TERMS OF USE
CLICK HERE TO GET THE FRENCH VERSION
OVERVIEW
This website is operated by Noclout. Throughout the site, the terms “we”, “us” and “our” refer to Noclout. This website, including all information, tools and services it provides, is offered by Noclout to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from our company, you engage in our “Service” and agree to be bound by the following terms and conditions (“General Terms”, “Terms of Use”), including the additional terms, conditions and policies referenced herein and/or accessible via hyperlink. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, vendors, customers, merchants and/or content providers.
Please read these Terms of Use carefully before accessing or using our website. By accessing any part of the Site or using it, you agree to be bound by these Terms of Use. If you do not accept all the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, their acceptance is expressly limited to these Terms.
Any new tools or features that are added to this shop are also subject to the Terms of Use. You can review the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting such updates and/or changes to our website. It is your responsibility to check this page from time to time to see if any changes have been made. By continuing to access or use the website after the publication of the changes, you accept those changes.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – ONLINE STORE TERMS
By accepting these Terms of Use, you declare that you have reached or exceeded the age of majority in your region, province or state and have given us permission to allow any minor under your responsibility to use this site.
You must not use our products for any illegal or unauthorized purposes, nor violate any laws of your jurisdiction while using the Service (including, but not limited to, copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms 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 and for any reason.
You understand that your content (except credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes made in order to comply with and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We shall not be held responsible if the information made 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 considered 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 data. By definition, historical data is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on it, of any kind. You acknowledge that it is your responsibility to monitor changes made to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.
We shall not be held responsible to you or to any third party for any price changes, or for any modification, suspension or interruption of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and their return or exchange may be strictly subject to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of the products shown in the store. However, we cannot guarantee the accuracy of color display on your computer screen.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region or given jurisdiction. We reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services that we offer. All descriptions of products and their pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of a product at any time. Any offer of product or service on this site is void where prohibited by law.
We do not guarantee that the quality of the products, services, information or other materials that you purchase or obtain 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, at 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 using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our judgment, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and any other information, including your email address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you if necessary.
For more information, please consult our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control nor manage.
You acknowledge and agree that we provide access to these tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We shall not be held responsible for anything that may result from or be related to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your discretion and at your own risk. It is your responsibility to be informed about the conditions under which these tools are provided by the third-party provider(s) concerned and to accept those conditions.
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). These new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services accessible via our Service may include elements from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not obligated to review or evaluate their content or accuracy, nor do we guarantee or assume any responsibility for any third-party content or websites, or for other content, products or services from third-party sources.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction related to these third-party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products must be directed to those third parties.
ARTICLE 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, “comments”), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and use in any media all comments that you send to us. We are not and shall never be obligated (1) to maintain the confidentiality of comments; (2) to compensate anyone for any comment provided; or (3) to respond to comments.
We may, but are not obligated to, remove content and Accounts containing content that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates a party’s intellectual property or these Terms of Use.
You agree that your comments must not infringe on the rights of any third party, including copyright, trademark, privacy, personality or any other personal or intellectual property rights. You also agree that your comments must not contain any unlawful, abusive or obscene material, or any computer virus or other malware that could affect in any way the operation of the Service or any related website. You must not use a false email address, pretend to be someone else, or mislead us or third parties as to the origin of comments. You are entirely responsible for all comments you post and their accuracy. We assume no responsibility and accept 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. Click here to view our Privacy Policy.
We collect your first name, last name, address, email, and phone number, exclusively for the purposes of processing and delivering your orders.
You may also choose to opt-in to receive marketing communications from us.
In accordance with the General Data Protection Regulation (GDPR), you have the right to:
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Access your personal data,
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Rectify or delete your personal data,
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Request the deletion of your client record upon request.
You may exercise these rights by contacting us at: sav@noclout.fr
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may sometimes be information on our site or within the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping fees, delivery times and product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, or even cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have placed your order).
We are not obligated to update, modify or clarify any information shown in the Service or on any related website, including, but not limited to, pricing information, unless required by law. No stated update or refresh date in the Service or on any related website should be interpreted as meaning that all the information offered in the Service or on any related website has been changed or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the other prohibitions stated in the Terms of Use, you are prohibited from using the site or its content:
(a) for illegal purposes;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, mistreat, insult, harm, defame, slander, denigrate, intimidate or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in a way that affects the functionality or operation of the Service or any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, crawl, scrape or mine the web;
(j) for obscene or immoral purposes; or
(k) to interfere with or bypass 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 represent in any way that your use of our Service will be uninterrupted, secure, without delay or error-free.
We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.
You agree that, from time to time, we may remove the Service for indefinite periods or cancel it at any time without notice.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service, as well as 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, with no representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
Noclout, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no case be held liable for any injury, loss, claim, or for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to loss of profits, revenue, savings or data, replacement costs or other similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, resulting from your use of the Service or of any product 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 errors or omissions in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) published, transmitted or otherwise made available through the Service, even if you have been advised of their possibility.
Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions shall be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Noclout and 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 attorney’s fees, issued by any third party due to or arising from your violation of these Terms of Use or the documents they reference, or your violation of any law or the rights of a third party.
ARTICLE 15 – FORCE MAJEURE
We shall not be held responsible for the non-performance or delay in the performance of any of our obligations resulting from circumstances beyond our control, including but not limited to: natural disasters, strikes, wars, epidemics, government decisions, power outages, cyberattacks, Internet disruptions or failures of third-party service providers. These events shall be considered cases of force majeure as defined by French case law and shall suspend the performance of our contractual obligations for their duration.
ARTICLE 16 – SEVERABILITY
If any provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable part shall be considered severed from these Terms of Use. Such a determination shall not affect the validity and enforceability of the other remaining provisions.
ARTICLE 17 – TERMINATION
The obligations and responsibilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use shall remain in effect unless and until terminated by you or by 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 we determine or suspect, in our sole discretion, that you are not complying with or have not complied with any provision of these Terms of Use, we may also terminate this agreement at any time and without notice. You will then remain liable for all amounts due up to and including the date of termination, as a result of which we may deny you access to our Services (or any part thereof).
ARTICLE 18 – ENTIRE AGREEMENT
Any failure by 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, along with any policies or operating rules that we publish on this site or related to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede all prior and current agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any previous version of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be interpreted against the drafting party.
ARTICLE 19 – GOVERNING LAW
These Terms of Use, as well as any separate agreement by which we provide you Services, shall be governed by and interpreted in accordance with the laws of France.
ARTICLE 20 – CHANGES TO THE 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, modify or replace any part of these Terms of Use by posting such updates and/or changes on our website. It is your responsibility to check our website from time to time to see if any changes have been made. By continuing to access our website and the Service or to use them after the posting of changes to these Terms of Use, you accept those changes.
ARTICLE 21 – CONTACT INFORMATION
Questions regarding the Terms of Use should be sent to us at sav@noclout.fr.