To place an order on the Site, the Customer freely selects one or more Products from the Site catalog by clicking on the "add to Cart" button. On the "Cart" page, the Customer has the possibility to verify the details of their Order and to correct any errors before confirming it.

On the "Information" page, the Customer must enter their contact information. They may opt for tracking their Order by email by checking the required box.

On the "Delivery" page, the Customer must choose the shipping method proposed to them.

On the "Confirmation" page, the Customer must enter their bank details as well as the billing address. The Customer also has the possibility to enter a promotional code if they have one.

A complete summary of the Order appears. The Customer has the possibility to modify all elements of the Order before finalization. The Customer is responsible for any errors regarding the Order, the Products, and contact information.

The sale is validly formed when the Customer has confirmed the Order by clicking the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has proceeded to payment according to the chosen methods, subject to the exercise of the right of withdrawal.

The validation date of the order corresponds to the date of receipt of the full payment of the total inclusive price duly verified.

Article 5 – Price and payment methods

Unless otherwise stated, the prices appearing in the catalog are in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.

Yzeez reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer may place an order on this Site and may make their payment by Credit Card, Bancontact, Apple Pay, or Paypal. Payments by credit card are made through secure transactions provided by an online payment platform provider.

This Site does not have access to any data regarding the Customer's payment methods. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC do not begin to run until the date of effective receipt of payment by the Seller, who may provide proof by any means. Product availability is indicated on the Site, in the description sheet of each Product.

Yzeez will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of the communications, orders, payments, and transactions that occurred between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Customer before any payment. The Site has no geographic delivery limitation; orders can be shipped anywhere in the world. Delivery times indicated during the order are for informational purposes and remain dependent on potential delays by postal services or other specific cases preventing delivery (strikes, weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories (DOM-TOM), the Customer declares themselves the importer of the Product and accepts that in such a case the Seller may be materially unable to provide exact information on the total amount of costs related to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller commits in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.

During a hand-delivered delivery, the customer may refuse a package at the time of delivery if they notice an anomaly regarding the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products...); any anomaly must then be imperatively indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged merchandise. During a mailbox delivery, the customer commits to immediately checking the package and contacting Yzeez support if they notice any anomaly. Failure to comply with these requirements, the Customer will not be able to exercise their right of refusal, and the Seller will not be required to grant the Customer's request to exercise the right of refusal.

If the Customer's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask what should be done with their order. If the Customer mistakenly refused the package, they may request its reshipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders for which shipping costs were free during the order.

In case of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or a mishandling by the Customer cannot be attributed to the Seller.

Any delay in delivery relative to the date or period indicated to the Consumer Customer during their order or, in the absence of an indicated date or period during the order, exceeding thirty (30) days from the conclusion of the contract may lead to the cancellation of the sale at the initiative of the Consumer Customer, upon written request by them via registered letter with acknowledgment of receipt, if after having enjoined the Seller to perform the delivery, the Seller has not complied. The Consumer Customer will then be refunded, no later than fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Special case of a package whose tracking number indicates it is "delivered" but not received in the mailbox: if the Customer notices and informs the Seller that the package is not in their mailbox despite the tracking number indicating it is "delivered", customer service may ask them for additional information as well as an official document from the Post Office responding to their claim regarding the corresponding tracking number. The Seller will then do everything possible to ensure Customer satisfaction by offering, in particular, the immediate reshipment of the products at its own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Customer has fourteen (14) working days from the date of receipt of their order product to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, with the exception of return costs, within fourteen days from the receipt by Yzeez of the refund request.

The Product must be returned in perfect condition, in its original blister pack, and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be addressed to Yzeez. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal.

It is recommended that the Customer make the return using a solution allowing package tracking. Otherwise, if the returned package does not reach the Seller, it would not be possible to launch an inquiry with postal services to ask them to locate it.

The refund will be made using the same payment method as the one chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller may use another payment method, and provided that the refund does not incur any costs for the Customer.

The Seller also reserves the right to defer the refund until receipt of the Product or for as long as the Customer has not demonstrated that they have shipped the Product, if such demonstration has not taken place previously.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Customer may be held liable.

In accordance with Article L121-17 of the French Consumer Code ("Hamon Law") of June 2014, the Consumer Customer may find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of: Yzeez Chaussée d'Alsembergsesteenweg 690 1653 Dworp, Belgium Email: contact@yzeez.com

I / we (*) hereby notify you of my / our (*) withdrawal from the contract concerning the sale of the good below:

Order number:
Last Name / First Name:
Phone number:
Email address:
Postal address:
Reason for the claim:
Exchange* (mention the desired product)
Refund* (attach a complete bank statement with IBAN and BIC mentioned)

Signature of the Customer(s) (only in case of notification of this form on paper):

Date:

(*) Strike out the unnecessary mention.

Article 8 – Product Warranty

Legal provisions to be reproduced

The legal guarantee of conformity applies independently of any commercial warranty that may have been granted.

The consumer may decide to implement the warranty against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that they will be bound by no warranty; in the event of implementing this warranty, the buyer has the choice between the rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

The postponement, suspension, or interruption of the statute of limitations cannot have the effect of extending the limitation period beyond twenty years from the day the right arises in accordance with Article 2232 of the Civil Code.

All items acquired on this site benefit from the following legal guarantees, provided by the Civil Code;

Legal guarantee of conformity

The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and to answer for any lack of conformity existing at the time of delivery of the Product. The guarantee of conformity may be exercised if a defect existed on the day of taking possession of the Product.

However, it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.

"In case of lack of conformity, the buyer chooses between the repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate with regard to the other modality, taking into account the value of the good or the importance of the defect. They are then required to proceed, unless impossible, according to the modality not chosen by the buyer".

Legal warranty against hidden defects

In case of non-conformity of a delivered Product, it may be returned to the Seller who will proceed to its exchange. If it is impossible to exchange the Product (obsolete product, out of stock, etc.), the Customer will be refunded by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (notably the shipping costs for the return of the Product) are then borne by the Seller.

Article 9 – Liability

The Seller Yzeez cannot be held responsible for the non-performance of the concluded contract due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller will incur no liability for any indirect damages resulting from this, operating loss, loss of profit, damages or expenses, which may occur.

The choice and purchase of a Product or Service are under the sole responsibility of the Customer. The total or partial impossibility of using the Products, particularly due to equipment incompatibility, cannot give rise to any compensation, refund, or calling into question the liability of the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, i.e., if the Customer is not a Consumer Customer and the contract concluded to acquire the Product or Service allows for withdrawal, according to Article L 121-21 of the Consumer Code.

The Customer expressly admits using the Site at their own risk and under their exclusive responsibility. In any case, Yzeez can in no way be held responsible for:

any direct or indirect damage, particularly with regard to loss of profits, loss of earnings, loss of clientele, or data that may result, among other things, from the use of the Site, or on the contrary, from the impossibility of its use;
a malfunction, unavailability of access, misuse, improper configuration of the Customer's computer, or the use of a browser rarely used by the Customer;
the content of advertisements and other external links or sources accessible by Customers from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.

Article 10 – Force majeure

In accordance with Article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably have avoided or overcome, are considered as cases of force majeure or fortuitous events, insofar as their occurrence makes the performance of the obligations totally impossible.

The occurrence of a case of force majeure will automatically suspend the performance of the Order.

Beyond a period of ninety (90) calendar days, if the parties observe the persistence of the case of force majeure, the Order may be canceled by one of the parties, and the sales contract terminated. To this end, the more diligent party must send the other a registered letter with acknowledgment of receipt denouncing said sales contract.

The effective date of termination will be the date of the first presentation of the letter. In this case, neither party may claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Seller or to a third-party agent, or are used by the Seller with the authorization of their owners.

All texts, comments, works, illustrations, and images, whether visual or auditory, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, any elements of the Site. Any simple or hypertext link is strictly prohibited without the express written agreement of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request by the Company.

Only the use of the Site for private use, subject to different or more restrictive provisions of the Intellectual Property Code, is authorized.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes infringement and is punishable under Intellectual Property law unless previously authorized.

Any reproduction, representation, adaptation of logos, textual, pictographic, or video content, without this list being exhaustive, is strictly prohibited and amounts to infringement.

Any Customer who is found guilty of infringement could have their account deleted without notice or compensation and without this deletion constituting damage to them, without prejudice to any subsequent legal proceedings against them, initiated by the Seller or their agent.

The brands and logos contained in the Site are likely to be registered by Yzeez, or possibly by one of its partners. Any person proceeding to their representation, reproduction, nesting, distribution, and redistribution incurs the sanctions provided for in Articles L.713-2 and following of the Intellectual Property Code.

Article 12 – Processing of personal data

The Company collects Customer data:

a) for the purposes of processing and tracking the Customer's Order on its Site; (and/or) b) for the purpose of being able to contact you about various events relating to the Company, including but not limited to the updating of Products and customer relationship management; (and/or) c) for the purpose of collecting information allowing us to improve the Site and our Products (notably through cookies).

The collected data is processed by the Site's contractual service providers who are in charge of packaging and distribution of the ordered Products as well as by the hosting provider, the company Shopify Inc., whose servers are secured and protected by a firewall.

The collected data is kept by the Company only for the time corresponding to the purposes of the collection above and which shall in no case exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Customer benefits from a right of access, modification, rectification, deletion, or opposition for legitimate reasons regarding their data.

The Customer can exercise their rights by email at contact@yzeez.com.

Article 13 – Comments and other user suggestions

If the Customer sends ideas, proposals, or other elements, whether online, by email, by mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Customer grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comment that the Customer sends to it.

The Company is not and will not be required (1) to maintain the confidentiality of the comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to the comments.

The Company may monitor, modify, or delete content that it deems, at its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or criminally reprehensible, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Customer agrees to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or property rights. The Customer agrees not to write in their comments any illegal, defamatory, offensive, or obscene content, and that they will not contain any computer viruses or other malicious software that could affect the functioning of the Site or other associated websites. The Customer agrees not to use a false email address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of their comments.

The Customer is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and declines all engagement with regard to the comments published by the Customer or any third party.

Article 14 – Severability

If any provision of these GTCS is held to be illegal, void, or for any other reason unenforceable, then that provision shall be deemed severable from the GTCS and will not affect the validity and enforceability of the remaining provisions.

These GTCS replace all prior or contemporaneous written or oral agreements. The GTCS are not assignable, transferable, or sub-licensable by the Customer themselves.

A printed version of the GTCS and any notice given in electronic form may be requested in judicial or administrative proceedings relating to the GTCS. The parties agree that all correspondence relating to these GTCS must be written in the French language.

Article 15 – Applicable law and mediation

The General Terms and Conditions of Sale are subject to French law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, blocked, stolen, or falsified bank card. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these General Terms and Conditions of Sale becomes null and unenforceable shall not call into question the validity of the other stipulations and does not exempt the Customer from the performance of their contractual obligations.

Indemnification

You agree to defend, indemnify, and hold the Company, its affiliates, officers, subsidiaries, successors, assigns, directors, agents, service providers, lawyers, suppliers, and employees harmless from any claim or demand, including reasonable attorney's fees and court costs, caused by a third party due to or arising from your use of the website or our products and services, your violation of the terms, or your violation of your acknowledgments, agreements, representations, warranties, and obligations herein.

National or cross-border disputes that may arise regarding the validity, interpretation, performance, non-performance, interruption, or termination of this contract may be submitted to mediation at the request of the Customer.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a mediator approved by the Consumer Mediation Evaluation and Control Commission (CECMC), is appointed as the Consumer Mediator to facilitate the resolution of disputes between the Company and its Customers.

The European Commission's website describes the mediation process used and allows Customers to file a mediation request online, accompanied by supporting documents.

In particular, the dispute cannot be examined by the Mediator if:

the Customer does not provide proof that they have attempted, beforehand, to resolve their dispute directly with the Company via a written complaint,
the request is manifestly unfounded or abusive,
the dispute has been previously examined or is currently being examined by another mediator or by a court,
the consumer submitted their request to the mediator more than one year after their written complaint to the Company,
the dispute does not fall within their jurisdiction.

Mediation is free for the Customer. If the Customer uses a lawyer, a third party of their choice, or an expert to defend them at any stage of the mediation, they bear those costs alone.

The Mediator may not receive any instructions from the parties nor be remunerated based on the outcome.

Participation in mediation does not exclude the possibility of legal action before a court. The parties remain free to submit their dispute to a judge within the framework of applicable legal provisions. In the event of a dispute before a judge, jurisdiction is assigned to the competent Belgian court.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked bank card, or a stolen or falsified check. In this context, no attempt at amicable settlement will be accepted.

Parts Warranty

The warranty is limited to 30 days from the date of purchase under normal conditions of use and excluding any breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.