Terms and Conditions

This page (together with the documents referred to in it) sets out the terms and conditions of use on which you make use of our website https://www.fytexia.com (Site). Please read these terms carefully before you start to use the Site. By using the Site, you indicate that you accept these terms and conditions of use and that you agree to abide by and be legally bound by them. If you do not agree to these terms and conditions of use, please refrain from using the Site. 

SITE EDITOR - CONTACTS - HOSTS 

The Site is operated by Fytexia S.A.S. (Fytexia, we, us or our). Fytexia is registered in France under company number (Siret number 44963393200032) with its registered office at ZAE Via Europa – 3, rue d’Athènes – 34350 Vendres – France. Its main trading address is ZAE Via Europa – 3, rue d’Athènes – 34350 Vendres – France. Its VAT number is FR20449633932. 

The Publication Director of the Website is Laurent Hubert in his capacity as CEO. 

Contacting the company 

 The user may contact the company: 

  • by simple letter to the address indicated above; 
  • by e-mail using the contact form or the e-mail address: [email protected] ; 
  • by telephone at +33 4 67 21 90 98. 

Website host 

The Fytexia website is hosted by the company HH Associates. 

The telephone number of the host is: 020 87707330. 

Accessing the Site: 

Your access to and use of the Site is subject to these terms and conditions of use (Terms and Conditions) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions. 

Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site without notice. 

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons, for example to carry out technical maintenance or to update content.  

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The safe keeping of your security information is your responsibility. Fytexia will not be liable for any losses arising from your failure to ensure your security information is kept safe and confidential. We have the right to disable any user identification code or password, whether chosen by you or allocated by us at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions, and that they comply with them. 

The Site changes regularly: 

We aim to update the Site regularly and may change the content at any time. If the need arises we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time and we are under no obligation to update such material. We do not accept any liability for any out of date material on the Site. 

Intellectual Property: 

The names, images and logos identifying Fytexia and our products and services are subject to copyright, design rights and trademarks of Fytexia and/or third parties. Unless expressly stated in these Terms and Conditions, nothing contained in these terms and conditions shall be construed as conferring any licence or right to use any trademark, patent, design right or copyright of Fytexia or any other third party. 

Unless expressly stated in these Terms and Conditions, you may not share, copy, reproduce, publish, transmit, display, distribute, make available to the public, or otherwise use the Site content in any way. You also agree not to adapt, alter or create a derivative work from any of the Site’s content. Subject to an express permissions contained in these Terms and Conditions any other use of the Site’s content requires the prior written permission of Fytexia. 

You agree to use the Site only for lawful purposes in accordance with these Terms and Conditions, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site. 

Disclaimers and Limitations of Liability:  

THE SITE’S CONTENT, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO FYTEXIA AND/OR ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED “AS IS” AND ON AN “IS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR ANY KIND OF WARRANTY MADE (WHETHER EXPRESS OR IMPLIED BY LAW) TO THE EXTENT PERMITTED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. 

THE SITE IS INTENDED TO PROVIDE INFORMATION ABOUT FYTEXIA’S INGREDIENTS, USED IN VARIOUS FOOD/DIETARY SUPPLEMENT PRODUCTS AROUND THE WORLD. IT IS INTENDED TO PROVIDE INFORMATION TO FOOD/DIETARY SUPPLEMENT PROFESSIONALS AND IS NOT DESIGNED FOR THE GENERAL PUBLIC.  AS FYTEXIA’S INGREDIENTS ARE BEING MARKETED IN A LARGE NUMBER OF COUNTRIES, IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE USE OF THE INGREDIENT AND ANY CLAIM MADE IN THE LABELLING OR ADVERTISING OF THE INGREDIENT OR FINISHED PRODUCT COMPLY WITH THE APPLICABLE RULES AND REGULATIONS OF THE COUNTRY OR COUNTRIES IN WHICH THE PRODUCT IS TO BE SOLD. 

To the maximum extent permitted by law, under no circumstances will Fytexia be liable for any of the following losses or direct, indirect damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue, anticipated profits or contracts; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) wasted management or office time or (g) losses suffered by third parties, whether cause by tort (including negligence), breach of contract or otherwise, even if foreseeable arising from the use of the Site regardless of the form of action. 

Fytexia does not warrant that the access to the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or bugs. We will not be liable to you for any loss or damage caused by any virus or other technological harmful material that may infect your device, computer programme, data or other proprietary material due to your use of the Site or to you downloading any material posted on it, or any website linked to it.

We disclaim any and all liability arising from: 

  • interruption of the Site to carry out technical maintenance or update content; 
  • temporary inability to access to the Site due to technical problems, whatever their origin or source; 
  • damage caused to you, whatever its nature, resulting from the content, access or use of the Site; 
  • your abnormal use or illicit exploitation of the Site. You are solely responsible for any damage caused to third parties and the consequences of any claims or actions that may result and waive any recourse against us in the event of legal action taken by a third party against you as a result of the abnormal use and/or illicit exploitation of the Site. ​

Restrictions on Use:  

Unless otherwise specified, the materials on this Site are presented to provide information about Fytexia and its products. Fytexia operates and controls this Site from its headquarters in France. Fytexia makes no representations that the materials on the Site are appropriate or available for use in locations outside of France. If you use this Site from locations outside of France you are responsible for compliance with any applicable local laws. Some software from this Site may be subject to export controls and may not be downloaded or otherwise exported or re-exported.  

Information about you and your visits to the Site: 

Fytexia processes information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.  

Linking to the Site:  

Fytexia permits links to the Site provided: (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices, (b) you do not directly or indirectly cause any portion of the Site to appear on a user’s computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party; (c) you give Fytexia notice of all such links by sending an e-mail to [email protected] and (d) you discontinue providing links to the Site if notified by Fytexia. 

Links from the Site: 

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Fytexia has no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. You should review the privacy policy and the terms of use of each third-party site and confirm that they are acceptable to you. Links to third party sites do not imply endorsement of the sites by Fytexia.  

Product and Service availability in foreign countries: 

The Site may contain references or cross references to products and services that are not available in every country.  

Applicable Law:  

These Terms and Conditions and the agreement they create, shall be governed by and construed in accordance with the laws of France. We both agree to the exclusive jurisdiction of the courts of Montpellier. If any provision of this agreement is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein. Fytexia may modify these Terms and Conditions, without notice, at any time by updating this posting. Please review these Terms and Conditions regularly to ensure you are aware of any changes made by us. Your continued use of the Site after changes are posted means you agree to be legally bound by these Terms and Conditions as updated and/or amended. 

Cookies:  

This Site uses Cookies, by continuing to browse the Site you are consenting to the use of Cookies, further information is available about the use of Cookies. 

Downloaded Materials: 

If you wish to download materials in the Data Centre section of the Site, you will be required to submit an application form to Fytexia.  Following receipt of the application form, Fytexia, in its sole discretion, may grant you a non-exclusive, limited, revocable licence to access and download certain materials (Downloaded Materials) solely for educational and commercial purposes.  You acknowledge that: (i) Downloaded Materials are proprietary to or licensed by Fytexia, protected under copyright and other intellectual property laws, and may not be shared, copied, reproduced, published, transmitted, displayed, distributed or otherwise made available to any third party without the express prior written consent of Fytexia; and (ii) and the use of the Downloaded Materials is subject to the remaining provisions of these Terms and Conditions. You shall fully indemnify Fytexia for any loss or damage suffered by Fytexia or any of its group companies for breach of this licence. Fytexia may terminate this licence for any reason whatsoever by giving written notice at any time, without affecting any other right or remedy available to it. Upon termination of this licence, you shall immediately destroy all copies of Downloaded Materials which are in your possession, custody or control. 

 

These Terms and Conditions were last updated on 31/10/2023.