GENERAL TERMS OF USE

ARTICLE 1. GENERAL PROVISIONS

The website available at the following address: www.myzah.com (hereinafter the "Website") is the property of MYZAH, a simplified joint stock company, with a share capital of 20.000 euros, registered at the R.C.S of PARIS under the number 898 592 803, whose head office is located at 25 rue de Ponthieu - 75008 PARIS, France (hereinafter referred to as "MYZAH"), which offers a platform for buying and selling clothes, accessories and more generally new and/or second-hand fashion products, of the marketplace type, for individuals.

The identity of the publication director and the host is shown in the legal notice accessible on the Website, in the "Legal notice" tab.

For any request concerning the use of the Website and/or the services offered by MYZAH, MYZAH encourages the User to send an e-mail to the following address : contact@myzah.com

ARTICLE 2. DEFINITIONS

In addition to the terms defined elsewhere in these terms and conditions of use, the terms and expressions listed below, the first letter of which is capitalized, shall have the meanings set out below. These terms will have the same meaning in the singular and plural.
• “General Terms of Use" or "GTU": means the present general terms of use of the Services applicable to Users;
• “Order": means the purchase of one or more Products by a Buyer User from a Seller User on the Website;
• “Account": refers to the User's personal environment on the Website to which he/she has access via the provision of a unique identification element and a password allowing access to the Services;
• “Product Sheet(s)": refers to the page presenting the commercial offer related to a Product. The Product Sheet is generally composed of one or more photographs of the Product, the price, the characteristics of the Product and all the legally required information;
• “Product(s)": means the goods sold by MYZAH and/or its Seller Partners and/or by the Seller Users and which are purchased by the Buyer Users, namely new or second-hand clothes, shoes, fashion, decoration, and/or lifestyle accessories;
• “Seller(s) Partner(s) ": means the companies and brands contractually linked to MYZAH, whose Products are sold on the Website and whose list is available on the Website at any time; • "Services": refers to the means and functionalities available to the Users on the Website in order to allow the Users to (i) make purchases on the Website (ii) follow targeted contents according to their interests or similar searches made on the Website (iii) proceed to the sale of Products via a deposit system (iv) as well as to consult the follow-up of deliveries, deposits and invoicing;
• "User(s)": refers to any natural or legal person who browses the Website, notwithstanding the creation of an Account, and who accesses and uses the Services. The term "User" when used in the GCU commonly includes the Buyer User and the Seller User;
• "User(s) Buyer(s)": means any natural or legal person who uses the Services to purchase Products;
• "Seller User(s)": means any natural or legal person who uses the Services to sell Products on the Website; Seller Users may be professionals or non-professionals;
• "Non-Professional Seller User(s)": means the Non-Professional Seller User as defined by the Consumer Code, who uses the Services to sell Products through MYZAH via a deposit system;
• "Professional Seller User(s)": means the Seller User who is a professional as defined by the French Consumer Code and who uses the Services to sell Products on the Website.

ARTICLE 3. PURPOSE AND ENFORCEABILITY OF THE GCC

The purpose of the GCU is to define the terms and conditions for providing the Website and the Services to Users.
Any connection to the Website is subject to compliance with the GCU, which can be accessed at any time by a direct link on the Website. Any access to or use of the Website and/or the Services implies the concomitant and unreserved acceptance of the GCU.
The GCU are systematically provided to the Users to enable them to access and use the Services. They apply exclusively to all uses of the Services and prevail over all other terms and conditions, except those expressly accepted by MYZAH. Accordingly, any other terms and conditions are binding on MYZAH only after written confirmation by MYZAH.
IMPORTANT: NOTE TO USERS
ANY USE OF THE SERVICES IMPLIES THE USER'S EXPRESS, PRIOR, FULL AND COMPLETE ACCEPTANCE OF THE GCUS. BY CHECKING THE BOX: "I accept the general terms and conditions of use of the services" AND ACCEPTING THEM WHEN ACTIVATING THE SERVICES, THE USER ACCEPTS THAT HE IS BOUND BY THE WHOLE TOS.
MYZAH encourages Users to read them carefully before using the Website and recommends that Users keep a printed version of the TOS applicable at the time of using the Services for their personal records.

ARTICLE 4. ACCESS TO THE WEBSITE

In order to use the Services, it is necessary that Users :
- have a computer, a smartphone and/or a tablet, connected to an Internet network;
- access the Website;
- have an internet connection;
- create an Account in accordance with the terms and conditions set out in Article 5 hereof.
Users warrant that they have full legal capacity to register and use the Services and in particular :
- to be over the age of legal majority;
- not to be a competitor of MYZAH and/or not to register and use the Services in order to compete with MYZAH in a fraudulent manner and/or in a way that harms the interests of MYZAH;
- be the holder of the credit card used to make purchases; and
- to be in full possession of their intellectual or cognitive means (and in particular not to be in a state of dependence, under guardianship and/or under curatorship...).
MYZAH shall not be liable for the registration and use of the Services by persons who do not meet the requirements of this section.

ARTICLE 5. CREATING AN ACCOUNT

5.1. Creating a User Account
To benefit from the Services, the User is invited to create a personal Account.
The User wishing to access the Services is invited to use the login and password that he/she will determine when registering on the Website to connect to his/her Account on the Website.
The User's data communicated to MYZAH can be accessed by the User at any time from his Account by clicking on the home page of the Account and then on the tab "My Information".
Only the User has access to his Account.
At any time, the User can decide to close his Account according to the terms of article 9 of these GTU.
5.2. Information provided
MYZAH reserves the right to check the conformity of the information and documents submitted to allow access to the Services.
Each User guarantees that the data and documents provided are sincere, accurate and true to reality and are not misleading. The User undertakes to provide a valid e-mail address and telephone number and ensures that he/she is the sole owner of these. The User undertakes to provide true, accurate, up-to-date and complete information on his/her identity and on the identity of the company he/she represents, in accordance with Article 6-II of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (the so-called "LCEN" law).
The User also undertakes not to transmit information that could infringe the rights of third parties (in particular the use of a surname, pseudonym, trademark registered by a third party, or works protected by intellectual property law) and/or morality.
It is the User's responsibility to communicate any change in his/her personal information.
In the event that the User provides false, inaccurate, outdated, incomplete, misleading or deceptive information, MYZAH reserves the right to deny access to the Website and/or Services to Users who do not comply with the above conditions. Furthermore, MYZAH shall not be liable for any non-performance and/or partial performance of the Services due to the provision of such information.
5.3. Account Safety
The Account is protected by identification elements, an identifier (email address) and a password.
The User can access his Account at any time after having identified himself using his login and password via the "Log in" box.
If a User has lost or forgotten their password, they have a function on the Website allowing them to reset it by clicking on the "Forgotten password" tab.
The User's password is personal and confidential. The User undertakes to ensure the confidentiality of his/her password. The User is solely responsible for all connections made using his/her login and password.
In case of suspected fraudulent use of the User's Account, the User must notify MYZAH as soon as possible at the following address : contact@myzah.com so that MYZAH can take all appropriate measures to remedy the situation.
MYZAH shall not be liable for any usurpation and/or fraudulent use of an Account in case of unauthorized, fraudulent or abusive use or due to a voluntary or involuntary disclosure by the User to a third party of his identification elements. The User remains solely responsible for the use that could be made of his Account by a third party who would have accessed the Services with his identification elements.
It is specified that in case of violation of the GTC by the User, MYZAH may freely refuse to open an Account to the User concerned.

ARTICLE 6. CONTENT CREATION

6.1. Content creation by the User
All the elements created or posted by the Users on the Website, such as the Product Sheets, the profiles and/or the comments, constitute the User's content (hereinafter the "Content").
The User expressly authorizes MYZAH, and all its beneficiaries, by putting the Product Sheet and/or his profile online:
- to fix, save, reproduce, distribute and exploit all Content, worldwide, and for the duration of the protection of these elements, in all formats, by all means and on all media, in particular on the Website and on commercial documents; and/or - to modify the photos of the Products in their presentation, such as resizing and cropping the photos as well as "clipping" the Products, i.e. removing the second plane of the photo so that the Product appears on a white background.
MYZAH respects the intellectual property rights of others and prohibits Users of the Website from distributing, uploading, posting or otherwise transmitting any material that infringes the intellectual property rights of any third party.
In addition, Users acknowledge and agree that MYZAH has no control over, and is not responsible for, the accuracy or completeness of any Content and has no obligation to monitor the ownership of any such Content posted or uploaded to the Website. MYZAH acts as a host and is not responsible for any data or information uploaded by Users, including any content posted or uploaded to a Product Listing.
6.2. Image rights
When creating an Account or a Product Sheet, the User may post photographs representing him. By accepting the GTC, the User expressly authorizes MYZAH to use his image in the operation of the Website.
This authorization is granted for the whole period during which the User has an Account on the Website. The User may withdraw his authorization to use his image by contacting MYZAH by e-mail at the following address : contact@myzah.com.
The User guarantees that the photographs used in the creation of Product Sheets or Accounts do not infringe on the image rights or privacy of third parties.
6.3. Illegal or infringing content
If a User believes that any Content and/or Product Datasheet contains a defamatory or illegal message, or that the User's intellectual property rights have been infringed by any article or information on the Website, the User must notify MYZAH by e-mail at the following address : contact@myzah.com.
MYZAH undertakes to respond promptly to claims of infringement of intellectual property rights and to follow up on notifications.

ARTICLE 7. DESCRIPTION OF SERVICES

7.1. Buyer User Services
MYZAH allows Buyer Users to purchase Products on the Website.
The main Service offered by MYZAH consists in offering to any Buyer User the possibility to consult the Products listed on the Website in order to buy them from the Seller Users.
The User-Buyer who has an Account has the possibility to place an Order for a Product offered by a User-Seller via the Website.
Any Product Order shall be governed by the General Terms and Conditions of Sale available on the Website.
The Buyer User who has created an Account has access to additional services, in particular
- tracking of orders in progress ;
- access to the history of past Orders; and
- access to invoices relating to Orders; and
- tracking of deliveries, returns and/or refunds of Orders.
The User Buyer also has the possibility to post comments on Products listed on the Website.
7.2. Professional Vendor User Services
MYZAH allows the Professional Seller Users to sell Products directly on the Website.
The Professional Seller User is invited to fill in the Product Sheet with the characteristics of the Product he wants to sell. The Professional Seller User also has the possibility to fill in a form describing his profile.
7.3. Services for Non-Professional Vendor Users
MYZAH allows Non-Professional Selling Users to sell Products on the Website through MYZAH via a deposit system, these Products being identified as sold by MYZAH on the Website.
The Non-Professional Seller User is invited to provide MYZAH with the information about the Product he wishes to sell. MYZAH is responsible for putting the Product Sheet of the Selling User online.
The Non-Professional User-Seller can also fill in a form describing his profile.

ARTICLE 8. DURATION OF ACCESS TO THE WEBSITE AND/OR SERVICES AND INTERRUPTION OF THE WEBSITE AND/OR SERVICES

8.1. MYZAH uses all reasonable efforts to provide quality access to the Website and Services. The Services are accessible via the Website seven (7) days a week and twenty-four (24) hours a day.
However, due to the nature of the Internet, MYZAH does not guarantee that the Website and/or Services will be available seven (7) days a week and twenty-four (24) hours a day.
MYZAH shall not be liable for any damage or loss of data due to network failure or any other reason beyond its control and, in general, for any damage or failure.
8.2. MYZAH reserves the right to interrupt the operation of the Website and/or all or part of the Services at any time, with or without notice, in particular in order to ensure corrective and evolutionary maintenance of the latter, or to change its content or presentation. Where possible, MYZAH will notify Users prior to any corrective or upgrading maintenance.
Furthermore, Users acknowledge that the Website and/or Services may be interrupted for reasons beyond MYZAH's control and that MYZAH cannot guarantee continuous access to the Website and Services.
In any event, MYZAH shall not be liable for any interruption and/or malfunction of the Website or Services, regardless of the cause.
Users are invited to inform MYZAH of any technical problem they encounter while browsing and/or using the Website and/or the Services, by writing to the following address : contact@myzah.com and describing the problem encountered.
Finally, MYZAH reserves the right to change the Website and/or the Services, especially for technical or commercial reasons. When these modifications do not alter the conditions of the provision of the Services, in a substantial and/or negative way, the Users may be informed of the modifications, but their acceptance is not requested.

ARTICLE 9. SUSPENSION AND CLOSURE OF ACCOUNTS

9.1. Account suspension and closure
The Account remains active as long as the User uses the Services and does not deactivate it.
However, if a User's Account is completely inactive for three (3) consecutive years, it will be archived by MYZAH and will no longer be available on the Website, subject to legal or regulatory provisions.
The User has the possibility to deactivate, without any reason, at any time his Account and/or to delete it.
To do so, the User must click on the tab "Delete my Account" accessible from his Account.
The deletion of an Account is final. As the Account is irreversibly deleted, the personal data linked to it is automatically deleted and can no longer be recovered.
The deletion of an Account does not prevent Users from re-registering and creating a new Account.
9.2. Suspension and closure of the Account in case of default
In the event of a User's breach of the TOS, MYZAH reserves the right to suspend or terminate the User's Account and access to the Services without notice or compensation and will inform the User by e-mail.
It is expressly agreed that in case of suspension or closure of the Account, the User will no longer have access to the Services, unless he/she creates a new Account. The User may still continue to make online purchases while not connected to the Services.
When MYZAH revokes the suspension or termination of the Account, it shall reinstate the User without undue delay, including restoring access to the data that resulted from the use of the Account before the suspension or termination took effect.

ARTICLE 10. GUARANTEES, OBLIGATIONS AND LIABILITY OF USERS

10.1. By accessing the Website, the User declares, guarantees and undertakes to:
- to access the Services in good faith, in a reasonable manner, and not contrary to the terms hereof;
- not to directly or indirectly market the Services and/or access to the Services;
- not to authorise third parties to use his Account;
- not to re-use all or part of the Services contained therein, in particular for commercial and/or collective and/or personal purposes in a form and/or media not authorized by MYZAH.
10.2. It is strictly prohibited to use the Services for the following purposes:
- carrying out illegal or fraudulent activities or activities that infringe the rights or safety of third parties
- undermining public order or violating the laws and regulations in force;
- intrusion into the computer system of a third party or any activity of such a nature as to harm, control, interfere with, or intercept all or part of the computer system of a third party, or to violate the integrity or security thereof;
- sending unsolicited e-mails and/or commercial canvassing or solicitation;
- manipulations intended to improve the referencing of a third party website;
- aiding or abetting, in any form or manner whatsoever, one or more of the acts and activities described above; and
- more generally, any practice that misuses the Services for purposes other than those for which they were designed;
- copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the Website;
- are also strictly prohibited:
• any intrusion or attempted intrusion into MYZAH's systems;
• any misuse of the website's system resources;
• any action that may impose a disproportionate burden on the MYZAH infrastructure;
• any breach of security and authentication measures;
• any action that may affect the financial, commercial or moral rights and interests of MYZAH or the users of its Website, and more generally ; • any breach of the GTC.
It is strictly forbidden to monetize, sell or license all or part of the access to the Services and/or the Website, as well as the information hosted and shared therein.
10.3. Users are solely responsible for choosing to use the Services and for ensuring that they meet their needs, for securing their computer system and for backing up their data.
In addition, they are personally responsible for the use of the Services as well as for the information they provide, especially when creating their Account and using the Services.
The Users guarantee and indemnify MYZAH against any damage suffered by MYZAH and against any liability action that would be brought against it on the basis of the violation of the GTC and/or of any right of a third party. In case of fraud, MYZAH is entitled to provide all necessary information to the competent bodies in charge of the repression of such frauds and offences.
In addition, the User agrees to indemnify MYZAH against all claims, liability, damages, losses, costs and expenses, including reasonable attorneys' fees and consulting fees, incurred by MYZAH in connection with or arising out of any claim by a third party of infringement or violation of intellectual property rights by the User.
More widely, the Users guarantee MYZAH against all claims made by third parties relating to the drafting of their Product Sheets and/or the description of the Products they offer on the Website.
10.4. In case of breach of any of the provisions of the GTC or, more generally, of the laws and regulations in force by a User, MYZAH reserves the right to take any appropriate action and in particular to :
• at any time, without prior notice, interrupt or suspend, temporarily or permanently, all or part of the Website and/or the access to the Services of the User, author of the breach or infringement, or having participated in it;
• suspend or terminate the User's Account without prior notice, it being understood that such termination shall be without prejudice to any damages that MYZAH may claim as compensation for the loss suffered as a result of such breaches by the User;
• to publish on the Website any information message that MYZAH deems useful;
• notify any relevant authority; and
• take any legal action.

In the event that access to the Website and/or Services is suspended for any reason whatsoever, Users may not claim compensation of any kind.
ARTICLE 11. MYZAH'S LIABILITY AND WARRANTIES
The User expressly agrees that MYZAH shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, loss of profits or loss of revenue, which may be incurred by the User directly or indirectly in connection with the use of this website:
• access to or use of the Services;
• the inability of the User to access or use the Services;
• any conduct or content submitted, published or posted on the Website; and
• any unauthorised access, use or alteration of the User's transmissions.
MYZAH reminds the User that it will do its best to avoid any problem with the use of the Services but that it shall not be liable for any damage resulting from the use of third party websites to which the User may be redirected when selecting items.
The User is solely responsible for his/her use of the Services.
The User accepts and acknowledges that he/she is solely responsible for the information contained on the Website that he/she has transmitted to MYZAH.
MYZAH shall not be liable for any loss of the information accessible on the Account, as the Account must save a copy of the information and shall not be entitled to any compensation for such loss.
MYZAH does not act as an Internet service provider. As such, MYZAH cannot guarantee the quality of the Internet connection or the absence of network interruptions.
MYZAH undertakes to carry out regular checks on the operation and accessibility of the Website. MYZAH reserves the right to temporarily interrupt access to the Website for maintenance purposes.
Similarly, MYZAH shall not be liable for any temporary difficulties or impossibility to access the Website and/or the Services due to circumstances beyond its control, force majeure, or due to disruptions of the telecommunication networks.
MYZAH does not warrant to the Users that (i) the Services, which are subject to constant research to improve their performance and progress, will be completely free of errors, defects or deficiencies, (ii) the Services, being standard and not offered for the sole purpose of a given User according to his own personal constraints, will specifically meet his needs and expectations.
No information or advice provided by MYZAH to the User in connection with the use of the Services shall be deemed to be a warranty.
MYZAH shall not be liable to the User for any loss or damage suffered by the User as a result of any change or temporary or permanent discontinuance by MYZAH in the provision of the Services or the features offered on the Website.
MYZAH shall not be liable for any interruption of collaboration with a brand, a Sales Partner or a brand.
The User shall not oppose to MYZAH the general terms and conditions of use and/or the general terms and conditions of sale of the third party websites and/or the websites of the Vendor Partners to which the User may be redirected and undertakes to read and accept them.
In any case, the liability that MYZAH may incur hereunder is expressly limited to the direct damages suffered by the User. MYZAH shall not be held responsible for the products and/or services purchased by the User on the website and/or the application of a Partner Seller and in particular for any problem of delay, delivery, conformity, non-availability, exchange.

ARTICLE 12. INTELLECTUAL PROPERTY

12.1. Some elements (notably editorial, illustrations, studies, and videos) appearing on the Website and/or the Services are protected by the laws relating to intellectual property and in particular the copyright and are the exclusive property of MYZAH.
Similarly, the trademarks, logos, graphics and animations contained on the Website and/or Services are the exclusive intellectual property of MYZAH.
It is agreed that the TOS does not imply any transfer of MYZAH's intellectual property rights.
12.2. MYZAH grants Users the non-exclusive, non-transferable, royalty-free right to use the Website and/or Services and any associated software, provided that Users may not, directly or indirectly, copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to obtain the source code for the Website and/or Services (except as provided by law), or sell, assign, sub-license or otherwise transfer any rights in the Website and/or Services or associated software.
Users agree not to modify in any way the Website, the Services or the related software and/or to use modified versions thereof and in particular (without this enumeration being limitative) with a view to obtaining unauthorised access to the Website and/or the Services. In particular, Users agree not to access the Services by any means other than the Website.
Users are informed and acknowledge that the Website, the Services and any software used in connection therewith may contain confidential information or information protected by applicable intellectual property or other laws. Users agree not to modify, rent, lease, loan, sell, distribute, or create derivative works incorporating any such content, in whole or in part, without the prior express permission of MYZAH.
The Website and/or the Services contain texts, images, which are the exclusive property of MYZAH (hereinafter the "Intellectual Property Elements"). The Intellectual Property Elements are made available to the User, free of charge, for the sole use of the Website and the Services and within the framework of a normal use of their functionalities.
This license to use the Intellectual Property is personal, non-exclusive and non-transferable. MYZAH may revoke this authorization to use the Intellectual Property Elements at any time.
Users are prohibited - directly or indirectly - from copying, modifying, creating a derivative work, reversing the design or assembly or in any other way attempting to find the source code (except as provided by law), selling, assigning, sub-licensing or transferring in any way whatsoever any right pertaining to the Intellectual Property Elements. The User undertakes not to modify the Intellectual Property Elements in any way.
In case of non-conforming or abusive use of the Intellectual Property Elements, MYZAH reserves the right to stop the infringement of its intellectual property rights and to deregister and/or deactivate the User's accounts in accordance with the conditions of article 9 above.

ARTICLE 13. PERSONAL DATA

In accordance with the amended law n°78-17 of 6 January 1978 relating to data processing, files and freedoms, known as the "Data Protection Act" and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "RGPD"), Users are hereby informed that MYZAH carries out automated processing of their personal data for the purposes of the use of the Services, and for the purposes of the processing and the management of the commercial relationship.
Each User has the right to access, modify, rectify, limit, portability and delete data concerning him/her, as well as the right to object.
To this end, they should contact the support department by e-mail at the following address : contact@myzah.com.
Users are reminded that they can make the necessary changes and deletions to their account information directly on their own account. For more information, MYZAH invites the Users to read the privacy policy available on the Website at the following address : https://myzah.com/politique-de-confidentialite. in the tab "Privacy Policy".
This policy is an integral part of the GTC. Acceptance of the TOS implies acceptance of the attached Privacy Policy.

ARTICLE 14. ADVERTISING

MYZAH reserves the right to include on any page of the Website and in any communication to Users advertising or promotional messages in a form and under conditions to be determined by MYZAH.
The User therefore accepts the display of such messages on the Website.
As the publisher of the Website, MYZAH is free to market the advertising spaces on the Website to advertisers of its choice. The User acknowledges that he/she has no right on these advertising spaces and refrains from any request or action in this respect.
ARTICLE 15. LINKS AND THIRD PARTY WEBSITES
When using the Site, Users may have access to various links directing them to third party websites and in particular to the websites and/or applications of Vendor Partners.
MYZAH shall not be held responsible for the technical availability of websites or mobile applications operated by third parties (including its Vendor Partners) to which the User may have access through the Site.
In accordance with these GTC, MYZAH is not liable for the non-performance or imperfect performance of the services of its Vendor Partners, which are performed by independent professionals.
MYZAH is not responsible for the contents, advertisements, products and/or services available on such websites and mobile applications, which are governed by their own terms of use.
MYZAH is not responsible for any transactions between the User and any advertiser, professional or merchant (including its Vendor Partners) to whom the User is directed through the Website and shall not be a party to any disputes with such third parties regarding the delivery of products and/or services, warranties, representations and other obligations of such third parties.

ARTICLE 16. MODIFICATION OF THE GCUS

MYZAH reserves the right to modify, at any time, the TOS, in order to take into account any legal, jurisprudential, editorial, functional and/or technical evolution of the Website and/or the Services.
The version that prevails is the one that is available online on the day of use of the Website and/or Services.
Any use of the Website and/or Services by the User after publication of the modified GTUs implies unreserved and express acceptance by the User of the new GTUs.
The GTU are updated regularly. Consequently, Users are invited to consult them each time they visit the Website.
In addition, any modification is applicable fifteen (15) days after the notification by e-mail of the update of the GCU to the Users. In the event of disagreement with the new provisions of the GCU, the User undertakes to cease accessing the Website and using the Services and to request the deletion of his/her Account at the following address : contact@myzah.com

ARTICLE 17. DURATION OF THE GCUS

The GCU are valid and apply as long as Users use the Services and/or browse the Website.
ARTICLE 18. VARIOUS CLAUSES
18.1. The language of interpretation of the GCU is the French language.
18.2. The TOS constitute the entire agreement between the Users and MYZAH regarding the use of the Services and the Website in general.
In case of contradiction between the TOU and other elements, rules or guidelines on the Website, the TOU shall prevail.
18.3. If one or more of the provisions of the GTU are declared null and void in application of a law, a regulation or following a final decision of a competent court, the other provisions shall remain in force. The same principles shall apply in the case of incomplete provisions.
18.4. No tolerance of any nature, extent, duration or frequency shall be deemed to create any right, nor shall it be construed as a waiver of any of the provisions of the TOU.
18.5. The files, data and messages recorded in MYZAH's computer systems shall be accepted as proof of the acts and facts occurring between MYZAH and the Users.
The preservation of records shall be presumed, unless proven otherwise, to have taken place under reasonable security conditions if the messages, data and other documents are systematically recorded on a reliable and durable medium.

ARTICLE 19. GOVERNING LAW AND JURISDICTION

19.1. The use and operation of the Website and/or the Services are subject to French law. The validity, execution and interpretation of the TOS applicable to the Website and/or the Services are also subject to French law.
19.2. For any difficulty and/or question about the Website and/or the Services, Users are invited to contact the customer service department in order to try to find an amicable solution by e-mail at the following address contact@myzah.com.
19.3. In the event of a disagreement between the Parties, one of the Parties must inform the other by means of a registered letter with acknowledgement of receipt. Upon receipt of said letter, and within a period of fifteen (15) days, one of the Parties shall propose an amicable solution to the dispute. If this attempt fails or if there is no response, it may bring its dispute before the competent courts. The Parties therefore undertake to follow the amicable settlement procedure before bringing the matter before the courts, this attempt at mediation being a condition of admissibility for any legal action.
19.4. ANY DISPUTE CONCERNING THE VALIDITY, EXECUTION AND/OR INTERPRETATION OF THE GCUS APPLICABLE TO THE WEBSITE AND/OR THE SERVICES OR IN RELATION TO THE GCUS AND/OR THE WEBSITE AND/OR THE SERVICES SHALL BE SUBJECT TO THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, EVEN IN THE EVENT OF APPEAL OR MULTIPLE DEFENDANTS.
19.5. The GCU are up to date with Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 promoting fairness and transparency for business users of online intermediation services.

ARTICLE 20. ENTRY INTO FORCE

The GCU come into force on the 20/11/2021.