TERMS AND CONDITIONS OF SALE AND USE

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OVERVIEW

This website is operated by ACAD. Throughout this website, the terms "we", "our" and "us" refer to ACAD. ACAD offers this website, including all information, tools and services available on it, to you, the user, subject to your acceptance of all the terms, conditions, policies and notices stated here.

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

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 website, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, you must not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.

Any new features and tools subsequently added to this store will also be subject to these Terms and Conditions of Sale and Use. You can review the most recent version of the 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 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 your acceptance of those changes.

Gifties-fr.com is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.


ARTICLE 1: TERMS OF USE OF OUR ONLINE STORE

By agreeing to these Terms and Conditions of Sale and Use, 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 in your care to use this website.

You must not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including, without limitation, copyright laws).

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

Any breach or violation of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services.


ARTICLE 2: GENERAL CONDITIONS

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

You understand that your content (excluding your 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 part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our prior express written permission.

The headings used in this agreement are included for your convenience and will not limit or affect these Terms.


ARTICLE 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this website is not accurate, complete or current. The content of this website is provided for general information only and should not be your sole source of information for making decisions without first consulting more accurate, more complete and current sources of information. If you choose to rely on the content presented on this website, you do so at your own risk.

This website may contain certain historical information. Historical information, by its nature, is not current and is provided for reference only. We reserve the right to modify the content 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: CHANGES TO THE SERVICE AND PRICES

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) at any time without notice.

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


ARTICLE 5: PRODUCTS OR SERVICES (where applicable)

Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.

We have made every effort to display the colors and images of our products that appear in our store as clearly as possible. We cannot guarantee that your computer screen's display of colors will be accurate.

We reserve the right, but are not obligated, to limit 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 quantities of any product or service that 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 stop offering a product at any time. Any offer of a product or service made on this website is void where prohibited by law.

We do not guarantee that the quality of any products, services, information or other merchandise you obtain or purchase 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. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same 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 you at the email address and/or billing address/telephone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to have been placed by merchants, resellers or distributors.

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

For further details, please consult our Return Policy.


ARTICLE 7: OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no monitoring, 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 will have no legal liability arising from or relating to the use of these optional third-party tools.

If you use the optional tools offered on the website, you do so at your own risk and discretion, and you should consult the terms under which these tools are offered by the relevant third-party provider or providers.

We may also, in the future, offer new services and/or features on our website (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.


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 website may direct you to third-party websites that are not affiliated with us. We are not required to examine or evaluate the content or accuracy of these websites, and we do not warrant or assume any responsibility for any content, website, product, service or other material accessible on or from these third-party websites.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transaction carried out in connection with these third-party websites. Please read third-party policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding the products of these third parties should be directed to those third parties.


ARTICLE 9: USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, to enter contests), 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 right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send us. We are not and will not be required (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) to respond to any comments.

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

You agree to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality rights or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, defamatory, offensive or obscene content, nor any computer viruses or other malware that could in any way affect the operation of the Service or any associated website. You may not use a false email address, pretend to be someone other than yourself, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and for their accuracy. We assume no responsibility and disclaim any liability for any comments posted by you or any other third party.


ARTICLE 10: PERSONAL INFORMATION

Your submission of 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 website or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product 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 associated website is inaccurate, at any time and without prior notice (including after you have placed your order).

We are not required to update, amend or clarify information in the Service or on any associated website, including, without limitation, pricing information, except as required by law. No specified update or refresh date in the Service or on any associated website should be taken to indicate that any information in the Service or on any associated website has been modified or updated.



ARTICLE 12: PROHIBITED USES

In addition to the prohibitions set out in the Terms and Conditions of Sale and Use, you are prohibited from using the website or its content: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (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 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 viruses or any other type of malicious code that will or may be used in a way that compromises the functionality or operation of the Service, any associated or independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, crawl or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to infringe 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.


ARTICLE 13: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant or represent under any circumstances 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 through 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 notifying you in advance.

You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through the Service are (unless we expressly state otherwise) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event will ACAD, 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, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of any service or product obtained through this Service, or for any other claim related in any way to your use of the Service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if you have been advised of the possibility of their occurrence. 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 AYPOMAG, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of these Terms and Conditions of Sale and Use or the documents they refer to, or your violation of any law or the rights of a third party.


ARTICLE 15: SEVERABILITY

If any provision of these Terms and Conditions of Sale and Use is found to be unlawful, void or unenforceable, that provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms and Conditions of Sale and Use. This severance will not affect the validity and enforceability of any other 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 and Conditions of Sale and Use remain effective unless and until they are terminated by you or otherwise. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice, and 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

Any failure by us to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use should not constitute a waiver of that right or provision.

These Terms and Conditions of Sale and Use and any other policies or operating rules we publish on this website or in relation to the Service constitute the entire understanding and agreement 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 version of the Terms and Conditions of Sale and Use).

Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use must not be construed against the drafting party.


ARTICLE 18: GOVERNING LAW

These Terms and Conditions of Sale and Use, and any separate agreements through which we provide you with Services, will be governed by and construed in accordance with the laws in force at 9-11 rue des Raverdis, GENNEVILLIERS, 92330, FRANCE?.


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

You can review the most recent version of the Terms and Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms and Conditions of Sale and Use 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 and Conditions of Sale and Use constitutes acceptance of those changes.


ARTICLE 20: CONTACT DETAILS

Questions concerning the Terms and Conditions of Sale and Use should be sent to us at info@gifties-fr.com