Terms of service

OVERVIEW

Welcome to oetika! The terms "we", "us" and "our" refer to oetika. oetika operates this store and website, including all information, content, functionality, tools, products and related services, in order to provide you, the customer, with a personalized shopping experience (the "Services"). oetika is a store powered by Shopify, which allows us to provide the Services to you.

These Terms of Service below, together with all related policies (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read this Terms of Service carefully, as it contains important information about your legal rights and covers areas such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by this Terms of Service and by our Privacy Policy [LINK]. If you do not accept this Terms of Service or this Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By accepting this Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you give us your consent to allow any minor dependent to use the Services on devices that you own, purchase or manage.

To use the Services, including accessing or browsing our stores online, or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing and shipping information. You represent and warrant that all information you provide in our stores is correct, current and complete and that you have all the rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities on your account. You are not authorized to transfer, sell, assign or cede your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ depending on the type of device you use to access the store, and its display settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or will be the same as depicted or described in our online stores. All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any product we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. oetika reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until oetika has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as oetika may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, modify or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was placed.

Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 - PRICING AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless otherwise stated, listed prices do not include taxes, shipping and handling fees, customs duties or import fees.

Prices listed in our online stores may differ from prices offered in physical stores or in other online stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from this Terms. If there is a conflict between the terms of a promotion and this Terms, the terms of the promotion will prevail.

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

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including all applicable taxes, where applicable.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, title to and risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, service marks, text, displays, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are the property of oetika, its affiliates or its licensors and are protected by U.S. and foreign copyright, trademark and other intellectual property laws. This Terms authorizes you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services without our prior written consent. Except as expressly provided herein, nothing in this Terms grants or should be construed as granting to you any license or other rights in or to any patent, trademark, copyright or other proprietary property of oetika, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to oetika.

The names, logos, product and service names, designs and slogans of oetika are trademarks of oetika or its affiliates or licensors. You may not use these marks without the prior written permission of oetika. The names, logos, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may have access to optional third-party tools offered through the Services, which we do not monitor and over which we have no control or influence.

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

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

We may also, in the future, offer new features and/or functionality through the Services (including the release of new tools and resources). Such new features and/or functionality shall also be considered part of the Services and subject to this Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain documents and hyperlinks to websites provided and operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party documents or websites you choose to access. If you decide to leave the Services to access such documents or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access to or use of any products, services, resources or content on any third-party sites. Please carefully review the third parties' policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section precisely describes the relationship between Shopify and your store and must not be deleted or modified].

oetika is powered by Shopify, which enables us to provide the Services to you. However, the sales and purchases you make through our Store are made directly with oetika. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and oetika, including any harm, damage or loss resulting from the products and services purchased. By this Terms, you expressly release Shopify and its affiliates from any claim, any damage and any liability arising from or relating to your purchases and your transactions with oetika.

SECTION 10 - PRIVACY POLICY

Any personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. The information you submit to the Services will be transferred to and shared with Shopify, as well as with third parties who may be located in countries other than your own, in order to provide the services. Please review our Privacy Policy [LINK] for more details on how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, comments, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable and fully free license to use, reproduce, modify, publish, distribute and display such Feedback on any medium and for any purpose, including commercial purposes. We may, for example, use the rights granted to us under this license to operate, provide, evaluate, enhance and promote the Services, as well as to fulfill our obligations and exercise our rights under this Terms of Service.

You also represent and warrant that (i) you own or otherwise have all rights necessary to any Feedback you submit; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with this Terms. We have no obligation and are under no obligation (1) to keep any Feedback confidential; (2) to pay any compensation for any Feedback; or (3) to respond to any Feedback.

We may, without being obligated to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and 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 at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may not access the Services or use them for any purpose other than that for which we make them available. You may not access or use the Services, directly or indirectly: (a) for any unlawful or fraudulent purpose; (b) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or other people; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (g) to submit or transmit spam, chain letters, or other unsolicited advertising or promotional material; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm oetika, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of this Terms of Service.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion and without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections shall continue to apply after any termination of this agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and any other provision which, by its nature, should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from your reliance on the information provided by you or any other visitor to the Services, or by anyone who may be informed of any of its content.

EXCEPT AS EXPRESSLY STATED BY OETIKA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW OR PERMIT THE EXCLUSION OF SUCH IMPLIED WARRANTIES OR THE LIMITATION OF STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OETIKA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY OR ITS AFFILIATES, 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 BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless oetika, Shopify, and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of this Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to the Services and your use thereof.

We will inform you of any indemnifiable claim, provided that a delay in prompt notification does not relieve you of your obligations, unless you suffer significant prejudice as a result. We may control the defense and settlement of any such claim at your expense, including choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of indemnified claims, including by providing relevant documentation.

SECTION 18 - SEVERABILITY

In the event that any provision of this Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, without affecting the validity and enforceability of any remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision.

This Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of this Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under this Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign or delegate this Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW

This Terms of Service and any separate agreement whereby we provide you with the Services shall be governed by and interpreted in accordance with the federal and state courts and tribunals of the jurisdiction where oetika is based. You and oetika agree to the personal jurisdiction and venue of such courts.

SECTION 22 - HEADINGS

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

SECTION 23 - CHANGES TO THIS TERMS OF SERVICE

You can review the most current version of this Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of this Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will inform you of any material changes to this Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to this Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at oetika.store@gmail.com.

Our contact information is shown below:

OETIKA

oetika.store@gmail.com

1 quai de lorraine, 11100 NARBONNE

SIREN: 848275822