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    Conditions d’utilisation

    OVERVIEW

    Welcome to AVELMONT CLOTHING!

    The terms “we”, “us” and “our” refer to AVELMONT CLOTHING. AVELMONT CLOTHING operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a personalised shopping experience (the “Services”).

    AVELMONT CLOTHING uses the Shopify platform, which enables us to provide the Services.

    The following Terms of Service, together with the policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

    Please read these Terms carefully, as they contain important information regarding your legal rights, including disclaimers of warranties and limitations of liability.

    By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you must not access or use our Services.

    SECTION 1 - ACCESS AND ACCOUNT

    By agreeing to these Terms, you represent that you have reached the legal age of majority in your country, state or province of residence and that you consent to allowing any minor dependants under your responsibility to use the Services on devices that you own, purchase or manage.

    To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping details.

    You represent and warrant that all information you provide through our store is accurate, current and complete, and that you have all necessary rights to provide such information.

    You are solely responsible for maintaining the security of your account credentials and for all activity associated with 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 our products and services accurately in our online store.

    However, please note that product colours or appearance may differ from what is displayed on your screen due to the type of device you use, its settings and configuration.

    We do not guarantee that the appearance or quality of products or services purchased will meet your expectations or be identical to their appearance on our online store.

    All product descriptions are subject to change at any time without notice, at our discretion.

    We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction on a case-by-case basis.

    SECTION 3 - ORDERS

    When you place an order, you are making an offer to purchase.

    AVELMONT CLOTHING reserves the right to accept or decline your order for any lawful reason.

    Your order is considered accepted only once you receive written confirmation from AVELMONT CLOTHING.

    Payment must be received and processed before your order can be confirmed.

    Please review your order carefully before submitting it, as AVELMONT CLOTHING may not be able to accommodate cancellation requests once an order has been confirmed.

    If we decline, amend or cancel your order, we will attempt to contact you using the email address, billing address and/or telephone number provided at the time of purchase.

    Your purchases are subject to our Refund Policy.

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

    SECTION 4 - PRICES AND BILLING

    Prices, discounts and promotions may change without prior notice.

    The price charged for a product or service will be the price displayed at the time the order is placed and will appear in your order confirmation email.

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

    Prices displayed on our online store may differ from prices available through physical retail locations or third-party online platforms.

    From time to time, we may offer promotions through the Services. Such promotions may be subject to separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.

    You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

    You agree to promptly update your information, including your email address and payment card information, so that we can complete transactions and contact you where necessary.

    You represent and warrant that:

    1. any payment card information you provide is accurate, complete and valid;
    2. you are authorised to use the relevant payment method;
    3. charges incurred will be honoured by your payment provider; and
    4. you will pay all charges at the prices shown, including applicable shipping, handling and taxes.

    SECTION 5 - SHIPPING AND DELIVERY

    Delivery and shipping times provided on our website are estimates and are not guaranteed.

    We cannot be held responsible for delays caused by carriers, customs procedures or circumstances beyond our reasonable control.

    Where permitted by applicable law, risk of loss may transfer in accordance with the applicable delivery arrangements.

    For further information regarding processing and delivery times, please refer to our Shipping Policy.

    SECTION 6 - INTELLECTUAL PROPERTY

    Our Services, including without limitation all trademarks, trade names, text, displays, images, graphics, product reviews, videos, audio content and their design, selection and arrangement, are owned by AVELMONT CLOTHING, its affiliates or licensors.

    They are protected by applicable copyright, trademark and other intellectual property laws.

    These Terms permit you to use the Services only for personal and non-commercial purposes.

    Unless otherwise expressly permitted, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material available through the Services without our prior written consent.

    Nothing in these Terms grants you any licence or other right in any patent, trademark, copyright or other intellectual property belonging to AVELMONT CLOTHING, Shopify or any third party, except where expressly stated.

    Unauthorised use of the Services may violate intellectual property laws.

    All rights not expressly granted under these Terms are reserved by AVELMONT CLOTHING.

    The names, logos, product and service names, designs and slogans of AVELMONT CLOTHING are trademarks or trade identifiers belonging to AVELMONT CLOTHING, its affiliates or licensors, where applicable.

    You may not use them without our prior written permission.

    Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify.

    All other names, logos, product and service names, designs and slogans appearing through the Services belong to their respective owners.

    SECTION 7 - OPTIONAL TOOLS

    You may be provided with access to third-party tools through the Services that we do not monitor and over which we have no control.

    You acknowledge and agree that access to such tools may be provided “as is” and “as available” without warranties, representations, conditions or endorsement of any kind.

    To the extent permitted by applicable law, we shall have no liability arising from or relating to your use of optional third-party tools.

    Any use of optional tools offered through the website is at your own discretion.

    You are responsible for ensuring that you understand and agree to the terms applicable to such tools as provided by the relevant third-party provider.

    We may also introduce new features, tools or resources through the Services in the future. Such features will form part of the Services and will be subject to these Terms.

    SECTION 8 - THIRD-PARTY LINKS

    The Services may contain content and hyperlinks to websites operated or provided by third parties, including integrated third-party functionality.

    We are not responsible for reviewing or evaluating the content or accuracy of third-party websites or materials you choose to access.

    If you leave the Services to access third-party content or websites, you do so at your own discretion and risk.

    To the extent permitted by law, we are not responsible for harm or damage arising from your access to third-party websites or from the purchase or use of products, services, resources or content available through them.

    We encourage you to review third-party policies and practices carefully before entering into any transaction.

    Complaints, claims, concerns or questions regarding third-party products or services should be addressed directly to the relevant third party.

    SECTION 9 - RELATIONSHIP WITH SHOPIFY

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

    However, any sale or purchase made through our store is made directly between you and AVELMONT CLOTHING.

    By using the Services, you acknowledge that Shopify is not the seller of products sold by AVELMONT CLOTHING and is not responsible for the products or transactions between you and AVELMONT CLOTHING, except to the extent required by applicable law.

    SECTION 10 - PRIVACY POLICY

    Personal information collected through the Services is subject to our Privacy Policy, available at:

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

    Certain information may also be subject to Shopify's Privacy Policy.

    By using the Services, you acknowledge that you have read the applicable privacy policies.

    Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve them.

    Information submitted through the Services may be transmitted to and shared with Shopify and third-party providers, including providers located in countries other than your country of residence, where necessary to provide the Services.

    Please refer to our Privacy Policy for more information about how AVELMONT CLOTHING, Shopify and our partners process personal information.

    SECTION 11 - FEEDBACK

    If you submit, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a worldwide, perpetual, non-exclusive and sublicensable licence to use, reproduce, modify, publish, distribute and display such Feedback for purposes related to operating, improving and promoting the Services.

    You represent and warrant that:

    1. you own or otherwise have all necessary rights to the Feedback;
    2. you have disclosed any compensation or incentive received in connection with the Feedback; and
    3. your Feedback complies with these Terms.

    We are under no obligation to:

    1. maintain Feedback in confidence;
    2. compensate you for Feedback; or
    3. respond to Feedback.

    We may, but are not required to, monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or which infringes intellectual property rights or these Terms.

    You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

    You further agree that your Feedback will not contain unlawful, defamatory, abusive or obscene material, computer viruses or other malware that could affect the operation of the Services.

    You must not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of Feedback.

    You are solely responsible for your Feedback and its accuracy.

    SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

    The Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times or product availability.

    We reserve the right to correct errors, inaccuracies or omissions and to modify or update information or cancel orders where information is inaccurate, subject to applicable law.

    SECTION 13 - PROHIBITED USES

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

    You must not use the Services, directly or indirectly:

    • for unlawful or malicious purposes;
    • in violation of applicable international, national or local laws or regulations;
    • to infringe the intellectual property rights of AVELMONT CLOTHING, Shopify or any third party;
    • to harass, abuse, insult, harm, defame, intimidate or discriminate against another person;
    • to transmit false or misleading information;
    • to distribute content that violates these Terms;
    • to transmit spam, chain letters, junk mail or similar solicitations;
    • to impersonate another person or entity;
    • in a manner that restricts or interferes with another person's use of the Services;
    • in a manner that could harm AVELMONT CLOTHING, Shopify or users of the Services.

    You further agree not to:

    • upload or transmit viruses or other malicious code;
    • reproduce, duplicate, copy, scrape, sell, resell or exploit any part of the Services without permission;
    • collect or track the personal information of others unlawfully;
    • engage in spam, phishing, pharming or pretexting;
    • use automated tools, bots, spiders, scraping tools, data extraction tools or AI systems to access the Services in violation of applicable restrictions;
    • interfere with, bypass or disable security or authorisation features or other measures designed to control access to the Services.

    We reserve the right to suspend, disable or terminate access where we reasonably determine that these Terms have been violated.

    SECTION 14 - AGENTS

    14.1

    This section applies if you use, authorise, enable or deploy an Agent to access, use or interact with the Services.

    An “Agent” means software or a service acting autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity and capable of operating without direct human supervision.

    14.2

    An Agent may only access, use or interact with the Services in accordance with applicable technical and access requirements and must not access the Services where we have instructed the Agent not to do so.

    14.3

    We may limit, including through technical measures, whether and how Agents access, use or interact with the Services.

    14.4

    Agents must:

    1. appropriately identify themselves where required;
    2. not intentionally conceal that access or interaction originates from an automated system;
    3. respond truthfully to mechanisms intended to determine whether interactions originate from a human or automated system; and
    4. not circumvent measures designed to block, limit, modify or control automated access to the Services.

    SECTION 15 - TERMINATION

    We reserve the right to terminate this agreement or your access to all or part of the Services where permitted by applicable law.

    You remain responsible for any amounts properly due up to and including the effective date of termination.

    Provisions which by their nature should survive termination will remain effective, including provisions relating to intellectual property, Feedback, disclaimers, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law and privacy.

    SECTION 16 - DISCLAIMER OF WARRANTIES

    Information made available through the Services is provided for general information purposes.

    We do not warrant that such information will always be accurate, complete or suitable for every purpose.

    To the fullest extent permitted by applicable law, and unless expressly stated otherwise by AVELMONT CLOTHING, the Services are provided on an “as is” and “as available” basis.

    Nothing in these Terms excludes or limits any warranty, condition or statutory consumer right that cannot lawfully be excluded or limited.

    SECTION 17 - LIMITATION OF LIABILITY

    To the maximum extent permitted by applicable law, AVELMONT CLOTHING, our affiliates, partners, officers, directors, employees, agents, contractors, suppliers, service providers and licensors, as well as Shopify and its affiliates, shall not be liable for indirect, incidental, special, exemplary or consequential losses arising out of or relating to your use of the Services or products obtained through the Services where such liability may lawfully be excluded.

    This may include, where permitted by law, loss of profits, revenue, savings or data.

    Nothing in these Terms excludes or limits liability where doing so would be unlawful, including any mandatory consumer rights available under applicable law.

    SECTION 18 - INDEMNIFICATION

    To the extent permitted by applicable law, you agree to indemnify and hold harmless AVELMONT CLOTHING, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from claims or liabilities arising from:

    1. your material breach of these Terms;
    2. your violation of applicable law or the rights of a third party; or
    3. your unlawful use of the Services.

    We will provide reasonable notice of any relevant claim where appropriate.

    SECTION 19 - SEVERABILITY

    If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will remain enforceable to the maximum extent permitted by applicable law.

    The unenforceable portion will be deemed severed from these Terms.

    Such determination will not affect the validity and enforceability of the remaining provisions.

    SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

    These Terms, together with any policies or operating rules posted by us on the website or relating to the Services, constitute the entire agreement between you and us regarding your use of the Services.

    They supersede prior or contemporaneous agreements, communications and proposals relating to the same subject matter.

    SECTION 21 - ASSIGNMENT

    You may not assign, transfer or delegate this agreement or any rights or obligations under these Terms without our prior written consent.

    Any unauthorised attempted assignment may be invalid.

    We may transfer or assign our rights and obligations where permitted by applicable law.

    SECTION 22 - GOVERNING LAW

    These Terms and any separate agreement under which we provide the Services will be governed by and interpreted in accordance with applicable law.

    Where mandatory consumer protection laws apply, nothing in these Terms deprives you of protections or rights granted to you under the laws of your country of residence.

    SECTION 23 - HEADINGS

    The headings used in these Terms are included for convenience only and do not affect the interpretation of these Terms.

    SECTION 24 - CHANGES TO THE TERMS OF SERVICE

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

    We reserve the right to update, amend or replace any part of these Terms by publishing updates and changes on our website.

    Where required by applicable law, we will notify you of material changes.

    Your continued use of the Services following the effective date of updated Terms constitutes acceptance of the revised Terms, subject to applicable law.

    SECTION 25 - CONTACT INFORMATION

    If you have any questions regarding these Terms of Service, please contact us at:

    AVELMONT CLOTHING
    Email: contact@avelmontclothing.com
    Address: 28 Rue Leclerc, 67300 Schiltigheim, France
    SIRET: 979 322 088 00019
    VAT: VAT not applicable — Article 293 B of the French General Tax Code.