ABUSE
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PREAMBLE
The current General Terms and Conditions (herein referred to as GTC) apply to the production of Products offered for sale by the company TEEZILY SAS, a 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 materials, printed and offered in a specific quantity and for a predetermined length of time, as proposed by a Designer as part of a Campaign.
By creating a Designer Account in order to offer a Design and launching a Campaign through the Teezily Service, the User/ Designer declares that they are over 18 years of age, and fully accepts the current Terms of Use outlined herein. These terms govern the relationship between the company TEEZILY and the Designer(s) and more generally the User(s) as part of the creation, organization, launching of a Campaign and the production and selling of the Products to the Clients.
The company TEEZILY reserves the right to modify the ToU at any time subject to notification of the Users in advance. However, only the ToU in force at the time of the uploading of a Design or launching of a Campaign shall be applied. Users are advised to download or save the ToU in force at the time of their Design uploading or Campaign, by following this link.
ARTICLE 1 – DEFINITIONS
When capitalized, the word in singular or plural will have the following meaning:
Profits: Amount of money attributable to the Designers at the end of a Campaign Period, calculated according to the number of Products sold bearing the Design and their shipping destination, as a compensation for the sale of Design. The method of calculating this income may vary at the discretion of the Company TEEZILY.
Campaign: An activity, publicized or not, at the Designers discretion, on social networks, inviting to the underwriting or Order 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 Designers in the timeframe (between 24 hours and 20 working days), outlined for the Product and on the Teezily Service. If the Target is reached, the Products will be created and sold at the Price fixed by the Designers while launching their Campaigns. Failing this condition, the Campaign will end and the corresponding Products will not be created or sold, and the payments that would have occasionally been debited by the Company TEEZILY, will be reimbursed.
Client: Any person(s) having ordered a Product or Products, or underwritten a Product or Products.
Consumer: any physical person(s) acting for purposes which are outside the framework of his (their) trade, business, craft or profession.
Order(s): any action to purchase one or more Product(s) by a Client, also including the underwriting or Product(s) in cases where the Target is not yet reached.
Designer’s Account: Designers’ dedicated space on TEEZILY Service, protected by a password, including their registration data, and the following: proposed Designs, ancient and ongoing Campaign(s), ordered or underwritten Product(s), Profits due for each Campaigns, tools for measuring the traffic of the Campaigns, tools for generating promotional codes on Campaigns, managing their Stores and Team, and their Affiliate Program. This content is likely to evolve with the Teezily Service to offer new features.
Designer(s): Any User creating and offering a Design to be printed on a Product offered for sale on the TEEZILY Service as part of a Campaign initiated via his Designer Account.
Design(s): graphic creation(s) such as drawing(s), photo(s) achieved, or directly downloaded, by a Designer on the TEEZILY Service and intended for being printed on Product(s) available for sale as part of a Campaigns(s).
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 on the Product page, for the purpose of describing the Campaign fundraising goals. This content shall not, in any way engage the company TEEZILY, which makes its bests efforts to control, and moderate where applicable, the accuracy of the content.
Product Description: Description of all relevant information to inform the Client on the characteristics and the quality of each Product available on the Teezily Service, right under the Campaign Description, on the right of the Product picture (known as size, composition, color, Product type...).
Information: Information and personal data provided by the Designer(s) or relating to their Account, to their Orders or Comments, which can be used by the Company TEEZILY within the limits referred to in the current ToU.
Model(s): The design and form of each Product offered for sale in a Campaign, including but not limited to tank top, unisex T-shirt, hoodie, sweater. A list of which is laid down by the Designer, and is available to choose by the Clients while placing their Order on the Teezily Service.
Target: Number of minimum sales set by the Designers while launching their Campaigns in order for a Product to be offered for sale at the proposed Price. Products will only be manufactured and printed if the Target is reached before the end of the Campaign Period.
Campaign Period: Period set by Designers at the launching of their Campaign, between 24 (twenty four) hours and 20 (twenty) days, during which underwriting of Products, and Orders if the Target is reached, can be addressed to the Company TEEZILY.
Minimum Price: the Minimum Price for the selling of the Products, automatically set by the TEEZILY Service, advised to Designers while creating their Campaigns, depending on the number of colors displayed on the Creation, the Model, and Target chosen. Designers are free to keep this Minimum Price for their Campaigns, or freely set a higher Price in order to increase the Profit to be received.
Product: A Product; usually, but not restricted to textiles (such as t-shirts, hoodies 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 bottom right of the Product’s picture.
Price: Unit price, all tax included, at which the Product will be sold to the Client on the TEEZILY Service; it will vary depending on different criteria and particularly Model, color and size chosen. The Price does not include the delivery costs.
Preordered or Ordered Product(s): Product chosen by the Client 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 at the Client’s request, in the Size and Design of their choice only.
Quantity Sold: number of Products with the Designer’s Design, sold, printed and effectively delivered to Clients at the end of the Campaign Period.
TEEZILY Service: E-Commerce Services provided in French, English or any other languages available, accessible either via Internet or mobile app, allowing the Client to select and order one or multiple Products.
TEEZILY Site: Website accessible at the following address www.teezily.com.
Store: A particular page available on the TEEZILY Site, created and managed freely by Designers, allowing to gather several Campaigns, organized as desired, by subject or not. The Designers writes and control all content herein, subject to any moderation or control by the Company Teezily where applicable.
Team: Group of third parties to which Designers can open up access to their Designer Account for a specific purpose, namely, launching campaigns, new or old; account manager or have the equal powers to the Designers.
Size: Size chosen by the Client for each Product ordered within a framework (Size guide) offered on the TEEZILY Service. The Products are made exclusively in the Size(s) ordered by the Client, since the Company TEEZILY does not hold any stock of Products.
TeeziLab: service accessible on the Teezily Site, offering Designers various tools in order to achieve a custom Design for a Product that will be launched in a Campaign at their initiative
User: any person browsing the TEEZILY Site, aspiring to create a Campaign and/or purchase Products. This definition shall also include the Designers and Clients.
ARTICLE 2 - ACCESS RULES 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 (including Firefox, Chrome, Safari, and Chromium).
The User will have free access to the TEEZILY Site and Service subject to the present Terms of Use and Online Sales Terms where applicable.
If they wish to create a Design and launch a Campaign on the TEEZILY Service, Users must be of legal age of their country of residency, and have previously fully read and accepted unreservedly theses ToU while creating their Designer Account.
ARTICLE 3 - CREATING A DESIGNER ACCOUNT
To achieve, provide a Design and launching a Campaign, Users must first create their account by filling out all of the required sections on the Service TEEZILY, as follow:
name
surname
email address
password
Users must be of legal age of their country of residency, in order to create a Designer Account, use the TeeziLab tool and launch a Campaign.
Users during the creation of their Designer Account, agree to provide all accurate and complete information and to update them immediately in case of any change. The creation of their Designer Account will be effective once the confirmation email is received by Users at the previously given email address.
Users agree to keep confidential their user name and password and therefore not to disclose it to third parties, outside the cases detailed in the "TEAM" section below, otherwise, they would be responsible for all use of any kind made by a third party with their account.
Each User who wants to achieve, or propose a Design by launching a Campaign therefore has a personal space, their Designer Account on the TEEZILY Service, referencing all relevant Information, namely the elements of their Designer Account, their Designs, Campaign(s) completed and still running, Product(s) ordered, perceived Profits, and estimations of future Profits.
Via their Designer Account, Designers also have the ability to request for the payment of Profits, managing their Stores, their Affiliate Program, and generate promotional codes for discounts applicable to the Products sold during their Campaigns, manage their Team, and finally, several tools to monitor the audience of their Campaign(s).
ARTICLE 4 - TEEZILAB AND LAUNCHING OF A CAMPAIGN
For each Campaign they wish to launch, Designers must first:
Choose one (or more) Model(s) and color for the Products;
Creating their Design using the TeeziLab tool for creating an image or a visual identity with multiple functions offered, or directly download a content;
Choose their Target;
Choose currency applicable to the sale of the Products;
Select a Campaign Period between 24 hours and 20 days;
Set the Product Price applicable for the Clients;
Complete adequately the Campaign Description (The Company TEEZILY reserves the right to monitor content and compliance of Campaign Description with applicable regulations);
Set a custom URL they wish to assign to their Campaign.
Designers are also offered the choice to:
Conduct an advertising campaign on all means and media of their choice, including by email and on social media, on which they will rent ad space, exclusively at their own expense;
Create one or more Store in order to gather all their Campaigns by subject or as desired.
Generate a unique promotional code, and freely set the terms of its validity and amount of the reduction, enabling Clients of their choice to benefit of the reduction during their Campaigns on Products ordered;
Enabling third parties of their choice to benefit from the Affiliate Program, in order to sponsor new Designers, under the conditions detailed herein.
ARTICLE 5 – CAMPAIGNS FOLLOW UP
Designers can accurately follow up almost in real time the evolution of their Campaign and sales of Products in their Designer Account dedicated area, accessible via the TEEZILY Site thanks to powerful tools. The data is updated every 10 minutes, allowing Designers to also monitor the Profit to be earned and Quantity Sold.
However, these data are provided for information only, and shall not bind the Company TEEZILY as the Campaign Period has not ended and the Clients accounts not actually been debited from the corresponding amounts and Products not yet printed and shipped.
This data is in fact likely to vary, and, particularly in cases where some Orders shall be canceled by Clients exercising their right of withdrawal before the end of the Campaign Period.
Moreover, these data can be affected by the removal of a Campaign for the reasons detailed in the "MODERATION" section. In these cases, the TEEZILY Company draws the attention of Designers, to the fact that it reserves the right to cancel at discretion all Client Orders, even after the end of the Campaign Period, if the Campaign fails to meet the required conditions detailed herein.
ARTICLE 6 - MANUFACTURING AND DELIVERY OF PRODUCTS
When the Target of the Campaign is reached, and once the Campaign Period has ended, and bank collections from the Clients accounts has been made, the Company TEEZILY will forward to their printing partners the detail of each Orders in order to launch the manufacture and printing of the Products.
Once the Products are printed by the Company TEEZILY’s partners, they will also ensure the delivery of the Products to the Clients.
Designers expressly recognizes that due to the modification of the substrate, variations in sizes and colors of the Products, and the different qualities of prints used by TEEZILY’s printing partners, differences, including of color and contrast, may appear on the Products or the Designs from what is presented on the TEEZILY Service. The Designers hereby recognizes that the Company TEEZILY responsibility may in no case be engaged on this basis.
ARTICLE 7 – INTELLECTUAL PROPERTY AND LICENSING
7.1 Teezily Service, TeeziLab, and Teezily Site
The structure, technology, the configuration of the filesystem, the tools used for the design, development and operation of the TEEZILY Service, as well as all the elements presented on the TEEZILY Service (including logos, photographs, database, TeeziLab etc...) are the exclusive property of the Company TEEZILY, and are protected under the laws of intellectual property including copyright, sui generis right for databases and trademark law as well that the protection of know-how.
The total or partial reproduction of the TEEZILY Service, the TeeziLab, TEEZILY Site, or any of their elements, on any medium and for any purpose whatsoever without the prior written consent of the Company TEEZILY is strictly prohibited. Otherwise, concerned Users shall be liable to civil and criminal prosecution by the TEEZILY Company.
7.2 Designs
As necessary, the Designers give to the Company TEEZILY, with the option for the latter to sell or transfer these rights to a third party, the rights of fixation, reproduction, adaptation and representation of the Designs for the purposes of the Campaigns, including manufacturing, promotion and marketing of the concerned Products.
Those rights are transferred to the Company TEEZILY for the whole Campaign Period and for the necessary territory concerned by the Campaign relative to the Design. The transfer duration of those rights will be extended beyond the Campaign Period until the Design remains accessible on the TEEZILY Site, regardless of whether the Campaign is longer running or not.
In the event that the Designers would end a license for any reason whatsoever, in advance, or after the Campaign Period, they must first notify the Company TEEZILY of their decision, exclusively by email at the following address: [email protected] so that the arrangements can be made for the removal of the concerned Design(s) from the TEEZILY Site.
Designers expressly recognizes that the downloading of their Designs and their digital displays on the Teezily Site, may, where appropriate, impair the quality of their Designs and that the Company TEEZILY cannot be held responsible for this.
ARTICLE 8 – CAMPAIGN DESCRIPTION AND RELATED ADVERTISING
8.1 Campaign Description
Designers while creating a Campaign, can freely, as far as legally permitted, give all the information they wish about the Campaign to explain to potential Clients the purposes and goals of the Campaign and/or of the expected Profit.
The Designer guarantees the Company TEEZILY that their Campaign Description respects any applicable laws and regulations and does not contain any infringing content affecting any rights of third parties and does not constitutes infringement of any other pre-existing work or creation, whatever the type of protection (copyright, designs, trademarks etc...).
The Company TEEZILY reserves the right to remove and/or modify all or part of the description of the Campaign if it would contravene applicable laws or regulations, or in case of any necessity, after prior notification, under the conditions detailed in the "MODERATION" section, which the Designers expressly agree.
Designers guarantee the Company TEEZILY and/or any third party acting on its behalf against all troubles, claims, and any evictions because of the content filled by them within the description of their Campaigns whatsoever. Designers shall indemnify the Company TEEZILY and/or any third party to which the Company TEEZILY would grant any rights, for any damage and expenses caused by non-compliance with their obligations and commitments recalled here.
8.2 Campaigns related advertising
Designers are free to promote and advertise or not, their Campaigns by purchasing advertising/media space or communicate by email or any other means of their choice, exclusively at their own costs. In no event the Company TEEZILY will fund advertising campaigns conducted for the Designers, the latter being the only ones to have the full control upon it.
Designers such guarantee the Company TEEZILY on the content of these advertisements, and their compliance with all applicable laws and regulations. These advertisements should not affect or compromise the applicable regulations, as to the rights of third parties, those of the Company TEEZILY included. And are especially concerned, the regulations applicable to advertising, consumer law, and the respect of third parties intellectual property rights.
And especially, Designers undertake not to create ads or social networking pages bearing the Company TEEZILY name, even associated with any other names/words, likely to create confusion in the mind of the average consumer, by suggesting that these pages’ content is generated directly by the Company TEEZILY or any of its employees. Otherwise, Designers are informed that they shall be liable vis-à-vis third parties and the Company TEEZILY, and especially for counterfeiting the Company TEEZILY trademarks rights.
Designers guarantee the Company TEEZILY and/or any third party acting on its behalf against all troubles, claims, and any evictions because of these advertisements for Campaigns regardless of the medium used. Designers expressly agree to hold harmless and indemnify the Company TEEZILY and/or any third party to which the Company TEEZILY would have granted rights, for any damage and expenses caused by non-compliance with their obligations and commitments hereby recalled.
Designers are informed that in case of removal of a Campaign for whatever reason detailed in the MODERATION section below, and particularly for infringement of third party rights, any related advertisements shall immediately be removed, as soon as possible after first notification by the TEEZILY Company. Otherwise, Designers are informed that their liability may be incurred towards third parties and the Company TEEZILY where applicable.
ARTICLE 9 - MODERATION AND REMOVAL OF NONCONFORMING CONTENTS
Designers expressly recognizes that in case of publication on the TEEZILY Site of any content which infringes third parties rights, or does not complies with the applicable laws and regulations, the Company TEEZILY, as a host company, reserves the right to delete this content without delay or prior notification, spontaneously or after it has been advised by a third party.
This shall apply to any content posted on the TEEZILY Site by Designers, including but not limited to Campaign Descriptions, Stores, and Designs, subject to daily monitoring by employees dedicated to the moderation of the TEEZILY Site.
9.1 Third parties rights infringements and contents reports
In cases where the Company TEEZILY would be informed by copyright owners that a Campaign or a Design infringes their rights, Designers will be promptly informed, and when uncertainty exists, must promptly produce proof that they hold any authorization for the reproduction of the disputed content. If no satisfactory response is given by the Designer within 24 hours, the Company TEEZILY may freely take the decision to close prematurely the concerned Campaign by removing access to the appropriate URL, canceling any Orders or Preorders, and therefore not repay any Profits to Designers for the concerned Campaign.
9.2 Campaigns and content moderation
In case of an early termination of Campaigns by spontaneous decision of the Company TEEZILY moderation team, or after a third party reporting, Designers expressly undertake not to relaunch the concerned Campaign and to ensure, where appropriate, that the automatic relaunch option is no longer activated, otherwise, Designers are informed that their liability may be incurred towards third parties and the Company TEEZILY.
The Company TEEZILY makes its best effort to perform this moderation and deletion process as soon as reasonably possible, and to inform promptly Designers of the decision. But in no event the Company TEEZILY shall be held liable for the losses incurred by this deletion, even where Designers already bought advertising space for the concerned Campaign, since it’s the Designers responsibility to submit their design for previous validation in case of doubt at the following address: [email protected].
ARTICLE 10 - MUTUAL GUARANTEES
The Company TEEZILY warrants that the printing and marketing of the Products is carried out according to the practices and respects the laws and regulations applicable in France.
Designers guarantee the Company TEEZILY that their Designs as the Campaign Description and every content displayed in their Stores pages, comply with existing and applicable regulations, are not contrary to public order, are neither offensive nor defamatory and shall not prejudice any third party rights, and in particular, that they are not counterfeit or of any other pre-existing work creation whatsoever and irrespective of their way of protection (patents, designs and models, trademarks, author rights etc.).
In this respect, Designers state that they made an original art work, or acquired any rights and/or third party approvals for the reproduction and dissemination of the Designs as part of the Campaign on the TEEZILY Site, and for the marketing and printing on the Products.
Designers guarantee the Company TEEZILY and/or any third party acting on its behalf, the peaceful enjoyment of the rights granted on their Designs, against all troubles, claims, and any evictions. They will compensate the Company TEEZILY and/or any third party to which the Company TEEZILY would grant rights for any damages and expenses caused by non-compliance with its obligations and commitments.
Designers must promptly inform the Company TEEZILY of any infringement of intellectual property rights on their Designs which may come to light. They will also inform the Company TEEZILY assuming they would receive claims coming from third parties due to their Designs, and shall provide any useful precisions to the Company TEEZILY to ensure that it interests will be fully defended in the best possible conditions.
In case of litigation resulting in a final court decision or transaction prohibiting the Company TEEZILY to continue to sell the Design on the TEEZILY Site or the Client to continue to use a purchased Product, the Designer sentenced or involved in the litigious Design, guarantee the Client and/or the Company TEEZILY, and bear the full refund of the price paid by the Client to purchase the Product, and the payment of all damages that a court would give to the complainant due to the selling of the Design.
ARTICLE 11 - PROFITS AND FINANCIAL CONDITIONS
Designers will be paid the Profit attributable to them, corresponding to a percentage of the Price charged to the Clients, if the sale price fixed by Designers is greater than the Minimum Price announced by the TEEZILY Service. The Profit is the financial contribution for the service of Design and Marketing provided by Designers.
The Profit is calculated on the basis of the Price charged to the Clients all tax included, as freely fixed by the Designer, and varies according to the destination of shipment of the Products (European or international). An estimation of this Profit per article is proposed to Designers while launching their Campaign via the TeeziLab tool. The final amount of this Profit shall be obtained by multiplying the Quantity Sold with the estimated Profit per article announced.
The Company TEEZILY reserves the right to modify at any time and at its discretion, the method of calculating the Profit attributable to Designers. However, the calculation method will still be the one in force on the date of creation of the Campaign for the duration thereof, except where Designers would relaunch their Campaign. In this case, the new method of calculation will be automatically applied.
By the end of each Campaign Period, and when it has finally received all payments from the Clients, the Company TEEZILY will be able to transfer the concerned Profit to the Designers on request only, this transfer is not automatic. This request must be made through the Designer Account on the TEEZILY Site, selecting the appropriate Campaign and by clicking on the tab "Payments / Payouts”. Such request can be made just by the end of the Campaign Period concerned.
The following information should be provided by the Designer to enable TEEZILY to make the payment:First name
Last name
Address
Business address for company
Additional address
Postal code
Town
Country
VAT number (if applicable)
Company registration number to the Companies register
The amounts for the Profits will be paid in the currency of their choice, in accordance with the procedures set on their Designer Account.
The choice is available between:
US dollar $
Pound £
Euro €
The payment of Profit will be made at the discretion of the Designer by the following means:
Transfer to a bank account;
Transfer to a PayPal account;
Transfer to a PingPong account;
The Company TEEZILY however draws the attention of Designers, to the fact that when they choose to indicate in the description of the Campaign that the funds collected, are intended for a particular cause or association, the Company TEEZILY will proceed automatically and directly to the payment of the Profit to the account of the indicated association.
In no event the Profit collected for a cause or association shall transit trough Designers account, in order to guarantee the Clients that the cause to which they wished to give their full support is well respected.
If Designers seeking proof of the source of the Profit in their account, or in case of problems or special requests on this subject, the TEEZILY Company may be contacted exclusively by email at the following address: .
Regarding any taxes due by the Designers (direct or indirect) and related to sums paid by TEEZILY, the Designer is solely responsible. TEEZILY cannot be held liable for the payment of output VAT or any other taxes due by the Designer. If the transaction between TEEZILY and the Designer is subject to withholding tax, the Designer will have to manage the corresponding tax credit. Furthermore, TEEZILY draw attention to the fact that it could results from incomes generated by this activities, tax reporting obligations for the Designer. Designers should contact local tax authorities to enquire about tax obligations. TEEZILY cannot be implicated in this process and could not be held responsible for it.ARTICLE 12 - AFFILIATE PROGRAM
Designers has the ability, through their Designer Account, to sponsor new Designers on the TEEZILY Service to earn a referral fee on each Product sold by the sponsored Designer. Sponsored Designers shall also benefit from an additional commission for each Product sold.
The Company TEEZILY draws the attention of Designers on the fact that this Affiliate Program is exclusively reserved for new Designers Affiliation. An anti-fraud system has been set up, and in the case of fraud reported by the system, the Company TEEZILY reserves the right to remove the payment of the relevant fees as to remove access to the Designer Account after previous notice.
Once a new Designer is sponsored, this referral fee system remains applicable as long as the Designers have their Designer Account active on the TEEZILY Site.
However, the Affiliate Program is limited to a maximum monthly amount of referral fees earned. This limit may vary at discretion of the Company TEEZILY, and all information needed and the precise modalities of this program can be found in the dedicated space of Designers Accounts.
ARTICLE 13 – TEAM SYSTEM
The Designer has the ability to allow access to his Designer Account to third parties to manage their Campaigns. They can assign multiple statutes to chosen third parties, and specifically:
"Launcher": allows Designers to enable third parties the right to launch or relaunch on the Designers behalf any Campaigns, and as much as desired.
"Manager": This quality allow the Designers to enable third parties to manage several functionalities
"Admin": this allows the third party the full and complete management of the Designer Account, including the Profits management and payment requests.
It’s the Designers responsibility to ensure that every third party to which they wish to give such access and responsibility does fully read and understand the present ToU as for the Online Sales Terms where applicable. Each third party is deemed to have fully accepted the ToU and the Online Sales Terms while performing their first operation on the Designer Account.
The Company TEEZILY draws the attention of Designers on the fact that all the operations performed by this third parties chosen by them on their own Designer Account, shall be regarded as they were made by the Designers directly, and this does not discharge Designers from their responsibility towards the Company TEEZILY or any other third parties, to the extent that these actions are carried out in their name and on their own account.
ARTICLE 14 – LIABILITY
The Company TEEZILY takes great care in the exercise of its activity. The Designer wishing to entail liability of the Company TEEZILY in any capacity whatsoever is previously invited to contact the Company TEEZILY to try to find an amicable solution before any legal action. Legal action shall only be instituted in case of failure of the previous amicable resolution.
ARTICLE 15 - MAJOR FORCE
The Company TEEZILY cannot be held responsible in cases of force majeure as admitted by the courts, including:
Events such as strikes, closing workshops, fire, machinery breakdown, manufacturing or delay incidents in the supply of raw materials, blocking or delay of transport, shall be included in the requirement for force majeure, even if they are only partial, and whatever the cause may be.
In case of absence or delay in delivery due to force majeure continuing for an equal or longer than 3 (three) months, Preorders and Orders can be canceled at the express request of Clients who request it, the Company TEEZILY pledging to repay the full amount of their Order within 14 (fourteen) days of receipt of their application for cancellation. Such cancellation may impact also the Designers’ Profit in certain cases.
ARTICLE 16 – SECURITY
The Company TEEZILY establishes a process for securing access to the TEEZILY Service which complies with the standards of the profession. The adopted standard is the SSL (Secure Socket Layer).
The Company TEEZILY provides technical maintenance to the TEEZILY Service and conducts regular technical updates. Content updates are processed as it is, to reflect the evolution of Campaigns and the Sales of Products. However, the responsibility of the TEEZILY Company shall not be held liable for any disruption of the TEEZILY Service linked to breakdowns or maintenance operations.
Designers are responsible for making a backup of their files prior or after the transmission over the TEEZILY Service. Responsibility of the Company TEEZILY shall in no event be sought in case of loss or damage of transmitted data files.
ARTICLE 17 – INSURANCE
The Company TEEZILY declares benefit from a professional liability insurance for its activities subject to these present Terms of Use.
ARTICLE 18 - DATA PROTECTION
All Designers’ Personal data brought to the knowledge of the Company TEEZILY is completely confidential and may in no case be transferred or made available to third parties except as regards the necessities for payment of amounts of Profit due to Designers or in cases provided for by law and especially during legal proceedings.
The Company TEEZILY as provider of the TEEZILY Service and in its capacity of data processing manager, is committed to comply with the French Data Protection Act (Law No. 78-17 of 6 January 1978) and require from its contractors and partners to take all security measures to maintain the same confidentiality.
The Company TEEZILY made a declaration of processing of personal data before the National Commission for Data Protection and Liberties (CNIL) under the number 1829191v0.
Within the Service TEEZILY, the Company TEEZILY however does not make any collection of personal data except those relating to the Designers Accounts and which are required for the treatment of the Designs and Campaigns, for which it meets the applicable provisions of the French Data Protection Act (Law No. 78-17 of 6 January 1978).
The Company TEEZILY reiterates that it does not provides or transfer to third parties (with the exception of the aforementioned providers), any personal data of the Designers in the TEEZILY Service.
The company TEEZILY draw the attention of the Designers to the fact that all information that concerns the Designers and could be used by the Company TEEZILY on the TEEZILY Service is hosted on servers located in the European Union in a space dedicated for the TEEZILY Company.
Designers are invited to refer to the "Privacy Policy" statement which are fully applicable in the relations between the Company TEEZILY and Designers.
By launching a Campaign, the Creator acknowledges having fully read and understood the Privacy Policy and accepted them as an integral part of these Terms of Use.
ARTICLE 19 – CONTACT TEEZILY
For any questions and/or complaints about these Conditions of Creation, or others Designers are invited to contact the Company TEEZILY:
TEEZILY SAS
16 Rue d’Artois 75008 Paris
(From 9.30am to 6.30pm Monday to Thursday and until 5.30pm on Friday)
ARTICLE 20 - APPLICABLE LAW AND JURISDICTION
These Terms of Use are exclusively governed by French law. In case of dispute, the French courts will have exclusive jurisdiction.
ARTICLE 21 – GENERAL PROVISIONS
These Terms of Use are freely translated from their French version, in case of conflict or misunderstanding, only the French version shall prevail.
