OPTIONIZR, société par actions simplifiée, with a share capital of 28,837 euros, registered in the Nanterre Trade and Companies Register (RCS) under number 810 583 260 and having its registered head office at 9 Allée Claude Monet, 92300 Levallois-Perret.
APPLICABILITY OF THE TERMS OF SALE
These Terms of Sale will apply to all purchases of Options. In purchasing any Option, the Customer agrees and accepts to be bound to the entirety of these terms of sale.
« Additional Services » means services including (i) the centralisation and display of Options on the page ‘my options’ of the Website (ii) the exercise of Options from the page ‘my options’ of the Website, and (iii) the extension of the Option’s/Options’ lifespan (if applicable) from the page ‘my options’ on the Website or Confirmation Email.
«Core Services» means services including (i) the purchase of (an) Option (s) on (a) a third-party seller’s website by clicking on the Widget, (b) an Option Request Email by clicking on a purchase Option button found on the email and (ii) the exercise of Options from the Confirmation Email.
«Confirmation Email» means the email that the customer receives after the Option is purchased. It confirms the purchase and allows the customer to exercise the Option or to extend its Life Span (if applicable).
«Customer» means the buyer of one or more Options on his own behalf.
«Expiry Date» means the moment at which the Option expires and after which the Option can no longer be exercised.
«Life Span» means the period of time between the purchase of the Option and its Expiry Date.
«Option» means an option (as described in Article 4 of these Terms of Sale) created by a third-party seller and generated by the Optionizr system.
«Option Request Email» means the email that a user receives from a seller and offers an Option which is individual to him and which only the user can buy.
«Optionizr» means the company Optionizr SAS as described in Article 1 of these Terms of Sale.
«Optionizr Services» means the Core Services and Additional Services.
«System» means the totality of IT systems developed by Optionizr which is made available to third-party sellers, allowing them to create and sell Options.
«User» means an individual who is using Optionizr services or who is on the Website, including but not necessitating the purchase of Options.
«Website» means the website www.optionizr.com and or any of its sub-domains.
«Widget» means the display icon representing the Optionizr brand or the option’s service. It may be displayed in different ways, situated next to products or services on third-party seller websites and gives, by clicking on it, access to a purchase Options page where Options can be bought.
An option represents the right, by its owner, to buy a product or service (hereafter referred to as the underlying product or service) within a specified period, at the same price and at the same conditions that were established at the moment of the option’s purchase.
When buying an option, a person buys the right to buy the product or service in a specified period. The customer does not buy, in whole or in part, the underlying product or service. Unless otherwise provided by the third-party seller, the option’s purchasing price is in addition to the underlying product or service and will not be discounted from the underlying product or service.
During the lifespan of the option, the underlying product or service is reserved for the customer to purchase and cannot be sold by the seller of the option to a third party.
Following the purchase of an Option, the Customer can choose (i) to exercise the Option by buying the underlying product or service related to the Option (ii) to let the Option to expire which will result in the removal of his/her right to buy the underlying product or service at the price and conditions established at the time of the Option’s purchase or (iii) to extend the Lifespan of the Option, if such an extension is allowed by the third-party seller.
A Customer can have access to the Core Services without creating a customer account. The Customer will not be able to have access to the Additional Services without creating a customer account.
Exercising the Option
Third-party seller website
After the purchase of an Option through the website of a third-party seller, by a click on the Widget, the Customer will receive a Confirmation Email. The Customer can exercise his Option by clicking on the button indicating such functionality on the Confirmation Email, which will redirect him onto the third-party seller website, creator of the Option, or on a payment page generated by Optionizr so that he can complete the purchase of the underlying product or service. A Customer who has created a customer account can exercise his Option from the page ‘my options’ of the Website, by clicking on the button indicating such functionality which will have the same effect as clicking on the “Exercise Option” button found on the Confirmation Email.
An Option can only be exercised by its owner who is the person that bought the Option or for whom the Option was bought. The Customer agrees under no circumstance to transfer or distribute the Confirmation Email, or to give any third-party authorisation to exercise an Option and recognises and accepts that any exercise of an Option will be considered as having been executed by the Customer.
Once the Option has been purchased, the Customer can decide whether to let the Option expire and therefore to not buy the underlying product or service. For this he must not exercise the Option nor extend its Lifespan.
If permitted, the Lifespan of an Option can be extended. The Lifespan of the Option can be extended by clicking on the button indicating such functionality on the Confirmation Email or on the ‘my options’ page of the Website by clicking on the button ‘Extend Time’ which will redirect the Customer onto a payment page on which he can extend the Lifespan of his Option.
PRICE OF OPTIONS
All Option prices include French tax (French VAT and other applicable taxes) unless indicated otherwise.
Pricing and descriptions of the underlying products and services are indicated (in terms of content) as they feature on the website of the third-party seller, the creator of the Options. Whilst buying the right to purchase the underlying product or service at the price and conditions established at the time of buying the Option, it is the Customer’s responsibility to check with the third-party seller, who created the Option, for any additional costs or charges, including but not limited to, shipping costs, custom duties etc.
The Customer recognises and accepts that the price frozen at the time of the Option’s purchase excludes tax and recognises and accepts that, as a result, the third-party seller cannot be held accountable for variations in the total price (including all taxes) of the said-product or service in the event that tax rates on the underlying product or service are modified between when the Option is bought (or its Lifespan extended) and the time when it is exercised.
The Customer recognises and accepts that if the underlying product or service is bought in a currency that is foreign to the Customer, the fluctuation in exchange rate between the Customer’s and the third-party seller’s currency from when the Option is bought (or its Lifespan extended) and when it is exercised can impact the total price of the underlying product or service and that the third-party seller cannot be held accountable for the change in price that is due to such a fluctuation.
It is the responsibility of the Customer to check with the third-party seller that the underlying product or service can be delivered to its destination.
AVAILABILITY OF OPTIONS
Given that Options have been created by third-party sellers, Optionizr cannot guarantee that an Option on an underlying product or service visible on the website of the third-party seller will be available at all the times or for the length of time desired by the Customer or the User.
On buying the Option, the Customer will be notified by email as soon as possible if the Options purchased turn out to be unavailable, and he will not be charged for these Options, or shall be reimbursed.
In any purchase of one or mutiple Options, the Customer agrees and accepts to be bound to the entirety of these terms of sale.
The User who wishes to by an Option undertakes the following process in order to complete his purchase:
From the website of the third-party seller. By clicking on the Widget, the Customer is redirected onto an Option’s purchase page where he can select the Option’s length prior to clicking on the button which will redirect him onto a payment page.
From the Option Request Email. By clicking on the button indicating the purchase of the Option, the Customer is redirected onto an Option’s purchase page where he can select the Option’s length before clicking on the button which will redirect him onto a payment page.
Paying by card
After selecting the date(s) for his Option(s), the Customer must check his order. The Customer then provides his personal and billing details as well as his card’s number and expiry date associated. Lastly, he completes his purchase by confirming payment.
Pay with PayPal
With PayPal, the Customer’s financial details are never shared with Optionizr. To pay online with PayPal, the Customer enters his PayPal account details (email and password).
8.2. Payment Default
Optionizr reserves the right to cancel any or all Options of a customer where a payment dispute or litigation exists.
In order to ensure payments are secure, Optionizr uses Braintree, a secure payment service. This service is in line with the security norm Payment Card Industry Data Security Standard (PCI DSS) and is Level 1 PCI certified.
REFUND AND WITHDRAWAL RIGHTS
The Lifespan of an Option begins at the time of purchase. Once the Option has been bought, the Customer may not withdraw or be refunded.
A Customer’s refund for an underlying product or service by the third-party seller following the exercise of an Option, will under no circumstance lead to the refund of the Option which constitutes a separate service.
OBLIGATIONS OF THE THIRD-PARTY SELLER
If the Option is exercised during its Lifespan, the third-party seller, who has created and sold the Option, has the obligation to sell the underlying product or service to the owner of the Option at the price and conditions that were fixed at the moment of the Option’s purchase.
ROLE OF OPTIONIZR
Optionizr allows third-party sellers to create and sell Options on the products and services that they sell. Whilst Optionizr facilitates the transactions made through its System, notably by allowing third-party sellers to create Options and sell Options to internet users, Optionizr is neither the buyer nor the seller of the Options created by the third-party sellers. Optionizr only allows third-party sellers to create Options and to sell to Customers through the Widget.
As a result, for the sale of Options created by third-party sellers, a contract is formed only between the buyer and the third-party seller. Optionizr is not involved and is not a party in this contract, and accepts no responsibility for such a contract or anything stemming from this sale contract. Optinoizr is neither the agent not the representative of third-party sellers. The third-party seller is responsible for the sale of the Options that he has created and any claims or problems that arise or are linked to the sale of Options and the effect that they produce, between him and the buyer.
Optionizr will do its utmost to insure the availability of Optionizr Services. However, due to the nature and functionality of the internet, this cannot always be guaranteed. The Customer’s access to Optionizr Services can occasionally be suspended or limited to allow for works relating to maintenance, repair and additions of a new function or service to the system. Optionizr will strive to limit the frequency and length of these suspensions or limitations.
In accepting these terms of sale, the Customer recognises that Optionizr Services can be inaccessible due to technical problems and/or for maintenance reasons.
Optionizr is not responsible for (i) losses that were not directly caused by a fault of their doing, or (ii) commercial losses (including but not limited to loss of revenue, profit, contracts, expected savings), or (iii) all indirect or subsequent loss that was not foreseeable by the Customer and Optionizr when the Customer began to use Optionizr Services.
The Customer acknowledges and accepts that Optionizr will under no circumstance be held accountable for any problem linked to the sale of products and services linked to Options.
Optionizr can send emails to Customers, a certain time before the expiry of the Option, in order to indicate that the said Option is about to expire. These emails are sent by Optionizr on a voluntary basis and are not automatic. It is the Customer’s responsibility to check the expiry date of every Option he has. The Customer acknowledges and accepts that Optionizr has no responsibility to send these emails and that Optionizr cannot be held accountable in the event that the Customer is not reminded that an Option is expiring. When buying (an) Option(s), the Client accepts to receive reminders before the Option(s)’ expiration, through email and SMS.
Optionizr, in order to improve the quality of its services, reserves the right to collect User and Customer personal data, notably through cookies.
To this effect, Optionizr is declared to the CNIL under the number: 1876181.
Furthermore, Optionizr reserves the right to use the data that it has collected for commercial purposes.
In all cases, and in accordance with law no.78-17 of the 6th January 1978, all Customers and Users can, at any point, oppose the commercial use of said data and, furthermore, benefit from the right to access, rectify and supress the data concerned.
All requests relating to this article should be addressed to email@example.com.
All elements on the Website and the System, whether they be visual or audio, including the underlying technology, are protected by copyright, trademark right or patent right. They are the exclusive property of Optionizr.
All content present or made available through Optionizr Services, such as texts, logos, buttons, images are protected by copyright, trademark right or patent right. They are the exclusive property of Optionizr.
A Customer or User owning a customer account has the ability to stop at any time using Optionizr Additional Services by closing his customer account.
In closing his customer account, the Customer retains the possibility of exercising Options that are valid from the Confirmation Email.
DURATION OF THE TERMS OF SALE
All Customers and Users are subject to compliance with these terms of sale from the moment (i) that the Option is purchased or (ii) that an account is made.
The applicable terms of sale are the ones in force on the day that any Optionizr Service is used by the Customer or User.
AUTONOMY OF THE TERMS AND CONDITIONS OF SALE
In the event that any of the stipulations present in these terms of sale should become void, unfit to product the effects that it has been included for, inapplicable, unenforceable, nonbinding, invalid or illegal, the other stipulations of these terms of sale shall not be affected and the Users and Customers will not be exempt from their obligations to act in compliance with these terms of sale.
These terms of sale are shall be governed by and construed in accordance with French law.
Any litigation or dispute between the Customer and Optionizr, any challenge and/or difficulty of interpretation or execution of these terms of sale is to be submitted to the jurisdiction of the French courts.