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ABUSE:
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PREAMBLE
The current Terms of Use (herein referred to as ToU) apply to the to the creation of Products offered for sale by the company TEEZILY Inc., a Delaware Corporation, number 5767643 ; a direct wholly-owned subsidiary of TEEZILY SAS, French company, registered at the RCS (Registre du Commerce et de Sociétés) of Paris under number 789 517 695, and is registered under the VAT intra-community number FR 17797742681, whose headquarters are found at 6, Rue Léon Cogniet 75017 PARIS.
The Products are textile products (t-shirts; sweatshirts etc.) or any other material, printed and offered in a specific quantity and for a predetermined length of time, as proposed by the Designers as part of a Campaign.
By placing an Order or Preorder of a Product through the Teezily Service, the Customer declares that they are over 18 years of age, and fully accepts the current General Terms and Conditions outlined herein. These terms govern the relationship between the company TEEZILY and the Customer(s) and User(s) and specifically the Orders and Preorders made by the Customer(s), and the creation, the production, and the delivery of the Products by the Company TEEZILY.
The company TEEZILY reserves the right to modify the General Terms and Conditions at any time. However, only the General Terms and Conditions in force at the time of the Order or Preorder will be applied. Customers are advised to download or save the Terms and Conditions in force at the time of their Order or Preorder, by following this link.
ARTICLE 1 – DEFINITIONS
When capitalized, the word in singular or plural will have the following meaning:
Campaign : An activity, publicized on social networks, inviting at the underwriting of a Product, that will only be produced and sold by the Teezily Service if the underwritten sales reach the minimum Target announced by the Creator in the timeframe (between 24 hours and 20 working days), outlined for the Product and on the Teezily Service. If the sales Target is reached, the Product will be created and sold at the announced price when the Campaign is launched. Failing this condition, the Campaign will end and the corresponding Products will not be created or sold, and the payments that would have been debited by the Company TEEZILY, should the Campaign have been successful, will be reimbursed.
Campaign Description: Description and title of the Campaign, exclusively handled and filled freely by the Designer, displayed at the upper right side of the Product image, for the purpose of describing the operation of the Campaign. This content shall not, in any way engage the company TEEZILY, which makes its bests efforts to control the accuracy of the content.
Campaign Period: Period set by the Designer at the time the Campaign is launched, between 24 (twenty four) hours and 20 (twenty) working days, during which Preorders, and when the Tarrget is reached, Orders, can be addressed to the company TEEZILY.
Customer: Any person(s) having ordered a Product or Products for personal or non-commercial use, on behalf of a group or association. Certain clearly specified regulations of the current General Terms and Conditions apply exclusively to Consumer Customers.
Contract: Complete contractual arrangements linking the company TEEZILY to the Customer and comprising the current General Terms and Conditions as well as the Preorders and related Orders.
Customer Account: Complete set of data relating to a Customer, including their identification information, registration data and purchasing history.
Designer(s): All persons having launched a Campaign in which they offered one or more Product(s) on the Teezily website.
Design(s): Graphic designs such as illustration(s) or photograph(s) created by a Designer, or uploaded on the creation platform of the Teezily website, intended to be printed on a Product offered for sale as part of a Campaign.
Information: Information and personal data provided by the Customer(s) or relating to their Account, to their Orders or Comments, and which can be used by the Company TEEZILY within the limits referred to in the current General Terms and Conditions.
Model(s): The design and form of each Product within a Campaign, such as but not limited to textile products, a list of which is laid down by the Designer, and is available to choose from on the Teezily Service, including: unisex t-shirt, sweatshirt, hoodie, tank top etc.
Order(s): Purchase command or automatic confirmation of a Preorder when the Objective set by the Creator is reached, with automatic debit of the Price of the related Preorder, without the need for the Campaign Period to be ended.
Preorder: Any underwritten Order from a Customer for one or several products, prior the reaching of the fixed Target, without debiting the Customer’s account (except particular cases mentioned in the present Terms).
Product: A Product; usually, but not restricted to, textiles (such as t-shirts and sweaters etc.), printed with a Design (digital or screen printing). The Product characteristics are indicated for each Product in the Product Description available on the TEEZILY service at the right of the Product’s picture.
Price: Unit price, all tax included, by default, as indicated on the TEEZILY Service for each Product, which will vary depending on different criteria; particularly Model, color and size, as indicated on the TEEZILY Service for each Product next to the picture of said product.
Preordered or Ordered Product: Product chosen by the Customer on which the Design is printed, in the Model, Size and color selected. The company TEEZILY does not hold any stock of Products. The Products are made only at the Customer’s request, in the Size and Design of their choice.
Product Description: Description of all relevant information to inform the Customer of the design and quality of each Product available on the Teezily Service right under the Campaign Description, a the right of the Product picture, reflecting the characteristics and qualities of each Product offered for sale.
Size: Size chosen by the Customer for each Product ordered within a framework offered by TEEZILY. The Products are made exclusively in the sizes ordered by the Customer.
Target: Number of Preorders set by the Designer at the launch of a Campaign in order for a Product to be offered for sale at the proposed Price.
TEEZILY Service: E-Commerce Services provided in French, English or any other languages available, accessible either via Internet or mobile app, allowing the Customer to select and order one or multiple Products.
TEEZILY Site: Website accessible at the following address www.teezily.com.
User: User of the TEEZILY Service, including the Customer before placing any Order or Preorder as well as the Customer after placing an Order or Preorder.
Withdrawal Form: Downloadable document provided by the company TEEZILY to be completed by the Customer in the case of cancellation and sent at [email protected]. To be used for any cancellation made by the Customer within the required hereby detailed conditions and time limits.
ARTICLE 2 – ACCESS CONDITIONS TO THE TEEZILY SERVICE
The TEEZILY Service is accessible from a computer, tablet or smartphone at the website address www.teezily.com.
In order to use the TEEZILY Service, the User should have access to a device and a subscription to a telecommunication network allowing them to access the TEEZILY Service, both of which must conform to current regulations and standards.
The User should also have access to a browser compatible with the TEEZILY Service as listed on the TEEZILY Service (including Firefox, Chrome, Safari, Chromium).
The User will have free access to the TEEZILY Site and Service subject to the present Online Sales Terms, and where applicable the General Terms of Use of the TEEZILY Site.
ARTICLE 3 – SALES ORGANISATION ON THE TEEZILY SERVICE
The TEEZILY Service is a Platform allowing Designers to offer Designs that will be manufactured and marketed by the company TEEZILY if they meet with the requirements of the User.
In this way, the Designer offers a Design, sets a Price, a Campaign Period, a Target of Preorders to reach.
Interested Users can therefore:
Make Preorders during the Campaign Period until the Target is reached.
Make Orders after the Target is reached. The Preorders made by Customers before the Target is reached will automatically turn into Orders as soon as the Target is reached, without the need to wait for the end of the Campaign Period.
After the Target has been reached, the company TEEZILY is responsible for the manufacture, printing, and shipping of the Products to the Customer.
ARTICLE 4 – PRODUCTS
The Products offered for Sale as part of a Campaign correspond to Designs and Models to be fabricated in different materials; mostly textile, (t-shirts, sweatshirts etc.), and which are available in various colors and Sizes, at the Designer and/or Customer’s choice.
Product descriptions, which are found at the bottom right next to their corresponding Product picture on the Service TEEZILY, indicate to the Customer all the Characteristics of that Product.
The Product Description informs the client about the Product Characteristics and is found next to the Product image found on the TEEZILY Service.
The Company TEEZILY takes every possible care to accurately present and describe its Products in order to keep the User as informed as possible. However, in the case where a User and/or a Customer finds an anomaly or wishes to acquire more information, they are invited to contact the TEEZILY Service in using the CONTACT TEEZILY Procedures found below.
The Company TEEZILY states, to all intents and purposes, that under no circumstances, and despite its commitment to the correction of the inappropriate mentions, the Campaign Description shall engage the company TEEZILY. For example, when such Campaign Description describes the Product in an unappropriated manner likely to mislead the User or the Customer (jumper instead of sweater, 100% cotton when it’s not…). Therefore, in the event of any conflict between the Campaign Description and the Product Description, the latter shall prevail, and above all the present Terms and Conditions shall govern.
The company TEEZILY states that, to all intents and purposes, the Designs, and specifically the shades of the colors of the Products as of the printed designs digitally displayed on the Teezily Service, can appear differently on a Product manufactured and sent to the Client, due to the material (textile, or other) on which the Design is produced. The Company TEEZILY cannot be held responsible for this.
The company TEEZILY states that, for all practical purposes, that all the information available on the Product care must be observed in order to preserve their qualities. No exchange or refund shall happen in the event of non-compliance with these care instructions which resulted in degradation of the Product.
Furthermore, the company TEEZILY reserves the right, in case of unavailability of any Product in sufficient quantity to restock; and as the case may be in any similar material with the same characteristics or identical to those indicated in the Product Description.
ARTICLE 5 – ORDER AND PREORDER CONDITIONS
If the User wishes to make an Order or Preorder on the TEEZILY Service, the User must be over 18 years of age and have read and fully accepted the current Terms and Conditions, consent reflected by clicking on the “Confirm my Order” button. The User should also have access to an accepted payment method as listed in the current Terms and Conditions and complete all sections of the online form. The required information is as follows:
Civility,
First and last name,
Delivery address,
Email address,
Telephone number (optional),
Required Products
Quantity of ordered Products.
The User/Customer shall cooperate to provide correct and complete information. The Company TEEZILY cannot be held responsible for any delivery problem in the event of an incorrect address or recipient attributed to the Customer/User.
Customers are unable, at the risk of being prosecuted, to transfer any rights and responsibilities issued from the present Contract to a third party without the prior written agreement of the company TEEZILY.
To validate an Order or Preorder, the User/Customer must follow the instructions found on the TEEZILY Service.
Customers must verify the terms of their Orders and Preorders (Products, Price, Size, Color, Model, Name and Delivery Address etc.). No exchange will be accepted in case of a delivery made according to the order placed on the TEEZILY Service and received by the company TEEZILY, the information contained in the confirmation email sent makes proof concerning the Orders or Preorder characteristics.
An Order will be accepted by clicking on the ‘Confirm my Order” icons designed for this purpose.
An Order is considered as definitive and closed as soon as the Customer has completed all parts of the Preorder or Order form, and accepted without reserves the current Sales Terms and Conditions by clicking on the “Confirm my Order” icon.
Once an Order has been successfully made, the Company TEEZILY will confirm the Order by email to the Client, confirming the following:
The name of the Campaign
The number of Product(s) ordered
The size(s) ordered
The color(s) ordered
The cost of the Order (price of Product and shipment costs)
The delivery address and recipient (or delivery addresses in the case of multiple recipients)
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The approximate delivery times (15 days following the end of the Campaign Period, and 30 days at least)
The Company TEEZILY also reminds the Customer that, in case of Preorder, and because of the nature of the Campaigns themselves, if the Target is not reached in the predefined time as stated on the concerned Campaign page on the Teezily Service, and recalled at the time of the Preorder confirmation, the Products will not be produced or sold. In this circumstance, the Client shall automatically receive an email at the address provided before, stating that the Preorder shall be immediately and automatically cancelled without making the company TEEZILY responsible for it in any manner.
Additionally, taking in account the nature of the Campaigns, the Customer is notified that they are able to withdraw their Order at any time before the end of the Campaign Period by contacting the company TEEZILY according to the instructions at the “CONTACT TEEZILY” section below.
Given that the Products are manufactured and printed to the Customer’s Order in a personalized fashion way, and that the company TEEZILY does not hold any stock, the Customers are notified that they are not able to withdraw their Preorder/Order after the end of the Campaign Period and until 5pm the last day of the Campaign Period, due to the Company TEEZILY customer service working hours (Monday to Thursday 9.30am until 6.30pm and until 5.30pm Friday).
THE COMPANY TEEZILY REMINDS THE CUSTOMER THAT IN COMPLIANCE WITH ARTICLE L. 121-21-8 OF THE FRENCH CONSUMER CODE, THE CUSTOMER DOES NOT HAVE THE RIGHT TO WITHDRAWAL AFTER THE DATE WHEN THE PRODUCTS FROM THE CAMPAIGN IN WHICH THEY PARTICIPATED ARE MANUFACTURED, MEANING THE END OF THE CAMPAIGN PERIOD GIVEN THAT THE PRINCIPLE OF THE TEEZILY SERVICE IS TO NOT HAVE ANY PRODUCTS IN STOCK. ALL THE PRODUCTS ARE MANUFACTURED TO ORDER IN THE SIZE ORDERED AND PRINTED WITH THE DESIGN AS CHOOSEN BY THE CUSTOMER WHEN ORDERING OR PREORDERING. IN THIS RESPECT THE PERSONALISED PRODUCTS AT ORDER IN EACH ORDER FROM EACH CUSTOMER CANNOT THEREFORE BE RETURNED OR EXCHANGED.
If the Customer wishes to withdraw their order within the specified time period, before the end of the Campaign Period, they should do so by carefully completing and signing the Withdrawal Form available here and sending it to the Company TEEZILY exclusively at the following email address , until 5pm on the last day of the Campaign Period. The Company TEEZILY will send a receipt of confirmation of withdrawal by email to the address provided by the Client at the time of their Preorder/Order. Any withdrawal occurring outside the specification hereby detailed, and after the time limits will not be processed.
ARTICLE 6 – PRODUCT PRICING
The Price of Products are shown in Euros, with Value Added Tax included. The Prices are quoted according to the sales Target of each Product, and decided under the Designer’s responsibility.
The Company TEEZILY does not accept any bank charges or exchange costs, the amount given in Euros, or any other currency proposed by the TEEZILY Service, being that which should be received by the Company TEEZILY. When payments are made by bank transfer, the Customer should notify their bank branch that all costs are at their own expense.
ARTICLE 7 – SHIPPING CONDITIONS
Shipping modes in metropolitan France are the following:
“La Poste”, standard delivery without tracking and signature “Affranchigo Forfait” for the lightests articles (t-shirts, tank tops…)
“Colissimo” service, with tracking number but without signature, for the heaviest articles (sweaters and hoodies)
Outside of metropolitan France, all European deliveries are made with the “Asendia” service without tracking and signature.
Outside of Europe, international delivery modes are the following:
USA : UPS service, tracking number without signature;
Australia : “Australian Post” with tracking number and signature delivery;
New-Zealand : “New-Zealand Post” with tracking number and signature delivery;
Rest of the world “UPS international” service with tracking number and without signature.
These delivery methods apply by default according to the ordered Products, the TEEZILY Service does not offer the possibility to choose any other delivery methods.
ARTICLE 8 – PAYMENT METHODS
Customers can pay for their Orders by either:
bank card (Carte Bleue, credit card, Visa, Mastercard, iDeal, Sofort, Giropay, Klama, Bancontact, American Express, Discover)
Paypal
Gift cards issued by third parties companies (accepted on the Teezily Site only if the Visa and/or Mastercard logo appears on the card)
The Customer should first make sure that the gift card or the bank account that they are using to pay for the Orders or Preorders will cover the entire cost of the Orders or Preorders, meaning the Price of the Product(s), and any associated delivery fees.
In the event where the Customer/User wishes to use a gift card, they shall ensure prior making any purchase that the period of validity of the card has not expired. Such information is available on the accompanying documents or by reaching to the card issuer.
In case of a refund for a purchase initiated with a gift card, the refund can only be executed on the aforementioned gift Card. If at the refund date the gift card has expired, the Customer must be responsible for bringing it to the attention of the company TEEZILY using the “CONTACT” procedure detailed below.
Thanks to a SSL protocol, payments are secured. The gathering of information related to bank cards is provided by the company ADYEN. The Company TEEZILY does not hold any data relating to bank cards, this is why the User/customer will have to re-input all his credit card information in the event of a second purchase on the TEEZILY Service via the TEEZILY website.
At the time of payment, a verification might be requested of the owner of the bank card. This involves a 3D Secure process (Mastercard, SecureCode and Verified by Visa) and is used to reinforce payment security. The Customer should at this point follow authorization instructions and procedures required by the bank to allow the Company TEEZILY to ensure that the Customer is indeed the owner of the bank card being used, or as the case may be, got the authorization from the bank card owner.
Card payments are only ever debited from the bank account of the Customer if the Campaign in which they participated reaches its minimum Target. No amount is drawn from the account at the Preorder phase, to the sole exception of payments using Sofort, iDeal and Bancontact Mistercash which solutions do not offer the possibility for a differed charge.
In the event where the Customer’s account is charged by error before the Campaign reaching the Target, or because of the payment method used, and the Campaign not reaching its Target, and the Products not be produced or sent, the Customer will immediately be credited for the amount that was debited in error, but only on the account first debited.
Once the Target is met, and failing prior withdrawal under the above-mentioned conditions, the debit is made. An Order is considered as standing having all the attached consequences hereby detailed, as soon as the company TEEZILY receives confirmation from the bank payment center.
Should the Customer exercise their right to withdrawal according to the conditions detailed above, before the end of the Campaign Period at the customer care opening hours, the Company TEEZILY will process, where applicable, to a refund for the amount paid by the Customer, by crediting their account with the total of the amount they will have paid within a time frame of 14 days following the reception of the exercise of the Customers right to withdrawal.
The company TEEZILY uses an internal fraud control process in order to review the Orders and Preorders in order to fight against fraud involving non-cash meaning of payments on the Internet to protect the consumers in general. In this view, the company TEEZILY expressly reserves its right to refuse any Order or Preorder coming from a Customer with whom there is a dispute concerning the payment of a previous Order, also the right to cancel any Preorder or Order if the payment information submitted during the Order or Preorder do not comply with the safety requirements.
In the case of fraud, a fraud attempt or a payment issue, the Company TEEZILY reserves the right to suspend a User/Customer's access to the TEEZILY Service and/or to close their account without prejudice to any other rights to persecution and compensation for any damage suffered by the Company TEEZILY.
ARTICLE 9 – TERMS AND COSTS OF SUPPLY OF PRODUCTS
Shipping costs of Products are invoiced separately. They are indicated upon placing the Order the shipping costs are shown according to the delivery address(es) and the delivery mode(s) applicable to the chosen Product(s) indicated by the User/Customer before the User/Customer is asked to confirm his Order.
The Company TEEZILY will inform the Customer of the estimated delivery date by email to the address provided at the time of the Order or Pre-Order. However, in case of conflict, with any automatic confirmation emails received, or with the Campaign Description, and these Terms, the latter shall govern.
Delivery costs for France, Europe, USA, and Canada are the following:
1 sweater/hoodie = 4,95€
1 additional similar product = 1,65€
1 t-shirt = 3,95€
1 additional similar product = 1,45€
Delivery costs for the rest of the world are the following:
1 sweater/hoodie = 6,50€
1 additionnal similar product = 3€
1 t-shirt = 6,50€
1 additionnal similar product = 3€
The maximum delivery time for all shipping destinations is thirty days from the confirmation email sent at the end of the Campaign specifying that the Target of the Product has been met and that the Products will be manufactured and printed.
Deliveries are carried out on weekdays, namely every-day of the week except Saturday, Sunday and statutory holidays.
ATTENTION OF THE USERS AND CUSTOMERS IS DRAWN TO THE FACT THAT ALL THE TERMS APPEARING IN THE CAMPAIGN DESCRIPTION CONCERNING NOTABLY A DELIVERY BEFORE A SPECIAL DATE (CHRISTMAS, VALENTINE’S DAY OR ANY SPECIAL OCCASIONS) SHALL NOT IN ANY CASE ENGAGE THE COMPANY TEEZILY, SINCE SUCH MENTIONS ARE ENTIRELY HANDLED BY THE DESIGNERS.
THE COMPANY TEEZILY MAKES ITS BEST EFFORTS TO ENSURE THAT THE CAMPAIGN DESCRIPTION BEST SUITS TO THE REALITY IN ORDER TO AVOID MISLEADING THE USER AND/OR THE CUSTOMER. IN THE EVENT OF ANY CONFLICT BETWEEN THE CAMPAIGN DESCRIPTION AND THE INFORMATION AVAILABLE ON THE ORDER PAGE, OR ANY TEEZILY CONFIRMATION EMAILS SENT TO THE USER, THESES LATTER SHALL PREVAIL, AS THE COMPANY TEEZILY OFFICIAL COMMUNICATIONS, AND ABOVE ALL THE PRESENT TERMS AND CONDITION SHALL GOVERN.
Deliveries are made to the address (or addresses in case of multiple Products and destinations) provided by the Customer at the time of the Order, the company TEEZILY shall not be held responsible in the event of a late or failure to deliver the Product when the shipment address provided is incorrect or incomplete.
ARTICLE 10 – TRACKING ORDERS
The Customer may track the transition of their Preorder to an Order status by consulting the TEEZILY Service to check if the Target is reached, and once this is achieved, by contacting the Customer Service team at the address provided in the Contact Teezily section below, when the shipment mode corresponding to the chosen Product permits the parcel tracking.
ARTICLE 11 – ABSENT OR LATE DELIVERY
The Customer shall inform the Company TEEZILY by email regarding any delivery delays or failure to deliver on time.
In case of delay or non-delivery by the deadline, except in cases of Force Majeure, the Customer may, under the applicable provisions of the Consumer Code, request Product delivery within a reasonable additional period. A failure to deliver respecting this new extended deadline, the Customer may cancel the order permanently. This cancellation will be considered effective from date of receipt by TEEZILY of the notification of the decision of the Client during customer care opening hours.
The full refund of the amount paid by the Customer will then be effective, in accordance with Article L. 138-3 of the French Consumer Code, within 14 days of the receipt of the Customer’s decision upon the cancellation of the Order. Such refund shall only be made through the payment method initially used. In cases where the refund does not occurs within the time limits applicable, the sums due shall be increased as follows:
10% if the refund occurs within 30 days after the initial term
20% if the refund occurs within 60 days after the initial term
50% if the refund occurs within 60 days after the initial term
These provisions shall not be applicable in case of late delivery due to a mistake in the address delivery name attributable to the Customer.
ARTICLE 12 – LEGAL WARRANTY OF CONFORMITY HIDDEN DEFECTS AND RETURN OF PRODUCTS
Pursuant to the articles L.211-4 and following of the French Consumer Code, in case of non-compliance of the Product delivered to the Order and only in such cases, the Customer will be offered a choice, within the limitation period applicable to this action, between the replacement of the Product, or keeping the Product as it is, requesting a price reduction justified by the Product’s imperfections.
The conformity of the Product cannot be understood otherwise than under articles L. 211-5 of the Consumer Code, and namely: suitable for the usual expected purpose, matching the description given, and having the qualities that a buyer might reasonably expect from the Product.
In case of hidden defects rendering the Product unsuitable for the use for which it is normally fitted, and if the Customer is able to demonstrate that the conditions required under Article 1641 of the French Civil Code are met, the Customer will be offered a choice between keeping the Product as it is, and ask for a price reduction corresponding to the defects, or returning the Product for a refund of the paid Price.
In order to obtain a Price reduction, or the Product replacement, the Customer may contact the company TEEZILY following the instructions provided in the "CONTACT TEEZILY" section below.
Unless the Customer is able to prove to have suffered damage, he may not be able to claim any compensation.
ARTICLE 13 – GUARANTEE
The Company TEEZILY guarantees that the Products have been made in accordance with the rules and standards for each category of Product and in social and environmental conditions that meet the applicable legal requirements. In particular, that the delivered products meet the applicable CE standards and that no minor child under 14 years old were involved in their manufacture.
The company TEEZILY guarantees that the Products fits to the purpose usually expected for the category of the delivered Products. In case of hidden defects rendering them unfit for the intended use, the company TEEZILY only accepts returns of Products and Price reductions under the conditions specified above.
ARTICLE 14 – LIABILITY
The Company TEEZILY takes great care in conducting its business activities. Customers wishing to engage the liability of the Company TEEZILY in any capacity whatsoever are asked to first contact the Company TEEZILY to try to find an amicable solution before engaging in any legal action.
ARTICLE 15 – FORCE MAJEURE
The Company TEEZILY may not be held liable in the event of a force majeure, like those admitted by the courts, and notably:
The following are to be taken as instances of Force Majeure, regardless of the cause and whether or not the case of force majeure is fully applicable: strike, the closure of workshops, fire, machinery breakdown, manufacturing issues or delays in the supply of raw materials.
In the event of a late or delayed delivery resulting from Force Majeure lasting for longer than 3 (three) months, Orders and Preorders will be cancelled at the express request of the Customers, and the Company TEEZILY will be committed to refund the amount of the Order within 14 (fourteen) days after reception by the company TEEZILY of the cancellation request (such refund can only happen trough the payment method initially used for the Order.)
ARTICLE 16 – SECURITY
The Company TEEZILY imposes a security process for the access of the TEEZILY Service which complies with professional standards. The standard adopted is the SSL (Secure Socket Layer).
The Company TEEZILY provides technical maintenance of the TEEZILY Service and conducts regular technical updates. Content updates are handled on an ongoing basis to reflect the progression of Campaigns and Product sales. However, the company TEEZILY cannot be held liable for any disruption of the TEEZILY Service linked to breakdowns or maintenance operations.
ARTICLE 17 – INSURANCE
The Company TEEZILY has professional liability insurance covering the activities associated with these Terms and Conditions.
ARTICLE 18 – COMMENTS ON THE SERVICE
Each Customer can provide his feedback on the TEEZILY Service relating to its Products and the Campaigns, through the TEEZILY Service, and shall take full responsibility for it. The Customer shall first ensure that their comments do not infringe any third party rights or public order and the applicable regulations, as well as ensuring that no legal proceedings may be brought against the Company TEEZILY in this regard.
The company TEEZILY reserves the right to any legal action, including criminal, against unfounded comments perpetrators harming the company.
ARTICLE 19 – INTELLECTUAL PROPERTY
The structure, technology, hierarchy, tools used for its conception, and the development and running of the TEEZILY Service, as well as all elements available on the TEEZILY Service (in particular logos, information, performance results, database etc...) are the exclusive property of the Company TEEZILY and are protected by intellectual property law and specifically author's rights, sui generis database rights and brand rights as well as knowledge protection.
Protected Designs are the property of the Designers.
The partial or complete reproduction of one or all of the TEEZILY Services, or including the Designs, in any format whatsoever, and for any reason, without the prior written agreement of the Company TEEZILY or the Designers relating to their Designs, is prohibited. If this is breached, the Customer in question is liable to civil and criminal prosecution by the Company TEEZILY and / or Designers.
Should the Customer and or Users become aware of any infringement of the Company TEEZILY’s and/or the Designer’s intellectual property rights, they shall inform the company TEEZILY immediately. They will also inform the Company TEEZILY should they receive complaints from third parties relating to Designs and will provide any details necessary to the Company TEEZILY and / or Creators, in order for them to mount their best informed defense.
In the case of a claim made resulting in a final court decision or transaction prohibiting the Customer to continue using the Product, the Company TEEZILY and the accused Creator will guarantee a full reimbursement of the purchase Price of the Product.
ARTICLE 20 – PROOF OF TRANSACTIONS
By clicking on the « Reserve it now » Icon, « Checkout », and « Confirm my order », as well as proceeding to corresponding payments, the Customer accepts that their actions represent a digital signature which has the same legal effectiveness between parties as a written signature.
The Customer accepts that Orders, Preorders, invoices and payment receipts are stored digitally in the computer system of the Company TEEZILY and its partners on a reliable, sustainable and secure system, and can be used as proof of a transaction. If the Customer need a proof of transaction such as invoice, he shall contact the company TEEZILY following the CONTACT TEEZILY procedure detailed below.
ARTICLE 21 – PRIVACY AND DATA PROTECTION
Personal identification data of Customers given to the Company TEEZILY in the course of a transaction are completely confidential and may in no case be transferred or made available to third parties except to ensure payment and delivery of the purchased Products.
The Company TEEZILY, as provider of the TEEZILY service, and having responsibility for data processing, is committed to respecting all applicable provisions of the French Data Protection Act (Loi Informatique et Libertés) date as of 6 January 1978, and require its service providers and partners to take all security measures to safeguard this confidentiality.
The Company TEEZILY has published a statement regarding the processing of Customers’ personal data before the CNIL (French Commission for Data Protection and Liberties) under number 1829191v0.
As part of the TEEZILY Service, the Company TEEZILY does not however collect any personal data except where necessary to process Preorders, Orders and the delivery of Products, for which it meets the applicable provisions of the French Data Protection Act.
The Company TEEZILY reiterates that it does not either provide or transfer any personal data to third parties, including Creators using the Teezily Service.
The Company TEEZILY specifies to Customers that all Customer information that could be used by the Customer on the TEEZILY Service will be hosted on servers located in the European Union in a space dedicated to the Company TEEZILY.
Users are invited to refer to the "Privacy Policy" statement which are fully applicable in the relations between the Company TEEZILY and Users.
ARTICLE 22 – GENERAL PROVISIONS
Should any of the provisions of the Terms and Conditions be declared invalid or irrelevant with regard to a law or regulation in force, and/or indeed a court decision that has the force of res judicata, it will be deemed procedurally barred and will not result in the other provisions of the present contract becoming null and void.
The decision of either party not to invoke any provision of these Terms and Conditions against the other party, shall not affect either party’s future right to invoke a provision.
The Parties agree that emails sent to enforce any provisions of the Terms and Conditions, especially relating to Orders and Preorders, shall only apply on the date and time when the Company TEEZILY receives said emails.
These Online Sales Terms are freely translated from their French version, in case of conflict or misunderstanding, only the French version shall prevail.
ARTICLE 23 – CONTACT
For all questions or claims relating to the current Terms and Conditions, Products, Orders, deliveries, Customers are invited to contact the Company TEEZILY using the following contact information:
TEEZILY Customer care:
16 Rue d’Artois 75008 Paris France
https://support.teezily.com/hc/fr/requests/new
Reporting and moderation of the website and Campaigns:
Cancellation of Orders or Preorders
ARTICLE 24 – APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
The current Terms and Conditions and related Contracts are subject to French law, to the exclusion of any foreign law (except any applicable provisions of public order) and any international convention.
In case of failure of amicable resolution, and only in these cases, only the French courts will have jurisdiction. Regarding any dispute between the Company TEEZILY and Professional Clients only the courts of Paris shall have jurisdiction.
