GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale are effective from 20/01/2021

ARTICLE 1. DEFINITIONS

In the context of these general terms and conditions of sale, the terms and expressions listed below, the first letter of which is capitalized, shall have the meanings assigned to them below. These terms will have the same meaning in the singular and plural.
• "General Terms and Conditions of Sale" or "GTC": refers to the present general terms and conditions of sale defining the terms and conditions under which Customers may purchase Products on the Website;
• "Customers": refers to any natural or legal person having created an Account on the Website and purchasing Products on the Website;
• "Order": refers to any act of purchasing a Product on the Website by the Customer;
• "Account": refers to the Customer's account, created under the conditions specified in article 3 of the GTC, allowing the purchase of Products on the Website;
• "Identifiers": means the Customer's name or the pseudonym chosen by the Customer (login), as well as the confidential code or the password allowing the Customer to access his Account;
• "Myzah": refers to the company Myzah, as defined in the Legal Notice on the Website;
• "Products" : refers to the products sold on the Website to the Customers and in particular to clothes and Islamic decoration;
• "Website": means the Myzah website available at the following address: www.myzah.com from which Customers may purchase Products.
The Website includes all computer components (in particular software and computer developments and Web pages, including source and object code programs, preparatory design work, specifications and preliminary studies, user documentation relating to the use and operation of the Website), the graphic design (including projects, models, prototypes and plans), the infrastructure and the content (in particular texts, sounds, still or moving images, videos and databases).
• " Non-Professional Seller(s) ": means any individual or legal entity, acting as a non-professional within the meaning of the French Consumer Code, who uses the Services to sell Products through Myzah via a deposit system.
• "Professional Seller(s)": refers to any natural or legal person, having the status of a professional within the meaning of the Consumer Code, who uses the Services to sell Products on the Website.

ARTICLE 2. PURPOSE AND ENFORCEABILITY

The purpose of the GTC is to define the terms and conditions according to which Myzah sells Products to customers.
The GTC are systematically brought to the attention of the Customer to enable him/her to place an Order. They shall apply exclusively to all Orders placed through the Website and shall prevail over any other terms and conditions, except those expressly accepted by Myzah. Consequently, all other terms and conditions shall only be binding on Myzah after written confirmation by Myzah.
IMPORTANT: NOTE TO CUSTOMERS
ANY ORDER FROM THE WEBSITE IMPLIES THE CUSTOMER'S EXPRESS, PRIOR, FULL AND COMPLETE ACCEPTANCE OF THE T&Cs, BY CHECKING THE BOX: "I accept the General Terms and Conditions of Sale" AND ACCEPTING THEM AT THE TIME OF ORDERING, THE CUSTOMER ACKNOWLEDGES THAT HE IS BOUND BY ALL THE T&Cs.

Article 3. Creating an Account 3.1. In order to place an order, the Client must create an Account. To do so, they must click on the "Account" tab, then click on the "Create an account" tab, fill out the online registration form, and click on the "Register" tab. The Client can also click on the "Register via Facebook" or "Register via Google" tabs. 3.2. The Client undertakes to provide true, accurate, up-to-date, and complete information about their identity, in accordance with Article 6-II of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy. They agree, in particular, not to create a false identity likely to mislead Myzah and not to usurp the identity of another legal or natural person. The Client undertakes to immediately update the data they have provided in case of any changes to said data. 3.3. In the event that the Client provides inaccurate, outdated, incomplete, or misleading information, Myzah may immediately, without notice or compensation, suspend or terminate their Account and refuse them access, temporarily or permanently, to the Site. Furthermore, Myzah's liability cannot be sought in any case in the event of non-performance and/or partial performance of the Order related to the provision of such information. 3.4. The Account is accessible by the Client through their Credentials, which are under their exclusive responsibility. The Client undertakes to keep them confidential and not to disclose them in any form. If any element of the Credentials is lost or stolen, the Client must promptly inform Myzah, who will then proceed to cancel and/or update the relevant Credential. The confidentiality of the password entrusted to the Client is the sole responsibility of the latter. In this regard, the Client is required to ensure that, at the end of each session, they have effectively logged out of the Site, especially when accessing the Site from a public computer or an unsecured public or non-secure network. 3.5. In case of loss of their password, the Client has the option to request a new password through their Account by clicking on the "FORGOT PASSWORD?" tab. 3.6. At any time they deem appropriate, the registered Client may decide to deactivate their Account in accordance with the terms provided in Article 13 of the GTC.

ARTICLE 4. PRODUCTS

4.1. Product Offerings
The Products available for sale by Myzah are those listed on the website on the date of the Order.
Product offers are valid as long as they are posted on the website, subject to the availability of the Products at the moment Myzah receives the Order.
The Products available for sale may belong to and be sold by Professional Sellers or Non-Professional Sellers, the latter being identified as sold by Myzah on the Website.
Available Products are identified by the words "Add to cart".
Myzah has the right to modify the list of Products offered for sale.
In addition, as the Products may be subject to change, Myzah is entitled to modify the specifications, characteristics and content of the Products, for any reason whatsoever, or to withdraw the Products from its offers. Such changes and/or withdrawals may be made at any time without prior notice, including after the Customer has placed an order, if such changes result from the application of any standards, texts or regulations applicable to the Products, without Myzah being held liable.
4.2. Product Ordering Process
4.2.1. Customers wishing to place an Order warrant that they are acting in their own name, on their own behalf, are 18 years of age or older, are fully entitled to place the relevant Orders and to use the relevant means of payment, and that such means of payment provide sufficient funds to cover all costs resulting from the purchase of the Products.
Myzah has the right to refuse any Customer's Orders in the event of (i) the unavailability of the Products specified by the Customer in the Order, (ii) the existence of a dispute between the Customer and Myzah regarding a previous order and/or payment of Myzah's invoices, (iii) abusive or inappropriate behaviour (abnormal quantity of orders, etc.).
4.2.2. To place an Order, the Customer selects the Product(s) he/she wishes to purchase from the catalogue of Products on the Website, which is based on Products posted online by Myzah and its professional partners.
The Customer selects the Products and adds them to their shopping basket (hereinafter referred to as the "Basket"). The Shopping Basket shall contain a summary of the Products selected by the Customer as well as the prices and related charges. The Customer may access the summary of his/her Order in the Shopping Basket at any time. They are then informed of the total amount of their Order.
There is no minimum purchase amount per Order.
The Customer may modify his/her Order and correct any errors in the list of Products and their number before accepting his/her Order.
Once the Customer has accessed the Shopping Cart, he/she confirms acceptance of his/her Order by ticking the GTC validation box and clicking on the validation button.
Once the Terms and Conditions of Sale have been accepted and the Order has been validated, the Customer shall enter the contact details for the delivery of the Product(s) ordered and the invoicing details, if different, as well as the means of delivery, if applicable, so that the delivery costs can be charged to the order. The delivery costs are then calculated and taken into account in the summary and total amount of the Order.
Once the Customer has validated their delivery and, where applicable, billing details, as well as the means of delivery, if applicable, they shall proceed to pay for their Order in accordance with the terms and conditions set out below. Payment constitutes acceptance of the Order.
Once the Order has been paid, Myzah shall send the Customer an Order confirmation by e-mail, summarising the details of the Order and the delivery and, where applicable, billing addresses. This confirmation shall constitute the conclusion of the contract between the Customer and Myzah and shall be irrevocably binding on both parties.
All Orders will be invoiced to the Customer by email to the address provided at the time of delivery of the Order.
4.3. Process of Product Sales
4.3.1. Sale by Professional Sellers
Professional Sellers who wish to place Products for sale on the Website warrant that they are fully authorised to place the Products concerned for sale.
Myzah has the right to refuse the sale of all Professional Sellers in the event of (i) Products that do not comply with the information set out below, (ii) the existence of a dispute between the Professional Seller and Myzah regarding a previous Order and/or the payment of invoices from Myzah, (iii) abusive or inappropriate behaviour (sale of abnormal quantities, etc.).
Professional Sellers can add Products to the Website under the following conditions:
- only post authorized Products on the Website;
- the Professional Seller must be the owner of the added Products;
- the Product must not infringe the rights of any third party; and
- the Product must comply with the regulations applicable in the market for this type of product.
In order to sell Products, the Professional Seller must provide several pieces of information relating to the Product, including one or more photos, a description and a price.
The Products offered for sale are described and presented as accurately as possible in the product sheet by the Professional Sellers and the description does not engage the responsibility of Myzah, as intermediary, nor does it affect the validity of the Order.
The Professional Seller who added the Product may remove it or change its price at any time before contacting a Customer.
4.3.2. Sale by Non-Professional Sellers
Non-Professional Sellers who wish to sell Products through the Myzah website warrant that they are fully authorised to sell the Products concerned.
Myzah has the right to refuse the sale of all Non-Professional Sellers in the event of (i) Products that do not comply with the information set out below, (ii) the existence of a dispute between the Non-Professional Seller and Myzah regarding a previous Order and/or the payment of invoices from Myzah, (iii) abusive or inappropriate behaviour (sale of abnormal quantities, etc.).
Non-Professional Sellers may ask Myzah to add Products to the Website by sending Myzah a form containing information about the Product, including one or more photos, a description and a price.
The description of the Products does not involve the responsibility of Myzah, as an intermediary, nor does it affect the validity of the Order.

ARTICLE 4. PRICES AND PAYMENT TERMS

4.1. Price
The relevant price for the Products is the current price at the time the Products are ordered by the Customer.
The prices are displayed on the Website and are expressed in euros (€) excluding delivery costs.
Shipping costs depend on the delivery method chosen by the Customer, the weight of the Products and the delivery location. They shall be specified to the Customer before the Order is validated in the Order summary.
Prices include the VAT applicable on the date of the Order. Any change in the applicable rate may be reflected in the prices of the Products after the effective date of the new applicable rate. Where applicable, Myzah shall inform the Customer.
4.2. Means of payment
Orders are payable via the secure payment service provided by Mangopay SA France, whose terms and conditions are available on its website at the following address: https://www.mangopay.com/fr/.
The Customer undertakes to be the authorised holder of any credit/debit card or means of payment that he/she will use to pay for the Products and that this means of payment gives access to sufficient funds to cover the amount of the purchase.
Once the Order has been received, a request to debit the bank account will be sent to the paying institution. The Order shall be validated upon receipt of the authorisation to debit the account from the paying institution. In the event of payment by bank or credit card, the Customer shall be debited with the amount defined at the time of validation of the payment.
If the transaction is refused, the Customer's Order shall be automatically cancelled.
Myzah shall not be held liable in the event of fraudulent use of the payment methods used.
4.3. Invoices
Invoices shall be issued by Myzah for amounts paid by the Customer.
Invoices shall be made out in the Customer's name and shall be sent by e-mail to the address provided by the Customer when placing the Order.
Regardless of the Order and payment method, invoices shall be sent upon confirmation of the Order by e-mail as an attachment in PDF format to the Customer at the e-mail address provided when the Customer's Account was created and shall be available at any time for consultation and downloading from the Website via the Account.

ARTICLE 5. DELIVERY

The Product(s) offered on the Website is (are) delivered worlwilde. The list of delivery locations is subject to change.
A delivery date is notified to the Customer at the moment of placing the Order.
The Product(s) ordered shall be delivered to the delivery address indicated by the Customer when placing the Order.
The Products are delivered by a carrier appointed by Myzah, which bears the delivery risk.
The Customer undertakes to inform Myzah of any change in billing and/or delivery details that may occur between the time of the Order and the time of delivery. If the Customer fails to do so, Myzah shall not be liable for any delay and/or error in delivery.
Nor shall Myzah be liable if the non-receipt of the Product(s) is due to the actions of a third party outside its control or in the event of theft.
If the Order is returned due to the Customer's absence from the address indicated, the Customer will be notified of the unsuccessful delivery by the carrier in charge of the delivery. The Customer shall contact the carrier directly, whose contact details are indicated on the carrier's tracking page, in order to schedule a new delivery or to collect the Order.
If the Customer does not collect the Order within the time limit set by the carrier, the Order will no longer be available and the Customer shall be solely responsible for this non-delivery.
Unless otherwise specified in the Order, delivery is payable by the Customer. The delivery price will depend on the Customer's location and will be indicated in euros, including all taxes.
Delivery shall entail the transfer of ownership of the Product(s) ordered.

ARTICLE 6. MYZAH OBLIGATIONS

Myzah provides a paid intermediation service.
As such, Myzah, subject to an obligation of means, undertakes to make its best efforts to put the Customer in contact with a professional partner with a view to purchasing Products on the Website.
Myzah shall not be held liable for any defect in the Products.

ARTICLE 7. THE CUSTOMER'S OBLIGATIONS

Customers agree to comply with the GTC and to use the Website in accordance with Myzah's instructions.
Customers agree that they shall use the Website only for their personal use, in accordance with the GTC. In this respect, customers agree to refrain from:
- use the Website in any manner that is unlawful, for any purpose that is unlawful, or in any manner that is inconsistent with these Terms and Conditions;
- sell, copy, reproduce, rent, lease, loan, distribute, transfer or sub-license all or any part of the content on the Website; - decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software enabling or comprising all or part of the Website;
- attempt to gain unauthorised access to the website's computer system or to engage in any activity that disrupts, diminishes the quality of or interferes with its performance or impairs its functionality;
- infringe Myzah's intellectual property rights
- denigrate the Website and/or the Products or Myzah on social networks or any other means of communication.
In the event of non-compliance with the obligations arising from acceptance of the GTC, incidents of payment of the price of an Order, provision of erroneous information when creating an Account or acts likely to harm Myzah's interests, Myzah reserves the right to suspend access to the Website and/or the Account without prior notice or, depending on the seriousness of the acts, to delete the Customer's Account, without any claim for damages, and to take all measures, including any civil or criminal legal action, against the Customer.

ARTICLE 8. RETURNS

If the Customer finds that a Product does not comply with the description in the product sheet, the Customer must contact Myzah by e-mail within a maximum of fourteen (14) clear days from the date of receipt of the Product. The Customer shall explain the extent to which the Product does not correspond to the product sheet and provide photographs to substantiate such claims.
If the claim for non-conformity of the Product with the product sheet appears to be well-founded on the basis of the Customer's explanations and the photographs, Myzah shall authorise the Customer to return the Product to Myzah. Shipping costs shall be borne by the Customer.
Upon receipt, Myzah shall inspect the Product to determine whether or not it conforms to the product sheet. If the non-conformity is confirmed, Myzah shall refund the Customer.

ARTICLE 9. WITHDRAWAL

Myzah grants the Customer a withdrawal period of fourteen (14) calendar days from the date of receipt of the Product, during which the Customer may make a request to the following e-mail address retours@myzah.com
In this case, Myzah shall refund the Customer the amount corresponding to the Products purchased, depending on the payment method chosen by the Customer at the time of the initial transaction, as well as the shipping costs. This refund shall not incur any costs for the Customer. The refund will be made as soon as possible.
The Customer has a maximum of fourteen (14) calendar days from the date of communication of his decision to withdraw to return the Product to Myzah.

ARTICLE 10. GUARANTEES

With respect to the Products that Myzah supplies to the Customer pursuant to the GTC, Myzah is bound by an obligation of means.

ARTICLE 11. RESPONSIBILITY

11.1. In general, in the event that a Customer fails to comply with the GTC, each Customer acknowledges and accepts that he or she alone shall be liable to Myzah for any direct or indirect damages arising therefrom.
11.2. Myzah cannot be held liable for unforeseeable events such as cyber-attacks, security breaches in data transmission or performance guarantees regarding the volume and speed of data transmissions. Under these conditions, it is up to the Clients to take all appropriate measures to protect their own data and/or software, in particular from contamination by any viruses circulating on the Internet.

ARTICLE 12. COPYRIGHT

12.1. The Website and some elements (in particular editorial, illustrations, studies and videos) listed on the Website are protected by intellectual property laws, in particular copyright, and are the exclusive property of Myzah.
Similarly, the trademarks, logos, graphics and animations contained on the Website are the exclusive intellectual property of Myzah.
It is agreed that no provision of the GTC shall result in any transfer of Myzah's intellectual property rights with respect to the intellectual property elements that may be used on the Website.
Customers therefore undertake not to directly or indirectly infringe Myzah's intellectual property rights over the Products.
In addition, Customers shall refrain from reproducing or exploiting the studies, videos, trademarks, logos or, in general, any content of the Website without Myzah's express prior written consent.
12.2. Customers undertake, when using the Website, to:
● not to purchase Products in violation of the intellectual property rights of third parties, such as trademarks and/or other signs to the extent that they are protected by applicable law (such as company signs in certain jurisdictions) and/or patent rights and/or copyrights;
● not infringe the proprietary and/or personal rights of third parties (including intellectual property rights).

Article 13. Account Deactivation 13.1. Registration on the Site has no time limit. However, any Account of a Client that is completely inactive continuously for three (3) consecutive years is, subject to the application of legal or regulatory provisions, archived by Myzah and is no longer available on the Site. 13.2. The Client retains the option to delete their Account on the Site at any time and without providing a reason. To do so, the Client must send an email to the following address: contact@myzah.com, requesting the deletion of their Account. A copy of their identity document may be requested to prevent any risk of identity theft. 13.3. The deletion of an Account is permanent. Since the Account is deleted irreversibly, the associated personal data is automatically deleted and cannot be recovered. Deleting an Account does not prevent Clients from re-registering and creating a new Account. 13.4. In the event of non-compliance with the obligations arising from the acceptance of the GTC, incidents of non-payment of the price of an Order, provision of incorrect information at the creation of the Account, or acts that may harm the interests of Myzah, the latter reserves the right to suspend access to the Site and/or the Account without notice, or, depending on the severity of the acts, to delete the Client's Account without any claims for damages. Article 14. Site Access and Availability The Site is accessible seven (7) days a week and twenty-four (24) hours a day. Myzah undertakes to make its best efforts to ensure that the Site remains operational within the framework of an obligation of means. However, due to the nature of the internet, Myzah does not guarantee continuous operation and access to the Site, seven (7) days a week and twenty-four (24) hours a day. Myzah reserves the right to interrupt the operation of the Site and/or access to the Account of one or more Clients at any time, with or without notice, especially for the purpose of ensuring corrective and evolutionary maintenance of the Site, or to evolve its content or presentation and/or for any other legitimate reason. To the extent possible, Myzah will inform Clients in advance of a corrective or evolutionary maintenance operation. Furthermore, Clients acknowledge that the Site may be interrupted for reasons beyond Myzah's control and that Myzah cannot therefore guarantee continuous access to the Site and/or the Account. In any case, Myzah cannot be held responsible for any interruption and/or malfunction of the Site, regardless of the cause. Clients are invited to inform Myzah of any technical issues they encounter during their navigation and/or use of the Site by writing to the following address and describing the problem encountered: contact@myzah.com

ARTICLE 15. PERSONAL DATA

In accordance with Law No. 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018, promulgated on 21 June 2018, relating to information technology, files and freedoms, known as the "Information Technology and Freedoms" law, its implementing decree No. 2018-687 of 1 August 2018 and Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Customer is informed that Myzah carries out automated processing of his or her personal data for the purposes of using the Website, processing and managing commercial relations, Orders and Product Sales.
For further details, the Customer is invited to consult the "Privacy Policy" link available on the Website.

ARTICLE 16. MISCELLANEOUS

14.1. Modification
Myzah has the right to modify the GTC at any time, in particular in order to take into account any legal, jurisprudential, editorial, functional and/or technical developments.
The prevailing version of the GTC is the one available online on the date the Order is validated.
Any Order placed by the Customer after publication of the amended GTC shall be deemed to constitute acceptance of the new GTC.
14.2. Partial invalidity
In general, if one or more of the clauses or provisions of the GTC are held to be invalid or declared null and void or unenforceable by law, regulation or as a result of a final decision of a competent court, the other provisions shall retain all their force and scope.
14.3. Language
The language applicable to the GTC is French. If a translation is made, only the French version shall be contractually effective.
14.4. Evidence
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 Customers.
The preservation of records shall be presumed, in the absence of proof to the contrary, 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 17. APPLICABLE LAW - DISPUTES

The General Terms and Conditions are governed by French law.
Should you encounter any difficulties and/or have any queries regarding the Product(s) and/or the Sales Order(s), please contact the Sales Department by email at the following address : contact@myzah.com.
In accordance with the provisions of Article L.211-3 and Article L.612-1 of the French Consumer Code, the Customer is hereby informed that any dispute that may arise between the Customer and Myzah concerning the validity, interpretation, performance or non-performance, interruption or termination of the rights and obligations of the General Terms and Conditions of Sale (GTCs) may, after the Customer has made a prior written request to Myzah and the settlement of which has been unsuccessful, be submitted to consumer mediation.
The use of the following mediator is LITIGE - MEDIATION DE LA CONSOMMATION suggested: 
However, the Customer and Myzah shall remain free to accept or refuse recourse to consumer mediation. Moreover, the solution proposed by the consumer mediator shall not be binding on the Customer and Myzah, which may waive it.