General conditions of sale
GENERAL CONDITIONS OF SALE AND USE
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OVERVIEW
This website is operated by Joliveden™. Throughout the site, the terms “we”, “us”, “your” and “our” refer to Joliveden™. Joliveden™ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this Site and/ or purchasing any of our products, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms and Conditions”), including any additional terms, conditions and policies referenced herein and/or accessed via hyperlink. These Terms and Conditions apply to all users of the Site, including without limitation users who browse the Site, are vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions of Use carefully before accessing or using our Site. By accessing or using any part of this Site, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions of this Agreement, do not access the Site or use any services offered on it. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions.
Any new features or tools which are added to this store in the future shall also be subject to these terms and conditions. You can review the most current version of the Terms of Service on this page at any time. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - TERMS OF USE OF OUR ONLINE STORE
By accepting these Terms of Sale and Use, you represent that you are at least the age of majority in your country, state or province and that you have given your consent to allow any minor under your care to use the Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit any worms, viruses or any other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.
SECTION 2 - TERMS AND CONDITIONS
We reserve the right to deny access to the Services to any person at any time and for any reason.
You understand that your Content (other than credit card information), may be transmitted unencrypted and involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service or any access to the Service or contact on the website through which the Service is provided without our express prior written permission.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for the accuracy, completeness, or timeliness of any information available on this Site. The content of this website is for informational purposes only and should not be relied upon as the sole source of information for making decisions without first consulting more accurate, more complete, and more timely sources of information. If you decide to rely on the content of this website, you do so at your own risk.
This site may contain certain prior information. Such prior information, by its nature, is not current and is provided for informational purposes only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
ARTICLE 4 - MODIFICATIONS TO SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content of the Service) at any time without notice.
We will not be liable to you or to any third-party for any price changes, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have done our best to display the colors and images of our products as clearly as possible on our web store. We cannot guarantee that your computer screen will display the colors accurately.
We reserve the right, but not the obligation, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any product or service offered. All descriptions and pricing of products are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other items received or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These limitations may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please see our returns policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or influence.
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 any endorsement. We shall have no liability whatsoever arising from or relating to your use of such optional third-party tools.
If you use optional tools offered on the Site, you do so at your own risk and discretion and should review the terms and conditions upon which such third-party providers offer those tools.
We may also offer new services and/or features on our Site (including new tools and resources) in the future. Such new features and services shall also be subject to these terms and conditions.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We have no obligation to examine or evaluate the content or accuracy of such sites and we do not warrant and assume no responsibility for the content, sites, products, services, or other items available on or from such third-party sites.
We will not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER CONTRIBUTIONS FROM USERS
If you send certain specific comments at our request (for example contest entries), or if you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, without a request from us (collectively, 'Comments'), you grant us an unrestricted right to edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us at any time. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation to anyone for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove any content that we determine in our sole discretion are unlawful, offensive, threatening, abusive, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.
You agree to post Comments that do not violate the rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, or contain any computer virus or other malware that could in any way interfere with the operation of the Service or any affiliated website. You may not use a false e-mail address, impersonate someone other than yourself, or otherwise attempt to mislead us and/or third-parties as to the origin of any Comments. You are fully responsible for all Comments you post and their accuracy. We assume no responsibility or liability for any Comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal data on our website is subject to our Privacy Policy. Click here to view our privacy policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our Site or Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on a related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are under no obligation to update, amend or clarify any information in the Service or on any related website, including without limitation, pricing information, unless required by law. No updated or refresh date set forth in the Service or on any related website, should be taken as a basis for concluding that information in the Service or on any related website has been modified or updated.
ARTICLE 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its Content (a) for any unlawful purpose; (b) to encourage others to commit or participate in any unlawful acts; (c) to violate any local ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our or any third party's intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit any viruses or any other form of malicious code that will or may be used to impair the functionality or operation of the Service or of any affiliated, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, scrape, surf, explore, or crawl the Internet (or any other resource); (j) for any obscene or immoral purpose; or (k) to disrupt or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the Prohibited Uses.
SECTION 13 - DISCLAIMER AND LIMITATION OF LIABILITY
We do not guarantee in any way that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that the Company may from time to time suspend the Service for indefinite periods of time or cancel it at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (unless expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions, either express or implied, including but not limited to implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Joliveden, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of such claims. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold Joliveden, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Sale and Use is held to be illegal, invalid or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Sale and Use, such severance not affecting the validity and enforceability of any remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities of the Parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms and Conditions will remain in effect unless and until terminated by you. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If, in our sole discretion, we determine that you have failed, or we suspect that you have failed, to comply with any term of these Terms of Use, we also may terminate this Agreement at any time without notice and you will remain liable for any amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
SECTION 17 - COMPLETENESS OF AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions or any other policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
ARTICLE 18 - APPLICABLE LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with French law.
SECTION 19 - CHANGES TO THE TERMS AND CONDITIONS OF USE
You can read the latest version of the Terms of Sale and Use on this page at any time.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Sale and Use by posting updates and changes to our website. It is your responsibility to visit our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 - CONTACT DETAILS
Questions regarding the Terms of Sale and Use should be sent to contact@joliveden.com.