Terms of service

OVERVIEW
Welcome to Aquadesign! The terms "we", "us" and "our" refer to Aquadesign. Aquadesign operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the "Services"). Aquadesign uses the Shopify platform, which allows us to provide the Services to you.
The terms and conditions set out below, together with the policies referenced herein (collectively, the "Terms of Use" or "Terms"), govern your access to and use of the Services. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy https://aquadesign.eu/policies/privacy-policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

ARTICLE 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Use, you represent that you are at least of legal age in your country or region of residence, or that you are of legal age and have given us your consent to allow any minor dependent to use the Services. You may not use our Services for any illegal or unauthorized purpose, nor may you, in using the Services, violate any laws applicable in your jurisdiction.
You are responsible for maintaining the confidentiality of any account and password you use to access the Services, and for restricting access to your computer or device. You accept responsibility for all activities that occur under your account or password.

ARTICLE 2 - OUR PRODUCTS
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your device's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. 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.

ARTICLE 3 - ORDERS
When you place an order through the Services, you agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse or cancel any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made. Your purchases are subject to our return or exchange terms in accordance with our Refund Policy https://aquadesign.eu/policies/refund-policy. You represent and warrant that your purchases are intended for your own use and not for resale.

ARTICLE 4 - PRICING AND BILLING
We may, from time to time, offer promotions on our Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these 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 information, including your email address, 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) the charges incurred will be honored by your credit card issuer, and (iv) you will pay the charges incurred at the prices displayed, including all shipping and handling charges and any applicable taxes.

ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held responsible for shipping or delivery delays. All indicated delivery times are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs formalities or any event beyond our control. Once the products are handed over to the carrier, title and risk of loss pass to you.

ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including, without limitation, all registered trademarks, trademarks, trade names, logos, displays, images, graphics, product photographs, videos and audio content, are protected by intellectual property laws and remain our exclusive property or that of our licensors. You may not reproduce, duplicate, copy, sell, resell or exploit any part of the Services without our prior written permission.

ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. 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 Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

ARTICLE 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third parties. Third-party links on the Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.

ARTICLE 9 - SHOPIFY RELATIONSHIP
The Services are hosted by Shopify Inc., which provides us with the online e-commerce platform that allows us to provide the Services to you. Shopify is not the seller of the products offered through the Services; Aquadesign is solely responsible for the Services and the products offered through them, as well as for these Terms of Use.

ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here https://aquadesign.eu/policies/privacy-policy, and certain personal information may also be processed by our service providers, including Shopify, and by third parties that may be located in countries other than the one in which you reside, in order to provide you with the services. Please review our Privacy Policy https://aquadesign.eu/policies/privacy-policy for more details on how we, Shopify and our other service providers process your personal information.

ARTICLE 11 - USER COMMENTS AND FEEDBACK
If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials (collectively, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are not and shall not be under any obligation to keep any comments confidential, to pay compensation for any comments, or to respond to any comments.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our 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 in the Services is inaccurate, at any time and without prior notice (including after you have submitted your order).

ARTICLE 13 - PROHIBITED USES
In addition to the other prohibitions set out in the Terms of Use, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

ARTICLE 14 - AGENTS
If you use an automated agent, bot or other software ("Agent") to access, use or interact with the Services on your behalf, you are responsible for the actions of that Agent. Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the name of the Agent by including the following statement in the user-agent string: "Agent/[agent name]"; (ii) not conceal or disguise the fact that access, use or interactions originate from an Agent, including by (a) imitating human behavior or interaction patterns, or (b) failing to comply with the identification requirements above. We reserve the right to restrict or block access by any Agent that does not comply with these requirements.

ARTICLE 15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of 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 Use, we may also 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.

ARTICLE 16 - DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk. EXCEPT AS EXPRESSLY STATED BY AQUADESIGN – MOOVING, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.

ARTICLE 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no case shall Aquadesign, 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 arising from your use of any of the Services or any products procured using the Services.

ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Aquadesign and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, 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 breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

ARTICLE 19 - SEVERABILITY
In the event that any provision of these Terms of 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 of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

ARTICLE 21 - ASSIGNMENT
You may not assign or transfer these Terms of Use, in whole or in part, without our prior written consent. We may assign or transfer these Terms of Use, in whole or in part, without restriction.

ARTICLE 22 - GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with French law.

ARTICLE 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

ARTICLE 24 - CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 - CONTACT INFORMATION
For any questions regarding these Terms of Use, please contact us at the following address: shop@aquadesign.eu.
Our contact details are set out below:
Aquadesign – MOOVING
shop@aquadesign.eu
1264 Avenue de Traversetolo, 04700 Oraison, France
+33 4 92 79 77 03
343 208 948 R.C.S. Manosque
FR83343208948