Terms and Conditions of Sale and Use
1. Scope of Application
1.1 These general conditions of sale and use apply automatically between the company FIZZER and any visitor or user of the service (hereinafter, a " User ”) offered on the sites fizzer.com and fizzer.fr as well as on the Fizzer Application (hereinafter altogether called the “Site”). Site ").
The document is accessible and printable at any time through a direct link placed at the bottom of the site’s pages.
The applicable version of the general terms and conditions of sale and use is the one available online on the Site at the date of the User's order, a copy of which is sent to him/her with his/her order confirmation.
The present general conditions of sale and use prevail over all other general or particular conditions not expressly approved by FIZZER.
FIZZER offers its Users an online service that allows the editing, publishing, digital preservation and sending of postcards, magazines, announcements and other personalized products through the Site (hereafter, the "Services").
2. Operator of the Site and Services
The Site and the Services are operated by FIZZER, a simplified joint stock company, registered with the R.C.S. of LISIEUX under the number 802 897 801, whose head office is located 144 QUAI DE JEMMAPES
75010 PARIS, FRANCE (hereinafter, "FIZZER").
FIZZER can be contacted at the following coordinates, in particular for any complaint:
Postal address : 15 rue Edouard Herriot - 14160 dives sur mer
E-mail address: firstname.lastname@example.org
3. Access to the Site and Services
3.1 Legal Capacity
The Site and the Services are accessible:
- To any natural person with full legal capacity to commit to the present Terms and Conditions of Sale and Use. A natural person who does not have full legal capacity may only access the Site and Services with the consent of his/her legal representative.
- To any legal person acting through a natural person who has the legal capacity to contract on behalf of and for the account of the legal person.
3.2 Site and Services Dedicated to Individuals
The Site and Services are only available to Individuals and are not intended for Professionals, understood as all natural or legal persons being employed other than occasionally.
4. Acceptance of the General Terms and Conditions of Sale and Use
The acceptance of the present general conditions is materialized by a checkbox in the payment form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. The User who does not agree to be bound by these terms and conditions must not access the Site or use the Services.
5. Site Registration
5.1 The use of the Services requires the User to register on the Site via his/her personal Facebook account or by completing the Form provided for this purpose. The User must provide all the information marked as mandatory. Incomplete registration will not be valid.
Registration automatically leads to the opening of an account in the User's name (hereinafter: the "Account"), giving him/her access to a personal space (hereinafter: the "Personal Space") that allows him/her to manage his/her use of the Services in a form and according to the technical means that FIZZER deems most appropriate to render such Services.
The User guarantees that all information provided on the Registration Form is accurate, up-to-date, truthful, and is not misleading.
The User agrees to update the information in his/her Personal Space in the event that the information has changed, so that it always corresponds to the aforementioned criteria.
The User is aware of and agrees that the information entered for the purpose of creating or updating his/her Account acts as a Proof of Identity. The information entered by the User binds the User as soon as it is validated.
5.2 The User may access his/her Personal Space at any time after having logged in with his/her login details and password.
The User agrees to personally use the Services and not allow any Third Party to use the Services in his/her place or on his/her behalf, except if they bear full responsibility.
The User is likewise responsible for maintaining the confidentiality and security of his login and password, any access to the Website using the latter being deemed to be made by the User. The User must immediately contact FIZZER at the address mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. The User acknowledges FIZZER's right to take all appropriate measures in such a case.
6. Description of the Services and Products
27. Applicable law and jurisdiction
6.2 Before ordering online and in accordance with the provisions of Article L 111-1 of the French Consumer Code, the User may view the characteristics of each Product he/she wishes to order on the Site.
The Products are manufactured and personalized to order, and subject to the possibility of ordering them if necessary.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They only commit FIZZER for what is precisely indicated. However, the User is informed and accepts that certain characteristics of the Products and in particular their color may not correspond exactly to the photographs presented on the Site, due to technical constraints.
The Products may consist of one or more photographs of the User's personal images uploaded from the User's computer, smartphone or tablet, a message addressed to the recipient of the Product and the recipient's contact information.
6.3 The recipient of the Products may be domiciled in any of the countries listed in Article 11.
6.4 An Internet Access is mandatory to use the Services. The User must have all necessary equipment, including a computer, tablet or smartphone, or any other connection tools, to ensure a connection to the Internet and to downloadable data, files and digital photographs.
6.5 FIZZER reserves the right to offer any other Services it deems useful, in any form and according to the functionalities and technical means that FIZZER deems most appropriate to render the Services hereby mentioned.
7. Subscription and purchase credits
The User may have access to the Services by purchasing credits (hereinafter, the " Credits ") or by joining the Fizzer club (the " Club ") in the form of a subscription (the " Subscription "), or by subscribing to the Gazette Familiale (the " Gazette subscription ").
7.1 To be able to place an order, the User must be able to purchase credits valid for one or more Products (hereinafter, the " Credits ").
The rates of the Credits are decreasing according to the quantity purchased.
When the same Product is sent to several recipients, the number of Credits deducted corresponds to the credits used to order the Product individually, multiplied by the number of recipients of the Product.
The User can use his Credits during the 12 (twelve) months following his purchase or his last use of Credits on his Account.
If the User has not used one or more Credits for 12 (twelve) months and still has Credits in his Account, FIZZER will contact the User by any written means with a notice period of one (1) month in order to inform him of the need to use his Credits. After 12 (twelve) months without using one or more Credits on his Account, the User's Credits are deleted.
Credits are linked to an Account and cannot be transferred to another Account.
It is possible for a User to offer Credits through a gift card, via his/her Account. The gift cards are sent directly after payment to the recipient of the gift card to the email address provided by the Account holder. The Account holder is responsible for the accuracy of the recipient's email address.
On each gift card is a code to be inserted on the Site to obtain the Credits. Each code is unique and can only be used once by the beneficiary.
7.2 Membership in the FIZZER Club gives access to the services defined on the Site.
Membership allows the User member (the "Member") to order Products at advantageous rates. Member ”) to place an order for Products at advantageous prices.
7.3 Subscription to the family gazette (" Gazette subscription ”) provides access to the services defined on the Site.
The subscription allows in particular the Member User (the " Member ”) to send a monthly family gazette and to benefit from the advantages of Club Fizzer.
8.1 With the exception of Members who place orders in accordance with article 8.2 below, the User places orders for Services and Products on the Internet, by logging into his Account (hereinafter, an "Order"). Once in his Account, he selects the desired Credits or Products and proceeds to payment, for Credits, via the payment service provider STRIPE, and, for Products, via the Credit system proposed on the Site.
8.2 The Member places an Order by selecting the desired Products. Payment for the Order shall be taken in accordance with the conditions set out in the article "Price - Payment" below. Price - Payment » below.
8.3 FIZZER cannot be held responsible for any failure occurring during the Order procedures.
8.4 Any Order received by FIZZER is considered firm and final. At the end of the Order, the User receives by email a confirmation of the Order which :
(i) summarizes the elements of the Order and, for the Products, the expected delivery time,
(ii) includes the general conditions in force on the day of the Order.
The User must ensure that the contact details entered in his Account or communicated during his Order are correct and that they allow him to receive the Order confirmation e-mail. If the User does not receive the confirmation email, he/she must contact FIZZER at the address mentioned in article 2.
FIZZER recommends that the User retain the information contained in the Order confirmation. The Order confirmation shall be deemed received by the User when it can be accessed.
The User may change the shipping address of a Product within 1 (one) hour of placing the Order.
8.5 Any Order(s) expressly implies unreserved acceptance of these terms and conditions of sale and use, which shall prevail over any other conditions.
8.6 The date of validation of the Order corresponds to the date of online payment.
9. Prices - Payment
9.1 The prices of the subscription (the " Subscription ") to Club Fizzer and the subscription (the " Gazette subscription ”) to the family gazette are indicated on the Site. Any period started is due in full.
9.2 The prices of the Services and Products sold are those appearing on the Site on the day of the Order.
9.3 FIZZER reserves the right to change its prices at any time, but accepts to apply the rates in force as indicated to the User at the time the Order was placed. The prices of the services are expressed in Euro all taxes included, excluding the cost of delivery.
9.4 Payments for Credits are made by credit card. Payments are made via the STRIPE secure system, which uses the SSL (Secure Socket Layer) protocol, ensuring that the information transmitted is encrypted by software and that no third party can gain access to it during transport on the network. FIZZER has no access to these data.
9.5 Subscriptions are paid monthly, quarterly or annually by direct debit. Payment by direct debit is also carried out by a secure system of STRIPE. Payment for Product Orders made within the framework of FIZZER Club membership or gazette subscription is made according to the prices indicated on the Site also when confirming the Order by direct debit.
9.6 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, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the User, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous Orders.
9.7 If the User has Credits in his Account, the prices of subsequent Orders are deducted from his Credits. The Credits may be converted into free months of Subscription, under the conditions which will be specified to him at the time of joining Club Fizzer or the family gazette
9.8 The price remains the same for a shipment from France or from abroad, and to France or to foreign countries.
Attention : Outside the European Union and in the French Overseas Departments and Territories, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the User or the recipient, in addition to the price paid to FIZZER. These duties and taxes, of which FIZZER cannot determine the exact amount in advance and of which it cannot therefore inform the User prior to his Order, remain the responsibility of the User, who is solely responsible for the proper completion of any declarations and/or formalities relating thereto.
10.1 It is possible for a User to sponsor a future user, via his Account, in order to make him discover the Services. The User is limited to 10 sponsorships during his registration to the Services.
10.2 Every User detains a unique referral code on his/her Account.
By giving his sponsorship code to people he wants to sponsor, the sponsored persons and the sponsor will each receive 2 (two) Credits on their Account when the sponsored person makes his first payment. The sponsored person fills in the code in the "Promo Code" section of the "Buy Credits" section by clicking on "Validate" so that the code is taken into account during the validation of the Order.
FIZZER reserves the right to propose any other sponsorship offer that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate.
10.4 FIZZER reserves the right to cancel the benefits of the sponsorship if the sponsored person turns out not to be a new User.
11.1 Paid-for Products are delivered to the recipient's address indicated in the Order, by postal services in France and abroad. Users are expressly informed that the Site only offers delivery of Products to the following territories: worldwide.
11.2 The delivery time of the Product may vary from 2 (two) to 21 (twenty-one) working days from the validation of the Order depending on the delivery conditions operated by the carrier. The time mentioned is an average time, depending on the destination.
In the event of failure to deliver within the aforementioned period, the User may cancel the Order, by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined FIZZER, in the same manner, to carry out the delivery within a reasonable additional period, it has not done so within such period.
The contract shall be considered terminated upon receipt by FIZZER of the letter or writing informing it of such termination, unless it has performed in the meantime. In the event of termination of the contract as described above, the User will be reimbursed for all sums paid, including delivery charges, at the latest within 14 (fourteen) days following the date on which the contract was terminated.
FIZZER reserves the possibility in any case to approach the User in order to propose alternative solutions for reimbursement of the price of the Products and the delivery costs. The User must express explicitly and on a durable medium his acceptance of the choice of an alternative method of reimbursement.
11.3 FIZZER reserves the right to refuse to make a delivery or to honour an Order coming from a User who has not completely or partly paid a previous Order, or with whom a payment dispute is under litigation.
12. Printing and Technical Limits
The printing of a product is done on digital presses. The prints can be realized in amalgam (i.e. grouped with works of other customers), or realized not amalgamated. The User accepts without reserve the technical constraints related to this type of printing:
- processing tolerances per side of about +/-2 mm;
- printing tolerances of approx. +/- 2 mm per side;
- slight variations in color;
- when reprinting, even from identical files, the color rendering can never be 100% identical.
FIZZER’s liability may not be incurred on any printing, colorimetry, font defects as well as on trap technique, monospaced font (fixed-pitch) and image conversion defects, on the assumption that these defects are present on the files provided by the User.
13. Length of membership in the FIZZER Club
The Member subscribes on a subscription basis (the "Subscription"). Subscription " Or " Subscription Gazette »).
The Subscription starts on the day of its subscription for an initial period indicated on the Site.
It is tacitly renewed for successive periods of the same duration as the initial period (together with the initial period, the "Periods"), from date to date, unless the Subscription is terminated at the latest the day before the renewal date.
Any Order placed prior to termination shall be paid for and delivered in accordance with the terms of the "Price - Payment" and "Delivery" sections. Price – payment " And " Delivery ".
According to Article L215-1 of the Consumer Code:
"For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional providing the services shall inform the consumer in writing, by letter or dedicated e-mail, no earlier than three months and no later than one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, shall mention, in an apparent box, the deadline for non-renewal.
Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of transformation of the initial fixed-term contract, shall in this case be reimbursed within thirty days from the date of termination, less the sums corresponding, until that date, to the performance of the contract. The provisions of this article apply without prejudice to those which by law subject certain contracts to special rules as regards consumer information."
14. Right of Withdrawal
If the User is a natural person who uses the Services outside of any professional activity and for his private needs, he is informed that he has a right of withdrawal for the Services and non-personalized Products for a period of 14 (fourteen) days from his registration on the Site. He/she may exercise this right by sending to FIZZER the contact information mentioned in Article 2, before the expiration of the aforementioned period, the form appearing in the Appendix of the present document
However, the User is expressly informed and accepts that the personalized Products he/she orders are considered as goods made according to his/her specifications and clearly personalized. In accordance with the provisions of article L.221-28 of the Consumer Code, the User acknowledges that these Products do not give rise to a right of withdrawal.
The User is also expressly informed and accepts that, if he or she places an order for a Service or a non-personalized Product according to the terms and conditions set forth in Articles 8 and 9, before the expiration of the above deadline, FIZZER will have fully executed its Services before the end of the withdrawal period. Consequently, the User expressly waives, in this case, its right of withdrawal, which cannot be exercised, in accordance with Article L.221-28 of the Consumer Code.
15. Legal guarantees
15.1 The User benefits from the legal guarantees of non-conformity as well as hidden defects of the thing sold, including the defects of conformity resulting from the packing of the Products ordered on the Site.
15.2 If the User notes that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform FIZZER at the address mentioned in Article 2 hereof, indicating the nature of the defect, the lack of conformity or the damage noted and sending him any useful proof, in particular in the form of photograph(s).
15.3 FIZZER will organize with the carrier of its choice the terms of the return, of which it will inform the User by any useful means. FIZZER will bear the costs of this return.
15.4 The Products must be returned to FIZZER in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products that do not comply with the terms and conditions described above will not be accepted.
15.5 FIZZER will proceed with the necessary verifications and will propose to the User the replacement of the Product as far as possible. If the replacement of the Product is impossible, FIZZER will reimburse the User the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which FIZZER informs the User of the impossibility of replacing the Product.
It is recalled that, when acting in legal warranty of conformity, any consumer :
- has a period of 2 (two) years from the delivery of the property to act;
- may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
- is exempt from proving the existence of the lack of conformity of the goods during the 24 (twenty-four) months following its delivery.
It is also reminded that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
Any consumer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
16. Obligations of the User
Without prejudice to the other obligations provided herein, the User agrees to comply with the following obligations.
16.1 The User agrees, in his/her use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
The User is also solely responsible for the proper completion of all administrative, fiscal and/or social formalities and any payments of contributions, and taxes of any kind that he/she may have related to his/her use of the Services. FIZZER’s responsibility will in no case be incurred in this respect.
16.2 The information transmitted by the User in the context of the Orders is necessary for the processing, sending and follow-up of the Orders. FIZZER is authorized to record and use, by computer processing, the information provided by the User. FIZZER may thus send postal or electronic mail to any person who has provided his or her contact information and who has given his or her consent.
16.3 The User acknowledges, after visiting the Site and having learnt the characteristics and constraints, in particular those that are technical, of all the Services. The User is solely responsible for his/her use of the Services.
16.4 The User agrees to make his/her use of the Services strictly personal. Consequently, the User is prohibited to assign, grant or transfer all or any of his/her rights or obligations hereunder to any third party in any way whatsoever.
16.5 The User agrees to provide FIZZER with all information necessary for the proper performance of the Services. More generally, the User agrees to actively cooperate with FIZZER for the proper execution hereof.
16.6 The User is solely responsible for the content of any kind (editorial, graphic, photographic or other, including the name and/or image chosen by the User to identify him/her on the Site, as well as the photos and texts used for the Products) that he/she disseminates within the framework of the Services (hereinafter referred to as the "Contents"). Contents ").
The User agrees that FIZZER has all the rights and authorizations necessary for the diffusion of those Contents.
The User agrees to ensure that the Contents are lawful, that they do not infringe public order, good moral standards or third party rights, do not violate any legislative or regulatory provision and overall, are in no way likely to put the civil or criminal liability of FIZZER at stake.
The User is equally forbidden to disseminate, without this list being exhaustive, the following:
- Pornographic, obscene, indecent, offensive, defamatory, abusive, violent, racist, xenophobic or revisionist Contents that are inappropriate for a family audience,
- abusive, violent, racist, xenophobic or revisionist,
- Counterfeit Contents,
- Contents that infringe a third-party image,
- Contents that are false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
- Contents that are harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.),
- And more generally, Contents that may infringe the rights of third parties or Contents that are prejudicial to third parties, in any manner and in any form whatsoever.
16.7 The User agrees that every person depicted in those Contents has given their agreement for the use and dissemination of their image. Only unique reproduction serving the private use of the User is authorized. Any other reproduction, distribution, transmission or publication performed without the prior consent of the copyright holders is prohibited.
FIZZER reserves the right to terminate the access to all Services for a User transmitting litigious Contents without any prior procedure.
16.8 The User acknowledges that the Services offer an additional, non-alternative solution for sending Products and that this solution is not a substitute for any other means the User may have to achieve the same objective.
16.9 The User must take the necessary measures to safeguard by his/her own means, the information of his/her Personal Space that he/she deems necessary, of which no copy will be provided.
16.10 The User is aware and agrees that the implementation of the Services requires that he/she is connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
The User safeguards FIZZER against any complaints, claims, actions and/or demands that FIZZER may suffer as a result of the breach by the User of any of his/her obligations or guarantees under these Terms and Conditions of Sale and Use.
The User agrees to indemnify FIZZER for any loss it may suffer and to pay it any costs, charges and/or convictions that it may have to bear as a result.
18. Prohibited behaviors
18.1 It is strictly forbidden to use the Services for the following purposes:
- For the practice of illegal or fraudulent activities, or for activities that affect the rights or safety of third parties,
- For the violation of public order or breach of current laws and regulations,
- For hacking into a third party computer system or any activity likely to harm, control, interfere or intercept all or part of a third party’s computer system, violating its integrity or safety,
- For sending unsolicited and/or prospecting e-mails or for commercial solicitation,
- sending unsolicited emails and/or commercial prospecting or solicitation without FIZZER's explicit consent,
- manipulations intended to improve the referencing of a third party site,
- For the assistance or incitement, in any form or by any means, to one or more of the acts and activities described above,
- And more generally for any practice which diverts the Services for purposes other than those for which they were designed.
18.2 Users are strictly prohibited from copying and/or misappropriating the concept, technologies or any other element of the FIZZER Website for their own purposes or those of third parties.
18.3 The following is also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into the FIZZER systems, (iii) any misuse of the site’s system resources, (iv) any action likely to impose a disproportionate burden on the infrastructure of the site, (v) any breach of security and authentication measures, (vi) any act likely to breach the financial, commercial or moral rights and interests of FIZZER or the Users of its Site, and more generally (vii) any breach of these Terms and Conditions of Sale and Use.
18.4 It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the Site, as well as the information that is hosted and/or shared.
19. Penalties for non-compliance
In the event of a breach by the User of an obligation arising from these general conditions, FIZZER reserves the right to suspend or terminate its access to all or part of the Services, with immediate effect, by letter, fax or email. The termination shall take effect by operation of law on the date FIZZER sends the User the written notice pursuant to this clause. It automatically and without prior notice leads to the deletion of the User's Account, without prejudice to any other consequences that may result from the application of these general conditions.
20. FIZZER's responsibility and guarantee
20.1 FIZZER agrees to provide the Services diligently and according to the best practices, given that an obligation of means weighs on itself, excluding any performance obligation, which the Users recognize and expressly accept.
20.2 FIZZER does not guarantee to Users (i) that the Services, which are subject to constant research in order to improve their performance and progress, will be totally free of errors, defects or deficiencies, (ii) that the Services, being standard and in no way proposed for the sole intention of a given User according to his or her own personal constraints, will specifically meet his or her needs and expectations.
In any event, the liability that may be incurred by FIZZER under this agreement is expressly limited to proven direct damages suffered by the User.
20.3 FIZZER will not be held responsible in case of delay, disturbance, strike of the postal services, of the means of transport and/or communication or in case of force majeure which would put in failure or would delay the delivery of the Products.
FIZZER shall not be held responsible for any delay in delivery or loss of the Product that is not directly attributable to it.
FIZZER cannot be held contractually responsible for any damage caused by the transport of the Products.
20.4 The Products and in particular the cards transmitted within the framework of the Service are private correspondence, and FIZZER therefore exercises no a priori control over either the messages or the photographs and other Content sent.
Consequently, FIZZER cannot be held responsible for the Contents, whose authors are third parties, any possible claim shall be directed first to the author of the Contents in question.
The Contents which are harmful to a third party may be notified to FIZZER in accordance with the Terms and Conditions of Sale and Use set out in Article 615 of Law No. 2004-575 of 21 June 2004 to support confidence in the digital economy, FIZZER reserves the right to take the steps described in Article “Penalties for Breaches” and transmit the Contents involved to the authorities.
The files stored, used and transmitted within the framework of the Service are under the sole responsibility of the User. Consequently, only the User of the Service will assume both civil and criminal responsibility for the Content transmitted via the Service. The User is prohibited from storing, uploading or sending any data that is prohibited, illicit, illegal, contrary to good morals, decency, or public order and that infringes or is likely to infringe the rights of third parties.
20.5 FIZZER cannot be held responsible by a third party in case of abusive use of the Service, in particular if the User sends an excessive quantity of Products.
FIZZER cannot be held liable for indirect potential prejudice that the User may encounter from receiving or using the Service. The Parties recognize that are especially regarded as consequential damages, any moral, business and financial prejudices, as well as any action taken against the User by a third party; this list not being considered as exhaustive.
20.6 Products may be sent to undesired recipients if the address indicated at the time of the Order is not correct. In this case, FIZZER cannot be held responsible.
20.8 FIZZER reserves the right, at any time, to modify, temporarily or permanently interrupt all or part of the Service and that without having to inform the Users in advance. FIZZER cannot be held responsible to the User or any third party for any modification, suspension or discontinuance of the Service.
20.9 Moreover, FIZZER agrees to conduct regular checks to verify the functioning and accessibility of the Site. As such, FIZZER reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, FIZZER cannot be held responsible for temporary difficulties or the inability to access the Site due to external circumstances, force majeure, or even due to disruption of telecommunication networks.
20.10 FIZZER cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network and totally external to the diligence and precautions taken by FIZZER. In particular, FIZZER cannot be held responsible for any disruption in the provision of the Service, or any external intrusion or presence of a computer virus.
20.11 The quality of the prints of the photographs reproduced on the Products depends on the equipment and cameras used. The User accepts that the rendering of the photos on the Products may be less sharp than on his screen. FIZZER cannot therefore be held responsible for the poor quality of the photograph that would be due to the User's equipment. FIZZER cannot be held responsible for the poor quality of the print of the photo due to poor quality or insufficient resolution of the photo downloaded through the Service.
21. Intellectual Property
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by FIZZER within the Site are protected by all intellectual property rights or the rights of database producers in force. All disassembly, decompilation, deciphering, extractions, reuse, copies and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of FIZZER, are strictly prohibited and may be subject to prosecution.
22. Personal data
23. Duration of the Services, unsubscription
The subscription to the Services is for an indefinite period.
The User can unsubscribe from the Services at any time by sending a request by e-mail to that effect to FIZZER or a letter to the contact details mentioned in Article 2.
The unsubscription is effective within a maximum of 7 (seven) days of the request. It causes the automatic deletion of the User’s Account.
FIZZER reserves the right to modify the present general conditions at any time. In this case, the applicable conditions will be those in force at the date of the User's Order.
The User will be informed of these modifications by any useful means at least 15 days before they come into force.
The User who does not accept the modified Terms and Conditions of Sale and Use must unsubscribe from the Services in accordance with the Terms and Conditions set out in Article “Duration of Services, Unsubscription”.
Any User using the Services after the entry into force of the amended Terms and Conditions of Sale and Use shall be deemed to have accepted these modifications which shall be fully applicable to him/her.
If these Terms and Conditions of Sale and Use are translated into one or more languages, the language of interpretation shall be French, in the event of contradiction or dispute related to the meaning of a term or provision.
In the event of a dispute between the User and FIZZER, the User may have recourse free of charge to the following consumer mediator for an amicable resolution:
Center for Consumer Mediation of Justice Conciliators (CM2C)
Mailing address: 14 rue Saint Jean 75017 Paris
Phone 01 89 47 00 14
If the User is a foreign consumer but located in the European Union, he can go to the European platform for the settlement of consumer law disputes accessible by our tips. our tips.
27. Applicable law and jurisdiction
The User acknowledges and expressly agrees:
(i) that the data collected on the Site and on the computer systems of FIZZER represent the reality of the operations carried out as part of the present conditions;
(ii) that this data constitutes the only accepted mode of proof between the parties, in particular for the calculation of the sums due to FIZZER.
The User can access his/her data in his/her User Account.
Appendix - Withdrawal Form
(Please complete and return this form only if you wish to cancel the contract.)
To the attention of: FIZZER
144 JEMMAPES QUAY
75010 PARIS, FRANCE
I hereby notify you of my withdrawal from the contract for the Services mentioned below:
Registration on the Fizzer Website on:
Name of the User(s):
Address of the User(s):
Signature of the User(s):
(only if this Form is notified on paper)