Terms of service

OVERVIEW
Welcome to Frizaway! The terms "we", "our" and "us" refer to Frizaway. Frizaway operates this store and website, including all related information, content, features, tools, products and services to provide you, as a customer, with a personalized shopping experience (the "Services"). Frizaway is a Shopify-powered store, which allows us to provide the Services to you.

The Terms of Use below, together with all related policies (the "Terms of Service" or "Terms") describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or this Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you give your consent to allow any of your minor dependents to use the Services on devices that you own, purchase or manage.
To use the Services, including to access or browse our online stores, or to purchase any of the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is correct, current and complete and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities on your account. You may not transfer, sell, assign or sublicense your account to another person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store, your device settings and configuration.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or will be the same as described or rendered in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Frizaway reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until Frizaway has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Frizaway may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, modify or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time of the order.
Your purchases may only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that your purchases are for your personal or domestic use and not for commercial resale or export.

SECTION 4 - PRICING AND BILLING
Prices, discounts and promotions may change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling charges, customs or import duties.
Prices displayed in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. We may from time to time offer promotions on the Services that may affect pricing and that are governed by Terms of Use separate from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos and audio, as well as the design, selection and arrangement thereof, are the property of Frizaway, its affiliates or its licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms authorize you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Frizaway, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved to Frizaway.

SECTION 7 - OPTIONAL TOOLS
You may have access to third-party customer tools offered as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you choose to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not responsible for any injury or damage related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Frizaway is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases you make in our Store are made directly with Frizaway. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Frizaway. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from your purchases and transactions with Frizaway.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable and fully royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback on any medium and for any purpose, including commercial purposes.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Information on or in the Services may occasionally contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice.

SECTION 13 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or national regulation, rule, law or local ordinance; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to upload, download, use or reuse any material that does not comply with these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY FRIZAWAY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FRIZAWAY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Frizaway, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorney's fees, arising out of or resulting from (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and us.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement without our prior written consent.

SECTION 21 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of France. You and Frizaway agree to the venue and personal jurisdiction of French courts.

SECTION 22 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change or replace any part of these Terms of Service by posting updates on our website. Your continued use of or access to the Services after any changes constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@frizaway.com.
Frizaway
32 Boulevard Capdevila, 84000 Avignon, France
contact@frizaway.com