Terms of service

OVERVIEW
Welcome to Spynergie Handicap. The terms “we,” “us,” and “our” refer to Spynergie. Spynergie 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”). Spynergie uses the Shopify platform, which enables us to offer you the Services.

The terms and conditions below, together with the policies referenced herein (the “Terms of Use” or “TU”), describe your rights and responsibilities when using the Services.

Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

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

ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence and you give us your consent to allow your minor children to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the 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 in our stores is accurate, current, and complete, and that you have all the necessary rights to provide such information. You are solely responsible for the security of your account credentials and all activity related to your account. You are not authorized to transfer, sell, assign, or license your account to any other person.

ARTICLE 2 - OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online stores. However, please note that the colors or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you have purchased will meet your expectations or be identical to what is presented 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 withdraw any product from sale at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Spynergie reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order is not considered accepted until we receive written confirmation from Spynergie. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as Spynergie may not be able to accept cancellation requests once the order has been confirmed. In the event of a refusal, modification, or cancellation of your order, we will attempt to contact you using the email address, billing address, and/or phone number provided when placing the order.

Your purchases are subject to the return or exchange conditions in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use only, and not for commercial resale or export.

ARTICLE 4 - PRICE AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of the order and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, delivery charges, handling fees, customs duties, or import fees.
Prices displayed on our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may offer promotions on our Services from time to time, which may affect prices and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will 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 information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that: (i) your credit card information is accurate, correct, and complete, (ii) you are authorized to use this card for the purchase, (iii) the charges incurred will be honored by your card issuer, and (iv) you will pay the charges incurred at the displayed prices, including shipping and handling fees, and all applicable taxes.

ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held responsible for any delays in delivery or shipping. All delivery times indicated are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs procedures, or any events beyond our control. As soon as the products are handed over to the carrier, ownership and risk of loss are transferred to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Spynergie, its subsidiaries, or its licensors. They are protected by French law, copyright, and intellectual property laws.

These Terms authorize you to use the Services solely for personal and non-commercial purposes. You are not authorized to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Unless expressly stated otherwise in these Terms, nothing shall be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of Spynergie, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of the provisions of the Intellectual Property Code. All rights not expressly granted in these Terms are reserved by Spynergie.
The names, logos, product and service names, designs, and slogans of Spynergie are registered trademarks of Spynergie, its affiliates, or its licensors. You may not use them without Spynergie's prior written consent. The name, logo, product and service names, designs, and slogans of Shopify are registered trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the registered trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS
You may use third-party client tools offered as part of the Services. These tools are not monitored by us and have no control or input over them.

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 our endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Your use of optional tools offered on the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the terms and conditions applicable to such tools, as defined by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features will be considered an integral part of the Services and will be subject to these Terms of Use.

ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain documents and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party documents or websites you choose to access. If you decide to leave the Services to access such third-party documents or websites, you do so at your own risk.

We will not be liable for any harm or damage related to your access to any third-party websites, or to the purchase or use of any products, services, resources, or content on those websites. We encourage you to carefully review the policies and practices of any third party and make sure you understand them before engaging in any transaction. Claims, complaints, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
Spynergie Handicap is powered by Shopify, which allows us to offer you the Services. However, any sale or purchase made in our Store is made directly with Spynergie. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Spynergie, including any damages, injury, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchase and transaction with Spynergie.

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

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries different from your country of residence, in order to provide the Services to you. See our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, opinions, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; (iii) your Feedback complies with these Terms. We are not and will not be obligated (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, data protection, personality rights, or other personal or proprietary rights. You also agree that your Feedback will not contain any defamatory, illegal, abusive, or obscene material, nor any computer virus or malware that could affect the operation of the Services or any related website. You are prohibited from using a falsified email address, impersonating another person, or misleading us or third parties about the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability and shall not be held responsible for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, including but not limited to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders in the event of inaccurate information, at any time and without prior notice (including after you have submitted your order).

ARTICLE 13 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local law, regulation, rule, or law; (c) in any manner that infringes upon the intellectual property rights of Spynergie Handicap, Shopify, or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or otherwise prejudice any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, use or reuse any content that does not comply with these Terms; (g) to transmit or cause the sending of any advertising or promotional material, including "spam", "chain letters", "junk mail" or any other similar solicitation; (h) to impersonate any person or entity, or attempt to do so; (i) to engage in any conduct that may restrict or interfere with any other party’s use or enjoyment of the Services, or that, in our sole discretion, may harm Spynergie Handicap, Shopify, users of the Services, or expose them to any liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the operation or functionality of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, or pretexting practices through the Services; (e) use robots, spiders, scraping, data gathering, or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, circumvent, or disable security or authorization features, bot exclusion headers, or any other measures we implement to restrict access to 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 provision of these Terms.

ARTICLE 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, authorize, activate, or cause the deployment of an Agent to access, use, or interact with the Services. An “Agent” means any software or service that operates autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, and that can be run on a device owned or operated by a person without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set forth in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have instructed that Agent to refrain from accessing, using, or interacting with any Service.

14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following in the user agent string: "Agent/[agent name]"; (ii) not to conceal or disguise the fact that access, use, or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) circumventing or completing CAPTCHAs or other measures designed to distinguish between computer and human use; (iii) truthfully answering any question or prompt intended to determine whether interactions originate from a human or a computer; (iv) not to circumvent or evade any measures designed to block, limit, modify, or control Agent access, use, or interactions with the Services.

ARTICLE 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following articles will remain in effect after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision whose nature requires it to survive termination.

ARTICLE 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability and warranties for any consequences arising from the use of this information by you, any other visitor to the Services, or any person who becomes aware of its content.

UNLESS EXPRESSLY STATED BY SPYNERGIE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

ARTICLE 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPYNERGIE, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSEES, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER SUCH AS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE YOUR RIGHTS AS A CONSUMER UNDER APPLICABLE LAW. SPYNERGIE'S LIABILITY SHALL ONLY BE INCURRED IN THE EVENT OF PROVEN FAULT AND WILL BE LIMITED TO DIRECT DAMAGES.

ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Spynergie, as well as our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers, from and against any and all losses, damages, liabilities, or claims, including reasonable attorneys' fees, caused to any third party and arising out of (1) your breach of these Terms of Use or the documents they incorporate by reference, (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 claim covered by this warranty, provided that a failure to provide timely notice will not relieve you of your obligations unless you suffer substantial harm. We can defend and settle any claim at your expense, including the selection of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you cannot unreasonably refuse). You will cooperate in the defense of claims covered by this warranty, including by providing relevant documentation.

ARTICLE 19 - SEVERABILITY
If any provision of these Terms of Use is deemed illegal, void, or unenforceable, that provision will remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Use. Such determination will not affect the validity or enforceability of any remaining provisions.

ARTICLE 20 - WAIVER ENTIRE AGREEMENT
The failure to exercise or require the exercise of any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or rules posted by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 21 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any unauthorized assignment will be deemed null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 - GOVERNING LAW
These Terms of Use, and any separate agreement whereby we provide you with the Services, will be governed by and construed in accordance with French law and the jurisdiction of the French courts. You and Spynergie expressly consent to the territorial and personal jurisdiction of these courts.

ARTICLE 23 - HEADINGS
The headings used in this agreement are for convenience only and will not affect or limit the interpretation of these Terms.

ARTICLE 24 - CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Service 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 changes to our website. It is your responsibility to periodically check our website for any changes. We will notify you of any substantial changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services after the posting of changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 - CONTACT INFORMATION
For any questions regarding these Terms of Use, please contact us at: contact @ spynergiehandicap.com.