Terms of sale

TERMS AND CONDITIONS OF SALE AND USE

----

OVERVIEW

This website is operated by Marie Starek Joaillerie. Throughout the site, the terms 'we', 'us' and 'our' refer to Marie Starek Joaillerie. Marie Starek Joaillerie offers this website, including all information, tools and services available on it, to you, the user, subject to your acceptance of all the terms, conditions, policies and notices stated here.

By visiting this site and/or purchasing one of our products, you engage in our 'Service' and agree to be bound by the following terms ('Terms and Conditions of Sale', 'Terms and Conditions of Sale and Use', 'Terms'), including the additional terms, conditions and policies referenced here and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants and/or content contributors.

Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, you must not access the website or use any of the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.

Any new features and tools subsequently added to this store shall also be subject to these Terms and Conditions of Sale and Use. You can review the most recent version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.

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

ARTICLE 1 – ONLINE STORE TERMS

By agreeing to these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minors in your care to use this website.

You must not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction when using the Service (including, without limitation, copyright laws).

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

Any breach or violation of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse access to the services to anyone, for any reason, at any time.

You understand that your content (excluding your credit card information) may be transferred unencrypted, involving (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. 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, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our prior express written permission.

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information available on this site is inaccurate, incomplete or out of date. The material on this site is provided for general information only and should not be your sole basis for making decisions without first consulting more accurate, complete and up-to-date sources of information. Any reliance on the material presented on this site is at your own risk.

This site may contain certain historical information. Historical information is, by its nature, not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content of it) without notice.

We shall not be liable to you or any third party for any price change, suspension or discontinuation of the Service.

ARTICLE 5 – PRODUCTS OR SERVICES (where applicable)

Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Returns Policy.

We have made every effort to display as clearly as possible the colours and images of the products that appear in our store. We cannot guarantee that your computer monitor will display colours accurately.

We reserve the right, but are not obliged, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and prices may be changed at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information or other goods you purchase or obtain will meet your expectations, or 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, at 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, using the same credit card, and/or using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/telephone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all orders placed in our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control or influence.

You acknowledge and agree that we provide access to such tools 'as is' and 'as available', without warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or relating to your use of these optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should review the terms on which these tools are provided by the relevant third-party provider(s).

We may also offer new services and/or features on our website in the future (including new tools and resources). These new features and services shall also be subject to these Terms and Conditions of Sale and Use.

ARTICLE 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 of these sites, and we do not warrant or accept any responsibility for any content, website, product, service or other material available on or through these third-party sites.

We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions made in connection with these third-party websites. Please review third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products must be directed to the relevant third party.

ARTICLE 9 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, to enter a competition), or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, 'comments'), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send to us. We are and shall be under no obligation (1) to keep any comments confidential; (2) to pay compensation to anyone for any comments provided; or (3) to respond to any comments.

We may, but are not obliged to, monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property rights or these Terms and Conditions of Sale and Use.

You agree that your comments will not violate any third-party rights, including copyright, trademarks, privacy, personality rights or other personal or proprietary rights. You also agree that your comments will not contain unlawful, defamatory, offensive or obscene material, or 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 email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and for their accuracy. We accept no responsibility and assume no liability for any comments posted by you or any third party.

ARTICLE 10 – PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).

We are under no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be taken to indicate that information in the Service or on any related website has been modified or updated.

ARTICLE 12 – PROHIBITED USES

In addition to the prohibitions set out in these Terms and Conditions of Sale and 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 regional ordinance or international, federal, provincial or state law, rule or regulation; (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 may be used in a way that compromises the functionality or operation of the Service, any related or independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack domains, extract information, crawl, spider or scrape the web (or any other resource); (j) for any obscene or immoral purpose; 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 any of these prohibited uses.

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant or represent 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 using the Service will be accurate or reliable.

You agree that, from time to time, we may remove the Service for indefinite periods or cancel the Service at any time, without prior notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through it are, unless we expressly state otherwise, provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Marie Starek Joaillerie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether arising in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service or product obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including, without limitation, any errors or omissions in any content, or 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 such damages. Because certain states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Marie Starek Joaillerie, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising from your breach of these Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

ARTICLE 15 – SEVERABILITY

If any provision of these Terms and Conditions of Sale and Use is found to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable part shall be deemed severed from these Terms and Conditions of Sale and Use. Such severance shall not affect the validity or enforceability of the remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities incurred by the parties before the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions of Sale and Use remain effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale and Use 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 judgement, you fail, or we suspect that you have failed, to comply with these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice. You will remain liable for all amounts due up to and including the termination date, and/or we may deny you access to our Services (or any part of them).

ARTICLE 17 – ENTIRE AGREEMENT

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

These Terms and Conditions of Sale and Use and any other policies or operating rules we publish on this site or in relation to the Service constitute the entire understanding and agreement between you and us, govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, without limitation, any previous version of the Terms and Conditions of Sale and Use).

Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the party that drafted them.

ARTICLE 18 – GOVERNING LAW

These Terms and Conditions of Sale and Use and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws in force at 55 rue de Béthune, Lille, 59800 - France.

ARTICLE 19 – CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE

You can review the most recent version of the Terms and Conditions of Sale and 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 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 after any changes to these Terms and Conditions of Sale and Use are posted constitutes acceptance of those changes.

ARTICLE 20 – CONTACT INFORMATION

Questions about the Terms and Conditions of Sale and Use should be sent to us at contact@mariestarek.com.