Terms and Conditions of Sale and Use
Article 1 − Scope of application
1.1 These Terms and Conditions of Sale and Use apply ipso jure between FIZZER and any visitor or user of the service (hereunder referred to as “User”) provided by the website fizzer.com (hereunder referred to as “Website”).
FIZZER reserves the right to adapt or modify these Terms and Conditions of Sale and Use at any time. In the event of a modification, the Terms and Conditions of Sale and Use prevailing on the day of the order shall apply.
1.2 Any order, as defined in Article 3 below − “Order” − expressly implies unconditional adherence to these Terms and Conditions of Sale and Use, which prevail on any other condition.
1.3 The sale can take place anywhere in the world.
1.4 For more information and/or claim, the User can send an email via the Website.
1.5 FIZZER reserves the right to suspend or terminate access to the service at any time in case the User breaches these conditions.
Article 2 − Description of the service and products
2.1 The service offers and prices of FIZZER remain valid as long as they appear on the Website.
2.2 FIZZER service consists in editing, publishing, digitally preserving and sending postcards customized by the User on the Website, either by mail or email.
The front of the postcard is composed of a photograph the User uploaded from his computer, smartphone or tablet. The back features a message for the recipient and, in the case of postcards sent by mail, the recipient’s address.
The postcard’s recipient can live in any country around the world.
FIZZER prints and drops off postcards in post-boxes within 24 hours, except on weekends and bank holidays.
Postcards are rectangular and measure 10x15cm.
Credits are associated with a specific account and cannot be transferred to another account.
2.3 Internet access is required in order to use the service. The User must have all the necessary equipment, including a computer, tablet or smartphone, or any other tool to connect to the Internet and upload data, files and digital photographs.
2.4 To use the service, the User signs up on the Website with their private Facebook account or by creating a distinct account. Once the registration process is complete, the User receives a confirmation email.
The User alone is responsible for keeping their email address and password confidential, and for all actions taken on their account and/or with their password or email address. They can change their password at any time.
The User agrees to inform FIZZER immediately of any unauthorised use of their account and/or password and/or email address and/or of any security breach, and to ensure logging out after every session.
FIZZER cannot be held responsible for any loss or damage caused by a breach of the obligations described in this section.
Article 3 − Order
3.1 The User places their order online. To do so, they must create their User account (using their private Facebook account or creating a distinct account), select their products, then handle payment with a credit card using the system available on the Website.
FIZZER cannot be held responsible for any failure during the order process.
3.2 Any order received by FIZZER is deemed firm and definitive. It is followed by a confirmation email.
3.3 The date of confirmation of the order corresponds to the date of payment with the credit card online.
Article 4 − Pricing and Payment
4.1 The prices of services on sale are those that appear on the Website on the day of the order.
FIZZER reserves the right to change its prices at any time, but is committed to applying the prices that were shown to the User when their order was recorded. The prices for these services are shown in euros, including tax and delivery charges.
4.2 Payments are made with credit card. Payments are made through the secure STRIPE system that uses SSL (Secure Socket Layer) Protocol, ensuring the information transmitted is encrypted by a software and that no third party can access it during the transfer on the network. FIZZER doesn’t have any access to these details.
4.3 To pay for the order, the User must agree to these Terms and Conditions of Sale and Use by creating their FIZZER account. This undertaking is effective as soon as the User accepts the Terms and Conditions of Sale and Use upon creation of their account.
The order is validated and processed by FIZZER as soon as payment is confirmed. FIZZER reserves the right to suspend or cancel the execution of an order regardless of its nature or execution level in the event of payment default or partial payment of any sum due by the User, in the event of a payment incident, or in case of fraud or attempted fraud related to the use of the Website, including previous orders.
4.4 If the User holds on their account a credit balance sufficient for several postcards, their orders are deducted from their credit balance.
Individual postcards aren’t refundable.
Article 5 − Delivery
5.1 After payment, the services are delivered to the recipient’s address specified during the order process per post in France and abroad, or via email.
5.2 Delivery time can take 2 to 15 business days from the order confirmation. The specified delivery time is an average depending on the destination.
Exceeding this delivery time estimation shall not result in any order cancellation, discount or payment of compensation.
5.3 FIZZER reserves the right to refuse to perform a delivery or carry out an order emanating from a User who hasn’t fully or partially paid a previous order, or with whom a payment litigation is pending.
Article 6 − Right of withdrawal
The User has no right of withdrawal according to the provisions of Article L. 121-20-2 of the French Consumer Code whereby: “the right of withdrawal cannot be exercised, unless the parties previously agreed otherwise, for supply contracts (…) regarding goods made to the consumer's specifications or clearly customised, or that, given their very nature, cannot be resent”.
Article 7 − Liability
7.1 FIZZER shall not be held responsible in case of delay, disruption, strike of postal services, transport services and/or communication services, or in a case of force majeure that would thwart or delay the postcards delivery.
FIZZER shall not be held responsible for any delay in delivery or loss of a postcard that can’t directly be attributed to FIZZER. Delivery times on the Website are for information purposes only and may be subjected to modifications.
No damage caused by transportation can be imputed to FIZZER’s contractual liability.
7.2 Postcards sent in the framework of the Service fall under private correspondence, meaning FIZZER doesn’t have any control over the message or pictures sent.
If FIZZER is notified by a third party and by any means of the illicit nature of the content transmitted through the Service, or the photograph on the postcard, it commits to handing these contents over to law enforcement authorities, who will deal with them accordingly.
Files stored, used and transmitted in the framework of the Service are the sole responsibility of the User. Therefore the User shall bear sole civil and criminal liability for contents transmitted via the Service. The User shall not store, upload or send any data that is prohibited, unlawful, illegal or that transgresses standards of public decency, disturbs civil order or puts/might put the rights of third parties at risk.
FIZZER shall not be held responsible for illegal pictures and/or messages according to current laws and regulations. The User shall not store, upload or transmit any picture and/or message promoting crimes and misdemeanours, discrimination, hatred or violence because of race, ethnicity or nationality, praising Nazism, contesting the existence of crimes against humanity, undermining the jurisdiction of any court, containing information regarding an on-going trial, or an individual tax situation, or broadcasting outside of authorised conditions any survey or simulation of voting in relation to an election or referendum, defamation or slander, invasion of privacy, actions that could endanger minors, as well as any file aiming to expose forbidden objects and/or works, etc. The User agrees to comply with all current laws and regulations prohibiting the broadcast of images bearing any pornographic or obscene content, or that may seriously affect human dignity.
The User certifies that they are the legal owner of all pictures used in the framework of the Service, and that they are free from any intellectual property rights. The User cannot save or transmit files that infringe on other people’s intellectual property rights, such as texts, images, trade secrets, internal or confidential information, and this list isn’t exhaustive. The User cannot save or transmit pictures that showcase private or personal affairs of another person, without their express and prior consent. The User must ensure that each person represented has given their consent for the use and broadcast of their image. Any reproduction, in part or in full, must receive prior written consent from the content’s editor(s). Only unique reproduction for strictly private use by the User is allowed. Any other kind of reproduction, distribution, transmission or publication without prior consent of beneficiaries is strictly forbidden.
FIZZER reserves the right to terminate access to the Service if the User broadcasts contentious content without any prior legal procedure.
7.3 FIZZER shall not be held responsible by third parties in case of abusive use of the Service, particularly if the User sends an excessive amount of postcards.
FIZZER shall not be held responsible for any indirect damage the User may suffer during provision or use of the Service. All parties admit that indirect damage includes moral, commercial and financial damage, as well as any action against the User by a third party, and this list isn’t exhaustive.
7.4 Postcards may be sent to undesired recipients if the address specified during the order process is incorrect. In this case, FIZZER cannot be held responsible.
7.5 The User agrees to compensate FIZZER for any request, claim or conviction they might be subject to following a breach of these Terms and Conditions of Sale and Use and/or messages they have sent via the Service.
7.6 FIZZER reserves the right, at any time, to modify or temporarily or permanently interrupt part or the whole Service, without being required to first inform the User. FIZZER shall not be held responsible against Users or any third party for any modification, suspension or interruption of the Service.
7.7 FIZZER shall not be held responsible for any inconvenience or damage inherent to the use of the Internet and completely independent from the diligence and precautions taken by FIZZER. In particular, FIZZER cannot be held responsible for any disturbance in the service provision, or any external intrusion or computer virus.
7.8 The printing quality of the photographs on postcards depends on the equipment and camera used. The User acknowledges that the picture on paper may appear less sharp than on their screen. FIZZER cannot be held responsible for the low quality of a photograph, which would be due to the User’s equipment.
FIZZER shall not be held responsible for a low-quality print that would be due to the insufficient resolution or low quality of the picture uploaded in the framework of the service.
Article 8 − Personal data
8.1 The User expressly agrees to give FIZZER sincere and valid information about themselves. This information, transmitted in the framework of the order, is indeed required to process, send out and monitor orders. FIZZER is allowed to record and use through computer processing the information given by the User. FIZZER is therefore able to contact anyone who has given his or her contact information via mail or email.
8.2 Registration with the CNIL (Commission for Data Protection and Liberties):
The website fizzer.com is registered (registration number pending) with the French Commission for Data Protection and Liberties (CNIL) in compliance with the Law No 78-17 of January 6th, 1978 on information technology, files and freedoms, amended by the law of August 6th, 2004.
8.3 According to the Law No 78-17 of January 6th, 1978, each web user leaving nominative information about themselves on the website has a right of opposition (article 38), access (articles 39, 41 and 42) and correction (article 40) of those data. They may therefore demand that any information concerning themselves that is inaccurate, incomplete, equivocal, out of date or whose collection or use, communication or retention is forbidden, be rectified, completed, clarified, updated or deleted. Each user may exercise these rights by writing to firstname.lastname@example.org.
Article 9 − Intellectual property
All visual, textual and audio elements on the website http://www.fizzer.com, including the underlying design, pages of code and other elements, are protected by copyright, trademarks and patents. They are the sole property of FIZZER and cannot be reproduced, used or represented in any form, on any support or by any media without express authorisation from FIZZER, or they may be subject to prosecution. Any hypertext link directing to the website http://www.fizzer.com that uses technologies such as framing, deep-linking, in-line linking or any other technology of deep linking, is strictly forbidden. In any case, any link, even tacitly approved, shall be withdrawn upon request from FIZZER.
Article 10 − Disputes
These Terms and Conditions of Sale and Use are subject to French law. Any dispute relating to the interpretation of these Terms and Conditions of Sale and Use, regardless of the place of delivery, shall be subject to the jurisdiction of French courts.
Article 11 − Printing and technical limitations
Printing is done using digital presses. Our postcards can be group printed (meaning they are printed along with other clients’ orders) or individually printed. The client therefore unconditionally accepts the constraints related to this type of printing:
- shaping tolerance per side of about +/-2mm
- printing tolerance per side of about +/-2mm
- slight variations in colour
- in the case of a reprint, even from identical files, colour rendering can never be 100% identical.
It is further agreed that we are not liable for defects in printing, colorimetry, font, trap, text width or image conversion if these defects are present on the client’s files.
FIZZER applies a protection policy on personal data, as described in the document titled “Personal Data Protection Charter”, which the User is expressly invited to review.