General Terms of Sale and Use

GENERAL TERMS AND CONDITIONS OF SALE AND USE

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OVERALL VIEW

This website is exploited by Mouyma. On this website, the terms “we”, “our” and “ours” refer to Mouyma. Mouyma proposes this website, including all information, tools and services that are available for you, the user, conditioned upon your acceptance of all terms, conditions, policies and opinions stated here.

By visiting this website and/or purchasing any of our products, you are engaging in our “Service” and accept to be bound the following terms (“General terms and conditions”, “general terms and conditions and use”, “conditions”), including any additional ways and means, conditions and policies referenced herein and/or hyperlinked thereto. These General Terms and Conditions and Use apply to any user of this website, including but not limiting to the users navigating on the website, who are vendors, customers, merchants and/or content contributors.

Please, read these General Terms and Conditions and Use carefully before accessing to or use our website. By accessing to or using any part of this website, you accept to be bound by these General Terms and Conditions and Use. If you do not accept all the terms and conditions of this agreement, then you must not access to the website nor use the proposed services there. If these General Terms of Sale and Use are considered as an offer, the acceptation expressly limits itself to these General Terms of Sale and Use.

All the new functionalities and tools that will be added later on this shop will be subjected to these General Terms of Sale and Use. You can visit the latest version of the General Terms of Sale and Use at any moment on this page. We reserve the right to upgrade, change or replace any part of these General Terms of Sale and Use, by publishing the upgrades and/or the modifications on our website. It is incumbent upon you to visit this page regularly so as to check if modifications were brought. Your continued use of or access to the website following the publication of any changes constitutes your acceptance of those changes.

Our online store is hosted on Shopify Inc. They provide the e-commerce platform that allow us to sell our products and services to you.

 

SECTION 1 – TERMS OF USE OF OUR ONLINE STORE

By agreeing to these General Terms of Sale and Use, you declare that you reached the age of majority in your country, State or living province, and that you gave us your consent to allow to any person under majority and under your responsibility to use this website.

The use of our products for illegal or non-authorized purpose is forbidden and you must not, in connection with the use of the Service, violate the laws of your jurisdiction (including but not limiting to the laws regarding the royalties).

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

Any infringement or violation of the present Generals Terms of Sale and Use will bring about the immediate cancellation of your Services.

 

SECTION 2 – GENERAL TERMS

We reserve the right to deny access to the Services to any person at any moment, whatever the reason is.

You understand that your content (excluding your credit card information) could be transferred in a non-encoded way, and this means (a) transmissions on diverse networks and (b) changes to conform and adapt to technical exigences for networks or devices login. Credit card information are always encrypted during the network transmission.

You accept to not 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 express written authorization coming from us.

The titles used in this agreement are included for your commodity and won’t limit nor affect these Conditions.

 

SECTION 3 – ACCURACY, EXHAUSTIVENESS, AND TIMELINESS OF INFORMATION

We cannot be held accountable if the information available on this website are not accurate, complete or updated. The content of this website is provided for information purpose only and should not be your only source of information to take decisions, without consulting more accurate, complete and updated beforehand. If you decide to rely on the content presented on this website, you do it at your own risk.

This website could contain some previous information. These anterior information, by nature, are not updated and are provided as a guide only. We reserve the right to change the content of this website at any moment, but we have no obligation to update information on our website. You accept that it is incumbent to you to check the modifications brought to our website.

 

SECTION 4 – CHANGES TO THE SERVICE AND PRICES

The price of our products can be modified without notice.

We reserve the right to change or interrupt the Service at any moment (as well as any part or any content of the Service) without notice and at all times.

We will not be responsible to you or any third party of any price modification, suspension or interruption of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES (if necessary)

Some products or services can be exclusively available online on our website. These products and services can be available in short supply and can only be subject to returns or exchanges in compliance with our Return Policy.

We did our best to display the colors and images of our products appearing on our store as clearly as possible. We cannot guarantee that the display of the colors by your device screen will be precise.

We reserve the right, without being compelled to do it, to limit the sales of our products or services to any person, and in any geographical region or jurisdiction. We could apply this right case by case. We reserve the right to limit the supplies of any product or service that we offer. All the products’ descriptions and all prices can be modified at all times and without prior notice at our sole discretion. We reserve the right to offer a product at any time. Every service or product offer presented on this website is null where prohibited by law.

We do not guarantee that the quality of all products, services, information or any other merchandise that you got or purchased will meet your expectations nor that any error in the Service will be corrected.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order that you could place to us. We could, at our sole discretion, reduce or cancel the quantities purchased per person, household or per order. These restrictions could include orders placed by or from the same customer account, credit card and/or orders that use the same billing and/or shipping address. In the case that we change an order or cancel it, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or forbid orders, which, to our sole judgement, seem to be from merchants, resellers or distributors.

You accept to provide updated, complete and exact account and order information for all the orders placed on our store. You commit to quickly update your account and other information, including your email address, credit card number and expiration dates, so that we can complete your transactions and contact you if necessary.

For more details, please consult our Return Policy.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third party tools over which we have no control or influence.

You recognize and accept the fact that we provide access to such tools “at it is” and “according to the availability”, without any guarantee, representation or condition of any kind and without any approbation. We will not have any legal liability resulting from or linked to the use of these optional third-party tools.

Going forward, we also may offer new services and/or functionality on our website (including new tools and resources). These new features and services will also be liable to these General Terms of Sale and Use.

 

SECTION 8 – THIRD PARTY LINKS

Some contents, products and services available through our Service may include elements coming from third parties.

Links proceeding from third parties on this website may redirect you to third parties’ websites that are not affiliated to us. We are not compelled to examine or assess the content or the accuracy of these websites, and we do not guarantee nor take responsibility as for any content, website, product, service or other element accessible on or from these third party’s websites.

We are not responsible for harm or damages linked with the purchase or the use of goods, services, resources, content or any other transaction made, related to these third-party websites. Please read the policies and practices of third parties carefully and make sure to understand them well before engaging yourself in any type of transaction. Complaints, claims, concerns or questions regarding the products of these third parties shall be submitted to these same third parties.

 

SECTION 9 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS

If, to our demand, you submit specific contents (for instance to participate to giveaways), or if without any demand coming from us, you send creative ideas, suggestions, proposals, plans and other elements, whether it be online, by email, by mail or in another way (collectively, “comments”), you grant us the right, at all times and without restriction to edit, copy, publish, distribute, translate and use differently and in any media every comment that you send to us. We are not and will not be forced to (1) keep the confidentiality in the comment section; (2) to pay a compensation to anyone for any provided comment; (3) to answer to the comments.

We could, (but we have no obligation to do it) monitor or delete the content that we find, to our sole discretion, illegal, offending, threatening, insulting, defamatory, pornographic, obscene or by reprehensible by other means, or that transgress any intellectual propriety or these General Terms of Sale and Use.

You commit to write comments that do not violate the third parties’ rights, including the royalties, registered trademarks, confidentiality, personality or other personal or property rights. You also acknowledge that your comments will not contain illegal content, defamatory, offending or obscene and that they will not include computer viruses or other malicious software that could affect the operation of the Service or any other associated website in any way. You cannot use a fake email address, pretend to be somebody you are not, or try to mislead us and/or the third parties as for the origin of your comments. You are entirely responsible for all the comments that you publish as well as their accuracy. We do not take any responsibility and decline any commitment regarding any comment that you or any other third party publish.

 

SECTION 10 – PERSONAL INFORMATION

The submission of your personal information on our store is governed by our Privacy Policy. Click here to read our Privacy Policy.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Sometimes, information on our website or in the Service might contain typographic errors, inaccuracies or omissions that could be related to the products’ descriptions, prices, promotions, offers, shipping costs, delivery time and availability. We reserve the right to correct any mistake, inaccuracy, omission, and to change or update some information or to cancel orders, if any piece of information in the Service or on every other associated website is inaccurate, and so, at all times and without notice (even after your order was placed).

We are not compelled to update, modify or clarify information in the Service or on any other associated website, including but not limiting to information on the prices, unless required by law. No defined update or refresh date in the Service or any associated website should be taken as a basis for concluding that the information in the Service or any associated website has been changed or updated.

 

SECTION 12 – PROHIBITED UTILIZATIONS

In addition to the prohibitions stated in the General Terms of Sale and Use, it is forbidden to use the website or its content: (a) for illegal purposes; (b) to incite the third parties to realize illegal acts or to be a part in it; (c) to violate any regional ruling or any law, rule or international, federal, provincial or State rule; (d) to harm or violate our rights of intellectual property or those of the third parties; (d) to harass, mistreat, insult, hurt, defame, slander, denigrate, intimidate or discriminate anyone according the gender, sexual orientation, religion, ethnicity, race, age, the origins, 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 might be used to jeopardize the feature or the functioning of the Service or of any other associated, independent website or Internet; (h) to gather or follow the personal information of others; (i) to spam, scam, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with 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 the prohibited uses.

 

SECTION 13 – EXCLUSION OF GUARANTEES AND LIMITATION OF LIABILITY

We do guarantee nor pretend in no case that your use of our Service will be uninterrupted, quick, safe or errorless.

We do not guarantee that the results that you may obtain through the use of the Service will be accurate or reliable.

You accept that, from time to time, we could delete the Service for undefined periods of time or cancel the Service at any moment, without notice.

You expressly acknowledge that your use of the Service, or your incapacity to do so, is at your sole risk. The Service, as well as all the products and services that are provided to you through the Service are (unless we expressly state otherwise) provided “unaltered” and “according to the availability” for your use, and so, without representation, without warranties and without conditions of any kind, either express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title and non-infringement.

Mouyma, our directors, managers, employees, affiliate companies, contracting parties, trainees, supplier, contractors and licensors can in no instance be held accountable of any injury, loss, claim or of direct, indirect, accessory, coercive, special damages or consecutive damages whatever their nature is, including but not limiting to the loss of benefits, incomes, savings, data, replacement costs or every similar damages, whether they are contractual or criminal (even in case of negligence), of strict liability or other, resulting from your use of any service or product proceeding from this Service in relation with any other claim linked in any way whatsoever to your use of the Service or of any product, including but not limiting to any mistake or omission in any content, or for 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.

 

SECTION 14 – COMPENSATION

You accept to indemnify, defend and protect Mouyma, our parent company, our subsidiaries, affiliate companies, partners, supervisors, directors, agents, contracting parties, contractors, service providers, subcontractors, suppliers, interns and employees as to any claim or demand, including the reasonable lawyer fees, made by any third party because or coming out of your violation of these General Terms of Sale and Use or the documents they refer to, or of your violation of any law or third-party’s rights.

 

SECTION 15 – DISSASSOCIABILITY

In the case where a measure of the present General Terms of Sale and Use may be judged as illegal, null or inapplicable, this measure may nevertheless be applied to the full extent permitted by law, and the unenforceable part will have to be considered as being dissociated to these General Terms of Sale and Use. This dissociation must not affect the validity and the applicability of all the remaining measure.

 

SECTION 16 – CANCELLATION

The obligations and liabilities engaged by the parties before the cancellation date will stay into effect after the cancellation of this agreement and so, for all purposes.

This General Terms of Sale and Use are effective unless and until you cancel it or not. You can terminate these General Terms of Sale and Use at any moment by notifying us that you do not want to use our Services anymore or when you stop using our website.

If we judge, to our sole discretion, that you fail or if we suspect that you were unable to conform to the terms of these General Terms of Sale and Use, we also could cancel this agreement at any time without notice beforehand and you will remain liable for all amounts owed up to the including date of termination, and/or we may deny you access to our Services (or any part thereof).

 

SECTION 17 – INTEGRALITY OF THE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms of Service or any other operating policies or rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service).

Any ambiguity in the interpretation of these Terms and Conditions shall not be construed to the detriment of the drafting party.

 

SECTION 18 – APPLICABLE LAW

These General Terms of Sale and Use, and any separate agreement through which we provide you Services shall be governed by and construed in accordance with the laws in force at 189 avenue Colgate, Marseille, U, 13009, France.

 

SECTION 19 – CHANGES TO THE GENERAL CONDITIONS OF SALE AND USE

You may review the most current version of the 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 Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION

Questions regarding the Terms and Conditions of Sale and Use should be sent to us at info@mouyma.com.

Pour suivre l'aventure Mouyma !

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