Article 1: Introduction
These Terms and Conditions of Sale (hereinafter the "TCS") apply to all purchases of digital product (hereinafter the "Products") between you (hereinafter "you") and Smiz on the website shop.smiz-events.com (hereinafter the "Website").
The Products offered for sale on the Website are the following:
By placing an order for one or more Products on the Website, you agree to comply with the TCS.
Unless proven otherwise, the data recorded by Smiz constitutes proof of all transactions between Smiz and you. The history of these transactions can be consulted at any time on the page "Order history" accessible from the Website.
Article 2: User
You acknowledge that you are an individual who has reached the age of majority in your country of habitual residence or, if you are a minor and the law of your country of habitual residence so requires, you have obtained permission from your legal representative (parent or guardian). You also acknowledge that you are legally able to enter into an agreement in accordance with the legislation, case law, and customs of your country of habitual residence.
Article 3: Availability, Price and Payment
3.1 Our Products are available while they are visible on the Website. They may be withdrawn or modified at any time.
3.2 The prices are indicated in Euros, all taxes included. They do not take into account possible exchange rates or bank charges which are at your expense.
3.3 Smiz can change its prices at any time without prior notice. In the case of an order made during a price change, the price displayed at the time of the order initiation remains in force.
3.4 You can purchase Products by one of the payment methods offered by Smiz. The available payment mathods depend on your country of residence. Smiz shall not be held liable if one of the means of payment usually available for the Product concerned is not available at the time of your order.
3.5 Some payment methods are managed by payment service providers for whom additional terms and costs may apply. Please review any such additional terms and costs before placing an order. You may also be required to create an account with such payment service providers (e.g. PayPal).
3.6 You acknowledge that all payments you make on the Websites or within the Games, for yourself or any person you represent, are made with the authorization of the holder of the payment method used. On top of of that, if you have not reached the age of majority in your country of habitual residence, you must obtain permission from your legal representative before making any payments on the Websites or within the Games, if applicable legislation, case law, or customs so require. Smiz is in no way liable for payments made fraudulently on it Website and reserves the right to bring appropriate legal proceedings against you in case of fraud.
Article 4: Commands
4.1 You have the choice to create an account or not when placing an order. A summary is presented to you before validation of the order.
4.2 Your order is accepted and a contract is formed once we have sent you a confirmation e-mail
4.3 Smiz reserves the right to refuse an order if any previous order has not yet been paid in full, or in the event of an unusually high number of orders.
Article 5: Refunds and Withdrawal
The Products cannot give rise to any reimbursement. On top of that, in accordance with applicable law, when you purchase digital Product, you expressly agree that the digital Product will be made available to you immediately. As a consequence, you expressly waive the right to exercise your right of withdrawal with regard to the purchase of digital Product.
Article 6: Personal Data
Article 7: Customer support
If you need to contact the customer support, please send your request to the email address firstname.lastname@example.org.
Article 8: General provisions
8.1 The TCS are subject to French law.
8.2 If any provision or term in this Contract is determined to be illegal, invalid, or unenforceable, said provision or term shall be deleted without affecting the application of the other provisions.
8.3 Smiz reserves the right to modify the content of the TCS at any time in order to keep them up to date with the Products offered. The date of the most recent update at the bottom of these TCS indicates whether there have been any recent changes. The applicable terms and conditions of sale for any dispute concerning an order are therefore those in force on the date the aforementioned order is placed. In all other cases, modifications to the TCS apply ipso jure from their date of publication on the Website.
8.4 All disputes arising from the purchase and sale transactions entered into under these TCS, concerning their validity, interpretation, execution, termination, consequences, and results, and which cannot be resolved between Smiz and you, shall be subject to the relevant courts under the terms of common law.
You are informed that, in the event of a dispute, you may resort to conventional mediation or any alternative form of dispute resolution.
For consumers in the European Union: The European Commission provides an online dispute resolution platform, available via the following link: http://ec.europa.eu/consumers/odr/.
Last updated: November 11, 2020