Terms of service

FRANSIVA TERMS OF SERVICE

Last updated: September 11, 2026

OVERVIEW

Welcome to FRANSIVA. The terms “we,” “us” and “our” refer to FRANSIVA, operated by Carcell Fransiva LLC.

FRANSIVA operates this store and website, including all related information, content, features, tools, products and services, to provide customers with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services.

These terms and conditions, together with all policies referenced herein, constitute our “Terms of Service” or “Terms” and describe your rights and responsibilities when using the Services.

Please read these Terms carefully. They include important information regarding your legal rights, warranty disclaimers and limitations of liability.

By visiting, interacting with or using the Services, you agree to these Terms and our Privacy Policy, available at:

https://fransiva.com/policies/privacy-policy

If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province or country of residence. If you permit a minor dependent to use the Services through a device you own, purchase or manage, you accept responsibility for that use.

To access or use certain parts of the Services, including purchasing products, you may be required to provide information such as your email address, billing address, shipping address and payment information.

You represent and warrant that all information you provide is accurate, current and complete and that you have the right to provide it.

You are responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to display and describe our products accurately. However, colors, textures, proportions and other details may appear differently depending on your device, screen settings and lighting conditions.

We do not warrant that the appearance of a product on your screen will precisely match its appearance in person.

Product descriptions, availability, prices and specifications may be changed without notice. We reserve the right to discontinue products or limit quantities offered to any person, geographic region or jurisdiction.

SECTION 3 — ORDERS

When you submit an order, you are making an offer to purchase. FRANSIVA reserves the right to accept, decline, limit or cancel an order for any lawful reason.

An order is not accepted until we confirm its acceptance and successfully process the applicable payment.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or modification requests after an order has entered processing.

If we decline, modify or cancel an order, we will attempt to notify you using the email address, billing address or telephone number provided with the order.

Purchases are eligible for return or exchange only in accordance with our Return and Refund Policy:

https://fransiva.com/policies/refund-policy

You represent that purchases are intended for your personal or household use and not for unauthorized commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions may change without notice. The price charged will be the price displayed when the order is submitted and will appear in your order confirmation.

Unless expressly stated otherwise, displayed product prices do not include shipping, handling, customs duties, import charges or applicable taxes.

Prices displayed online may differ from prices offered at physical locations, events, pop-ups or stores operated by third parties.

Promotions may be governed by separate terms. If promotion-specific terms conflict with these Terms, the promotion-specific terms will control for that promotion.

You agree to provide current, complete and accurate purchase, payment and account information. You agree to update your information as necessary so that we can complete transactions and contact you.

You represent and warrant that:

• The payment information you provide is accurate and complete.
• You are authorized to use the selected payment method.
• Charges incurred will be honored by the applicable payment provider.
• You will pay all authorized charges, including shipping and applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

Order processing and delivery are governed by our Shipping Policy:

https://fransiva.com/policies/shipping-policy

Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, government action or events outside our reasonable control.

Except where applicable consumer law requires otherwise, title and risk of loss transfer to you when the order is transferred to the shipping carrier. Where applicable law requires risk to remain with us until physical delivery, that law will apply.

SECTION 6 — INTELLECTUAL PROPERTY

The Services—including FRANSIVA trademarks, logos, monograms, designs, product names, slogans, text, photographs, graphics, video, audio, website design, arrangement and other content—are owned by Carcell Fransiva LLC, its affiliates or licensors and are protected by United States and international intellectual-property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes.

Without prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit materials contained within the Services, except as permitted by applicable law.

Nothing in these Terms grants you a license or other right under any trademark, copyright, patent or other intellectual property belonging to FRANSIVA, Carcell Fransiva LLC, Shopify or any third party.

FRANSIVA names, marks, logos, monograms, product names, designs and slogans may not be used without prior written permission from Carcell Fransiva LLC.

Shopify’s name, logo, product names, designs and slogans are trademarks belonging to Shopify. Other names and marks appearing through the Services belong to their respective owners.

All rights not expressly granted are reserved.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools or services offered by third parties that we do not monitor or control.

Access to optional third-party tools is provided “as is” and “as available,” without warranties, representations, conditions or endorsement.

Your use of optional third-party tools is at your own risk. You should review and agree to the applicable third party’s terms before using its tools or services.

New features, tools and resources introduced through the Services will also be considered part of the Services and will be governed by these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain content, functionality or links provided by third parties.

We are not responsible for examining or evaluating the content, accuracy, privacy, security or practices of third-party websites or services.

If you leave the Services to access a third-party website, you do so at your own risk. We are not liable for harm or damages arising from your use of third-party websites or your purchase or use of third-party products, services, resources or content.

Please review the policies and practices of a third party before engaging in a transaction. Questions or complaints regarding third-party products and services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

FRANSIVA is powered by Shopify, which enables us to provide the Services.

However, purchases made through our store are transactions directly between you and FRANSIVA. Shopify is not responsible for any aspect of a sale between you and FRANSIVA, including any injury, damage or loss arising from products or services purchased through our store.

By using the Services, you release Shopify and its affiliates from claims, damages and liabilities arising from or relating to purchases and transactions made directly with FRANSIVA, to the extent permitted by applicable law.

SECTION 10 — PRIVACY

Personal information collected through the Services is governed by our Privacy Policy:

https://fransiva.com/policies/privacy-policy

Certain personal information may also be processed according to Shopify’s privacy practices. Shopify’s Consumer Privacy Policy is available at:

https://privacy.shopify.com/en

Because Shopify hosts the Services, Shopify collects and processes information regarding your access to and use of the Services to operate and improve its platform.

Information submitted through the Services may be transmitted to Shopify and other service providers located in countries outside the country where you reside. Please review our Privacy Policy for more information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email or otherwise provide ideas, suggestions, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for lawful business purposes.

You represent and warrant that:

• You own or possess all rights necessary to provide the Feedback.
• You have disclosed any compensation or incentive received for providing it.
• Your Feedback complies with these Terms and applicable law.

We are not obligated to keep Feedback confidential, provide compensation for Feedback or respond to Feedback.

We may monitor, edit or remove Feedback that we reasonably determine is unlawful, threatening, abusive, defamatory, obscene, misleading, infringing or otherwise objectionable.

Feedback must not violate any third-party copyright, trademark, privacy, publicity or other rights. Feedback must not contain malicious code or misrepresent its source.

You are responsible for the accuracy and legality of Feedback you submit.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Information within the Services may occasionally contain typographical errors, inaccuracies or omissions concerning product descriptions, prices, promotions, offers, shipping charges, delivery estimates or availability.

We reserve the right to correct errors, update information, modify availability or cancel an affected order when information is inaccurate, including after an order has been submitted, subject to applicable law.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to:

• Engage in unlawful, fraudulent or malicious activity.
• Violate international, federal, state, provincial or local laws.
• Infringe our intellectual-property rights or the rights of others.
• Harass, abuse, threaten, defame, intimidate or harm another person.
• Transmit false, deceptive or misleading information.
• Upload or distribute content that violates these Terms.
• Send spam, junk mail, chain letters or unauthorized solicitations.
• Impersonate another person or entity.
• Interfere with another person’s access to or enjoyment of the Services.
• Upload malware, viruses or other malicious code.
• Copy, extract, reproduce, sell, resell or commercially exploit any portion of the Services without authorization.
• Collect or track the personal information of others without authorization.
• Phish, pharm, scrape, pretext or engage in similar abusive conduct.
• Interfere with or circumvent security, authentication, robot-exclusion or access-control systems.

We may suspend, restrict or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 14 — AUTOMATED AGENTS

This section applies if you use, authorize or deploy an automated or semi-automated software system to access or interact with the Services (an “Agent”).

An Agent must identify itself and operate in accordance with the requirements below. No Agent may continue accessing the Services after being instructed to stop.

We may use technical measures to limit or control how Agents access or interact with the Services.

Agents must:

• Identify automated requests as originating from an Agent and disclose the Agent’s name in the applicable user-agent string.

• Not conceal or misrepresent automated activity as human activity.

• Not complete, evade or circumvent CAPTCHAs, access controls or systems designed to distinguish automated use from human use.

• Respond truthfully when asked whether an interaction originates from a human or automated system.

• Not circumvent measures designed to restrict, block, modify or control automated access to the Services.

SECTION 15 — TERMINATION

We may terminate these Terms or restrict your access to all or part of the Services in accordance with applicable law if you violate these Terms or misuse the Services.

You remain responsible for amounts lawfully due through the effective date of termination.

Sections concerning Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Entire Agreement, Assignment, Governing Law, Privacy and other provisions that should reasonably survive will continue after termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. We do not warrant that all information will always be accurate, complete or useful.

Reliance on information provided through the Services is at your own risk, subject to rights that cannot lawfully be excluded.

EXCEPT WHERE EXPRESSLY STATED BY FRANSIVA OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS DO NOT PERMIT CERTAIN WARRANTY EXCLUSIONS. IN THOSE JURISDICTIONS, THE EXCLUSIONS ABOVE APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, FRANSIVA, CARCELL FRANSIVA LLC, SHOPIFY AND THEIR RESPECTIVE AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER A CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANOTHER LEGAL THEORY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS DISCLOSED.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING RIGHTS PROVIDED BY APPLICABLE CONSUMER-PROTECTION LAW.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless FRANSIVA, Carcell Fransiva LLC, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses, damages, liabilities and reasonable attorneys’ fees arising from:

• Your material breach of these Terms or incorporated policies.
• Your violation of applicable law or another party’s rights.
• Your unauthorized or unlawful access to or use of the Services.

We will provide reasonable notice of an indemnifiable claim. A delay in notice will not relieve your obligations unless the delay materially prejudices your ability to respond.

We may control the defense and settlement of a claim at your expense, including the selection of counsel, but we will not agree to a settlement that imposes non-monetary obligations on you without your reasonable consent.

You agree to cooperate in the defense of an indemnified claim.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed where necessary.

The invalidity of one provision will not affect the validity or enforceability of the remaining provisions.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules posted through the Services, constitute the entire agreement between you and FRANSIVA concerning your use of the Services and supersede prior or contemporaneous communications and agreements concerning that use.

Ambiguities will not automatically be interpreted against the party responsible for drafting these Terms.

SECTION 21 — ASSIGNMENT

You may not transfer, assign or delegate these Terms or your rights and obligations without our prior written consent. Any unauthorized attempted transfer is void.

We may transfer, assign or delegate our rights and obligations under these Terms as permitted by applicable law.

SECTION 22 — GOVERNING LAW

These Terms and any separate agreement through which we provide the Services are governed by applicable federal law and the laws of the State of Florida, without regard to conflict-of-law principles.

Subject to applicable consumer rights, disputes will be submitted to courts with jurisdiction in Broward County, Florida.

Nothing in this section limits mandatory rights or protections available to consumers under the laws of their place of residence.

SECTION 23 — HEADINGS

Section headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

You may review the current version of these Terms at any time on this page.

We reserve the right to update, change or replace portions of these Terms by posting revisions through the Services.

Where required by applicable law, we will provide notice of material changes. Revised Terms become effective on the date stated in the applicable notice or when posted if no later date is specified.

Continued use of the Services after revised Terms become effective constitutes acceptance of the revisions, except where applicable law requires another form of consent.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms should be sent to:

FRANSIVA
Operated by Carcell Fransiva LLC
2758 NW 30th Way
Lauderdale Lakes, FL 33311
United States
Email: info@fransiva.com