Terms of service
GENERAL TERMS AND CONDITIONS OF SALE AND USE
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OVERVIEW
This website is operated by Chez Elvy. On this site, the terms "we", "us" and "our" refer to Chez Elvy. Chez Elvy offers this website, including all information, tools, and services available on it to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices set forth herein.
By visiting this site and/or purchasing one of our products, you are engaging in our "Service" and agreeing to be bound by the following terms and conditions ("Terms and Conditions of Sale", "Terms and Conditions of Sale and Use", "Terms"), including any additional terms, conditions and policies referred to herein and/or accessible by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are 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 this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use the services offered therein. If these General Terms and Conditions of Sale and Use are considered as an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
Any new features and tools that are added to this store in the future will also be subject to these Terms and Conditions of Sale. You can consult the most recent version of the General 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 the updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE
By agreeing to these Terms and Conditions of Sale, 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 minor dependent on you to use this website.
Use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in connection with the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit worms, viruses or any 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 deny access to the Services to any person at any time for any reason.
You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to 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 our express prior written permission.
The headings used in this Agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for informational purposes only and should not be relied upon as your sole source of information for making decisions, without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain some previous information. This prior information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the 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
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (and any portion or content of the Service) without notice at any time.
We will not be liable to you or any third party for any price change, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online on our website. These products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Returns Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that the display of colors by your computer screen will be accurate.
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 quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you 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, reduce or cancel quantities purchased per person, per household, or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event 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 limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers, or distributors.
You agree to provide current, complete, and accurate order and account information for all orders placed on 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 push to complete your transactions and contact you if necessary.
For more details, please see our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control, 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 and without any endorsement. We will have no legal liability arising out of or related to the use of these optional third-party tools.
If you use the optional tools offered on the Site, you do so at your own risk and discretion, and you should review the terms and conditions on which such tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Some content, products and services available through 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 under no obligation to review or evaluate the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, website, product, service, or other material accessible on or from such third-party sites.
We are not responsible for any injury 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 read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third parties' products should be directed to those same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (e.g., to enter contests), or if without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "Feedback"), you grant us the right, at any time, to: and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comments you send to us. We are not and shall not be required to (1) maintain the confidentiality of any Comments; (2) pay compensation to any person for any comments provided; and (3) respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we deem, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, publicity, or other personal or proprietary rights. You also agree that your comments will not contain illegal, defamatory, offensive, or obscene content, nor will they contain any computer viruses 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, 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 assume no responsibility for, and disclaim all liability for, any comments you post or any other comments.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or in the Service that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, 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 without notice (including after you have placed your order).
We are under no obligation to update, change or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No set date of update or refresh in the Service or on any related website should be taken into account in concluding that the information in the Service or on any other associated website has been changed or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set forth in the Terms and Conditions of Sale, you are prohibited from using the Site or its contents: (a) for any unlawful purpose; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any 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, ethnic origin, 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 manner that compromises the functionality or operation of the Service or any related website, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, crawl or scan the web (or any other resource); (j) for any obscene or immoral purpose; or (k) to breach 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.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent in any way 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 through the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods of time 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 the Service are (unless expressly stated otherwise by us) provided on an "as is" and "as available" basis for your use, without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, revenue, savings, data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of any service or product from this Service,or any other claim 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 arising out of 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 that they may occur. Because some states or jurisdictions do not allow to exclude or limit liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Chez Elvy, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, contractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the documents to which they refer, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable part shall be deemed to be severed from these Terms and Conditions of Sale, such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale, we may also terminate this agreement at any time without prior notice to you and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules that we post on this site or in connection with the Service constitute the entire understanding and arrangement between you and us and 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, but not limited to, any previous version of the Terms and Conditions of Sale and Use).
Any ambiguity as to the interpretation of these General Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms and Conditions of Sale and Use, together with any other separate agreements through which we provide Services to you, shall be governed by and construed in accordance with the laws in force at 1034 rue olivier roy, quebec, QC, G2L0G4, Canada.
ARTICLE 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting the updates and changes on our site. It is your responsibility to visit our site periodically to check for any changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at chezelvy@gmail.com.