Terms of service
OVERVIEW
This website is operated by sur.écoute. Throughout the site, we use the terms "we", "us" and "our" to refer to sur.écoute. This website, including all information, tools and services to which it gives access, is offered by sur.écoute to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from our company, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms of Use"), including the terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including without limitation individuals who are visitors, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.
Any new tools or features that are added to the present store are also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting such updates and/or changes on our website. It is your responsibility to check this page from time to time to see whether any changes have been made. By continuing to access or use the website after the posting of the changes, you accept them.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – ONLINE STORE TERMS
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your region, province or state, and that you have given us your consent to allow any minor dependent of yours to use this site.
You must in no way use our products for any illegal or unauthorized purpose, nor may you violate any laws of your jurisdiction when using the Service (including but not limited to copyright laws).
You must not transmit any computer worm, virus or any code of a destructive nature.
A breach or violation of any of the Terms will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time and for any reason whatsoever.
You understand that your content (with the exception of your credit card information) may be transferred unencrypted, and that this involves (a) transmissions over various networks; and (b) changes made in order to conform and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, any use of the Service or any access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We cannot be held responsible if the information made available on this site is inaccurate, incomplete or out of date. The content of this site is provided for general information only and must not be relied upon or used as the sole basis for making decisions without consulting more primary, more accurate, more complete or more timely sources of information. If you rely on the content of this site, you do so at your own risk.
This site may contain certain historical data. By definition, historical data is not current and is provided for 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 it contains, whatever that information may be. You acknowledge that it is your responsibility to monitor the changes made to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time and without notice.
We shall not be liable to you or to any third party for any price change, or for any modification, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. The quantities of these products or services may be limited, and their return or exchange may be strictly subject to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of the products that appear in the store. We cannot, however, guarantee the accuracy with which the colors are displayed on your computer screen. We have made every effort to display as accurately as possible the design (the drawing/artwork applied to the garment) of the products that appear in the store. We cannot, however, guarantee a perfect match between the display in the store and your item. Since some of our pieces are handmade as unique items, a series of pieces of the same model will show variations in the design (design placement, design color).
We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region or given jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services that we offer. All descriptions of the products and their pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of a product at any time. Any offer of a product or service on this site is void where prohibited by law.
We do not warrant that the quality of the products, services, information or other materials that you purchase or obtain will meet your expectations, nor that any errors the service may contain 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 the 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 modify or cancel an order, we may attempt to notify you by contacting you at the e-mail address and/or the billing address or telephone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our judgment, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and any other information, including your e-mail address and your credit card numbers and their expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please review our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control or manage.
You acknowledge and agree that we provide you with access to these tools "as is" and "as available", without warranty, representation or condition of any kind and without any endorsement whatsoever. We shall have no liability whatsoever for anything that may result from or be connected with your use of the optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own discretion and at your own risk. In addition, it is up to you to inform yourself about the conditions under which these tools are provided by the relevant third-party provider(s) and to accept those conditions.
We may also, in the future, offer new services and/or new features through the website (including the release of new tools and resources). Such new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services accessible via our Service may include materials from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not obliged to examine or evaluate their content or their accuracy, and we do not warrant and assume no liability for any third-party content or websites, or for any other content, products or services from third-party sources.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction connected with these third-party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products must be addressed to those same third parties.
ARTICLE 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without any request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and use in any medium whatsoever all the comments that you send us. We are not and shall in no case be obliged (1) to maintain the confidentiality of the comments; (2) to compensate anyone for any comment provided; or (3) to respond to the comments.
We may, but have no obligation to, remove content and Accounts containing content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates the intellectual property of any party or these Terms of Use.
You agree that your comments must in no case infringe the rights of third parties, including copyright, trademark, privacy, personality or any other personal or intellectual property right. You further agree that your comments must not contain any unlawful, abusive or obscene material, nor any computer virus or other malicious software liable to affect in any way the operation of the Service or of any related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us or third parties as to the origin of the comments. You are entirely responsible for all the comments you make as well as for their accuracy. We disclaim all liability for comments posted by you or by a third party.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information in our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be, on our site or in the Service, information containing typographical errors, inaccuracies or omissions relating to descriptions, prices, promotions, offers, shipping charges, transit times and product availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information, or even to cancel orders if any information in the Service or on any related website is inaccurate, and to do so at any time and without notice (including after you have placed your order).
We are under no obligation to update, amend or clarify the information stated in the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to the Service or to any related website should be taken to indicate that all the information offered in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the other prohibitions set out in the Terms of Use, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any local ordinance or any international, federal, provincial or state regulation, rule or law; (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 on the basis of 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 could be used to compromise the functionality or operation of the Service or of any related website, as well as other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape the web; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security measures of the Service or of any related site, as well as other websites or the Internet. We reserve the right to terminate your use of the Service or of any related website for breaching the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We in no case guarantee, certify or represent that your use of our Service will be uninterrupted, secure, timely or error-free.
We do not warrant that the results that may be obtained from using the Service will be accurate or reliable.
You agree that, from time to time, we may withdraw the Service for indefinite periods or cancel it at any time and without notice.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all the products and services provided to you through it are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without representation, warranties or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
sur.écoute, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors can in no case be held liable for any injury, loss, claim, or for any direct, indirect, incidental, punitive, special or consequential damages, including but not limited to loss of profits, revenue, savings or data, replacement costs or other similar damages, whether contractual, tortious (even in the case of negligence), based on strict liability or otherwise, resulting from your use of the Service or of any service or product using it, or from any other claim connected in any way whatsoever with your use of the Service or of any product, including but not limited to errors or omissions in any content, or any loss or damage arising from the use of the Service or of any content (or product) posted, transmitted or made accessible through the Service, and this even if you have been advised of the possibility of their occurrence.
Because certain states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions shall be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold sur.écoute and our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party because of or as a consequence of your violation of these Terms of Use or of the documents to which they refer, or of your violation of any laws or rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, without that determination affecting the validity and enforceability of the other provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties before the termination date shall remain in force after the termination of this agreement, and this for all purposes.
These Terms of Use shall remain in force unless and until they are terminated by you or by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine or suspect, in our sole discretion, that you are not complying or have not complied with any term or provision of these Terms of Use, we may also terminate this agreement at any time and without notice. You will then remain liable for all amounts due up to and including the date of termination, as a consequence of which we may deny you access to our Services (or to any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce a right or provision of these Terms of Use does not constitute a waiver of that right or provision.
These Terms of Use or any other policy or operating rule that we post on this site or that concern the Service constitute the entire understanding and agreement between you and us, and govern your use of the Service. They supersede all prior and current agreements, communications and proposals, whether oral or written, between you and us (including but not limited to any prior version of the Terms of Use).
Any ambiguity as to the interpretation of these Terms of Use shall not be construed against the drafting party.
ARTICLE 18 – GOVERNING LAW
These Terms of Use are governed by and construed in accordance with French law, without regard to conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the courts of Castres for the resolution of any complaint or dispute arising out of these Terms of Use or of your use of the Service.
ARTICLE 19 – CHANGES TO THE TERMS OF USE
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting such updates and/or changes on our website. It is your responsibility to check our website from time to time to see whether any changes have been made. By continuing to access or use our website and the Service after the posting of changes to these Terms of Use, you accept them.
ARTICLE 20 – CONTACT INFORMATION
Questions relating to the Terms of Use must be sent to us at direction@surécoute.store or serviceclient@surécoute.store.
