Terms and Conditions of Sale
TERMS OF USE
This site is operated by Four Eyes Éditions. Throughout the site, the terms “we”, “our” and “us” refer to Four Eyes Éditions.
Four Eyes Éditions makes this website available, including all the information, all the tools and all the Services available on this site, to you, the user, subject to your acceptance of all the conditions, policies and notices set out 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 Use”, “Conditions”), including the additional conditions and policies referred to in this document and/or accessible by hyperlink.
These Terms of Use apply to all users of the site, including, without limitation, users who browse the site, suppliers, customers, merchants and/or contributors of content.
Please read these Terms of 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 of Use.
If you do not accept all of the conditions of this agreement, you may not access the website or use the Services.
If these Terms of Use are deemed to constitute an offer, acceptance is expressly limited to these Terms of Use.
Any new feature or any new tool added to the online store will also be subject to these Terms of Use.
You may consult the most recent version of the Terms of Use on this page at any time.
We reserve the right to update, modify or replace any part of these Terms of Use by publishing updates and/or modifications on our website.
It is your responsibility to consult this page regularly in order to take note of any modifications.
Continuing to use or to consult the website after modifications have been published constitutes acceptance of those modifications.
Our store is hosted by Shopify Inc. That company provides us with the online e-commerce platform that enables us to sell our products and our Services.
SECTION 1 - TERMS OF USE OF THE ONLINE STORE
By accepting these Terms of Use, you declare that you are at least of the legal age of majority in your country or province of residence, or that you have reached the legal age of majority in your State or province of residence and have given us your authorisation to allow any of your dependent minor children to use this site.
You may not use our products for unlawful or unauthorised purposes, nor, in the course of using the Service, breach the laws applicable in your jurisdiction (including, without limitation, laws relating to copyright).
You must not transmit viruses, worms or any other code of a destructive nature.
Any breach of these Conditions will result in the immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse to supply a Service to any person, for any reason whatsoever and at any time.
You understand that your content (excluding bank card information) may be transferred without encryption and may involve:
(a) transmissions over different networks;
(b) modifications necessary in order to adapt to the technical requirements of connected networks or devices.
Bank card information is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of the Service, any access to the Service or any contact appearing on the website enabling the Service to be provided, without our express written authorisation.
The headings used in this agreement are intended solely to assist reading and neither limit nor otherwise affect these Conditions.
SECTION 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 appearing on this site is provided solely for general information purposes and must not be regarded as a sole source for taking decisions without consulting primary sources of information that are more accurate, more complete or more recent.
Any use of the information appearing on this site is at your own risk.
This site may contain certain historical information.
Historical information is necessarily not up to date and is provided solely for reference purposes.
We reserve the right to modify the content of this site at any time, but we are under no obligation to update the information appearing on our site.
You accept that it is your responsibility to monitor the modifications made to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND TO PRICES
The prices of our products may be modified without notice.
We reserve the right, at any time, to modify or discontinue the Service (or any part or any content thereof) without notice.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
(where applicable)
Certain products or Services may be available exclusively online via the website.
Those products or Services may be available in limited quantities and are subject to returns or exchanges solely in accordance with our Returns Policy.
To consult our Returns Policy, please see: Returns Policy.
We have done everything possible to display as accurately as possible the colours and images of our products appearing in the store.
We cannot guarantee that the display of colours on your computer screen will be accurate.
We reserve the right, without being obliged to do so, to limit the sales of our products or Services to any person, geographical region or jurisdiction.
We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of products or Services offered.
All product descriptions and product prices may be modified at any time without notice, at our sole discretion.
We reserve the right to discontinue the sale of any product at any time.
Any offer relating to a product or a service made on this site is void where it is prohibited.
We do not guarantee that the quality of the products, Services, information or other content purchased or obtained by you will meet your expectations, nor that any error appearing in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us.
We may, at our sole discretion, limit or cancel the quantities purchased per person, per household or per order.
Those restrictions may concern orders placed by or under the same customer account, using the same bank card and/or using the same billing or delivery address.
In the event that we modify or cancel an order, we may attempt to inform you using the e-mail address and/or the billing address or telephone number provided when the order was placed.
We reserve the right to limit or prohibit orders which, in our judgement, appear to be placed by resellers, distributors or intermediaries.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store.
You agree to update promptly your account information and other information, in particular your e-mail address, your bank card numbers and their expiry dates, so that we can complete your transactions and contact you if necessary.
For further information, please consult our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we exercise no supervision, no control and no influence.
You acknowledge and accept that we provide access to those tools “as is” and “as available”, without warranty, representation or condition of any kind and without any endorsement.
We will in no event be liable for the consequences relating to your use of those optional third-party tools.
Any use by you of the optional tools offered via the site is entirely at your own risk and at your own decision.
You must ensure that you are familiar with and accept the conditions under which those tools are provided by the relevant third-party providers.
We may also in the future offer new Services and/or features via the website (in particular the making available of new tools and resources).
Those new features and/or Services will also be subject to these Terms of Use.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include elements originating from third parties.
The links to third-party sites appearing on this site may redirect you to third-party websites which are not affiliated with us.
We are not responsible for examining or assessing the content or the accuracy of those sites and we do not warrant, and accept no liability in respect of, the content, products, Services or other elements originating from third parties.
We are not responsible for damage or loss relating to the purchase or use of goods, Services, resources, content or any other transaction carried out in connection with third-party websites.
Please consult carefully the policies and practices of the third parties concerned and ensure that you understand them before carrying out any transaction.
Complaints, claims, questions or concerns relating to third-party products must be addressed directly to the third parties concerned.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER CONTRIBUTIONS
If, at our request, you send certain specific contributions (for example entries to competitions) or if, without any request on our part, you send creative ideas, suggestions, proposals, plans or other content, whether online, by e-mail, by postal mail or otherwise (collectively referred to as “comments”), you accept that we may, at any time and without restriction, modify, copy, publish, distribute, translate and otherwise use, on any medium, the comments you send us.
We are and will be under no obligation:
(1) to keep the comments confidential;
(2) to pay any compensation for the comments;
(3) to respond to the comments.
We may, but are under no obligation to do so, monitor, modify or delete content which we consider, at our sole discretion, to be unlawful, offensive, threatening, defamatory, slanderous, pornographic, obscene or otherwise objectionable, or which infringes the intellectual property rights of a party or these Terms of Use.
You accept that your comments will not infringe any right of a third party, in particular copyright, trade marks, privacy, personality rights or any other personal or property right.
You also accept that your comments will contain no defamatory or otherwise unlawful, abusive or obscene content, nor any computer virus or other malicious software capable of affecting in any way whatsoever the operation of the Service or of any associated website.
You may not use a false e-mail address, pretend to be a person other than yourself, or mislead us or third parties as to the origin of the comments.
You are solely responsible for the comments you post and for their accuracy.
We accept no liability in respect of comments posted by you or by a third party.
SECTION 10 - PERSONAL INFORMATION
The transmission of your personal information via the store is governed by our Privacy Policy.
To consult our Privacy Policy, please see: Privacy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
It may happen that certain information appearing on our site or in the Service contains typographical errors, inaccuracies or omissions which may concern product descriptions, prices, promotions, offers, product shipping charges, transport times and availability.
We reserve the right to correct any error, inaccuracy or omission, as well as to modify or update information or to cancel orders if any information appearing in the Service or on any associated website is inaccurate, at any time and without notice (including after you have placed your order).
We are under no obligation to update, modify or clarify the information appearing in the Service or on any associated website, in particular information relating to prices, except where the law so requires.
No update or refresh date indicated in the Service or on any associated website is to be regarded as an indication that all the information appearing in the Service or on any associated website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions set out in these Terms of Use, you are prohibited from using the site or its content:
(a) for unlawful purposes;
(b) to incite other persons to take part in or to commit unlawful acts;
(c) to breach any regulation, rule, the applicable laws and regulations, or any local ordinance;
(d) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, mistreat, insult, harm, defame, slander, disparage, intimidate or discriminate against a person on the grounds of their gender, their sexual orientation, their religion, their ethnic origin, their race, their age, their national origin or their disability;
(f) to provide false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code capable of being used in a manner affecting or liable to affect the operation of the Service, of any associated website, of other websites or of the Internet;
(h) to collect or track the personal information of other persons;
(i) to send spam, to engage in phishing, pharming or identity impersonation, to use robots, or to crawl or scrape data;
(j) for obscene or immoral purposes;
(k) to interfere with or circumvent the security features of the Service, of any associated website, of other websites or of the Internet.
We reserve the right to terminate your use of the Service or of any associated website in the event of a breach of any of the prohibited uses.
SECTION 13 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or certify that your use of our Service will be uninterrupted, timely, secure or free from errors.
We do not warrant that the results obtained through the use of the Service will be accurate or reliable.
You accept that we may, from time to time, withdraw the Service for an indefinite period or cancel the Service at any time, without informing you beforehand.
You expressly accept that your use of the Service, or your inability to use it, is at your sole risk.
The Service, together with all the products and Services provided to you through the Service, are (unless we expressly state otherwise) provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.
Under no circumstances may Four Eyes Éditions, our directors, officers, employees, affiliated companies, agents, contractors, interns, suppliers, service providers or licensors be held liable for any injury, loss or claim, or for any direct, indirect, incidental, punitive, special or consequential damage of any nature whatsoever, including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or any similar damage, whether based on contract, tortious liability (including negligence), strict liability or otherwise, arising from your use of any element of the Service or of any product obtained through the Service, or from any other claim relating in any manner whatsoever to your use of the Service or of any product.
This includes in particular any error or omission in any content, or any loss or damage resulting from the use of the Service or of any content (or product) published, transmitted or made available through the Service, even if we have been informed of the possibility of such damage.
Given that certain States or jurisdictions do not permit the exclusion or limitation of liability in respect of indirect or incidental damage, in those States or jurisdictions our liability will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Four Eyes Éditions together with our parent company, our subsidiaries, affiliated companies, partners, directors, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against any claim or demand, including reasonable legal fees, made by a third party by reason of or resulting from your breach of these Terms of Use or of the documents they incorporate by reference, or from your breach of any law or of the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that a provision of these Terms of Use is held to be unlawful, void or unenforceable, that provision will nonetheless remain enforceable to the fullest extent permitted by applicable law.
The unenforceable part will be regarded as severed from these Terms of Use, without that determination affecting the validity and enforceability of the other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred before the date of termination will remain applicable after the termination of this agreement for all purposes.
These Terms of Use remain in force until terminated by you or by us.
You may terminate these Terms of Use at any time by informing us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgement, you fail to comply, or if we suspect that you fail to comply, with a condition or a provision of these Terms of Use, we may also terminate this agreement at any time without notice.
You will remain liable for all sums due up to and including the date of termination.
We may also refuse you access to our Services (or to any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The fact that we do not exercise or enforce a right or a provision of these Terms of Use does not constitute a waiver of that right or of that provision.
These Terms of Use, together with all the policies or operating rules published by us on this site or concerning the Service, constitute the entirety of the agreement and understanding between you and us and govern your use of the Service.
They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, all previous versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use will not be construed against the party that drafted them.
SECTION 18 - GOVERNING LAW
These Terms of Use, together with any separate agreement under which we provide you with Services, are governed by and construed in accordance with French law.
SECTION 19 - MODIFICATIONS TO THE TERMS OF USE
You may consult the most recent version of the Terms of Use on this page at any time.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by publishing updates and modifications on our website.
It is your responsibility to consult our website regularly in order to take note of modifications.
Continuing to use or to access our website or the Service after modifications concerning these Terms of Use have been published constitutes acceptance of those modifications.