Terms of service

 

OVERVIEW
Welcome to IZAC! The terms “we,” “us,” and “our” refer to IZAC. IZAC operates this store and website, including all information, content, features, tools, products, and related services, in order to provide you, the customer, with a personalized shopping experience (hereinafter referred to as the “Services”). IZAC is a store powered by Shopify, which allows us to provide you with the Services.

The Terms and Conditions of Use below, as well as all related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you agree to allow any minor dependents to use the Services on devices that you own, purchase, or manage. To use the Services, including to access or browse our online stores, or to purchase any of the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information. You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have endeavored to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store, your device settings, and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be the same as described or rendered in our online stores. All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. IZAC reserves the right to accept or refuse your order for any reason at its discretion. Your order is not accepted until IZAC has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as IZAC may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time of ordering. Your purchases may be returned or exchanged only in accordance with our Refund Policy. You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless otherwise stated, prices shown do not include taxes, shipping and handling charges, customs or import duties. Prices displayed in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect prices and are governed by separate Terms and Conditions of Use from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the amounts charged to you will be honored by your credit card institution, and (iv) you will pay the amounts charged to you at the prices listed, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, title and risk of loss are transferred to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of IZAC, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.These Terms authorize you to use the Services for personal and non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit the material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed to grant any license or other rights to you under any patent, trademark, copyright, or other intellectual property of IZAC, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by IZAC.
IZAC's names, logos, product and service names, designs, and slogans are trademarks of IZAC or its affiliates or licensors. You may not use these trademarks without the prior written consent of IZAC. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to third-party customer tools offered as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranty, representation, or condition of any kind and without any endorsement. We disclaim all liability arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own discretion and responsibility, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features shall also be considered part of the Services and shall be subject to these Terms of Service.

SECTION 8 – LINKS TO THIRD PARTIES

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of any products, services, resources, or content on third-party websites. Please review the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party concerned.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section specifically describes the relationship between Shopify and your store and should not be deleted or modified].
IZAC is powered by Shopify, which allows us to provide you with the Services. However, sales and purchases you make in our Store are made directly with IZAC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and IZAC, including any injury, damage, or loss resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising out of or in connection with your purchases and transactions with IZAC.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read these privacy policies. Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, in order to provide you with services. Please see our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, publish, email, or otherwise provide ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and fully royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback on any medium and for any purpose, including commercial purposes. For example, we may use the rights granted under this license to operate, provide, assess, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that (i) you own or otherwise hold all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We have no obligation (1) to maintain the confidentiality of your Feedback; (2) to provide any compensation for your Feedback; or (3) to respond to any Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any third party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene content, nor any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility and no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Information on or in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any illegal or malicious purpose; (b) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or arrange for the transmission of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, in our judgment, may harm IZAC, Shopify, or users of the Services, or expose them to liability. Furthermore, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send spam, phishing, pharm, pretext, robot, collector, or scraping; or (e) interfere with or circumvent the security features of the Services or any associated website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.
 
SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such content by you or any other visitor to the Services, or anyone else who may be informed of its contents. EXCEPT AS EXPRESSLY STATED BY IZAC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IZAC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless IZAC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your violation of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to provide prompt notice will not relieve you of your obligations unless you suffer significant prejudice. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be deleted from these Terms of Service, without affecting the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, all prior versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreement by which we provide Services to you shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where IZAC has its headquarters. You and IZAC agree to the venue and personal jurisdiction of these courts.

SECTION 22 – HEADINGS

The headings used in this agreement are for convenience only and shall not limit or affect these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.
 
SECTION 24 – CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to us at serviceclient@izac.fr.
Our contact information is listed below:
[INSERT BUSINESS NAME]
serviceclient@izac.fr
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]