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Terms of use
Overview
This website is managed by DENAIVE DIFFUSION SARL. Throughout the site, the terms "we", "us" and "our" refer to DENAIVE DIFFUSION SARL.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms ("Terms of Use", "Terms"), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all of the terms of this Agreement, you may not access the Website or use any Services. If these Terms of Service are considered an offer, your acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store are also subject to these Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page regularly to be aware of any changes. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.
Our store is hosted on the website of Shopify Inc., which provides the platform for us e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS AND CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or have reached the age of majority in your state or province of residence and you have given us your consent to allow any minor use of this site.
You may not use our products for any illegal or unauthorized purpose, and you may not, by using the service, violate any laws in your jurisdiction (including , but not limited to copyright laws).
You must not Do not transmit any worms, viruses or code of a destructive nature.
Violation or failure to comply with any of the conditions will result in the immediate termination of your services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your Content (excluding information relating to credit cards) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion 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 express written permission
The sections used in this Agreement are included for convenience only and do not limit or affect these Terms and Conditions.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this site is not accurate, complete or current. The material on this site is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Any use of the information on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - SERVICE AND PRICE CHANGES
Prices for our products are subject to subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or to a third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and can only be returned or exchanged in accordance with our Returns Policy.
We have made every effort to display the colors and images of our products as accurately as possible. products that appear in the store. We cannot guarantee that any color's display on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic area 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 we offer. All product descriptions or product 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 any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations , nor do we guarantee 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, in our sole discretion, limit 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 that use the same billing and/or shipping address.If an order is changed or cancelled, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of ordering We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, dealers, or distributors.
You agree to provide current, complete, and accurate information about your purchases and your account for all purchases made 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 more details, please see our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not control and on 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. whatsoever and without any endorsement. We shall have no liability whatsoever arising out of or in connection with 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 you should ensure that you know and agree to the terms and conditions under which the tools are provided by the relevant third party vendor(s).
We may also offer new services and/or features through the site (including the provision of new tools and resources) in the future. Such new features and/or services will also be subject to these Terms of Use.
SECTION 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 responsible for examining or evaluating the content or accuracy and we do not warrant and shall have no liability for any third party materials or websites, or for any other materials, products or services from third parties.
We are not responsible for any damages or harm related to the purchase or use of goods, services, resources, content or any other transaction made in connection with sites Third party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding Third Party Products should be directed to the applicable third party.
SECTION 9 - USER FEEDBACK, FEEDBACK AND OTHER SUBMISSIONS
If, to our request, you send certain specific submissions (for example, contest entries) or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, postal mail or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any Comments you send to us on any support. We are and shall be under no obligation (1) to maintain any Comments in confidence, (2) to pay any compensation for any Comments, or (3) to respond to any Comments.
We may, but are not obligated to, monitor, edit or remove content that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any intellectual property party or these Terms of Service
You agree that your comments will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal right or property. You also agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility for comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Submission of your personal information through the Store is governed by our privacy policy. To review our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
The information on our site or in the Service may contain typographical errors, inaccuracies or omissions which may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit 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 on the Service or on a linked site is inaccurate, at any time without notice (including including after you submit your order).
We do not undertake to update, change or clarify any information contained in the Service or on any related website, including without limitation , pricing information, unless required by law. No specified update or refresh date applied in the Service or on any related website shall be deemed to indicate that all 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) to unlawful purposes; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any local, international, federal, provincial or state regulation, rule, law or ordinance; (d) infringe 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 on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in a way that will affect the functionality or operation of the Service or any other website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharmacy, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent any security features of the Service or any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for any breach. any of the prohibited uses.
ARTICLE 13 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant 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 discontinue the service indefinitely or cancel the service at any time without notice.
You expressly agree that your use or inability to to use the service is at your own risk. The Service and all products and services provided 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 condition of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
Under no circumstances shall DENAIVE DIFFUSION SARL, its directors, officers, employees, affiliates, agents, subcontractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, loss of profits, revenue, savings, data, replacement costs, or any other similar damages, whether based in contract, tort (including negligence), liability, strict or otherwise, arising out of your use of the Service or any products obtained through the use of the Service, or for any other claims 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 resulting from e your use of the Service or any content (or product) displayed, transmitted or otherwise made available through the Service, even if you have been advised of the possibility thereof.Because some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law
You agree to indemnify, defend and hold harmless DENAIVE DIFFUSION SARL and its parent company, subsidiaries, affiliates, partners, managers, 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 out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
ARTICLE 15 - DIVI DISCLAIMER
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed. of these Terms of Use, such determination not affecting the validity and applicability of the other provisions.
ARTICLE 16 - TERMINATION
The obligations and responsibilities of the parties contracted before the date of termination shall survive termination of this Agreement for all purposes.
These Terms of Service are effective 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 to comply you do not, or if we suspect that you do not, 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 until on the date of termination inclusive; and/or accordingly, we may deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
The Our failure 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 the 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 agreements, communications and proposals or contemporaneous, whether oral or written, between you and us (including without limitation any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Conditions of use cannot be interpreted against the Publisher.
ARTICLE 18 - LO I APPLICABLE
These Terms of Service and any separate agreement by which we provide services to you shall be governed by and construed in accordance with French law.
ARTICLE 19 - CHANGES TO THE TERMS OF 'USAGE
You may review the most recent version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, to change or replace any part of these Terms of Service by posting updates and changes to our website.It is your responsibility to periodically check our website for changes. Continued use of or access to our website or the service after the posting of any changes to these terms of service constitutes acceptance. of these modifications.
ARTICLE 20 - CONTACT INFORMATION
If you receive a promotional offer after your purchase, you obviously cannot request a refund of the difference between the amount paid for the product and the amount offered under the promotion.
ARTICLE 21 - PACKAGING
If the box or packaging or the marking of the product received is different from the images on the site, it means that the supply of the box or the product is insufficient. Therefore, we ensure that the product is in good condition to arrive at its destination, we use a white box or product instead which is similar to the original pictures shown on the site. We are not responsible and the product or box cannot be returned and refunded based on this change which has no effect on the quality and use of the product.
ARTICLE 22 - PROMOTIONAL OFFER
Questions relating to the conditions of use should be addressed to us at DENAIVE DIFFUSION SARL: 7 rue du 29 Juillet - 75001 Paris, France. Email: contact@denaive.com.
ARTICLE 23 - INTELLECTUAL PROPERTY
The www.denaive.com site taken as a whole, as well as each of the elements that compose it taken independently, in particular the programs and the contents including data, texts, fixed or animated images, videos, logotypes, sounds, graphics , files, are the exclusive property of Mr. Dominique Denaive and the company DENAIVE DIFFUSION SARL or third parties who have granted him the rights. Any total or partial representation of the site or of one of the elements that compose it, without the express authorization of its owner, is prohibited and would constitute an infringement punishable by articles L.335-2 and following of the Intellectual Property Code.
The databases appearing on the site are protected by articles L.341-1 and following of the Intellectual Property Code and any extraction or qualitatively or quantitatively substantial reuse of the content of the databases is sanctioned.
The trademarks and logotypes appearing on the website are trademarks registered by DENAIVE DIFFUSION SARL or by third parties. Any reproduction, imitation or use, total or partial, of these distinctive signs without the express authorization and in violation of the prohibitions provided for in articles L.713-2 and following of the Intellectual Property Code engages the responsibility of their author. The other distinctive signs, in particular the company names, trade names, signs, domain names reproduced on the site are the property of the company DENAIVE DIFFUSION SARL or by third parties and any reproduction without express authorization is likely to constitute usurpation engaging the responsibility of its author on the basis of article 1240 of the Civil Code. DENAIVE DIFFUSION SARL undertakes to make its best efforts to ensure that users have access to the site at all times. However, it cannot be held responsible in the event of unavailability of the site, for any reason whatsoever. The user of the site acknowledges having read this legal notice and undertakes to respect it.The user acknowledges having the skills and means necessary to access and use the site, and acknowledges having verified that the computer configuration used does not contain any virus and that it is in perfect working order The information provided by DENAIVE DIFFUSION SARL is indicative only. It cannot guarantee the accuracy, completeness or timeliness of the information published on the site. The user acknowledges using the information and tools available on the site under his exclusive responsibility.
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