Terms Of Use

Introduction

Welcome to kyphie.eu (the "Site"), owned and operated by KYPHIE SRL.

KYPHIE SRL is committed to providing a safe and positive experience to all users on our Site. To help us do that, we need you to follow a few basic rules when you’re here. Don’t worry, it’s not very complicated.

Also, by accessing kyphie.eu you agree to the following Terms of Use. These Terms of Use are effective as of March 2024.

Using kyphie.eu

You accept kyphie.eu "as-is" and choose to use it at your own risk. Despite the prohibitions below, kyphie.eu may contain inaccurate, inappropriate, or possibly offensive material, and we assume no responsibility or liability for such material.

When using our Site, you must comply with all applicable laws, including federal, state, and local laws, the laws of your jurisdiction, and laws regarding the transmission of technical data.

• Display, send, receive, or store obscene or inappropriate content.
• Threaten, harass, stalk, defame, or defraud any person or entity
• Violate copyright, trademark, or other intellectual property laws
• Advertise, promote, endorse, or market, directly or indirectly, any third-party commercial products, services, solutions, or other technologies.
• Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of thirteen (13) in any circumstance
• Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”).
• Send deceptive or false source-identifying information, including “spoofing” or “phishing.”
• Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes.
• Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Site.
• Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including but not limited to Denial of Service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).
• Engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy.
• Authorize, permit, enable, induce, or encourage any third party to do any of the above

If you violate these Terms, your access to the Site may be terminated immediately and without notice.

In other words, just be respectful and use the Site for its intended purpose.

kyphie.eu

We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off kyphie.eu if we think they are creating problems or acting inconsistently with the letter or spirit of our policies. Please report problems, offensive content and policy violations by emailing us at info@kyphie.eu

Liability

To the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of kyphie.eu even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to one hundred euros (€100).

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Personal Information

By using kyphie.eu, you agree to the collection, transfer, storage and use of your personal information by KYPHIE SRL on servers located in Europe, as further described in our privacy policy.

General

These terms and the other policies posted on kyphie.eu constitute the entire agreement between kyphie.eu and you, superseding any conflicting parts of any prior agreements. This agreement is governed by the laws of the France as they apply to agreements entered into and to be performed entirely within France between French residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against KYPHIE SRL must be resolved by a court located in France. Nevertheless, any claim whatsoever is inadmissible until and unless the parties have previously attempted to resolve it via Alternative Dispute Resolution processes, prioritizing negotiation and then mediation by an independent mediator chosen by the parties from the published list of certified mediators available at the time. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for reporting policy violations and intellectual property infringements, any legal notices from you to us shall be served on KYPHIE SRL 's national registered agent. We will send notices to you via the email address that you provide, or by registered mail to the address you provide. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update these terms at any time, with updates taking effect 30 days after they are initially posted on the Site. No other amendment to these terms will be effective unless made in writing, signed by users and by us.

Online Sales Contract

The following is the terms of the agreement between KYPHIE SRL (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Website (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:

1. Introduction

Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

2. Setup and Payment

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.

3. Copyright

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

4. Editing, Deleting, and Modification

Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

5. Right to Refuse

Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

6. Indemnification

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.

7. Non-Transferable

Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.

8. Disclaimer

The service, content, goods and services from or through the service are provided "as-is," "as available," and all warranties, express or implied, are disclaimed (including but not limited to any implied warranties of merchantability and fitness for a particular purpose). the sole and entire maximum liability of company, for any reason, and buyer's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the particular items purchased. company and any of its affiliates, or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. the limitations of damages set forth above are fundamental elements of the basis of the bargain between company and buyer. this site and goods and services would not be provided without such limitations. some state statutes may apply regarding limitation of liability.

9. Refund Policy

If a product purchased is defective or not to Buyer’s satisfaction, Buyer can return the product in its original condition within 14 days of receipt, to the following address: KYPHIE, 231 rue Saint Honoré, Paris 75001

In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 9 sets forth Buyer’s sole and exclusive right to refund.

This Section is to be completed with the Return and Refund Policy provided on the Site.

10. Use of Information

Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.

11. Governing Law

This Contract shall be treated as though it were executed and performed in France and shall be governed by and construed in accordance with the laws of France (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within 6 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

12. Litigation

All legal proceedings arising out of or in connection with this Contract shall be brought solely in France and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

13. Acknowledgment

This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, please click the "I Agree" button below. If you do not agree to the terms of the Subscriber Agreement, please click the “I Don’t Agree” button to log off the system.

If you don’t click on “I Agree” then you will not be able to purchase any goods or services.