General Terms of Use
These website General Conditions of Use (hereinafter "GCU") are concluded between WYZ France, SAS, a company with capital of €127,500, whose head office is located at 8 avenue Flandres Dunkerque 60200 COMPIEGNE, registered under number 511 536 153 of the Compiègne companies register, EU VAT no.: FR86511536153 (hereinafter "WYZ"), and any professional or non-professional person (hereinafter the "User") making a purchase of services via the website www.xxxxxxx.xxx
Access to and use of the aforementioned website implies the User’s adherence to the GCU. If the visitor does not agree with the clauses set out below, they are advised not to use this website.
1. INTRODUCTION
Each of the terms set out below shall have the following meaning in these website General Conditions of Use (hereinafter "GCU"):
Website: means the website developed by WYZ, a licence for which has been granted to XXXXXX (hereinafter the "operator"), whose details are included in the Legal Notices accessible from the URL www.xxxxxxxx.xxx
Applications: means mobile and tablet applications.
Personal Account: means the personal space accessible from the Website and Applications, which any User must create, and then identify themselves to be able to access it.
User(s) : means any visitor(s) with access to the Website and Applications.
2. PURPOSE
The purpose of the GCU is to determine the conditions of use of the Website made available to Users.
3. ACCEPTANCE
By accessing and using the Website and/or Applications, any User declares to have read the GCU of the Website and to expressly accept them without reservation and/or modification of any nature whatsoever. These GCU are therefore fully enforceable against Users.
4. COOKIES
WYZ wishes to clearly and transparently inform the User about the use of cookies when the User browses the Website.
4.1 Cookie Definitions
A cookie is a text file stored on the hard disk of the User's terminal (computer, tablet, mobile phone) through their browser software when they consult an online service. This means that a cookie is sent each time the User opens a page on the Website from their computer, mobile device or tablet. The cookies registered by WYZ or by third parties when the User visits the Website or Applications do not personally identify the User as an individual, they only identify the device that the User is using. Cookies do not store any sensitive personal data, they simply provide information on the User's browsing so that their terminal can be identified later.
There are different types of cookies:
- Session cookies, which disappear as soon as the user leaves the browser or website;
- Permanent cookies, which are stored until their lifetime or validity expires, or until the user deletes them using the features of their browser, for example.
Cookies do not cause any damage to the User's device, they make it easier to find the User’s preferences, pre-fill certain fields, and adapt the content of the services of the Website’s owner and/or operator, for example.
The User only has to choose whether they wish to have cookies stored on their device, and can easily control the storage of cookies.
4.2. Cookies on the Website
The cookies that WYZ transmits allow it to:
- Identify the User's terminal when connecting to the Website;
- Adapt the presentation of the Website, Applications and advertising spaces to the display preferences of the User's terminal (language used, display resolution, operating system used, etc.), based on the hardware and software for viewing or reading that the User's terminal includes;
- Facilitate User searches by storing their automatic searches and saved ads;
- Improve its services by establishing statistics and volumes of Website visits and usage (sections and content visited, browsing routes taken, etc.).
4.3. User Choices
The User can configure their browser software at any time so that cookies are either stored on their terminal (opt-in), or they are not stored (opt-out).
The User can choose to accept the storage of cookies on their terminal and return to this decision at any time by changing the settings of their internet browser. Note that using the opt-out setting will prevent the proper functioning of the Website.
The settings for managing cookies are different in each browser. Moreover, if the User uses different terminals to access the Website (smartphone, tablet, computer, etc.), their preference settings must be configured on each terminal.
Some browsers allow the User to define rules for managing cookies site by site. This is described in the help menu of the User’s browser, which the User can check to find out how to change their settings.
The User can also consult the website links below to find out how to configure the following browsers:
- Firefox
- Chrome
- Internet Explorer
- Safari
For further information, the User can also consult the guide of the CNIL (French Commission on Informatics and Liberty), which is available at the following address: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.
5. WEBSITE ACCESS – LIMITATION OF LIABILITY
WYZ makes every effort to keep the Website accessible, without being under any obligation to do so. It is hereby stated that access to the Website may be interrupted for the purposes of maintenance, updates, or any other technical reason. WYZ is in no way liable for these interruptions and the consequences that may arise for the visitor.
WYZ disclaims all liability in the following cases:
- Interruptions, breakdowns, changes to and malfunctions of the Website or services of WYZ, whatever the communication medium used and regardless of the origin and provenance;
- Loss of data or information stored by WYZ;
- Temporary unavailability of the Website and/or Applications due to technical problems, regardless of the origin and provenance;
- Direct or indirect damage caused to the User, whatever its nature, resulting from the content of Advertisements and/or the access, management, Use, operation, malfunction and/or interruption of the Website or services of WYZ;
- Abnormal use or illegal operation of the Website or services of WYZ by any User;
- Any attack or hacking, deprivation, removal or prohibition, temporary or permanent, and for any reason whatsoever, of access to the Internet.
6. PASSWORD MANAGEMENT
WYZ makes various spaces on the Website available to the User on behalf of the operator, which allows the User to access the services. To obtain access to these spaces and to certain specific services, the User must enter a password.
This password is strictly personal and the User must ensure its confidentiality.
To this end, the User is wholly responsible for any use of this password, and WYZ can in no way be held liable for any loss or damage caused by the use of these spaces and/or password.
The User must inform WYZ of any fraudulent use of their password or spaces, and disconnect after each Website visit.
7. CHANGES TO THE WEBSITE AND GCU
WYZ reserves the right, at any time, to change or interrupt the availability of all or part of the Website or Applications.
WYZ reserves the right, at any time, to change all or part of the GCU. Users are invited to consult the GCU on a regular basis, in order to become aware of any changes implemented. The User’s use of the Website constitutes their acceptance of any changes made to the GCU.
8. INTELLECTUAL PROPERTY
1. All elements of the Website are and shall remain the exclusive property of WYZ.
Any reproduction, operation, rebroadcasting or use for any reason whatsoever, even partially of the elements of the Website, whether software, visual or audio related, is strictly forbidden and may be subject to legal proceedings.
2. The WYZ brand and any other brands or logos filed by WYZ or any of its affiliates or its parent company are protected by copyrights and industrial property rights, and shall remain the exclusive property of WYZ or its parent company. Any infringement of these rights may result in legal proceedings.
The brands and logos visible on the Website which are not owned by WYZ – especially those belonging to the operator – are the property of WYZ’s partners. Any infringement of these rights may result in legal proceedings.
3. The photographs, graphics and descriptions of Products offered are as faithful as possible, but are only indicative and in no way render WYZ liable in any way whatsoever.
9. HYPERLINKS
Any reproduction of plain text or hypertext links to the Website is strictly prohibited without the prior written consent of WYZ.
The consent required to establish links referred to in this section must be requested via the Contact form on the Website. The request must specify the address of the page (URL [Uniform Resource Locator]) where the link will appear on the third-party site. Consent shall not be granted to reproduce links for commercial or advertising purposes, with some exceptions.
WYZ shall not grant its consent under any circumstances to websites that disseminate information that is unlawful, violent, controversial, pornographic, xenophobic or that a majority of people would find offensive.
Any unauthorised link must be removed at the request of WYZ, and may be subject to legal proceedings.
It is strictly forbidden to use or reproduce, even partially, one of the Website’s elements within a third-party website via so-called processes of inclusion, of frames, or any other process of a similar nature.
10. PERSONAL DATA
Your personal information and data are processed by XXXXXXXXX, and are required for managing your account and your access to the Service. The information required for delivery will be transferred to the carrier for this purpose only.
Any person considered a "User" that makes a purchase of services via the xxxxxxx website, can consult the "User Data Protection" page.
In the event of problems arising from the processing of personal data, Users are informed that they reserve the right to lodge a complaint with the French Commission on Informatics and Liberty (CNIL) via its website.
11. EMAILS
To contact WYZ by email, Users must use the following email address: serviceclient.xxxxxxxx@wyzgroup.com
The responses to emails provided by WYZ cannot be assimilated or cannot constitute proof of exercising an advertising, promotional or commercial activity in the territory of the destination country of the responses.
12. DISPUTES – APPLICABLE LAW
ANY DISPUTES ARISING FROM THESE GCU SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE TERMS OF COMMON LAW.
These GCU are governed by French law.
13. MISCELLANEOUS
If any part of the GCU is proven to be illegal, invalid or unenforceable, for whatever reason, the provisions in question would be deemed null and void, without calling into question the validity of the other provisions that will continue to apply between Users and WYZ.
Last update 1st january 2019.