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PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SITE OR ORDERING ANY PRODUCTS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE AND/OR ORDER ANY PRODUCT. BY USING THE SITE AND/OR ORDERING ANY PRODUCT YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS.
Façonnable is a registered company under company number RCI 08S04869 /D.S.E.E. 514C13045 with registered office in Monaco.
Our VAT number is FR 23000080837
Our contact details are the following:
« Le Copori »
9, avenue Albert II
+377 99 99 70 90
The Site and the related Products are only intended for individuals resident in the following serviced countries:
France, Germany, Belgium, Luxemburg, Netherlands, UK, Italy, Spain, Portugal, Switzerland, Austria, Finland, Norway, Ireland, Greece, Denmark, Sweden, Bulgaria, Cyprus, Estonia, Hungary, Iceland, Latvia, Lithuania, Malta, Poland, Romania, Czech Rep.
Façonnable does not accept orders of Products from individuals resident or located outside said Serviced Countries.
The orders of Products placed through the Site are exclusively intended for end users for personal and non-commercial purposes, excluding any resale of Products in any manner. The resale and/or distribution of Products obtained through the Site are exclusively prohibited by these Terms.
By using the Site or placing an order of Products through this Site, you warrant that:
Façonnable reserves the right to modify the Site and the Terms at any time, in particular to reflect changes in market conditions affecting our activities, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Façonnable system's capabilities. Subject to article 24.1 below, in the event that Façonnable modifies the Terms, Façonnable’s revised Terms shall be effective immediately upon the posting on the Site of such revised Terms. Your continued use of the Site following the posting of any revised Terms shall be deemed to conclusively indicate your acceptance of such revised Terms. Accordingly, you should - and undertake to - periodically re-review these Terms.
This Site contains or uses certain contents and material, including written materials, third party information, software, source and/or object code, data, images, video, music, sounds, trademarks, text, graphics, logos, button icons, audio clips, digital downloads, data compilations, patents (collectively “Content”), which is derived in whole or in part from material supplied by Façonnable and other sources or is the property of Façonnable or its content suppliers, and may be protected by the applicable national and international copyright and intellectual property laws and other laws, rules and regulations. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content without Façonnable’s prior written permission.
Façonnable does not permit the use of its trademarks, intellectual property rights, names or its products names in advertising, as an endorsement for any product or service or for any other commercial purpose without express prior written permission. Similarly, Content may not be used without express prior written permission.
You may not remove any copyright, trademark or other intellectual property or proprietary notice contained on the Site or any of the Content.
You may use the Site and the Content offered on the Site only for personal, non-commercial purposes and in accordance with the Terms. You may use Content offered for downloading (if any) for personal and non-commercial use only and subject to the rules that accompany that particular Content. You may not use any Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining software, robots, spiders, web-crawlers, or similar data gathering and extraction tools on the Content, frame any portion of the Site or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without Façonnable prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
You may use the Site for lawful purposes only. You may not submit or transmit through the Site any material of any kind, or otherwise engage in any conduct that:
You may not attempt to gain unauthorized access to the Site or any services, user accounts, computer systems or networks, through hacking, password mining or any other unauthorized means and you may not reverse engineer, decompile or disassemble the Site or any Content.
You may not use the Site or any communication tools made available to you through the Site to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about Façonnable’s users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.
The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error.
These prices are in Euros and include VAT but exclude delivery costs, which will be added to the total amount due.
Prices may change from time to time, but changes will not affect orders in respect of which Façonnable has already sent you a Confirmation.
During the ordering of Products process, you will be requested to select a shipping method.
Façonnable will inform you of the shipping costs in the order of Products summary displayed on the Site before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the Products ordered.
If you order Products from the Site, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be sole responsible for payment of any such import duties and taxes. Please note that Façonnable has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. Façonnable will not be liable for any breach by you of any such laws.
Payment for all Products must be by credit or debit card.
Façonnable accepts payment with: Visa, Mastercard; American Express
Façonnable will not charge your credit or debit card until Façonnable dispatches your order.
The ordered Products remain the property of Façonnable and no property in or title to the ordered Products shall pass to you until full payment for the Products has been effectively received by Façonnable.
You assume the risks (in particular the loss, theft or damage) relating to the delivered Products from the date of the delivery, including in case of return to Façonnable of the Products.
When you return a Product to Façonnable because you have cancelled the order within the thirty-day period (see article 9 above), Façonnable will process the refund due to you as soon as possible. In this case, Façonnable will refund the price of the Product in full, including the cost of sending the Products to you. However, you will be and remain responsible for the cost of returning the relevant Products to Façonnable.
Façonnable will usually refund any money effectively received from you using the same method originally used by you to pay for your order. However, Façonnable reserves the right to refund any money effectively received from you using another same method than the method originally used by you to pay for your order.
Products and related prices are valid as seen on the Site, subject to availability. Information about the availability of the Products will be given during the Products ordering process.
Exceptionally, amendments may be made, especially in cases of simultaneous orders of the same Products by several customers, even if the relevant Confirmation has been sent to you. If a product is unavailable after ordering, you will be informed by email or by phone as soon as possible. You will then be able to order an alternative from Site or cancel your order. If you choose to cancel your order, you will be refunded immediately if your charge or credit card has been debited.
Façonnable reserves the right to change at any time and without any notice the Products proposed on the Site.
Applicable laws, rules or regulations may require that some of the information or communications Façonnable sends you should be in writing. When using the Site, you accept that communication with Façonnable will be mainly in electronic form. Façonnable will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Façonnable provides to you electronically comply with any legal requirement that such communications be in writing.
Façonnable does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that users draw from the information presented on the Site are their own and are not to be attributed to Façonnable. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In the event that you create an account or profile through the Site and are provided with user identification names, numbers or codes and/or passwords (“Access Credentials”) in connection with your use of this Site, you agree to keep your Access Credentials strictly confidential and not share them with anyone else. You are responsible for any misuse of the Site or any Content by anyone using your Access Credentials. Accordingly, you should take affirmative precautions to ensure that no one else uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notify Façonnable if your Access Credentials need to be changed or cancelled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials. Façonnable may terminate your access to, and use of, the Site immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms.
Façonnable warrants to you that any Product purchased through the Site is of satisfactory quality.
THE CONTENT AVAILABLE ON THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FAÇONNABLE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FAÇONNABLE DOES NOT WARRANT THAT THE SITE, THE CONTENT OR ANY SITE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES WORMS, TROJAN HORSES, OTHER DESTRUCTIVE MATERIAL OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE DISCOVERED AND/OR CORRECTED.
FAÇONNABLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT FAÇONNABLE) ASSUME THE ENTIRE COST OF ALL NECESSARY FOR YOU TO ACCESS AND USE THE SITE.
FAÇONNABLE'S LIABILITY RESULTING FROM THE CONTRACT, THE PRODUCTS AND YOUR USE OF THE SITE IS EXPRESSLY EXCLUDED IN THE FOLLOWING CASES:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FAÇONNABLE, ITS SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR SITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FAÇONNABLE IS NOT LIABLE FOR ANY CONDUCT OF ANY USER.
IN PARTICULAR, FAÇONNABLE IS NOT RESPONSIBLE FOR INDIRECT LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, REVENUE, PROFITS, OR BUSINESS.
Façonnable will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Terms of any applicable laws, rules or regulations that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Façonnable's performance under the Terms of any applicable laws, rules or regulations is deemed to be suspended for the period that the Force Majeure Event continues, and Façonnable will have an extension of time for performance for the duration of that period.
You agree to defend, indemnify, and hold harmless Façonnable and its owners, principals, affiliates, subsidiaries licensors and licensees and their directors, officers, employees, contractors and representatives from any and all liabilities, claims, judgments and expenses, including attorney’s and expert’s fees and court costs, that arise from (i) your use or misuse of the Site; (ii) your violation of these Terms; (iii) your violation of any law or third party right, including without limitation any third party’s patent, trademark, trade secret, copyright, publicity/privacy or other intellectual property or proprietary rights of any third party; and/or (iv) any use or misuse of your Access Credentials.
Façonnable will give you notice in the event of an indemnifiable event. Façonnable reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Façonnable in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms and your right to use the Site.
These Terms are, as between you and Façonnable, effective from the first time you use the Site. Amended Terms concerning the use of the Site in accordance with article 5 above will apply upon the posting on the Site of such revised Terms.
Relevant provisions of the Terms applicable to Products and order of Products, delivery of ordered Products, shipping of ordered Products, payment of ordered Products, returns of ordered Products and related representation and warranties are those effective on the date you placed the relevant order of Products followed by the relevant Confirmation, unless any change to the Terms is required to be made by applicable laws, rules or regulations (in which case it can apply to orders previously placed by you), or if Façonnable notifies you of the change to the Terms before Façonnable sends you the relevant Confirmation (in which case you will be provided with the right to cancel the relevant Order if you do not agree with the revised Terms).
In terms of non-compliance by you of any of provisions of the Terms or applicable laws, rules or regulations applicable to your use of the Site, you agree that Façonnable may at any time, with or without notice, terminate your Façonnable account, or access to the Site.
Without prejudice to Façonnable obligations relating to previous valid and lawful order of Products that you have validly and lawfully placed in accordance with the applicable Terms, termination of your Façonnable account may include (1) removal of access to all Façonnable services, (2) deletion of your password, related information, Access Credentials, files and content associated with your account, and (3) prohibiting further use of the Site.
Without prejudice to your obligations relating to previous valid and lawful order of Products that you have validly and lawfully placed in accordance with the applicable Terms, you are entitled to terminate your Façonnable account at any time, provided that you agree that Façonnable may be under the obligations to maintain and store during a certain period after your termination your Façonnable account information, such as your password, related information, Access Credentials, files and content associated with your account for legal, tax, administrative or other reasons imposed to Façonnable by applicable laws, rules or regulations.
Any restrictions with respect to any Content of - or downloaded from - the Site, the disclaimers and limitations of liabilities, and indemnification obligations, shall survive the termination of these Terms.
Façonnable makes no representation that Content of - or any services or Products available through - the Site are appropriate or available for use in locations outside the Serviced Countries. Accessing the Site from territories where the Site Content is illegal is strictly prohibited. Those who choose to access the Site from locations outside Serviced Countries do so at their own risk and at their own discretion, and are responsible for compliance with all applicable local laws, rules and regulations.
These Terms shall be governed by and construed in accordance with the law of Monaco. Any applicability of the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. The language of these Terms is English. In the event of a dispute, the Monegasque courts shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Façonnable’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Façonnable with respect to your use of the Site and the Products and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Façonnable with respect to subject-matter hereof.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Façonnable without restriction, provided that such transfer or assignment of the rights and obligations under the Terms of Façonnable towards you will remain unchanged.
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