GENERAL TERMS AND CONDITIONS OF SALE AND USE

OVERVIEW

This website is operated by Atelier-Émile. Throughout the site, the terms “we”, “us” and “our” refer to Atelier-Émile. Atelier-Émile offers this website, including all information, tools and services available from this site to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.

By visiting this site and/or purchasing one of our products, you engage in our “Service” and agree to be bound by the following terms (“General Terms and Conditions of Sale”, “General Terms and Conditions of Sale and Use”, “Terms”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, users who browse the site, vendors, customers, merchants and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you must not access the website or use any services offered on it. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to this store in the future will also be subject to these Terms. You may review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the e-commerce platform that enables us to sell our products and services to you.

ARTICLE 1 – ONLINE STORE TERMS

By accepting these Terms, you represent that you have reached the age of majority in your country, state or province of residence and that you have given us your consent to allow any minor dependants of yours to use this website.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms, viruses or other code of a destructive nature.

Any breach or violation of these Terms will result in immediate termination of your Services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion or use of the Service, any access to the Service, or any 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 if information available on this site is not accurate, complete or current. The content of this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without first consulting more accurate, complete and timely sources of information. Any reliance on the content of this site is at your own risk.

This site may contain certain historical information. Historical information is, by nature, not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content of it, without notice.

We will not be liable to you or any third party for any price modification, suspension or discontinuance of the Service.

ARTICLE 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 may be returned or exchanged only in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products shown in our store. We cannot guarantee that your computer screen will display colours accurately.

We reserve the right, but are not obliged, to limit the sale 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 quantities of any products or services we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a 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 goods obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account or credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or telephone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to have been placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all orders placed through our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Return Policy.

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

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 endorsement. We will have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which the tools are provided by the relevant third-party providers.

We may also offer new services and/or features through the website in the future, including new tools and resources. Such new features and services will also be subject to these Terms.

ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products and services available through 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 are not required to examine or evaluate their content or accuracy, and we do not warrant and will not be liable or responsible for any third-party materials, websites, products, services or other content accessible on or from them.

We are not liable for any harm or damage related to the purchase or use of goods, services, resources or content, or any other transaction made in connection with third-party websites. Please review third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party concerned.

ARTICLE 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific content, for example contest entries, or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, “comments”), you grant us the unrestricted right, at any time, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send us. We are and will be under no obligation (1) to maintain comments in confidence, (2) to pay compensation for any comments, or (3) to respond to comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, at our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes intellectual property rights or these Terms.

You agree that your comments will not violate any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain unlawful, defamatory, offensive or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us and/or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We assume no responsibility and accept no liability for comments posted by you or any third party.

ARTICLE 10 – PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, delivery 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 any related website is inaccurate, at any time and without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ARTICLE 12 – PROHIBITED USES

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, state or regional regulation, rule or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Service, any related or independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape the web or any other resource; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features 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 prohibited use.

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained through use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time without prior notice to you.

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 otherwise by us, provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.

Atelier-Émile, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors will under no circumstances be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, including negligence, strict liability or otherwise, arising from your use of any service or product obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including, without limitation, errors or omissions in any content or 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 through the Service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Atelier-Émile, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising from your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

ARTICLE 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. Such severance will not affect the validity and enforceability of the remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities incurred by the parties before the termination date will survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms 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 judgement, you fail, or we suspect that you have failed, to comply with any provision of these Terms, we may terminate this agreement at any time without prior notice. You will remain liable for all amounts due up to and including the termination date, and/or we may deny you access to our Services or any part of them.

ARTICLE 17 – ENTIRE AGREEMENT

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

These Terms and any policies or operating rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us, including, without limitation, any previous versions of these Terms.

Any ambiguity in the interpretation of these Terms will not be interpreted against the drafting party.

ARTICLE 18 – GOVERNING LAW

These Terms and any separate agreements through which we provide you with Services are governed by and construed in accordance with Swiss law. Mandatory applicable provisions, in particular those protecting consumers with regard to governing law and jurisdiction, remain unaffected.

ARTICLE 19 – CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to visit our website regularly to check for changes. Your continued use of or access to our website following the posting of any changes to these Terms constitutes acceptance of those changes.