General conditions of sale and use
1. Scope
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 fizzer.com and fizzer.fr sites, as well as on the Fizzer application (hereinafter together, the " Site ").
They are accessible and printable at any time by a direct link at the bottom of the Site page.
The applicable version of the general conditions of sale and use is the one available online on the Site on the date of the User's order, a copy of which is sent to him with his order confirmation.
These general conditions of sale and use prevail over any other general or specific conditions not expressly approved by FIZZER.
1.2 FIZZER offers its Users an online service which allows the editing, publication, digital preservation and sending of postcards, magazines, announcements and other personalized products, through the Site (hereinafter , the “ Services ”).
2. Site and Services Operator
Le Site et les Services sont exploités par la société FIZZER, Société par actions simplifiées, immatriculée au R.C.S. de LISIEUX sous le numéro 802 897 801, dont le siège social est situé 1 rue des Platanes
38120 SAINT-EGREVE, FRANCE (ci-après, « FIZZER »).
FIZZER can be contacted at the following coordinates, in particular for any complaint:
Adresse postale : 1 rue des Platanes 38120 SAINT-EGREVE
Email address: hello@fizzer.com
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 engage under these general conditions. A natural person who does not have full legal capacity can only access the Site and the Services with the consent of his legal representative.
- To any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.
3.2 Site and Services reserved for individuals
The Site and the Services are intended exclusively for individuals and are not intended for professionals, understood as all natural or legal persons carrying out a remunerated activity on a non-occasional basis.
4. Acceptance of Terms and Conditions
The acceptance of these general conditions is materialized by a checkbox in the payment form. This acceptance can only be full and complete. Any conditional membership is considered null and void. The User who does not agree to be bound by these general conditions must not access the Site or use the Services.
5. Registration on the Site
5.1 The use of the Services requires that the User registers on the Site, via his personal Facebook account or by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the User's name (hereafter: the " Account "), giving him access to a personal space (hereafter: the " Personal Space ") which makes it possible to manage its use of the Services in a form and according to the technical means that FIZZER deems most appropriate to provide said Services.
The User guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not vitiated by any misleading nature.
He undertakes to update this information in his Personal Space in the event of modifications, so that they always correspond to the aforementioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating his Account is worth proof of his identity. The information entered by the User is binding upon validation.
5.2 The User can access his Personal Space at any time after identifying himself using his login and password.
The User agrees to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.
He is also responsible for maintaining the confidentiality and security of his username and password, any access to the Site using the latter being deemed to have been made by the User. The latter must immediately contact FIZZER using the contact details mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. He acknowledges that FIZZER has the right to take all appropriate measures in such cases.
6. Description of Services and Products
6.1 The Services allow the editing, publication, digital preservation and sending by post of postcards, magazines, announcements and other products personalized by the User from the Site (hereinafter, the "Products") . ").
6.2 Prior to any online order and in application in particular of the provisions of Article L 111-1 of the Consumer Code, the User may read, on the Site, the characteristics of each Product that he wishes to order.
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. The User is however 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 downloaded from their computer, smartphone or tablet, a message addressed to the recipient of the Product as well as the contact details of said recipient.
6.3 The recipient of the Products may be domiciled in any of the countries listed in Article 11.
6.4 In order to use the Services, you must have access to the Internet. The User must have all necessary equipment, and in particular a computer, tablet or smartphone or any other connection tool, in order to ensure this connection to the Internet network and to download data, files and digital photographs.
6.5 FIZZER reserves the right to offer any other Service that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate to provide said Services.
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 ").
Credit prices 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 he has not used one or more Credit(s) for 12 (twelve) months and he still has Credits in his Account, FIZZER will contact the User by any written means with one (1) ) months in order to inform him of the need to use his Credits. After 12 (twelve) months without use of one or more Credit(s) on his Account, the User's Credits are deleted.
Credits are attached to an Account and cannot be transferred to another Account.
It is possible for a User to offer Credits via a gift card, via his Account. Gift cards are sent directly after payment to the recipient of the gift card at the email address provided by the Account holder. The Account holder guarantees the accuracy of the recipient's email address provided.
On each of the gift cards there 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 of the FIZZER Club gives access to the services defined on the Site.
Membership allows in particular the Member User (the " 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. Order
8.1 With the exception of Members who place an order in accordance with article 8.2 below, the The User places an order for Services and Products online, by logging into their Account (hereinafter, an “ Order ”). Once in his Account, he selects the desired Credits or Products and proceeds to payment, for the Credits, via the payment provider STRIPE, and, for the Products, via the Credits system offered on the Site.
8.2 The Member places an Order by selecting the desired Products. Payment for the Order will be taken under the conditions of the article " Price - Payment » below.
8.3 FIZZER cannot be held responsible for any failure occurring during the Order process.
8.4 Any Order received by FIZZER is deemed to be firm and definitive. At the end of his Order, the User receives by email a confirmation thereof 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 email. If it is not received, the User must contact FIZZER using the contact details mentioned in article 2.
FIZZER recommends that the User keep the information contained in the Order confirmation. The Order confirmation is deemed to have been received by the User when he can access it.
The User may modify the shipping address of a Product within 1 (one) hour following his Order.
8.5 Any Order(s) expressly implies unconditional acceptance of these general terms and conditions of sale and use, which prevail over all other conditions.
8.6 The date of validation of the Order corresponds to the date of online payment.
9. Price - 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 modify its prices at any time but undertakes to apply the prices in force which will have been indicated to the User at the time of registration of his Order. The prices of the Services are expressed in euros, all taxes included, delivery costs included.
9.4 Credit payments are made by bank card. Payments are made via the secure STRIPE system which uses the SSL (Secure Socket Layer) protocol, ensuring that the information transmitted is encrypted by software and that no third party can read it during transport on the network. FIZZER has no access to these contact details.
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 upon confirmation of payment. FIZZER reserves the right to suspend or cancel any execution of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any amount due by the User, in in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of 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 is the same for a shipment from France or from abroad and to France or abroad.
Attention : Outside the European Union as well as in the DOM-TOMs, customs duties or local taxes are likely to 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 fulfillment any declarations and/or related formalities.
10. Sponsorship
10.1 It is possible for a User to sponsor a future user, via his Account, in order to introduce him to the Services. The User is limited to 10 sponsorships during his registration for the Services.
10.2 Each User has a unique referral code from their Account.
By giving his referral code to the people he wishes to refer, the referred persons and the referrer will each receive 2 (two) Credits on their Account when the referred person makes their first payment. The sponsored person enters the code in the "Promo code" part of the "Buy credits" section by clicking on "Validate" so that the code is taken into account when validating the Order.
10.3 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 sponsorship if the sponsored person turns out not to be a new User.
11. Delivery
11.1 The paid Products are delivered to the address of the recipient indicated in the Order, by the postal services in France and abroad. Users are expressly informed that the Site only offers the 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 absence of delivery within the above deadline, the User may cancel the Order, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered FIZZER, according to the same terms, to make delivery within a reasonable additional time, it has not performed within that time.
The contract is considered resolved upon receipt by FIZZER of the letter or writing informing it of this resolution, unless it has been executed in the meantime. In the event of termination of the contract according to the above terms, the User will be reimbursed for all the sums he has paid, including delivery costs, at the latest within 14 (fourteen) days following the date at which the contract will have been terminated.
FIZZER reserves the right in any case to approach the User in order to offer him 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 honor an Order from a User who has not fully or partially paid for a previous Order or with whom a payment dispute is in progress.
12. Printing and technical limits
The printing of a Product is done on digital presses. The prints can be made in amalgam (ie grouped with work from other customers), or made unamalgamated. The User unreservedly accepts the technical constraints related to this type of printing:
- processing tolerances per side of approximately +/-2 mm;
- printing tolerances per side approx. +/- 2 mm;
- slight color variations;
- in case of reprinting, even from identical files, the color rendition can never be identical to 100 %.
FIZZER cannot be held liable for defects in printing, colorimetry, font, routing, text hunting, image conversions, in the event that these defects are present in the User's files. .
13. Duration of Club FIZZER membership
The Member joins in the form of a subscription (the " Subscription " Or " Subscription Gazette »).
The Subscription begins 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 (with the initial period, the “Periods”), from date to date, unless the Subscription is terminated no later than the day before the renewal date.
Any Order placed prior to the termination will be paid for and delivered under the conditions of the articles " Price – payment " And " Delivery ".
According to article L215-1 of the Consumer Code:
"For service provision contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by personal letter or dedicated email, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract that he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in a visible box, the deadline for non-renewal.
When 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 from the date of renewal.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination. , minus the sums corresponding, up to this point, to the execution of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules with regard to 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 benefits for non-personalized Services and Products from a right of withdrawal for a period of 14 (fourteen) days from its registration on the Site. He can exercise this right by sending FIZZER to the contact details mentioned in article 2, before the expiry of the aforementioned period, the form appearing in the Appendix hereto.
The User is however expressly informed and accepts that the personalized Products that he orders are considered as goods made according to his 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 places an order for a Service or a non-personalized Product according to the terms provided for in Articles 8 and 9, before the expiry of the above period, FIZZER will have then fully executed its Services before the end of the withdrawal period. Consequently, the User expressly waives, in this case, his right of withdrawal, which therefore 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 for hidden defects of the thing sold, including the lack of conformity resulting from the packaging of the Products ordered on the Site.
15.2 If the User finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform FIZZER of this at the contact details mentioned in Article 2 hereof, indicating the nature of the defect, the non-compliance or the damage observed and by 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 imperatively 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 described above cannot be taken into account.
15.5 FIZZER will carry out the necessary checks and will offer the User the replacement of the Product as far as possible. If the replacement of the Product is impossible, FIZZER will refund 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 informed it of the impossibility of replacing the Product.
It is recalled that, when acting as a legal guarantee of conformity, any consumer:
- has a period of 2 (two) years from delivery of the goods to act;
- can choose between repairing or replacing the good, subject to the cost conditions provided for in article L217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 (twenty-four) months following its delivery.
It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
Any consumer can 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 cancellation 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 for herein, the User agrees to comply with the following obligations.
16.1 The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
He is solely responsible for the proper fulfillment of all formalities, in particular administrative, fiscal and/or social, and for all payments of contributions, taxes or duties of any kind which are incumbent upon him, where applicable, in relation to his use of the Services. FIZZER cannot be held liable in this respect.
16.2 The information transmitted by the User in the context of the Orders is necessary for the processing, sending and monitoring of the Orders. FIZZER is authorized to record and use, by computer processing, the information provided by the User. FIZZER may thus send any person who has provided their contact details and consented thereto, postal or electronic mail.
16.3 The User acknowledges having read on the Site the characteristics and constraints, in particular technical, of all the Services. He is solely responsible for his use of the Services.
16.4 The User undertakes to make strictly personal use of the Services. It therefore refrains from assigning, conceding or transferring all or part of its rights or obligations hereunder to a third party, in any way whatsoever.
16.5 The User undertakes to provide FIZZER with all the information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with FIZZER with a view to the proper execution of these presents.
16.6 The User is solely responsible for content of any kind (editorial, graphic, photographic or other), including the name and/or image possibly chosen by the User to identify him on the Site, as well as the photos and texts used for the Products) that it disseminates within the framework of the Services (hereinafter referred to as the " Contents ").
He guarantees to FIZZER that he has all the rights and authorizations necessary for the distribution of this Content.
It undertakes that the said Contents are lawful, do not infringe public order, good morals or the rights of third parties, do not infringe any legislative or regulatory provision and more generally, are in no way likely to the civil or criminal liability of FIZZER.
The User is thus prohibited from disseminating, in particular and without this list being exhaustive:
- Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory,
- abusive, violent, racist, xenophobic or revisionist,
- infringing Content,
- Content detrimental to the image of a third party,
- Content that is false, misleading or that proposes or promotes illicit, fraudulent or deceptive activities,
- Content harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.),
- and more generally Content likely to infringe the rights of third parties or be prejudicial to third parties, in any way and in any form whatsoever.
16.7 The User undertakes that each person represented on this Content has given their consent for the use and distribution of their image. Only single reproduction is authorized for the strictly private use of the User. Any other reproduction, distribution, transmission or publication without the prior consent of the rights holders is prohibited.
FIZZER reserves the right to terminate access to the Service of the User issuing the disputed Content without any prior procedure.
16.8 The User acknowledges that the Services offer him an additional, non-alternative solution for sending the Products and that this solution cannot replace other means that the User may have elsewhere to achieve the same objective.
16.9 The User must take the necessary measures to save by his own means the information in his Personal Space that he deems necessary, of which no copy will be provided to him.
16.10 The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
17. Warranty
The User guarantees FIZZER against any complaints, claims, actions and/or claims that FIZZER may suffer as a result of the violation by the User of any of its obligations or guarantees under the terms of these general conditions.
He undertakes to indemnify FIZZER for any prejudice it may suffer and to pay it all the costs, charges and/or judgments it may have to bear as a result.
18. Prohibited behaviors
18.1 It is strictly prohibited to use the Services for the following purposes:
- the exercise of illegal, fraudulent activities or activities which infringe the rights or the security of third parties,
- breach of public order or violation of the laws and regulations in force,
- intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violate
- integrity or security,
- the sending of unsolicited emails and/or prospecting or commercial solicitation without the explicit consent of FIZZER,
- manipulations intended to improve the referencing of a third-party site,
- aiding or inciting, in any form and in any way, one or more of the acts and activities described above,
- and more generally any practice diverting the Services for purposes other than those for which they were designed.
18.2 Users are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the FIZZER Site.
18.3 The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into FIZZER's systems, (iii) any misappropriation of the system resources of the Site, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructures, (v) any breaches of security and authentication measures, (vi) any acts likely to infringe the rights and financial interests , commercial or moral of FIZZER or users of its Site, and finally more generally (vii) any breach of these general conditions.
18.4 It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Site, as well as to the information which is hosted and/or shared there.
19. Sanctions for breaches
In the event of the User's breach of an obligation arising from these general conditions, FIZZER reserves the right to suspend or terminate his access to all or part of the Services, with immediate effect, by letter, fax or email. The resolution takes effect automatically on the date of sending, by FIZZER, of the writing addressed to the User in application of 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 arise under these general conditions.
20. Responsibility and warranty of FIZZER
20.1 FIZZER undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users expressly recognize and accept. .
20.2 FIZZER does not guarantee to Users (i) that the Services, subject to constant research to improve performance and progress in particular, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way proposed for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.
In any event, the liability likely to be incurred by FIZZER under these conditions is expressly limited to the sole proven direct damage suffered by the User.
20.3 FIZZER cannot be held liable in the event of delays, disruptions to postal services, means of transport and/or communication or in the event of force majeure which would defeat or delay the delivery of the Products.
FIZZER cannot be held responsible for any delay in delivery or loss of the Product which is not directly attributable to it.
No degradation linked to the transport of the Products may call into question the contractual liability of FIZZER.
20.4 The Products and in particular the cards transmitted within the framework of the Service come under private correspondence, FIZZER therefore exercising no a priori control over the messages or the photographs and other Content sent.
Consequently, FIZZER cannot be held responsible for the Content, the authors of which are third parties, any possible complaint having to be directed in the first place to the author of the Content in question.
Content harmful to a third party may be the subject of a notification to FIZZER according to the procedures provided for by article 6 I 5 of law n° 2004-575 of June 21, 2004 for confidence in the digital economy, FIZZER reserving the right to take the measures described in the article "Sanction for breaches", and to transmit the said Content 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 liability for the Content transmitted via the Service. The User is prohibited from storing, downloading or sending any data that is prohibited, illicit, illegal, contrary to morality, decency, or public order and infringing or likely to infringe the rights of third parties.
20.5 FIZZER cannot be held liable by a third party in the event of misuse of the Service, in particular if the User sends an excessive quantity of Products.
FIZZER cannot be held responsible for any indirect damage that the User may suffer during the provision or use of the Service. The parties acknowledge that are considered as indirect damages, any moral, commercial or financial damage as well as any action directed against the User by a third party, this list not being exhaustive.
20.6 The Products may be sent to unintended recipients if the address indicated during the Order is not correct. In this case, FIZZER cannot be held responsible.
20.7 The User undertakes to reimburse FIZZER for any request, claim or condemnation of which he would be the subject following non-compliance with these conditions of use and/or messages transmitted via the Service.
20.8 FIZZER reserves the right, at any time, to modify or interrupt temporarily or permanently all or part of the Service, without having to inform the Users beforehand. FIZZER cannot be held liable towards Users or against any third party for any modification, suspension or interruption of the Service.
20.9 In addition, FIZZER undertakes to carry out regular checks in order to verify the operation 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 impossibilities in accessing the Site which may be caused by circumstances external to it, force majeure, or which may be due to disruptions in telecommunications networks.
20.10 FIZZER cannot be held liable for any inconvenience or damage inherent in the use of the Internet network and totally outside the diligence and precautions taken by FIZZER. In particular, any disruption in the provision of the Service, or any external intrusion or presence of computer virus, cannot engage the responsibility of FIZZER.
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 is less clear than on his screen. FIZZER cannot therefore be held responsible for the poor quality of the photograph which would be due to the User's equipment. FIZZER cannot be held responsible for the poor quality of the printing of the photo due to poor quality or insufficient resolution of the photo downloaded as part of 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 rights. of intellectual property or rights of the producers of databases in force. All disassembly, decompilation, decryption, extraction, reuse, copy 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 legal proceedings.
22. Personal data
FIZZER practices a personal data protection policy, the characteristics of which are explained in the document entitled “Privacy Charter”, which the User is expressly invited to read.
23. Duration of Services, unsubscription
The Services are subscribed for an indefinite period.
The User may unsubscribe from the Services at any time, by sending a request to this effect to FIZZER by email, to the contact details mentioned in Article 2.
Unsubscription is effective within a maximum period of 7 (seven) days from this request. It entails the automatic deletion of the User's Account.
24. Amendments
FIZZER reserves the right to modify these general conditions at any time. In this case, the applicable conditions will be those in force on the date of the User's Order.
The User will be informed of these modifications by any useful means at least 15 days before their entry into force.
The User who does not accept the modified general conditions must unsubscribe from the Services according to the procedures provided for in the article “Duration of the Services, unsubscription”.
Any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.
25. Language
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.
26. Mediation
In the event of a dispute between the User and FIZZER, the User may have free recourse to the following consumer mediator with a view to an amicable resolution:
Justice Conciliators Consumer Mediation Center (CM2C)
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 consumer law dispute resolution platform accessible here.
27. Applicable law and jurisdiction
The User acknowledges and expressly accepts:
(i) that the data collected on the Site and FIZZER's computer equipment are proof of the reality of the operations carried out within the framework of these presents,
(ii) that these data constitute the main mode of proof accepted between the parties, in particular for the calculation of the sums due to FIZZER.
The User can access this data in his User account.
Annex – Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of: FIZZER
144 JEMMAPES QUAY
75010 PARIS, FRANCE
hello@fizzer.com
I hereby notify you of my withdrawal from the contract relating to the provision of services below:
Registration on the Fizzer website on:
Name of User(s):
Address of the User(s):
Signature of the User(s):
(only in case of notification of this form on paper)
Date :
