Terms of service

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

The terms and conditions below, together with all related policies (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNT By accepting these Terms, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any minor dependant of yours to use the Services on devices you own, purchase or manage. To use the Services, you may be asked to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide is accurate, current and complete, and that you have all necessary rights to provide it. You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.

SECTION 2 – OUR PRODUCTS We have made every effort to display our products and services accurately. However, please note that product colours or appearance may differ from how they appear on your screen due to your device, its settings and configuration. We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match what is described or shown online. All product descriptions are subject to change at any time 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.

SECTION 3 – ORDERS When you place an order, you are making an offer to purchase. Charmsy reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until Charmsy confirms acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Charmsy may be unable to fulfil cancellation requests after an order has been accepted. If we do not accept, modify or cancel an order, we will try to notify you using the email address, billing address and/or phone number provided at the time of the order. Your purchases may be returned or exchanged only in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING Prices, discounts and promotions may 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 shown in your order confirmation email. Unless stated otherwise, prices shown do not include taxes, shipping and handling charges, or customs or import duties. Prices shown online may differ from prices offered in physical stores or third-party shops. From time to time we may offer promotions that affect prices and are governed by separate terms; in the event of a conflict, the promotion terms will prevail. You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are duly authorised to use the payment method, (iii) charges will be honoured by your payment provider, and (iv) you will pay the charges at the prices shown, including shipping, handling and all applicable taxes.

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 carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY Our Services — including but not limited to all registered trademarks, trademarks, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof — are the property of Charmsy, its affiliates or its licensors and are protected by French and international patent, copyright and other intellectual property laws. These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent. Except as expressly provided, nothing in these Terms grants you any licence or rights under any patent, trademark, copyright or other intellectual property of Charmsy, Shopify or any third party. Unauthorised use of the Services may breach intellectual property laws. All rights not expressly granted are reserved by Charmsy. The Charmsy names, logos, product and service names, designs and slogans are trademarks of Charmsy or its affiliates or licensors and may not be used without prior written consent. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS You may have access to third-party tools through the Services that we neither monitor nor have any control over. You acknowledge that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions, and without endorsement. We have no liability arising from your use of optional third-party tools. Any use of optional tools is entirely at your own risk and discretion, and you should ensure you are familiar with and approve of the terms on which they are provided by the relevant third-party provider(s). We may also offer new features through the Services in the future; these will also form part of the Services and be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS The Services may contain material and hyperlinks to websites provided or operated by third parties (including any integrated third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party material or websites you choose to access. If you leave the Services to access such material or third-party sites, you do so at your own risk. We are not responsible for any harm or damage related to your access to third-party websites, or your purchase or use of products, services, resources or content on them. Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY [NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be deleted or modified.] Charmsy is powered by Shopify, which enables us to provide you with the Services. However, the sales and purchases you make in our store are made directly with Charmsy. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Charmsy, including any harm, damage or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage or liability arising from or relating to your purchases and transactions with Charmsy.

SECTION 10 – PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's privacy policy. 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 them. Information you submit will be transmitted to and shared with Shopify and with third parties that may be located in countries other than the one in which you reside. See our Privacy Policy for details on how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a perpetual, worldwide, sub-licensable and fully royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback on any medium and for any purpose, including commercial purposes. You represent and warrant that (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to keep Feedback confidential, to compensate you for it, or to respond to it. We may (but are not obliged to) monitor, edit or remove Feedback we deem unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property or these Terms. You agree your Feedback will not violate any third-party rights or contain unlawful, abusive or obscene material, viruses or other malicious software. You may not use a false email address, impersonate anyone, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS Occasionally information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, 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 access and use the Services only for lawful purposes. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or national regulation, rule or law, or any local ordinance; (c) to infringe our or others' intellectual property rights; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit material that does not comply with these Terms; (g) to send unsolicited advertising or promotional material ("junk mail", "chain letters", "spam"); (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 of the Services, or that we deem may harm or expose Charmsy, Shopify or users of the Services to liability. You also agree not to (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track others' personal information; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we believe you have breached any part of these Terms.

SECTION 14 – TERMINATION We may terminate this agreement or your access to the Services (or any part of them) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive.

SECTION 15 – DISCLAIMER OF WARRANTIES 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 it is strictly at your own risk. Except as expressly stated by Charmsy, the Services and all products offered through them are provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, express or implied, including any implied warranties of merchantability, 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 limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you. (Nothing in these Terms affects your statutory rights as a consumer under UK law, including the Consumer Rights Act 2015.)

SECTION 16 – LIMITATION OF LIABILITY To the extent permitted by law, in no event shall Charmsy, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, 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, lost revenue, lost savings, lost 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 product obtained through them, even if advised of the possibility. (Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, or your statutory consumer rights.)

SECTION 17 – INDEMNIFICATION You agree to indemnify, defend and hold harmless Charmsy, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees payable to a third party, arising from (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.

SECTION 18 – SEVERABILITY If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals. Any ambiguity in interpretation 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 these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW These Terms of Service, and any separate agreement under which we provide you with Services, shall be governed by and construed in accordance with the laws of France, and any disputes shall be subject to the courts having jurisdiction at the location of Charmsy's registered office (Paris, France), without prejudice to any mandatory consumer-protection rights you may have in your country of residence.

SECTION 22 – HEADINGS The headings used in this agreement are for convenience only and do not limit or affect these Terms.

SECTION 23 – CHANGES TO THESE TERMS You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Continuing to use or access the Services after changes are posted constitutes acceptance of those changes.

SECTION 24 – CONTACT DETAILS Questions about these Terms of Service should be sent to contact@charmsy.fr. Our details are: Charmsy – SASU, share capital €100, contact@charmsy.fr, 47 rue Vivienne, 75002 Paris, France. SIREN: 104 088 950. RCS Paris: 104 088 950.