WiziShop is a tool specializing in the creation and hosting of merchant sites, accessible at URL address https://wizishop.com, https://dropizi.fr and https://evolup.com. This set of services is published by WiziShop, SAS registered in Nice under number RCS 503 594 525 and whose registered office is located at 8 avenue Malaussena, 06000 Nice.
The terms and conditions of use (TCU) are considered to have been read and accepted by the user of the WiziShop services, hereafter referred to as the ¡°Client¡±. These TCU replace any previous agreement or contractual document that may bind WiziShop and the Client.
The Terms and Conditions of Use (GCU) are permanently available on the Client's administration interface, available at the address https://admin.wizishop.com. WiziShop reserves the right to modify them at any time. The Client will be notified about any major modification at least thirty (30) days before its takes effect. The Client may refuse these modifications and terminate the service within a maximum of two (2) months following notification.
WiziShop: represents all the services offered by WiziShop and the functionalities it has provided (hereafter ¡°the Services¡±) to help create online sales websites and to update, animate and promote them to Internet users.
Client: refers to any natural person or legal entity that is a merchant as intended in Article L.121-1 of the Code of Commerce, that wishes to market its products/services electronically and that registers for the Services offered by WiziShop.
Services: refers to all the services offered by WiziShop.
Username: refers to a unique name that can be made up of letters and numbers. This username is chosen by the Client when creating an account on WiziShop.
WiziShop account: refers to an account of a Client who has not yet activated his online store. This is considered to be a prospect who is testing the Services or creating his store before opening it to the public.
Online store: website intended for online sales.
Test: free trial period providing an overview of WiziShop's features.
The purpose of these Terms and Conditions of Use is to define the terms of use of the Technical, intellectual and commercial Services which are offered to the Client by WiziShop, on the www.wizishop.com website. The Services are functions performed by WiziShop relative to creation, updating, animation and promotion of the Client's site in order to facilitate online sales of its Products/Services.
It is expressly agreed between the Parties that WiziShop cannot be considered a seller as intended in Article 15 of the Law on Confidence in the Digital Economy (LCEN). Under no circumstances is WiziShop a party to the relationship between the Client and an Internet user.
The contract is formed between WiziShop and the Client after acceptance of these terms and conditions of use.
This Contract takes effect from the time of creation of your account.
The Contract is established with or without commitment, depending on the plan selected by the Client.
If the Client has opted for a non-binding plan, the Contract is established for a period of one (1) month. It will be tacitly renewed each month and may be terminated by the Parties at any time. Termination of the contract will take effect within a maximum of thirty (30) days following receipt of the request by the other Party.
The Client must formalize termination of the Subscription to WiziShop by giving notice of thirty (30) days. To do so, he has two distinct choices:
In any case, the request to close the Store must be made at least (1) one month before the end of his Commitment Period.
However, if the Client wishes to terminate his Contract before the end of the Commitment Period, an invoice for the total amount remaining due until the end of the Commitment Period will be issued and debited when the Account is closed.
The Client who has taken out a Non-binding Subscription can take out a Subscription with commitment at any time. Then, on the day of choosing the new plan, the Client selects a new Subscription and triggers the Commitment Period.
The Client is personally responsible for setting up the IT and telecommunications resources allowing access to the www.wizishop.com website and his administration area, https://admin.wizishop.com. As such, it is the Client's responsibility to protect his technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion, since WiziShop cannot under any circumstances be held responsible. The Client remains solely responsible for the installation, operation and maintenance of his technical equipment necessary to access the tools of WiziShop.
Under no circumstances can WiziShop be held responsible if the features offered prove to be incompatible or cause malfunctions with some of the Client's software, configurations, operating systems or equipment.
Furthermore, the Client retains responsibility for the telecommunications costs for Internet access and those related to the duration of use of the www.wizishop.com website and his administration area, https://admin.wizishop.com.
Registration on the site www.wizishop.com is free for the Client.
To register, the Client must provide his e-mail address, an available WiziShop store name and a password.
Registration confirmation is sent by WiziShop to the email address provided by the Client once all the information has been sent.
Access to the WiziShop Account is free for a maximum Test period of 15 days.
WiziShop reserves the right to delete the account of an inactive Client. A Client is considered inactive after 30 days without connecting to his WiziShop Account.
An account is opened in the name of the Client at the end of his registration procedure on the Site. The Client can only access his account by using his username and password.
The Client agrees to protect his password and keep it secret and he is prohibited from communicating it to any third party.
He agrees to inform WiziShop without delay of any compromise, loss or anomaly observed with his password.
The Client acknowledges that the actions carried out on his Account will be attributed to him when his registration e-mail, the name of his WiziShop store and his password have been activated, in the absence of any request for revocation of the compromised password.
The Client alone is responsible for the consequences of disclosure of his password.
WiziShop agrees to manage Client Accounts and reserves the right to remove or suspend access to Client Accounts in the event of a proven compromise or in the event of a suspected compromise concerning the password.
The Client can carry out a test and personalization phase of his store for 15 days.
To keep his data at the end of the Test period and to be able to continue to use the WiziShop Services, the Client must:
Note that when the Client registers his banking information during his Test period, the default plan selected is the STANDARD plan, without obligation, which will apply automatically at the end of the Test period or if the Client activates his Store during this period. The Client has the possibility of choosing another plan if he wishes.
The Test period can be interrupted at any time if the customer requests closing of his account.
When activating the Client's site (site under construction or Online Store) during the Test period, the Client automatically exits the Test period and will be invoiced under the conditions provided for in article 8.1 of these terms and conditions.
If activation of the Store occurs during the first 15 days of using WiziShop, this automatically ends the Test period.
It is expressly agreed between the Parties that WiziShop can carry out a manual verification of the Client's store and reserves the right to refuse to activate the online store, in particular if one of the following problems is observed:
Each Party agrees to communicate to the other Party any useful information as well as any warning about risks of any kind that may affect the Services.
In the context of execution of these Terms and Conditions of Use or an amendment, each Party agrees to collaborate actively and regularly with the other Party, and any third party possibly designated by one of the Parties. As such, within a reasonable turnaround time, the Parties shall provide each other with all the documents or elements necessary for execution of the Terms and Conditions of Use, which are requested in writing by one of the Parties or any designated third party.
Each of the Parties remains solely responsible for the actions of its staff and subcontractors.
Each Party certifies that it has obtained Professional Civil Liability insurance to cover all the risks that it is likely to incur or cause the other Party due to the activity in which it is specialized. Each Party agrees to provide the Party which expressly requests it with a copy of said certificate.
WiziShop agrees to implement the technical and human resources necessary for performance of the Services it provides. As such, WiziShop is expressly bound by an obligation of means within the framework of this agreement.
WiziShop guarantees the security of the hardware and software used in the context of the Services provided to the Client. Consequently, WiziShop agrees to implement all reasonable diligence in order to limit the risks associated with an attack on the security of the Service (intrusions, hacks, viruses). Since the Internet is an open network and, therefore, sensitive to a number of risks, WiziShop cannot guarantee access or unlimited service availability. The Client declares to accept these risks.
WiziShop agrees to implement the measures and means necessary to preserve the integrity and availability of the information and data that is posted by the Client on its pages.
However, WiziShop reserves the right to suspend access to the Client's pages when it considers that an event likely to affect operation or integrity of the service so requires or upon occurrence of a case of force majeure in accordance with article 9 hereof. The suspension is valid for the duration necessary for the planned intervention and it can in no way engage the liability of WiziShop and does not grant the right to any compensation.
In case of a scheduled intervention, WiziShop agrees to inform the Client as soon as possible by any means at its convenience, as soon as it becomes aware of the scheduled intervention dates. It is expressly agreed between the Parties that a suspension inherent in a scheduled intervention can in no way engage the liability of WiziShop and does not grant entitlement to any compensation.
WiziShop agrees to host the Client's pages subject to respect of public law and order. It is expressly agreed that the Client's pages may be withdrawn in the event of a well-founded complaint from an Internet user.
WiziShop reserves the right to conduct an unannounced check on the Client's pages at any time. The unannounced check can be triggered following a complaint from an Internet user or at the initiative of WiziShop.
The Client agrees to use the Services provided by WiziShop in accordance with their intended purpose. In this regard, the Client agrees not to make excessive use of bandwidth and not to store large files, subject to express prior authorization from WiziShop.
The Client agrees to respect its commitments vis-¨¤-vis Internet users of its site.
The Client prohibits any action that could harm the image of the www.wizishop.com website and the WiziShop brand.
The Client acknowledges the legal obligation incumbent on him to identify himself as a professional on his online sales site. In this regard, the Client agrees to send, at first request, the commercial identification documents to WiziShop.
The Client agrees to submit to all the obligations incumbent on him due to his professional capacity within the framework of establishment of sales contracts and distance sales contracts and, in particular, those resulting from the Consumer Code and the Code of Commerce.
The Client agrees that the products and/or services he offers on his pages are fully compliant with public order, good morals, laws in effect in France, as well as the rights of third parties, and that they are not likely to offend the sensibilities of minors. In particular, and without limiting the general application of the previous paragraph of this article, the Client is prohibited from selling, directly or indirectly, through the services of WiziShop:
The Client agrees to provide WiziShop, at first request, with all documents to prove his ownership of the products and/or services he offers for sale online.
The Client agrees to set the Price of the products and/or services in accordance with laws and regulations in effect, in France in particular and, without this list being exhaustive, the provisions of Law No. 81-766 of 10 August 1981 on the price of books and those of Art. L.311-1 et seq. of the French Intellectual Property Code. The Client also agrees to comply with regulations on resale at a loss provided for in Art. L.442-2 to L.442-4 of the French Code of Commerce. The Client determines the Price of the Product under his sole responsibility.
The Client agrees to verify the legal compliance, accuracy and completeness of the information that is posted on his site. All content put online by the Client is and remains under his sole and entire responsibility.
The Client declares and agrees to make exclusively personal use of the pages, and not to grant access to them by a third party (except a web agency or partner duly authorized in writing), as well as to take all useful precautions in order to prevent this from happening accidentally or on purpose.
The Client agrees to comply with legislative and regulatory provisions in effect relating to the protection of personal data of natural persons for all the processing of personal data done within the framework of his online commerce activities.
As such, in application of the "Informatique, Files and Freedoms" law (Data Protection Act) of 6 January 1978 as amended, the Client is responsible for the collection and processing of personal data done using data collected on its site. Consequently, it is up to him to make the mandatory declarations to the Commission Nationale Informatique Libert¨¦. The Client also agrees to provide the contact details on his site for the service which any user of the site may contact to exercise the rights granted to him (right of access, right of rectification or right of deletion of stored personal data).
The Client is required to verify that he can accept payment by bank card online as part of his distance selling contract (VAD).
It is up to the Client to verify that his bank is compatible with the payment systems offered by WiziShop. In the event that the Client's bank does not grant authorization to use one of the systems offered on WiziShop, the Client may request the integration of his banking system into WiziShop. However, after examination of the proposed banking system, WiziShop reserves the right to integrate it, with or without an estimate. In addition, in this scenario where WiziShop integrates the new payment system, the Client accepts that only the operations authorized by his bank are automated, with any other function having to be carried out by the Client and under his exclusive responsibility.
From a general point of view, the Client agrees to respect the directives of the Law on the Digital Economy (LEN).
If WiziShop finds that the Client sends or has unsolicited mass mailings (SPAM) sent by e-mail in particular, WiziShop reserves the right to suspend the Client's Account and terminate this contract without notice.
In return for use of the Services provided by WiziShop, the Client agrees to pay it a fixed fee and transaction costs calculated on the total amount of sales of products/services generated by the Client on his site, regardless of the supply of the product/service concerned.
For the calculation of monthly transaction fees, WiziShop checks the status of orders every day. Orders whose status changes, in the same day, from a "validated" status to one of the following statuses, are excluded from the calculation of transaction costs, and are not considered as validated: Pending payment, Payment pending verification, Being returned, Delivery/Return problem, Refunded, Cancelled.
Details on the plans and transaction fees are available at the page: https://www.wizishop.fr/tarifs/tarifs-de-la-solution
A discount is given off the price of the plan if the Client agrees to keep the WiziShop service for a minimum of 12 months.
WiziShop offers optional services such as email or SMS dispatching.
These services can be ordered directly in the WiziShop administration area. They are payable upon order placement.
Invoices relating to the Services provided by WiziShop hereunder are issued each month and they must be paid no later than 24h following electronic issuance of the invoice.
The Client must insert a valid bank card to use the services of WiziShop. This information passes through a secure third-party banking service allowing payment of the invoice to be initiated by direct debit from a bank card. The debit takes place automatically 3 days following the issuance of the invoices.
In the event of expiration or deletion of the bank card, WiziShop reserves the right to immediately suspend its services until the Client enters a valid bank card.
If the Client does not have a bank card, he may ask WiziShop to pay his invoices by direct debit from his bank account. WiziShop is entitled to refuse this method of payment after examining the Client's information, if he represents a payment risk. The debit takes place automatically 5 days following the issuance of invoices.
In the case of an exceptional payment by cheque or by bank transfer, the following invoice is increased by 2 € excluding tax per payment for processing costs.
In case of delay or payment problem, total or partial, WiziShop reserves the right to:
In the event of rejection of payment by the banking institutions concerned, rejection fees in the amount of 15 € excluding tax will be automatically billed to the Client.
Hosting of the Client's online store is included in the WiziShop offer. There is no limit to the number of visitors or page views. Nevertheless, WiziShop reserves the right to charge an exceptional fee to the Client if its traffic is not qualified or if its online store does not allow a sale following improper customization or configuration.
The traffic will be considered unqualified if the online store does not make at least one sale per 1000 visits on average during the month. If the traffic is unqualified and exceeds the threshold of 30,000 visits in the month, WiziShop may charge a surplus of one cent per additional visit.
In the event of an expected peak in audience traffic (major communication campaign, TV or radio show, etc.), the Client agrees to notify WiziShop as soon as possible so that WiziShop can anticipate hosting needs and find the best technical solution.
If a large peak in audience traffic is observed without the Client notifying WiziShop at least 2 working days in advance, WiziShop reserves the right to temporarily deactivate the store or to put technical resources in place to support this increase in load.
WiziShop is responsible for any breach of its obligations under these Terms and Conditions.
WiziShop, in its capacity as a technical service provider as intended under the Law on Confidence in the Digital Economy of 21 June 2004 (LCEN), in particular in its capacity as host of the data appearing on the Client's online store, will not be able to have its liability engaged only on the basis of article 6 of said law.
WiziShop cannot be held liable in the event of use of the Services not in accordance with the provisions of these Terms and Conditions of Use or in the event of errors, breaches or delays arising from a fault or breach of the Client.
WiziShop declines any responsibility for the content and the expected legal value of the elements appearing on the Client's site as well as their assessment by any administration or jurisdiction.
Being reminded that WiziShop does not intervene, in any way whatsoever, in the contractual relations between the Client and users of its online store, and that WiziShop cannot be involved in any commercial dispute whatsoever that may arise between the Client and its contracting parties. Consequently, WiziShop cannot be held liable in the event of failure of the Client in the context of commercialisation, sale or delivery of its products and/or services.
In any case, WiziShop is in no way responsible for any indirect and/or related damages, such as, without this list being exhaustive: operating losses and other commercial, image or moral harm, originating or resulting from this agreement.
In order to avoid any late complaint and, in particular, to allow WiziShop to preserve the evidence, the Client must notify WiziShop that he intends to pursue its liability. This notification must, under penalty of forfeiture, precisely indicate precisely the errors, breaches or delays observed and must be sent no later than 15 days following occurrence of the event accused of engaging the liability of WiziShop.
WiziShop cannot be held liable as a result of any action or recourse by third parties as well as for suspension of the Client's site as provided herein.
The Client is responsible in the event of failure to fulfil its obligations under these terms and conditions.
The Client is responsible for complying with regulations applicable to his activity as well as to the content he uploads to his pages.
The Client is solely responsible for the use of his pages, which must comply with fair trade practices, current legislation and good morals.
The Client is responsible for using his means of identification to create the pages available to him.
The Client is solely responsible for drafting his commercial offers and for non-compliance of the product and/or service with the qualities that he himself has expressed in his offer, and guarantees WiziShop against any complaint related to drafting of the offers and/or the description of his products and/or services.
The Client is responsible for all damage caused by him to WiziShop. The Client agrees to indemnify WiziShop in the event of a request, claim or judgment for damages of which WiziShop is the subject as a result of non-compliance with these provisions.
The Client guarantees WiziShop against any complaint, claim or requirement of third parties who have invoked a violation of their rights following use of the services made by the Client or following measures taken by WiziShop to put an end to violation of the rights of third parties invoked by the victim.
WiziShop cannot be held responsible for any delay in the performance of its obligations or for any non-performance of its obligations resulting from this Contract when the circumstances leading to it result from force majeure as intended in article 1148 of the Civil Code.
In an express manner, force majeure or unforeseen circumstances are considered, in addition to the cases usually retained by the case law of the French courts and tribunals, total or partial strikes, lock-out, riot, civil disturbance, insurrection, war, bad weather, epidemic, blockage of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in forms of commercialisation, computer failure, blocking of electronic communications, including land-line or wireless telecommunications networks, any questioning of the mathematical foundations governing the theory of cryptographic algorithms, used for public key infrastructures and any other case beyond the control of WiziShop preventing normal execution of this contract.
Initially, cases of force majeure suspend execution of the contract. If cases of force majeure last longer than 45 days, the contract is automatically terminated, unless otherwise agreed between WiziShop and the Client.
The Client will be responsible for all damages which WiziShop could be ordered to pay due to the Client's failure to comply with the contractual obligations contained herein or as a result of the measures taken by WiziShop to put an end to violation of the rights of third parties invoked by a victim, from the time that the sentence pronouncing them becomes enforceable, as well as the compensation and costs of any kind spent by WiziShop, to ensure its defence, including the costs of lawyers.
WiziShop agrees to inform the Client as soon as it becomes aware of any request, claim or procedure presented or initiated for such a reason, by judicial or extrajudicial means, and to provide the Client, at no cost to the latter, with all documents and information in its possession as well as any assistance that may be necessary for its defence.
For settlement of the difficulties referred to in this article, WiziShop shall, moreover, refrain from any direct relationship with third parties and give the Client the powers and facilities to allow him to fully take charge of handling relations with third parties.
Failure by either Party to fulfil any of its obligations which extends beyond thirty (30) working days following formal notice sent by registered letter, or which is not likely to be remedied, may result in termination of the Contract, by right, without legal formalities and without prejudice to any damages and/or penalties, other rights and remedies that the non-defaulting Party may claim from the defaulting Party. WiziShop agrees to leave the possibility for the Client to download his data (products, customers and orders). It is expressly agreed between the Parties that WiziShop will keep a copy for evidentiary purposes.
It is expressly agreed between the parties that all Services provided by WiziShop remain the property of WiziShop.
The Client expressly authorizes WiziShop to use, solely within the framework of these Terms and Conditions of Use and for the sole purpose of marking the pages, the distinctive signs of the Client in compliance with the graphic charter put in place by WiziShop.
These non-exclusive authorizations to use trademarks and logos are expressly limited to the needs thus defined and to the duration of this contract.
In accordance with their confidentiality obligations, each of the parties is expressly prohibited from communicating to third parties, even free of charge, from reproducing, publishing, in whole or in part, the elements mentioned above, without the express, prior and written consent of the other party.
The data provided by the Client when registering and the data collected following use of the services of WiziShop and its online store may be used for the production of common statistics (of all WiziShop Clients) and be published on different media.
The Client accepts that the data collected by the use of his online store is accessible at any time by WiziShop for support and invoicing.
The Parties agree to preserve the confidentiality of the information exchanged under the contract, in particular all the technical and commercial information and know-how exchanged, as well as the elements of this contract and the correspondence relating thereto.
WiziShop points out that the Client must have computer hardware and software in accordance with the technical prerequisites necessary for proper functioning of the Service.
In accordance with Article 1316-2 of the Civil Code, the Parties intend to set, within the framework of the Service, the rules between them relating to admissible evidence in the event of a dispute and its probative value. The following provisions thus constitute the agreement on proof between the parties, who agree to comply with this article.
The Parties agree to accept that in the event of a dispute, the following are admissible in court and serve as proof of the data, consent and facts they contain and express:
WiziShop reserves the right to use the Client's name, trade name or brand as a commercial reference in its commercial documents and on its website.
Reciprocally, the Client may use the name of WIZISHOP as a commercial reference in its commercial documents and on its website.
No modification in the legal form of WiziShop, transformation, merger with other legal entities or absorption can terminate the contract.
This Contract as well as all the rights and obligations attached to it may be transferred by WiziShop to any company taking over all of the obligations under the responsibility of the transferring party.
WiziShop reserves the right to have all or part of the services relating to the online posting of the content communicated by the Client in the dedicated space of the https://www.wizishop.com/, https://www.dropizi.fr/ or platform, subject of this contract, performed by any other company of its choice as a subcontractor, with each party remaining solely responsible towards the other.
Under no circumstances may the contract be considered as creating an undeclared partnership or joint subsidiary between the parties, or as establishing a mandate for the benefit of one of the Parties.
Any notification required under the terms of the contract must be made to the other party in writing, by registered letter with acknowledgement of receipt (LRAR), or by any other means for which receipt can be proven (e.g.: Chronopost, DHL, Hybrid registered letter, DepoMail), to the following address:
WiziShop
8 Avenue Malaussena
06000 Nice
Any tolerance or waiver on the part of one of the parties in the application of all or part of the commitments or obligations provided for in the contract, regardless of the date, frequency or duration, cannot, in the absence of written agreement to this effect, constitute modification of the Terms and Conditions of Use or create or obstruct any right.
Invalidity of any clause of this contract does not affect the validity of the other clauses; the contract continues in the absence of the cancelled clause unless the cancelled clause renders continuation of the contract impossible or imbalanced compared to the initial agreements.
The headings at the top of each article only serve to facilitate reading and can in no way be used as a pretext for any interpretation or distortion of the clauses to which they relate. In case of difficulty of interpretation or contradiction between the content of a clause and its title, the title is deemed unwritten.
The Parties acknowledge that the contract, the Attachments to this contract and any amendments thereto constitute the entire agreement between them regarding attainment of the purpose hereof and replace all previous agreements and proposals having the same purpose, regardless of the form.
The Parties agree to attempt find an amicable solution to any dispute that could arise on the occasion of execution or interpretation of these Terms and Conditions. In the absence of an amicable solution, the dispute will be submitted to the Commerce Court of Nice, notwithstanding multiple defendants, summary proceedings, guarantee claims or protective measures and, in the event of a dispute relating to the interpretation, establishment, validity or execution of the contract, the Parties give express and exclusive jurisdiction to French law.
26/01/2023
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