Terms of sale

OVERVIEW

This website is operated by Frenchy Candy. Throughout the site, the terms "we", "our", and "us" refer to Frenchy Candy. This website, including all information, tools, and services provided, is offered to you by Frenchy Candy, provided you accept all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from our company, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms of Use"), including those terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/or content contributors.

Please read these Terms of Use carefully before accessing or using our website. By accessing any part of the site or using it, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.

Any new tools or features added to the current store will also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. By continuing to access or use our website after the posting of changes, you accept those changes.

Our store is hosted by Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS OF USE

By accepting these Terms of Use, you represent that you are of legal age in your state, province, or country, or that you have given us consent for any minor dependent to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction when using the Service (including, but not limited to, copyright laws).

You may not transmit any viruses or other destructive code.

Any breach or violation of any of the Terms will result in the immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason.

You understand that your content (except for credit card information) may be transferred unencrypted and that it may involve (a) transmissions over multiple networks; and (b) changes made to comply with and adapt to technical requirements of connecting networks or devices. Your credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, any use of the Service, or any access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete, or current. The content of this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information. If you rely on the content of this site, you do so at your own risk.

This site may contain certain historical information. Historical data, by definition, is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – SERVICE AND PRICE MODIFICATIONS

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We will not be liable to you or any third-party for any price changes, modification, suspension, or discontinuation of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Return Policy for returns or exchanges.

We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or other materials you purchase or obtain will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 – BILLING AND ACCOUNT INFORMATION ACCURACY

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make changes to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was placed.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more information, please refer to our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control, or manage.

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 approval. We have no liability for anything that results from or is related to your use of the third-party optional tools.

Any use by you of optional tools offered through the site is entirely at your own discretion and at your own risk. Furthermore, it is your responsibility to familiarize yourself with the terms under which these tools are provided by the third-party providers and accept them.

In the future, we may also offer new services and/or features through the site (including the release of new tools and resources). Such new services and/or features will also be subject to these Terms of Use.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party sites, nor do we guarantee or assume any responsibility for the content, products, or services of these third-party websites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review carefully the third-party policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those same third parties.

SECTION 9 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, entries to contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate, and otherwise use in any media any comments you provide. We are under no obligation to (1) maintain the confidentiality of the comments; (2) compensate anyone for any comments provided; or (3) respond to comments.

We may, but are not obligated to, remove content and Accounts containing content that we deem, at our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes the intellectual property or these Terms of Use.

SECTION 10 – PERSONAL INFORMATION

The submission of your personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

There may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 in the Service or on any related website is inaccurate, at any time and without notice (including after you have submitted your order).

We are under no obligation to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied to the Service or any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to encourage others to engage in illegal acts or participate in them; (c) to violate any local or international laws, rules, or regulations; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other harmful code that may compromise the functionality of the Service or any related website; (h) to collect or track personal information of others; (i) to spam, phish, pharm, divert domains, extort information, scrape, scan, or crawl the web; (j) for obscene or immoral purposes; or (k) to disrupt or bypass the security measures of the Service or any related website. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, secure, timely, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that, from time to time, we may remove the Service for indefinite periods or cancel it at any time without notice.

You expressly agree that your use of the Service, or inability to use it, is at your own risk. The Service, along with all products and services provided to you through the Service, is provided "as is" and "as available" for your use, without any warranties of any kind, either express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title, and non-infringement.

Frenchy Candy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to, loss of profits, revenue, savings, or data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products or services accessed through the Service, or any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or made available through the Service, even if we have been 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, our liability in such states or jurisdictions will be limited to the fullest extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Frenchy Candy and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any laws or the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms of Use, such determination will not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and responsibilities incurred by the parties prior to the termination date will remain in effect after the termination of this agreement for all purposes.

These Terms of Use will remain in effect unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If we determine or suspect, at our sole discretion, that you have failed or not complied with any term or provision of these Terms of Use, we may also terminate this agreement at any time and without notice. You will remain liable for all amounts due up until the termination date (including) and we may deny you access to our Services (or any part of them).

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use or any other policies or rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 57 rue Robert Desnos, Antibes, 06600, France.

SECTION 19 – CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check our website periodically for changes. By continuing to access or use our website and the Service after the posting of changes to these Terms of Use, you accept those changes.

SECTION 20 – CONTACT INFORMATION

Questions regarding the Terms of Use should be sent to us at contact@frenchycandy.com.