Conditions d’utilisation

Intellectual Property

The entire content of the Website (texts, illustrations and computer code) is the property of the Reseller, the Merchant or their co-contractors.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Reseller’s Service are trademarks or trade dress of the Reseller. The Reseller’s trademarks and trade dress may not be used in connection with any product or service that is not provided by the Reseller, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Reseller. All other trademarks not owned by the Reseller that appear in any Reseller’s Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Reseller.

Links to Third Party Websites

All other trademarks not owned by the Reseller that appear in any Reseller’s Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Reseller.

Confidentiality

Reseller shall not give any personal data or personally identifiable information you provide to any third party other than the Merchant and the Reseller’s service providers (such as payment and delivery services).

By placing an order via the Website, you commit that all information you have provided to Reseller is accurate and true information. Your personal data and personally identifiable information is indispensable for the dispatch of the merchandise and invoice. If you do not personal data/personally identifiable information, Reseller shall cancel your order. Your personal data/personally identifiable information shall be used to deliver ordered Products, to inform you of new offers from the Reseller and/or the Merchant, and to contact you should a problem arise concerning the order.

Regarding further information on the privacy and processing of your personal data/personally identifiable information, please refer to our Privacy Policy, available on the Website. These Terms and Conditions of Sale supersede the Privacy Policy, should any conflict arise.

Merchant will treat your personal data and/or personally identifiable information in conformity with its own privacy policy. Please review the Merchant’s privacy policy, available on the Merchant’s website, for more information.

Responsibilities

You agree that these Terms and Conditions of Sale do not intend to confer and do not confer any rights or remedies upon any person other than the parties to these Terms and Conditions of Sale other than as expressly stated herein.

When you use the Reseller sites, you may also be using the services of one or more third parties, such as a payment service provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. We advise you to refer to these third parties’ policies.

You acknowledge that you connect to the Website and use its services at your own risk. The Reseller and Merchant holds no responsibility for any direct or indirect damages a user or a third party may suffer for any reason whatsoever by connecting to the Website, not having access or being able to log in to the Website, or that the Website is or is not working. The Reseller shall take sensible measures to ensure the availability of its services. However, since the transactions are made via the Internet, the Reseller cannot guarantee the quality of the networks outside of its offices. Technical interruptions are possible. The Reseller shall attempt to inform its Customers of the reasons for an interruption, to the best of its ability, but holds no responsibility in the event of a delay. The Reseller hold no responsibility in the event of any loss of your data provided. Customers must always keep a personal copy of files. The Reseller hold no responsibility for not honoring its contractual obligations in the event of chance occurrence, unavoidable accident, an Act of God, or a force majeure event as defined by the laws and precedents of the applicable jurisdiction.

Nor in any event will the Reseller be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages, arising out of or in any way connected with the Store, the software, and any information available in connection therewith, or inability to use the Store, software, subscriptions, or any information, even in the event of the Reseller’ fault, tort (including negligence), strict liability, breach of contract, or breach of the Reseller’s or Merchant’s warranty and even if the Reseller have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate recompense.

Nothing in these Terms and Conditions of Sale limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct.

You agree to defend, indemnify, and hold harmless the Reseller, the Merchant and their licensors, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from or in connection with a breach of these Terms and Conditions of Sale or in connection with the Store (including use of the store by you or any person(s) using your Account), the Products, or an Account. The Reseller and the Merchant have the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you on their behalf.

This section regarding responsibilities shall survive termination of these Terms and Conditions of Sale.

If you provide the Reseller or the Merchant with any feedback or suggestions about the Store, or any Reseller’s software, products, or services, the Reseller are free to use the feedback or suggestions however they choose, without any obligation to account to you or to keep the feedback or suggestions confidential.

The Reseller or the Merchantwill not be responsible for (i) losses that were not caused by any breach on Reseller’s or Merchant’s part, or (ii) any indirect or consequential losses, whether or not foreseeable to both you or us, when the contract for the sale of products by us to you was formed.

The Reseller may inform you through an online notice in the case of systems maintenance. The Reseller shall not be responsible for any resulting delays or consequences of such maintenance.

Product Information

All photographs used to illustrate the Products and services are illustrative only. These photographs are non-contractual, they do not form any part of any contract between you and Reseller, and they cannot bind the Reseller in any way.

Unless expressly indicated otherwise, the Reseller is not the manufacturer of the products sold on the Site. While we work to ensure that Product information on our Website is correct, actual Product packaging and materials may contain more and different information to that displayed on our Website. All information about the Products on our Website is provided for informational purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings, and directions provided with the Product before use.

Customers’ public statements

Reseller may permit visitors to the Website to post reviews, comments, or other content; send e-cards or other communications; and submit suggestions, ideas, comments, questions or other information via the Website. You shall not post, send, or submit any content that is illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of a card or other content. Reseller reserves the right to remove or edit any posted, sent, or submitted content.

If you post, send, or submit content, unless we indicate otherwise in writing, you grant: (a) the Reseller a perpetual, non-exclusive, royalty-free, and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) the Reseller, and their sublicensees and transferees, the right to use, reproduce, modify, publish, distribute, and display the name that you submit in connection with such content. No moral rights are assigned under this provision.

The rights you grant above are irrevocable. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Reseller or Merchant, including the execution of deeds and documents, at our request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is true and accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify the Reseller for all claims brought by a third party against any of them, or any damages, arising out of or in connection with the content and material you supply.

If you believe that any content on or advertised for sale on any Reseller’s Service, including the Website, contains a defamatory statement, or that your intellectual property rights or other rights are being infringed by an item or information on any Reseller’s Service, please notify our customer support.

Applicable Law – Competent Jurisdiction

You agree that these Terms and Conditions of Sale shall be deemed to have been made and executed in the State of California, and any dispute arising hereunder (including any dispute between you and the Merchant) shall be resolved in accordance with the law of California, notwithstanding California’s conflict of laws principles. Subject to Dispute Resolution by Arbitration below, you agree that any claim asserted in any legal proceeding by you against the Reseller shall be commenced and maintained exclusively in the federal or state courts of Los Angeles County, California, and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under these Terms and Conditions of Sale, the prevailing party will be entitled to attorneys’ fees and expenses.

Dispute Resolution by Arbitration

Most user concerns can be resolved by use of our customer support. Customers must contact customer support before bringing any legal claims or arbitration demands against any Sales Entity. If we are unable to resolve your concerns and a dispute remains between you and us, this section explains how the parties agree to resolve it.

YOU AND THE RESELLER AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US (AND BETWEEN YOU AND MERCHANT OR MERCHANT’S AFFILIATES), IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF THE STORE, YOUR ACCOUNT, OR THE RESELLER SOFTWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY.

However, this Section does not apply to the following types of claims or disputes, which you or the Reseller may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy, or theft.

This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.

Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND THE RESELLER ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

You and the Reseller agree to make reasonable efforts, in good faith, to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and the Reseller do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or the Reseller may commence arbitration. Written notice to the Reseller must be sent via postal mail.

The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement, both of which are available at http://www.adr.org. The arbitrator is bound by the terms of this Agreement.

The AAA will administer the arbitration. It may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.

YOU (INCLUDING FOR CLAIMS AGAINST ANY SALES ENTITIES) AND THE RESELLER AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You (including for claims against any Sales Entity) and the Reseller also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement (and the Sales Entity, if applicable) and all other actions or arbitrations.

If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and the Reseller agree that it shall not be severable, that this entire section shall be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration.

Notwithstanding this Section, you have the right to litigate any dispute against Reseller in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.

These terms shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions, of this section alone, such provisions will not apply to you.

Infringement Notice

If you believe that your rights are being infringed, please contact us. We respond expeditiously to rights owners and their agents to communicate concerns about any alleged infringement.

Upon receipt of your infringement notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, for all of which we hold an unmitigated discretion to execute.

Furthermore, by submitting an infringement notice, you grant the Reseller the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding your infringement notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify the Reseller for all claims brought by a third party against the Reseller arising out of or in connection with the submission of your infringement notice.

Customs

You agree to comply with all applicable import/export laws and regulations. You agree not to export the Product or allow use of your Account by individuals of situated in a country subject to an embargo or prohibition of any form from the US government, the European Union, or NATO. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.

When ordering products from the Reseller for delivery outside of the United States of America you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Misc.

Merchant, Merchant’s affiliates, and their respective officers, directors, employees, contractors, and agents are third-party beneficiaries of this Agreement for the purpose of enforcing any indemnification or other obligations under this Agreement.

Notwithstanding anything to the contrary in these Terms and Conditions of Sale, Merchant and Reseller reserve the right, without any limitation, to involve and cooperate with law enforcement authorities in investigating any matters at any time without additional notice to you.

If you breach these Terms and Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions of Sale.

Except as otherwise expressly stipulated in these Terms and Conditions of Sale, in the event that any provision of these Terms and Conditions of Sale shall be held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect.

These Terms and Conditions of Sale, the Reseller’s Privacy Policy and the Members Program Terms and Conditions constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.