General Terms

GENERAL TERMS AND CONDITIONS OF SALE AND USE

These General Terms and Conditions of Sale, hereinafter referred to as the “Terms and Conditions”, are entered into between, on the one hand, Porinetia, a company governed by French law, registered under number 105 806 780 with the Paris Trade and Companies Register, having its registered office at 6 rue d’Armaillé, 75017 Paris, France, operating under the brand name Fyzura, and, on the other hand, any person who has visited and/or made a purchase on the website https://www.fyzura.com, hereinafter referred to as the “User”.

Any purchase or visit to the website, hereinafter referred to as the “Website”, automatically implies full acceptance of these Terms and Conditions.

As a preliminary matter, the terms used in these Terms and Conditions are defined below.

PRELIMINARY ARTICLE

Customer: any User of the Website who has a customer account on the Website and/or who purchases a Product through the Website. Each Customer is a User of the Website.

Order: the process by which the Customer selects the Products they wish to purchase on the Website. The Order is finalized when the Customer has selected the Products they wish to have delivered, chosen the delivery options, and completed payment for these Products.

Product: refers to any product that can be viewed or purchased on the Website by a User. This may be a product displayed on the Website and not yet purchased by the User, or a product displayed, or not displayed, on the Website and purchased by the User.

User: any person who accesses the Website, whether or not they are a Customer.

Website: the internet page https://www.fyzura.com and all related internet pages.

ARTICLE 1 – PURPOSE AND SCOPE OF THE TERMS AND CONDITIONS

  1. These Terms and Conditions define the conditions under which Users may access or use the Website.

  2. The parties are bound by all terms, conditions, and policies described herein, as well as by any additional terms referred to in these Terms and Conditions.

  3. By visiting any part of this Website and/or purchasing a Product, each User agrees, without restriction or reservation, to comply with these Terms and Conditions.

  4. These Terms and Conditions are presented to Users for acceptance prior to any Order placed on the Website. These Terms and Conditions are considered an offer, acceptance of which is strictly limited to the terms, conditions, and policies defined in paragraph 2 of this article.

  5. Any new tools, features, Products, or services added after the publication date of these Terms and Conditions shall also be subject to these Terms and Conditions.

ARTICLE 2 – CURRENT VERSION OF THE TERMS AND CONDITIONS

  1. The applicable version of the Terms and Conditions is the latest version available on the Website.

  2. Porinetia is free to update, modify, or replace any part of these Terms and Conditions at any time and without prior notice, in order to take into account any administrative order or recommendation, as well as any legal, case-law, and/or technical development. When finalizing a new Order, the Customer accepts the Terms and Conditions in force on the date of said Order. Each User is responsible for regularly checking updates to these Terms and Conditions on the Website.

  3. The User’s access to the Website and/or use of any feature of the Website after the publication of any modification to these Terms and Conditions constitutes acceptance by the User of the updated Terms and Conditions. If a User refuses the Terms and Conditions or any subsequent modifications, they must stop using the Website.

ARTICLE 3 – CONDITIONS OF USE OF THE WEBSITE

  1. The Website is hosted by Shopify Inc., provider of the e-commerce digital platform that allows Fyzura to present and sell its Products and services.

  2. By accepting these Terms and Conditions, the User expressly declares that they have reached the age of majority in their country, state, or province of residence, and that they have given their consent to allow any minor under their responsibility to use the Website.

  3. If the User is a legal entity, they must be duly represented in accordance with applicable law, which they expressly acknowledge and accept.

  4. The User undertakes not to use the Products or services of this Website for any illegal or unauthorized purpose.

  5. The User undertakes not to jeopardize the proper functioning of the Website through the use of computer tools such as worms, viruses, or any other code or computer process that may be harmful to the Website.

  6. The Website service, its operation, and any part or content of the Website service may be interrupted at any time by Porinetia, without prior notice or any other prior information to the User. Porinetia shall not be responsible for any suspension or interruption of the service, any part of the Website service, or its operation.

ARTICLE 4 – GENERAL CONDITIONS

  1. Porinetia reserves the right to refuse access to the services to any person at any time and for any reason. In addition, Porinetia reserves the right to limit the sale of Products or services in any geographical area or jurisdiction.

  2. Porinetia reserves the right to limit the quantities of any Product or service it offers.

  3. The User acknowledges and accepts that all Product descriptions and Product prices may be modified at any time without prior notice, at the sole discretion of Porinetia.

  4. Porinetia reserves the right to stop offering any Product at any time without prior notice, at its sole discretion.

  5. Porinetia acknowledges that any offer of a Product or service presented on its Website is void where prohibited by law.

ARTICLE 5 – PRICES

  1. The User acknowledges and accepts that the price of the Products may be modified without prior notice. In particular, such modifications may occur due to variations in raw material prices, logistics costs, or any other reason. Porinetia shall not be responsible for the consequences of such price changes.

  2. The prices of the Products applied to the Customer are those displayed on the Website at the time of the Order.

  3. Product prices are shown in euros, including all taxes.

ARTICLE 6 – PRESENTATION OF ITEMS

  1. The User declares that they have been informed that photographs of the Products are displayed on the Website, allowing the clearest possible presentation of the appearance of the Products, particularly with regard to their color.

  2. The User acknowledges that Fyzura cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints related to displaying photographs on the Website, or differences between the screens of Users’ electronic devices.

  3. The User acknowledges and accepts that Fyzura does not guarantee that the quality of all Products, services, or information will meet the User’s expectations, nor that any error in the service or operation of the Website will be immediately and systematically corrected by Fyzura.

  4. The User acknowledges and accepts that the Website may contain typographical errors, inaccuracies, or omissions relating to Product descriptions, prices, promotions, offers, Product shipping costs, delivery times, and Product availability. Fyzura reserves the right to correct any error, inaccurate information, or omission, and to modify or update information or cancel Orders if any information on the Website is inaccurate, at any time and without prior notice, including after an Order has been placed by a Customer.

  5. The User acknowledges and accepts that Fyzura is not required to update, modify, or clarify information on the Website or on any associated website, including but not limited to pricing information, unless such clarification is required by law.

  6. The User declares that they have full knowledge of the provisions of this article and therefore agrees not to hold Fyzura liable in this respect, except in cases provided for by law.

ARTICLE 7 – OPTIONAL TOOLS

  1. Fyzura may, in certain cases, provide access to third-party tools over which it has no monitoring, control, or influence, which the User acknowledges.

  2. The User expressly acknowledges and accepts that Fyzura provides access to such tools “as is” and “as available”, without any warranty, representation, or condition of any kind, and without any approval required from the User.

  3. The User expressly acknowledges and accepts that the use of optional tools available on the Website is at their own risk and discretion. Fyzura recommends that the User review the terms applicable to these tools by the relevant third-party provider or providers.

  4. The User declares that they have full knowledge of the provisions of this article and therefore agrees not to hold Fyzura liable in this respect, resulting from or related to the use of these optional third-party tools, except in cases provided for by law.

ARTICLE 8 – THIRD-PARTY LINKS

  1. The User acknowledges that certain content, Products, and services available through the Website may include elements from third parties.

  2. The User acknowledges that third-party links on this Website may redirect them to third-party websites that are not affiliated with Fyzura. Fyzura is not required to review or evaluate the content or accuracy of these websites and does not guarantee or assume any responsibility for any content, website, product, service, or other item accessible on or from these third-party websites.

  3. The User expressly acknowledges and accepts that Fyzura is not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transaction carried out in connection with these third-party websites.

  4. Fyzura warns the User that they must carefully read and understand the policies and practices of third parties before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products must be submitted to those third parties.

ARTICLE 9 – USER COMMENTS, SUGGESTIONS, AND OTHER SUBMISSIONS

  1. The User expressly acknowledges and accepts that, if they submit specific content to Fyzura or about Fyzura, or communicate creative ideas, suggestions, proposals, plans, and/or other elements intended to improve the Website, the Products, or the Fyzura service, whether online, by email, by post, or by any other means of communication, including by posting comments on the Website, Fyzura reserves the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media all such comments submitted to Fyzura.

  2. The User expressly acknowledges and accepts that Fyzura is not required to:

  1. maintain the confidentiality of such comments;

  2. pay any compensation or remuneration to anyone for such comments;

  3. respond to or publish such comments.

  1. The User expressly acknowledges and accepts that Fyzura has the right, but no obligation, to monitor, modify, or remove content communicated or published on the Website that Fyzura, at its sole discretion, considers illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, vulgar, or otherwise objectionable, or that infringes any intellectual property right or these Terms and Conditions.

  2. The User undertakes to write respectful and courteous comments that do not violate the rights of third parties, including copyright, trademarks, confidentiality, personality rights, or other personal or property rights.

  3. The User undertakes to write comments and communicate with Fyzura without using a false email address, pretending to be someone they are not, or attempting to mislead Fyzura staff and/or third parties as to the origin of their comments.

  4. The User acknowledges that they are fully responsible for all comments they publish, their consequences, and their accuracy. Fyzura assumes no responsibility and declines any commitment regarding any comment published by the User.

ARTICLE 10 – PERSONAL INFORMATION

The submission of the User’s personal information is governed by Fyzura’s Privacy Policy, available on the Website.

ARTICLE 11 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

  1. The Customer expressly undertakes and agrees to provide all Order and account information that is up to date, complete, exhaustive, accurate, and truthful regarding all Orders placed on the Website.

  2. The Customer expressly undertakes and agrees to keep all account information up to date, including their email address, credit card numbers, and expiration dates, for the proper execution of the Order placed. Fyzura shall not be held liable in this respect.

  3. Fyzura reserves the right to limit or prohibit Orders that, in its sole judgment, may appear to come from dealers, resellers, or distributors.

ARTICLE 12 – PROHIBITED USES

The User expressly undertakes and agrees not to use the Website or its content for illegal purposes, to encourage third parties to carry out illegal acts, to infringe or violate the intellectual property rights of Fyzura or third parties, to submit false, misleading, and/or defamatory information to the public, to collect or track the personal information of others, to spam, phish, pharm, pretext, crawl, scrape, or scan the web, or to interfere with or circumvent the Website’s security measures.

ARTICLE 13 – ORDER

  1. The User may browse the Website without any obligation to purchase. To place an Order, the Products must be selected by the Customer and added to their cart. It is not necessary to create a personal account on the Website to place an Order.

  2. Once the Order has been finalized, acceptance is confirmed by Fyzura by sending an email to the address provided by the Customer when placing the Order. The Order is finalized once the Customer has fully completed payment and the payment has been received by Fyzura.

  3. The Customer expressly acknowledges and accepts that an Order that has been finalized and is in the process of being shipped cannot be cancelled.

  4. Once the Order has been finalized, Fyzura undertakes to automatically send a tracking number to the Customer at the email address provided when creating an account on the Website or when placing the Order. The Customer is required to save this tracking number and, if they do not receive it, to check their spam folder and/or email filters. The Customer expressly acknowledges and accepts that Fyzura cannot be held responsible for the loss, incorrect recording, or lack of diligence by the Customer in retrieving the tracking number.

  5. Once the Order has been finalized, Fyzura undertakes to send the Products within 3 to 5 business days. The Customer expressly acknowledges and accepts that this period may be extended due to the occurrence of a force majeure event as defined by French case law and the French Civil Code, or due to any other event that was not reasonably under Fyzura’s exclusive control.

  6. Fyzura undertakes to fulfill validated Orders within the limits of available stock. The User expressly acknowledges and accepts that Fyzura reserves the right to refuse any Order placed by a User in the event of stock shortage or due to the occurrence of a force majeure event as defined by French case law and the French Civil Code, or due to any other event that was not reasonably under Fyzura’s exclusive control, including an excessive and sudden increase in Fyzura’s order volume concerning one or more Products.

  7. The User expressly acknowledges and accepts that Fyzura reserves the right, at its sole discretion, to reduce or cancel quantities purchased per person, household, or Order. These restrictions may include Orders placed by or from the same customer account, the same credit card, and/or Orders using the same billing and/or shipping address.

  8. In the event of modification or cancellation of an Order, Fyzura will inform the Customer by contacting them by email and/or by phone using the details provided by the Customer, and/or by post to the billing address.

ARTICLE 14 – DELIVERY, EXCHANGE, RETURN

  1. Delivery costs are specified on the Website inclusive of all taxes and are displayed to the Customer when placing the Order. The Customer must accept them when validating the Order.

  2. The Customer expressly acknowledges and accepts that delivery costs depend on the territory of the Product’s delivery address.

  3. Since Fyzura uses external service providers, including carriers, postal services, logistics providers, and various delivery providers, for the dispatch and delivery of Products, Fyzura depends on these third parties and is fully subject to their performance. Consequently, the User expressly acknowledges and accepts that the shipping and delivery times indicated on the Website and in these Terms and Conditions may be extended due to these third-party providers, without Fyzura being responsible for delivery delays or any consequences that may result from them.

  4. The Customer expressly acknowledges and accepts that the automated tracking showing delivery, associated with the tracking number automatically provided to the Customer under the conditions of Article 13, paragraph 4, shall serve as proof between the Parties of the proper receipt of the Product. In addition, the Customer expressly acknowledges and accepts that they are required to provide any evidence of non-delivery, which they undertake to provide as soon as possible to Fyzura so that its customer service may, at its sole discretion and after reviewing the evidence provided by the Customer, decide whether to resend identical Products to those ordered by the Customer, at no additional cost to the Customer.

  5. In accordance with Article L.221-28 of the French Consumer Code, the Customer expressly acknowledges and accepts that Products cannot be subject to an exchange or refund request, except where the Products delivered are defective within the meaning of the French Civil Code, meaning Products that do not provide the safety that a reasonable person may legitimately expect. In this case, the Customer must provide all evidence of the Product’s safety defect as soon as possible to Fyzura, failing which Fyzura will not proceed with any exchange or refund, which the Customer expressly acknowledges and accepts.

  6. Product delivery takes place within 2 to 10 business days after shipment of the Product. The Customer is informed that, on average, Products are delivered within 4 business days after shipment.

  7. The User expressly acknowledges and accepts that a temporary stock shortage caused by high demand may slow down Product dispatch and increase the shipping time by 1 to 6 business days.

ARTICLE 15 – LIMITATION OF LIABILITY AND LEGAL WARRANTIES

  1. The User expressly acknowledges and accepts that Fyzura’s liability under the obligations of these Terms and Conditions shall not be incurred if the non-performance of its obligations is attributable to the act of a third party, even if foreseeable, to the Customer’s fault, to the occurrence of a force majeure event as defined by French case law and the French Civil Code, or to any other event that was not reasonably under Fyzura’s exclusive control.

  2. The User expressly acknowledges and accepts that Fyzura declines all liability for damages of any kind, including damages resulting from the use of the Website or from ordering Products. This may include damages resulting from interruption of the Website service, slowdown of the Website service, security or data protection breaches, errors on the Website, or harm to the reputation and image of the User and/or Customer due to the above failures. Fyzura shall under no circumstances be held responsible for an interruption of all or part of the Website, regardless of the cause, duration, or frequency of such interruption.

  3. The User expressly acknowledges and accepts that their use of the Website, or inability to use it, is at their sole risk. The Website is provided “as is”, and the Products and services are provided “as is” and “as available” for the User’s use.

  4. Fyzura, its directors, officers, employees, affiliated companies, agents, contractors, interns, suppliers, service providers, and licensors shall under no circumstances be held liable for any injury, loss, claim, or any type of damage, including but not limited to loss of profits, revenue, savings, data, replacement costs, or similar damages, whether contractual, tortious, including negligence, strict liability, or otherwise, resulting from the User’s use of any service or Product from the service, or for any other claim related in any way to the User’s use of the service or any Product, including but not limited to any error or omission in any content, or any loss or damage of any kind arising from the use of the service or any content or Product published, transmitted, or otherwise made available through the service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, Fyzura’s liability shall be limited to the maximum extent permitted by law.

  5. In accordance with the provisions of the French Consumer Code, the Customer has a period of 14 full days to exercise their right of withdrawal without having to provide any reason or pay any penalty, except for return costs. The right of withdrawal may only be exercised if the Products have not been unpacked, opened, damaged, or used by the Customer; otherwise, the Products cannot be returned.

  6. The period starts from the day the Product is received by the Customer. The Customer must contact Fyzura at contactfyzura@gmail.com as soon as possible to notify Fyzura of the exercise of their right of withdrawal.

  7. In the event of a successful withdrawal by the Customer, Fyzura undertakes to refund all sums received for the Order placed by the Customer within 14 days following receipt of the Products by Fyzura.

  8. If Fyzura finds that the Product returned by the Customer is damaged, used, or in a condition that does not correspond to the condition in which it was sent, no refund will be issued by Fyzura. This rule also applies in the absence of the original label or packaging.

  9. Fyzura is responsible for the conformity of the Products upon delivery, and the Customer may invoke the non-conformity of the delivered Product within the meaning of Article L.217-5 of the French Consumer Code.

  10. The Customer has a period of 2 years from delivery of the Product to report any non-conformity to Fyzura and choose whether they wish the Product to be repaired or replaced. In accordance with Article L.217-8 of the French Consumer Code, Fyzura reserves the right not to follow the Customer’s choice if this choice results in a cost that is clearly disproportionate compared with the other option, taking into account the value of the Product or the significance of the defect affecting the Product.

  11. Fyzura guarantees the Customer against hidden defects in the Product in accordance with Article 1641 of the French Civil Code.

  12. The Customer’s warranty is expressly excluded in the event of deterioration or damage to the Product due to use that does not comply with its intended purpose or due to the Customer’s fault. This includes, without limitation, failure to comply with the Product’s precautions for use, unusual handling, lack of diligence in the proper use of the Product by the Customer or a third party, transport of the Product, exposure to substances incompatible with the use of the Product, or modification, handling, or customization of the Product by the Customer or a third party.

  13. The warranty is expressly excluded if the Product is returned by the Customer in a condition other than that in which it was delivered to the Customer. The warranty applies only if the Product is returned with its original packaging, accessories, user instructions, labels, and all other elements present at the time of delivery.

ARTICLE 16 – CHARGEBACKS, BANK DISPUTES, AND EXCLUSION OF WARRANTY

In the event of a payment dispute, chargeback request, or dispute initiated by the Customer with their bank, payment institution, or any third-party organization, any request for a refund, return, “satisfied or refunded” guarantee, or claim made to Fyzura is automatically suspended and definitively excluded.

This exclusion applies from the opening of the chargeback procedure, regardless of the reason invoked by the Customer or the final outcome of the request, whether accepted, refused, or partially accepted.

The Customer acknowledges that a chargeback procedure constitutes an external and unilateral remedy, preventing Fyzura from processing the request under normal customer service conditions.

Consequently, from the opening of such a procedure:

No additional refund may be granted,
No product return may be accepted,
No commercial guarantee may be applied,
No compensation may be requested.

Fyzura invites the Customer to contact its customer service team as a priority in order to seek an amicable solution before taking any action with a banking institution.

ARTICLE 17 – INDEMNIFICATION

The User expressly agrees to indemnify, defend, and hold harmless Fyzura, as well as its parent company, subsidiaries, affiliated companies, partners, officers, agents, directors, licensors, contractors, service providers, subcontractors, suppliers, interns, and employees, against any claim or demand, including reasonable attorneys’ fees, made by any third party and based on the User’s violation of these Terms and Conditions or the documents referenced herein.

ARTICLE 18 – SEVERABILITY

If any provision of these Terms and Conditions is deemed illegal, void, or unenforceable, that provision shall be considered separate from the other provisions of these Terms and Conditions, which shall remain valid and enforceable. Such separation shall not affect the validity and enforceability of all remaining provisions.

ARTICLE 19 – TERMINATION

The obligations and liabilities incurred by the parties prior to the termination date of these Terms and Conditions shall remain in force after termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated. The User may terminate these Terms and Conditions at any time by notifying Fyzura that they no longer wish to use Fyzura’s services or Website.

The User expressly acknowledges and accepts that if they fail, or if Fyzura suspects that the User has been unable to comply with the terms of these Terms and Conditions, Fyzura may terminate this agreement at any time without prior notice. In such case, the User shall remain liable for all amounts due up to and including the termination date, and/or may be denied access to Fyzura’s services and/or the Website, or any part thereof.

ARTICLE 20 – NON-WAIVER

Fyzura’s failure to exercise any rights granted to it under these Terms and Conditions shall under no circumstances be interpreted as a waiver of the right to assert those rights.

Any ambiguity regarding the interpretation of these Terms and Conditions shall not be interpreted against the drafting party.

ARTICLE 21 – APPLICABLE LAW

These Terms and Conditions, as well as any separate agreement through which Fyzura provides services, shall be governed by and interpreted in accordance with the laws in force in France, which the User expressly acknowledges and accepts.

ARTICLE 22 – CONTACT DETAILS

Users may ask questions relating to these Terms and Conditions at the following address:

contactfyzura@gmail.com