TERMS AND CONDITIONS OF SALE AND USE
This website is operated by Clemaiz. Throughout the site, the terms “we”, “us” and “our” refer to Clemaiz. Clemaiz 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 are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms and Conditions of Sale and Use”, “Terms”), including any additional terms, conditions and policies referenced herein and/or hyperlinked thereto. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. 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 of the terms and conditions of this agreement, then you must not access the website or use any of the services offered on it. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
All new features and tools added to this store in the future will also be subject to these General Terms and Conditions of Sale and Use. You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or modifications 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 your acceptance of those changes.
As stated in our privacy policy, our store is hosted on Hostinger. They provide us with the e-commerce platform that enables us to sell our products and services to you.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these General Terms and Conditions of Sale and Use, you declare 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 dependent of yours to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, nor may you, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You may not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to deny access to the services to any person at any time, for any reason.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this involves transmissions over various networks and changes to conform and adapt to technical requirements for 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 part 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 prior express written permission.
ARTICLE 3 – ACCURACY, COMPLETENESS AND UP-TO-DATENESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for information purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, 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 information purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
It goes without saying that we make every effort to keep the information on this site up to date.
ARTICLE 4 – SERVICE AND PRICE MODIFICATIONS
The prices of 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 the Service) without notice and at any time. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.
In order to offer you the best possible service, we have done our best to display as clearly as possible the colors and images of our products that appear on our store. However, we cannot guarantee that your computer screen will display colors accurately.
We reserve the right, but are not obliged, to restrict sales of our products or services to any person, and in any geographical area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit and change the quantities of any product or service 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 of service or product made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in service will be corrected. However, an after-sales service is available at sav@clemaiz.com to help you find the best possible solution to any problem you may encounter.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or from 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 change or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
For more details, please see our Returns Policy here.
ARTICLE 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 on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising from or related to the use of these optional third-party tools.
If you use any of the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the relevant third party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions.
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 web sites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party sites.
We are not responsible for any harm or damage related to the purchase or use of any goods, services, resources, content, or any other transactions conducted in connection with such third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third party products should be submitted to these third parties.
ARTICLE 9 – USER COMMENTS, SUGGESTIONS AND OTHER PROPOSALS
If, at our request, you submit specific content (for example, to enter contests), or if without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail, or otherwise (collectively, “Comments”), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay any compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will your Comments contain any computer virus or other malicious software that could in any way affect the operation of the Service or any associated web site. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
ARTICLE 10 – PERSONAL INFORMATION
Submission of your personal information to 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 that may relate to product descriptions, pricing, promotions, offers, fees, etc. shipping of products, 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 notice (including after you have placed 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 in the Service or on any related website, should be taken into account in concluding that information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate 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 viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, 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.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or represent that your use of our 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 from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without 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 (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Clemaiz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall in no case 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 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 their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – COMPENSATION
You agree to indemnify, defend and protect Clemaiz, our company, our subsidiaries, affiliates, partners, managers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, as to any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your violation of these General Conditions of Sale and Use or the documents to which they refer, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that a provision of these General Conditions of Sale and Use is deemed to be illegal, void or unenforceable, this provision may nevertheless be applied to the fullest extent permitted by law, and the unenforceable part must be considered as being dissociated from these General Conditions of Sale and Use, this dissociation must not affect the validity and applicability of all other 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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or you may no longer access our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services, will be governed by and interpreted in accordance with the laws in force in France.
ARTICLE 19 – DISPUTE: CONSUMER MEDIATION
In the event of a dispute between the Customer and the company, they will endeavour to resolve it amicably (the Customer will send a written complaint to the professional or, where applicable, to the professional’s Customer Relations Department).
In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the Consumer Client within the meaning of Article L.133-4 of the Consumer Code has the possibility of contacting, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the Consumer Mediation Evaluation and Control Commission in application of Article L.615-1 of the Consumer Code, namely:
The Professional Mediation Company
www.mediateur-consommation-smp.fr
24 rue Albert de Mun – 33000 Bordeaux
ARTICLE 20 – CHANGES TO THE GENERAL TERMS OF SALE AND USE
You can review the most current version of the General Terms of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these General Terms of Sale and Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these General Terms of Sale and Use constitutes acceptance of those changes.
ARTICLE 21 – CONTACT INFORMATION
Questions regarding the General Terms of Sale and Use should be sent to us at contact@clemaiz.com