Terms of service
TERMS OF SERVICE
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OVERVIEW
This website is operated by L'Esprit Gothique. Throughout the site, the terms "we," "our," and "us" refer to L'Esprit Gothique. This website, including all information, tools, and services available, is offered by L'Esprit Gothique to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation, visitors, vendors, customers, merchants, and content contributors.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms of this agreement, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Site following the posting of changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are of legal age in your jurisdiction or have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and 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 during transfer.
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 express written permission from us. Only the site owner has the right to duplicate the site.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is inaccurate, incomplete, or outdated. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for decisions without consulting primary, more accurate, more complete, or more timely sources. Any reliance on the material is at your own risk.
This site may contain historical information. By definition, historical information 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. You acknowledge that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO SERVICE AND PRICES
Prices for 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 without notice.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These may have limited quantities and are subject to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products. However, we cannot guarantee that your monitor's display will be accurate. Color discrepancies may be due to our suppliers in Asia.
We reserve the right, but are not obligated, to limit sales 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 pricing 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 a product or service made on this site is void where prohibited.
We do not warrant that the quality of products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – BILLING AND ACCOUNT INFORMATION ACCURACY
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, household, or order. These restrictions may include orders placed under the same customer account, credit card, and/or orders using the same billing/shipping address. If we modify or cancel an order, we may attempt to notify you via email, billing address, or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all transactions. You agree to promptly update your account and other information, including email, credit card numbers, and expiration dates, to complete transactions and contact you as needed.
For more details, please review our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have control.
You acknowledge that we provide access to such tools "as is" and "as available," without warranties, representations, or conditions of any kind. We shall have no liability arising from your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk. You should ensure you understand the terms provided by the relevant third-party provider(s).
We may also offer new services or features through the website (including new tools and resources). These shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to websites unaffiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant or assume liability for any third-party materials or websites.
We are not liable for any harm related to purchases of goods, services, resources, content, or transactions connected to third-party websites. Review the third party's policies before engaging in any transaction. Complaints, claims, or questions regarding third-party products should be directed to the third party.
SECTION 9 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific content (e.g., contest entries), or without a request, you send creative ideas, suggestions, proposals, plans, or other materials ("Comments"), you grant us the right to edit, copy, publish, distribute, translate, and use such Comments in any medium. We are not obligated to (1) keep Comments confidential; (2) compensate for Comments; or (3) respond to Comments.
We may, but are not obligated to, remove content or accounts containing material we deem unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property or these Terms.
You agree that your Comments will not violate third-party rights (including copyright, trademark, privacy, or personal/proprietary rights). Comments must not contain illegal, abusive, or obscene material, or any computer virus/malware. You may not use a false email address, impersonate others, or mislead us or third parties. You are solely responsible for your Comments and their accuracy. We disclaim liability for Comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy. Click here to review our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, our Site or Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit 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 is inaccurate (including after you submit your order).
We are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing, except as required by law. No specified update date should be taken to indicate all information has been modified.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions in these Terms, you are prohibited from using the Site or its content:
(a) for unlawful purposes; (b) to solicit others to perform unlawful acts; (c) to violate regulations, rules, or laws; (d) to infringe intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate; (f) to submit false/misleading information;
(g) to upload viruses or malicious code; (h) to collect personal information of others; (i) for spamming, phishing, or scraping; (j) for obscene/immoral purposes; or (k) to interfere with security features. We reserve the right to terminate your use for violating prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, secure, timely, or error-free.
We do not warrant results obtained from the Service will be accurate or reliable.
You agree we may remove the Service indefinitely or cancel it at any time without notice.
You expressly agree your use of, or inability to use, the Service is at your sole risk. The Service and all products/services delivered are (except as expressly stated by us) provided "as is" and "as available" without warranties of any kind, including merchantability, fitness for a particular purpose, or non-infringement.
L'Esprit Gothique, our directors, employees, affiliates, agents, contractors, interns, suppliers, or service providers shall not be liable for any injury, loss, claim, or direct/indirect/consequential damages (including lost profits, revenue, savings, data, replacement costs, or similar damages) arising from your use of the Service or any product procured using the Service, even if advised of their possibility.
Because some jurisdictions do not allow limitations on liability for consequential/incidental damages, our liability in such jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless L'Esprit Gothique, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand (including attorneys’ fees) due to your breach of these Terms or violation of any law or third-party rights.
SECTION 15 – SEVERABILITY
If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed, without affecting the validity of remaining provisions.
SECTION 16 – TERMINATION
Obligations incurred prior to termination shall survive termination for all purposes.
These Terms remain effective unless terminated by you or us. You may terminate by notifying us you no longer wish to use our Services or by ceasing use of our site.
If we suspect you have violated these Terms, we may terminate this agreement immediately without notice. You remain liable for all amounts due up to termination, and we may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right/provision of these Terms shall not constitute a waiver.
These Terms and any policies posted by us constitute the entire agreement between you and us, governing your use of the Service, superseding prior agreements. Any ambiguities shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms and any separate agreements for Services shall be governed by European law.
SECTION 19 – CHANGES TO TERMS
You can review the most current version of the Terms at any time on this page.
We reserve the right to update, change, or replace any part of these Terms by posting changes. Your continued use of the Site after changes constitutes acceptance.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms should be sent to: contact@espritgothique.com
