Legal Notice

Definitions

Client: Any professional or individual capable within the meaning of Articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these general conditions.

Services: Fayira.com makes available to Clients:

Content: All elements constituting the information present on the Site, including texts, images, and videos.

Customer Information: Referred to hereafter as "Information," this personal data may be held by Fayira.com for managing customer accounts, customer relationship management, as well as for analyses and statistics.

User: Internet user connecting to and using the aforementioned site.

Personal Information: According to Article 4 of Law No. 78-17 of January 6, 1978, these are the information that allows, directly or indirectly, the identification of individuals to whom they apply. The terms "personal data," "data subject," "processor," and "sensitive data" are defined by the General Data Protection Regulation (GDPR: No. 2016-679).

  1. Presentation of the website
    In accordance with Article 6 of Law No. 2004-575 of June 21, 2004, for trust in the digital economy, it is specified to users of the website Fayira.com the identity of the various stakeholders in its creation and monitoring:
    Owner: Fayira, Adderley Street, Cape Town, Western Cape, 8001, South Africa
    Publisher: Fayira, contact@fayira.com
    Webmaster: Fayira, contact@fayira.com
    Host: Shopify, Legal Department, 151 O'Connor Street, Ground Floor, Ottawa, K2P 2L8, Ottawa, 613 241-2828
    Data Protection Officer: Fayira, contact@fayira.com

    The legal notices are derived from the model provided by the free generator Orson.io.

  2. General conditions of use of the site and the services offered
    The Site constitutes a work of the mind protected by the provisions of the Intellectual Property Code and applicable international regulations. The Client may not in any way reuse, assign, or exploit for their own account all or part of the elements or works of the Site.
    The use of the site Fayira.com implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the site Fayira.com are therefore invited to consult them regularly. This website is normally accessible to users at any time. An interruption for technical maintenance reasons may, however, be decided by Fayira.com. Fayira.com is updated regularly by the responsible party. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible to be aware of them.

  3. Description of the services provided
    The website Fayira.com aims to provide information on all of the company’s activities. Fayira.com strives to provide on the website information that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in the update, whether they are its own fault or those of third-party partners who provide it with this information. All information indicated on the site Fayira.com is given for informational purposes only and is subject to change. Furthermore, the information on the site Fayira.com is not exhaustive. It is given subject to modifications that may have been made since it was put online.

  4. Contractual limitations on technical data
    The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing viruses and with an updated latest generation browser. The site Fayira.com is hosted by a service provider in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679). The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, particularly for maintenance purposes, to improve its infrastructure, in the event of a failure of its infrastructure, or if the Services generate traffic deemed abnormal. Fayira.com and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines, or computer and telephone equipment linked, in particular, to network congestion preventing access to the server.

  5. Intellectual property and counterfeiting
    Fayira.com is the owner of the intellectual property rights and holds the usage rights on all elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written authorization of Fayira.com. Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.

  6. Limitations of liability
    Fayira.com acts as publisher of the site. Fayira.com is responsible for the quality and truthfulness of the Content it publishes. Fayira.com cannot be held responsible for direct or indirect damage caused to the user's equipment when accessing the website. Fayira.com may also not be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site Fayira.com. Interactive spaces (possibility of asking questions in the contact space) are available to users. Fayira.com reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, Fayira.com also reserves the right to bring the user's civil and/or criminal liability into question, particularly in the event of a message of a racist, insulting, defamatory, or pornographic nature, regardless of the medium used (text, photograph, etc.).

  7. Personal data management
    The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014, for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).

    7.1 Persons responsible for the collection of personal data
    For Personal Data collected as part of the creation of the User's personal account and their browsing on the Site, the person responsible for processing Personal Data is: Fayira. Fayira.com is represented by Fayira, its legal representative. As the controller of the data it collects, Fayira.com undertakes to comply with the framework of the legal provisions in force. It is in particular the Client's responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever Fayira.com processes Personal Data, Fayira.com takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which Fayira.com processes it.

    7.2 Purpose of the data collected
    Fayira.com is likely to process all or part of the data:

    • To enable navigation on the Site and the management and traceability of services and orders: order management, payment management, after-sales service management, etc.
    • To carry out market research and statistics.
    • To personalize services by displaying advertisements adapted to Users' preferences and to track their navigation.
    • To prevent and combat computer fraud (spamming, hacking
).

    7.3 Right of access, rectification, and opposition
    In accordance with current European regulations, Users of Fayira.com have the following rights:

    • Right of access (Article 15 GDPR) and rectification (Article 16 GDPR): The User may access Personal Data concerning them and request the rectification of inaccurate or incomplete information.
    • Right to erasure (Article 17 GDPR): The User may request the erasure of his Personal Data, to the extent that this is possible.
    • Right to restriction of processing (Article 18 GDPR): The User may request the restriction of the processing of his Personal Data.
    • Right to portability (Article 20 GDPR): The User may request to receive his Personal Data in a structured format, commonly used and machine-readable, or that this Personal Data is transmitted to another data controller.
    • Right of opposition (Article 21 GDPR): The User may object to their Personal Data being processed.
      To exercise these rights, the User must send a request by email to: contact@fayira.com. Any request must be accompanied by a photocopy of a valid identity document to allow Fayira.com to verify the User's identity.

    7.4 Non-communication of personal data
    Fayira.com shall not process, host, or transfer the Collected Information to a foreign country or any international organization outside the European Union without first informing the User.

  8. Hypertext links and cookies
    The site Fayira.com contains a certain number of hypertext links to other sites, set up with the authorization of Fayira.com. Fayira.com is not able to verify the content of the sites visited in this way and will therefore not assume any liability in this regard.
    Browsing the site Fayira.com is likely to cause the installation of cookie(s) on the user's computer. A cookie is a small file that does not allow the user to be identified, but which records information relating to the navigation of a computer on a site. The data thus obtained are intended to facilitate subsequent navigation on the site and are also intended to allow various measures of attendance. Refusing to install a cookie may make it impossible to access certain services. However, the User can configure their computer as follows to refuse the installation of cookies:

    • In Internet Explorer: Tools / Internet Options tab. Click on Privacy and choose Block all cookies. Confirm with Ok.
    • In Firefox: At the top of the browser window, click on the Firefox button, then select Options. Click on the Privacy tab. In the Retention rules menu, select Use custom settings for history. Finally, uncheck the Accept cookies box.
    • In Safari: Click on the Safari menu at the top right of the browser, then select Preferences. Click on Privacy. To prevent cookies from being stored, select Always block.
    • Under any other browser: Refer to the website of your browser developer.

  9. Applicable law and attribution of jurisdiction
    Any dispute relating to the use of the site Fayira.com is subject to South African law. Exclusive jurisdiction is attributed to the competent courts of Cape Town.

  10. Complaints and contact
    For any complaints or requests for additional information, please contact our customer service:
    Postal address: Fayira, Adderley Street, Cape Town, Western Cape, 8001, South Africa
    Email address: contact@fayira.com

We are committed to processing all complaints as quickly as possible and to finding solutions adapted to each situation.

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