Terms and Conditions

ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE

By accepting these Terms of Sale and Use, you declare 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 dependents of yours to use this website. The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the context of using the Service, violate the laws of your jurisdiction, including but not limited to copyright laws. You must not transmit any worms, viruses, or any other code of a destructive nature. Any breach or violation of the current Terms of Sale and Use will result in the immediate termination of your Services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time, for any reason. You understand that your content, excluding credit card information, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to the 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 portion 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 express prior written permission from us. 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 current. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more important, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk. This site may contain certain historical information that is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we 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 – MODIFICATIONS TO 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, or any part or content thereof, without notice and at any time. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

ARTICLE 5 – PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be exclusively available online through our website. These products or services may have limited quantities and are subject to returns or exchanges only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store, but we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the 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 that we offer. All descriptions of products or product 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 any service or product made on this site is void where prohibited. We do not warrant that the quality of any 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.

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

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, per household or per order. These restrictions may include orders placed by or under 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 modify or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by merchants, resellers, or distributors. You agree to provide current, complete, and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your e-mail address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any 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 legal liability arising from or related to your use of optional third-party tools. Any use by you of the optional tools offered on 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 these tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features on our website, including the launch of new tools and resources. These new features and new services will also be subject to these Terms of Sale and Use.

ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include elements 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 obliged to examine or evaluate the content or accuracy of these sites, and we do not guarantee and assume no responsibility for any content, website, product, service or other element accessible from or on these third-party sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Please carefully review the third-party's 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 submitted to these third parties.

ARTICLE 9 – COMMENTS, FEEDBACK, AND OTHER USER SUBMISSIONS

If, at our request, you send certain specific submissions, or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you grant us the right, at any time, without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comments you forward to us. We are not and shall not be obligated to maintain the confidentiality of any comments, to pay compensation for any comments, or to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Sale and Use. You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility and assume no liability for any comments posted by you or any third party.

ARTICLE 10 – PERSONAL INFORMATION

The submission of your personal information on our store is governed by our Privacy Policy. Please consult our Privacy Policy to learn more.

ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS

There may occasionally 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 charges, delivery 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 in the Service or on any associated website is inaccurate at any time without prior notice, including after you have placed your order. We undertake no obligation to update, amend, or clarify information in the Service or on any associated website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any associated website should be taken to indicate that all information in the Service or on any associated website has been modified or updated.

ARTICLE 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Sale and Use, you are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any international, federal, provincial, state, or local regulations, rules, laws, or local ordinances, or to infringe upon or violate our intellectual property rights or the intellectual property rights of others. You are also prohibited from harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. You must not submit false or misleading information, or 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 Service or of any related website, other websites, or the Internet. You are prohibited from collecting or tracking the personal information of others, spamming, phishing, pharming, pretexting, spidering, crawling, or scraping, using the site for any obscene or immoral purpose, or interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, certify, or declare that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results that may be obtained from 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 or cancel the Service at any time, without prior notice to you. You expressly agree that your use of the Service, or your inability to use it, 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 "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. However, if you are a consumer residing in France, products purchased on our site benefit from the legal guarantee of conformity provided for in articles L. 217-3 et seq. of the French Consumer Code and the guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code. In no case shall Maisy Rudys, 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 but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether contractual, tortious, strict liability, or otherwise, arising from your use of any Service or product obtained using the Service, or for 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 incurred as a result 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 of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the maximum extent permitted by law.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Maisy Rudys, 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 attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Sale and Use or the documents they reference, 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 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 and Conditions of Sale and Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 16 – RIGHT OF WITHDRAWAL (EUROPEAN CONSUMERS)

If you are a consumer residing in the European Union, and particularly in France, you have a legal right of withdrawal of fourteen days after the day of physical receipt of your products to change your mind without having to provide reasons or pay penalties, with the exception of return shipping costs, which remain your responsibility. To exercise this right, you must notify us of your decision by an unambiguous statement to our contact email address before the deadline expires. Products must be returned in their original and complete condition. We will refund all sums paid, including initial delivery costs, no later than fourteen days from the date we are informed of your decision, or after effective retrieval and verification of the products. Products excluded by law from this right of withdrawal (personalized products, perishable goods, unsealed products for hygiene reasons) cannot be returned.

ARTICLE 17 – TERMINATION

The obligations and responsibilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms 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 judgment, you fail, or we suspect that you have failed to comply with any term or provision of these Terms of Sale and Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ARTICLE 18 – ENTIRE AGREEMENT

Any failure on our part to exercise or enforce any right or provision of these Terms of Sale and Use shall not constitute a waiver of such right or provision. These Terms of Sale and Use or any other policy or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us, including, but not limited to, any prior version of the Terms of Sale and Use. Any ambiguity regarding the interpretation of these Terms of Sale and Use shall not be construed to the detriment of the drafting party.

ARTICLE 19 – GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and Conditions of Sale and Use, as well as any separate agreements by which we provide you Services, shall be governed by and interpreted in accordance with the laws in force in Canada. However, if you are a consumer residing in France or in the European Union, this applicable law does not deprive you of the protection afforded by the mandatory provisions of the legislation of your country of residence. In the event of a dispute, you may send a written complaint to our customer service at our email address. If no amicable solution is found, you have the right to recourse free of charge to a consumer mediator for an amicable resolution of the dispute or to bring the matter before the competent courts of your place of residence.

ARTICLE 20 – CHANGES TO THE TERMS OF SALE AND USE

You can consult the most recent version of the Terms of Sale and Use at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Sale and Use by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Sale and Use constitutes acceptance of those changes.