Terms of Service

Overview

Welcome to FLOAVI! The terms "we", "us" and "our" refer to MA-SENIOR (trading as FLOAVI). We operate this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Our store is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty 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 or our Privacy Policy, please do not use or access our Services.

Section 1 — Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.

Section 2 — Our Products

We have made every effort to provide an accurate representation of our products and services. However, colours or product appearance may differ from how they appear on your screen due to device type, settings and configuration. We do not warrant that the appearance or quality of any products purchased will meet your expectations or be identical to depictions in our store.

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 quantities available 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. FLOAVI reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until FLOAVI confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as FLOAVI may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, modify or cancel an order, we will attempt to notify you via the email, billing address or phone number provided at the time of the order. Your purchases are subject to return or exchange solely in accordance with our Refund & Return Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 — Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as set out in your order confirmation email.

For customers in France and the European Union, displayed prices include applicable VAT. For customers outside the EU, prices are exclusive of taxes, customs and import charges, which are the customer's responsibility.

We may offer promotions from time to time that affect pricing and are governed by separate terms. Where there is a conflict between promotion terms and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase and payment information for all orders, and to promptly update your account information, including email address, card numbers and expiration dates. You represent and warrant that (i) your payment information is true and complete, (ii) you are authorised to use the payment method provided, (iii) charges incurred will be honoured by your payment provider, and (iv) you will pay all charges at the posted prices, including shipping and applicable taxes.

Section 5 — Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control. Once we transfer products to the carrier, risk of loss passes to you.

Full details on shipping destinations, timescales and costs are set out in our Shipping Policy.

Section 6 — EU and French Consumer Rights

If you are a consumer located in the European Union or France, nothing in these Terms limits or excludes your statutory rights under applicable law, including:

• Right of withdrawal: You have the right to withdraw from any purchase within 14 calendar days of receiving your item, without giving any reason, in accordance with Articles L. 221-18 et seq. of the French Consumer Code. Full details are set out in our Refund & Return Policy, including the statutory withdrawal form.
• Legal guarantee of conformity: Products are covered by a 2-year guarantee of conformity from the date of delivery (Articles L. 217-4 et seq., French Consumer Code). In the event of non-conformity, you may request repair or replacement.
• Guarantee against hidden defects: You are entitled to the guarantee against hidden defects under Articles 1641 et seq. of the French Civil Code. You may choose to cancel the sale or obtain a price reduction.

These legal guarantees apply independently of any commercial guarantee we may offer.

Section 7 — Intellectual Property

Our Services — including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and their design, selection and arrangement — are owned by MA-SENIOR (FLOAVI), its affiliates or licensors and are protected by applicable intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Services without our prior written consent. Unauthorised use may constitute infringement under applicable law. All rights not expressly granted herein are reserved by FLOAVI. FLOAVI's names, logos, product and service names, designs and slogans are trademarks of MA-SENIOR or its affiliates. You must not use such trademarks without our prior written permission.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify Inc. All other names, logos and slogans on the Services are the trademarks of their respective owners.

Section 8 — Optional Tools

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available" without any warranties or endorsement. We shall have no liability arising from your use of any optional third-party tools. Any use of these tools is entirely at your own risk and discretion.

Section 9 — Third-Party Links

The Services may contain links to third-party websites or embedded third-party functionality. We are not responsible for examining or evaluating the content, accuracy or practices of any third-party sites. If you choose to leave our Services to access third-party sites, you do so at your own risk. Complaints regarding third-party products or services should be directed to that third party.

Section 10 — Relationship with Shopify

Our store is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with MA-SENIOR (FLOAVI). By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and FLOAVI, including any injury, damage or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with FLOAVI.

Section 11 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit may be transmitted to Shopify and to third parties located in other countries than where you reside, in order to provide the Services to you. Please review our Privacy Policy for full details.

Section 12 — Feedback

If you submit any ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. You represent and warrant that (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with the Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it. We may monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable. You are solely responsible for the accuracy of any Feedback you submit.

Section 13 — Errors, Inaccuracies and Omissions

Occasionally there may be information on our Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any such errors, update information or cancel orders affected by inaccuracies at any time without prior notice.

Section 14 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not, directly or indirectly:

• Use the Services for any unlawful, malicious or fraudulent purpose;
• Violate any applicable laws, regulations or ordinances;
• Infringe upon our intellectual property rights or those of any third party;
• Harass, abuse, harm, defame or intimidate any person;
• Transmit false or misleading information;
• Upload or transmit viruses or malicious code;
• Reproduce, duplicate, copy, sell or exploit any portion of the Services;
• Use any robot, spider, scraping tool, automated process or AI agent to access the Services without authorisation;
• Interfere with or circumvent the security or authorisation features of the Services.

We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 15 — Agents

This section applies if you use, allow, enable or cause the deployment of any software or service that takes autonomous or semi-autonomous action on your behalf ("Agent") to access, use or interact with the Services. No Agent may access the Services unless it (i) identifies itself in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent string; (ii) does not conceal or mimic human behaviour or circumvent CAPTCHAs; (iii) responds truthfully to any verification seeking to distinguish human from automated access; and (iv) does not circumvent any measures intended to block or limit Agent access. We may limit, by technical or other means, whether and how any Agent accesses the Services.

Section 16 — Termination

We may terminate this agreement or your access to the Services at any time without notice, at our sole discretion. You will remain liable for all amounts due up to and including the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law, Privacy Policy, and any provisions that by their nature should survive.

Section 17 — Disclaimer of Warranties

Information on the Services is provided for general information purposes only. We do not warrant its accuracy, completeness or usefulness. EXCEPT AS EXPRESSLY STATED BY FLOAVI, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Important note for EU and French consumers: The above disclaimer does not affect your statutory rights under French and EU consumer law, including your legal guarantees of conformity and against hidden defects, which cannot be excluded or limited by contract.

Section 18 — Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLOAVI, MA-SENIOR, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES.

Important note for EU and French consumers: Nothing in this section excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under mandatory French or EU consumer law. Your statutory rights as a consumer are not affected.

Section 19 — Indemnification

You agree to indemnify, defend and hold harmless MA-SENIOR (FLOAVI), Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim and may control the defence at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent.

Section 20 — Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the remainder of these Terms shall continue in full force and effect.

Section 21 — Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms, together with our Privacy Policy, Refund Policy and Shipping Policy, constitute the entire agreement between you and us regarding the Services, superseding any prior agreements or communications.

Section 22 — Assignment

You may not delegate, transfer or assign this agreement or any of your rights or obligations without our prior written consent; any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

Section 23 — Governing Law and Jurisdiction

These Terms of Service are governed by French law. For consumers located in France or the European Union, you benefit from the protection of the mandatory consumer law provisions of your country of residence, which cannot be derogated from by contract.

In the event of a dispute, we encourage you to contact us first at support@floavi.com to seek an amicable resolution. If no resolution is reached, you may use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr. Our registered consumer mediator is: [To complete].

Section 24 — Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of the Services following any changes constitutes acceptance of those changes.

Section 25 — Contact Information

Questions about these Terms of Service should be sent to us at:

MA-SENIOR — FLOAVI
Email: support@floavi.com
[Business address — to complete]
[Business phone number — to complete]
SIREN/SIRET: [To complete]
EU VAT number: [To complete]