IzzyTown Terms and Conditions of Sale and Use

Thank you for using IzzyTown! These Terms and Conditions (the "Terms") govern your access to and use of the IzzyTown website and mobile application, a service marketed by IzzyTown SAS ("IzzyTown", the "Service", "we"), a société par actions simplifiée located at 36 avenue Foch 69006 Lyon - France, registered with the RCS of Lyon under number 913 724 779. Contact email: contact @izzytown.com

We recommend that you read these terms and conditions carefully. If you have any questions, please contact us at contact@izzytown.com. By accessing IzzyTown or using the service, you agree to abide by these Terms, our Privacy Policy and our Cookie Usage Policy.

Our service

IzzyTown is a service designed to revitalize the downtown ecosystem through the implementation of proposals dedicated to merchants and their customers, including the possibility of hands-free shopping by having your shopping bags delivered directly to a specific area. We work with passion to provide you with the best mobile ergonomics and the latest technologies available, in the service of the first application 100% dedicated to downtown dynamism.

In cities that are increasingly pedestrianized, if you want to free your arms (and your mind), enjoy a city that is pedestrian-friendly for longer and more fully, but above all, shop locally in increasingly attractive downtown businesses that also want to make your life in the city easier... IzzyTown is there for you.

Each company has its own terms and conditions of sale and use, here are ours.

1. General provisions

IzzyTown operates the website www.izzytown.com and the associated mobile application ("hereinafter referred to as "the Site") for the benefit of consumer customers ("Customers"). Various services are offered by IzzyTown:

- On the one hand, a delivery activity for shopping bags made and paid for in stores by Customers for which these general terms and conditions of sale and use ("GTC/UG") apply without reservation. The acceptance of these conditions by the Customer is materialized by a box to be ticked before the validation of the delivery order;

- On the other hand, an activity of presentation through its website of the shops subscribed to the IzzyTown service and of the referenced partners offering advantages to the users of the IzzyTown application.

You must be at least 13 years old to create an account or to use the IzzyTown services.

2. Acceptance of the terms of use

When you access, visit or use the Service or create an IzzyTown account, you accept these terms of use and agree to be bound by them.

Failure to do so may result in IzzyTown suspending and/or terminating your account and/or terminating your order and/or refusing to accept any future delivery orders.

Please take the time to read them carefully because they govern your access to and use of the Service. If you do not agree with these terms, you may not access IzzyTown

3. Modification of services

We are constantly improving our Services and developing new features. In other words, we may add or remove features and services, we may also suspend or discontinue a service. We may make such a decision at any time. You agree that we may automatically update the software, and these terms will apply to any such update.

4. Modification of these Terms

We reserve the right to determine the form and means of providing you with notices regarding changes to these terms. We may change these terms from time to time and the most current version will always be posted on our website. If a revision is significant in our sole discretion, we will notify you either by email or by message directly in the mobile applications. By continuing to access or use IzzyTown after such revisions become effective, you are effectively agreeing to be bound by these amended terms. 

5. Your account

Creating an account is an essential step in using IzzyTown. The process is simple, you will be guided through the application. By creating an account, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); (ii) maintain and update the Registration Data to keep it true, accurate, current and complete; and (iii) not use another person's name with the intent to impersonate that person or in a manner that would otherwise cause confusion as to the origin of your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or impersonates another person, or if IzzyTown has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, IzzyTown may suspend or terminate your account and may refuse to allow you to use the Service at any time.

6. Privacy

Your privacy is important to us. To learn how we handle information when you use our Services, please refer to our Privacy Policy, which we encourage you to read carefully.

7. Security of your account

The security of our users is a matter of great concern to us. We do our best to ensure the security of your account. We ask that you keep your password confidential. Please notify us immediately if your account is hacked or used in an unauthorized manner. You can help us fight spammers by keeping these security tips in mind.

8. Links, third party sites and services

The Site may contain links to external websites (including those of Merchants who subscribe to the Service), providers, services, special offers or other events or activities that are not owned or controlled by IzzyTown. We have no responsibility or liability for any such external sites, information, materials, products or services. If you access any external websites, services or content from IzzyTown, you do so at your own risk and you agree that IzzyTown shall not be responsible or liable for your access to or use of any such third party websites, services or content.

9. Termination of your account

You may terminate your account at any time by contacting us at contact@izzytown.com. If you terminate your account, you will still be able to access and view the Sites, but you will not have access to the features that are available to registered users of the Service.

10. Exclusions of guarantees

We strive to keep the Services running smoothly and to avoid disruptions. But we cannot guarantee that we will always do so.

While IzzyTown attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error-free, or timely; (b) the Services will always operate without delay, disruption, or blemish; or (c) any content or information you obtain through the Services will be current or accurate.

11. Service property

You agree that IzzyTown and its partners own all right, title and interest in and to the Service and all materials provided by us as part of the Service, including, without limitation, the software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights or photographic rights, (the "IzzyTown Content"), and any and all intellectual property rights in the IzzyTown Content. You may not (and you may not authorize any third party to) copy, modify, create a derivative work of, decompile, reverse engineer, disassemble or otherwise attempt to discover the source code of the program functions. The IzzyTown name, logo, symbols and names are trademarks and service marks of IzzyTown. You agree not to display or use any of the IzzyTown marks without the prior written consent of IzzyTown.

That said, we love working with interesting companies, inventive engineers, and truly creative designers. So please feel free to contact us at contact@izzytown.com.

12. Operation of the service

12.1 Prior information 

Once registered on the Site, the Customer can use the delivery service of his purchases made in the partner outlets (the "POS", "the Merchant").

The use of this service gives rise to an invoicing of the collection and the delivery, except special conditions in force at the partner Merchant. The rate applied for collection and delivery is the one indicated on the application on the day of the request for the service. The delivery made at a single point for an identified Customer only gives rise to a single invoice. However, a collection fee may apply to each collection point, unless special conditions are granted by the Merchant.

It is important to note that using the application offers advantages to the Customer in a certain number of partner businesses and establishments (the number of which evolves according to the agreements progressively signed with IzzyTown).

Deliveries take place on the same day, provided that the request for the last collection transmitted by the Customer was made no later than 6.30 pm. After this time, the bags can be delivered on D+1. The service is available from Monday to Saturday inclusive from 9:00 am to 6:30 pm. Exceptionally, the service may be available on certain Sundays, or at extended time slots.
The maximum delivery time following validation of the delivery order is 2 days. Beyond that time, the entirety of the delivery costs will be reimbursed to you.

12.2 Description of the different steps of the service

1. The Customer accepts the Merchant's offer to have their shopping bags delivered and paid for at the POS.

2. The request to collect the bags is initiated by the Merchant themselves via the IzzyTown mobile application.

3. The Merchant keeps the Customer's shopping bags, secures them in a safe place and identifies them by affixing a QR Code on each of them.

4. If the Customer makes several purchases at different POS, and decides to use the service, then the same operation is repeated. The customer can leave his bags in several stores. The collection of the purchases will then be multiple, i.e. in this case the logistics provider will make several collections on behalf of the Customer in several POS.

5. Once the Customer's shopping trip (single or multiple) is complete, the Customer uses the application to inform IzzyTown that he/she wishes to have his/her purchases delivered to the agreed location and time slot.

6. As soon as the service request is initiated, the bags are collected by IzzyTown's logistics provider who identifies them using the QR Code on its own delivery system in order to track them until they are handed over to the Customer. The Customer then validates the delivery of the bags in due form.

12.3 Payment and delivery terms

The Customer is informed before the validation of his request for delivery of the modalities of this one: covered zones, times and expenses.
After validating their order, the Customer chooses their method of payment, which is made in euros by bank card. IzzyTown uses a secure payment tool and does not have access to confidential payment information. The Customer guarantees that he/she has the necessary authorisations to use the chosen method of payment. In case of refusal by the bank, the order is not validated. Payment constitutes final validation of the sale for the Customer.

IzzyTown sends the Customer an order summary (by SMS, confirmation email or push notification) containing:
- order reference and delivery order summary - total amount of delivery costs, including all taxes
- delivery time
- confirmation of payment

Purchases are delivered to the address given by the Customer. IzzyTown reserves the right to make partial deliveries. IzzyTown cannot be held responsible for an incorrect address or the absence of the Customer at the time of delivery.

If the Customer notes any anomalies on delivery, he/she should mention his/her reservations on the delivery note.

Any delay in delivery must be reported by the Customer as soon as possible to IzzyTown, which will carry out an inquiry with the carrier. The Customer acknowledges that he/she will not be entitled to any compensation or damages of any kind, other than the reimbursement of the sums already paid for delivery costs.

13. Withdrawal

The Customer is informed that in accordance with article L.221-28 1°and 12° of the Consumer Code, the right of withdrawal cannot be exercised for contracts resulting from the use of the Site, concerning the supply of services fully executed before the end of the withdrawal period (which the Customer expressly waives by requesting delivery of his/her bags of Corsican goods), and concerning goods transport services.

The issue of a delivery request by the Customer including both a recipient and a delivery address is made via the IzzyTown application, and constitutes acceptance of the delivery of the shopping bags at the price communicated on the application.

Thus, an electronic delivery contract is irrevocably concluded, under the conditions and reservations of these GTC/GTC, between the Customer and IzzyTown, once the delivery request is accepted via the application.

14. Ownership and transfer of risk

Ownership of purchases is acquired by the Customer upon payment to the Merchant. The Merchant is responsible for the custody and preservation of the goods until they are taken over by the transport service provider appointed by IzzyTown.

IzzyTown and its transport service providers are duly insured against most of the risks that could arise in relation to the goods transported, up to a maximum transported value of 5,000 euros.

The transfer of the risks of loss and/or deterioration of the bags, as well as the damage that they could cause, takes place at the time of their delivery to the Customer.

15. Responsibility

IzzyTown and its logistics providers are covered and insured against incidents that may occur during the transportation of the Customer's shopping bags. In the event of damage, loss, theft, total or partial destruction of all or part of the purchases transported as part of the IzzyTown service, the insurance contracts taken out by IzzyTown and its logistics service providers will be implemented in accordance with the terms and conditions set out in the insurance policies taken out with their respective insurance companies (for IzzyTown contract taken out with Helvetia No. 92206454).

‍IzzyTown
shall not be liable in the event that the non-performance of its obligations results from a case of force majeure, as defined by French case law.

IzzyTown shall not be liable for any non-performance of the delivery, nor for any indirect or consequential damages, or expenses arising from the non-delivery or late delivery of the shopping bags. In any event, if IzzyTown's liability is incurred, it will be limited to the amount of the commercial value of the products carried in the shopping bags.

16. Litigation

The GTC are subject to French law and written in French.

In the event of a complaint, the Customer must contact IzzyTown by sending a complaint by e-mail or post to the addresses indicated at the top of these GTC/GTC at the latest within 3 days, with his contact details and the reference number of his order and delivery.

In accordance with Article L. 211-3 of the Consumer Code, in the event of a dispute, the Customer may resort to the consumer mediation procedure provided for in Articles L. 611-1 and following of the Consumer Code. The European Commission provides an online platform for dispute resolution: http://ec.europa.eu/consumers/odr/.

In case of failure of the mediation procedure, any dispute relating to the formation, execution and interpretation of these GTC/GU will be under the exclusive jurisdiction of the competent French court.

17. Final Terms

These Terms constitute the entire agreement between the Customer and IzzyTown and supersede all previous agreements. They do not create or confer any beneficial rights on any third party.

If we fail to enforce any provision of these Terms, this will not be considered a waiver.

We reserve all rights not expressly granted to you.

Customer's personal data provided to IzzyTown will be treated in accordance with the Data Privacy Policy, which Customer acknowledges accepting.

Should any provision of these T&Cs be invalidated, the remaining provisions shall remain in force and such provision shall be replaced by a valid one.

The T&Cs/GU and the delivery order confirmation constitute the entire contract of sale. Failure to assert any provision of the T&Cs shall not preclude its subsequent assertion or constitute a waiver of any rights thereunder.

Contact us

If you have any questions or comments about our service, you can contact us at contact@izzytown.com. We love to hear from you! If you voluntarily submit comments or suggestions, please be aware that we may use ideas without paying you. If you have lots of ideas for IzzyTown and would like to be compensated, contact us as well, we are hiring frequently!