General terms and conditions of sale and use
General terms and conditions of sale and use
This website is operated by TINY. In this website the terms "we", "us" and "our" refer to TINY. TINY provides this website, including all information, tools and services available to you, subject to your acceptance of all terms, conditions, guidelines and notices contained herein.
By visiting this website and/or purchasing one of our products, you participate in our "service" and agree to the following terms and conditions ("Terms and Conditions", "Terms and Conditions", "Terms and Conditions"), including all additional terms, conditions and guidelines referred to herein and/or accessed via hyperlink. These Terms and Conditions apply to all users of this Website, including but not limited to users browsing the Website who are sellers, customers, distributors and/or content contributors.
Our shop is hosted by Shopify Inc. You provide us with the e-commerce platform that enables us to sell you our products and services.
By accepting these Terms and Conditions of Sale and Use, you represent that you are of legal age in your country, state or province and that you have given us permission to permit any minor in your care to use this website.
The use of our products for illegal or unauthorised purposes is prohibited and you must not violate the laws of your jurisdiction (including but not limited to copyright laws) by using the Service.
You may not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms will result in immediate termination of your Services.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to deny access to the Services to anyone at any time and for any reason.
You acknowledge that Your Content (other than credit card information) may be transmitted in clear text, including (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service or any access to the website through which the Service is provided without our prior written consent.
The headings used in this Agreement are for your convenience only and do not limit or affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF THE INFORMATION
We are not responsible if the information available on this website is not accurate, complete or up-to-date. The content of this website is for information purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you rely on content presented on this website, you do so at your own risk.
This website may contain some preliminary information. Such preliminary information is by nature not up to date and is provided for information purposes only. We reserve the right to change the content of this website at any time, but are not obliged to update the information on our website. You agree that it is your responsibility to monitor changes on our website.
ARTICLE 4 - CHANGES TO SERVICES AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to change or discontinue the Service (and any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any price changes, suspension or interruption of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may only be available online on our website. These products or services may only be available in limited quantities and can only be returned or exchanged in accordance with our returns policy.
We have made every effort to make the colours and images of the products displayed in our shop as clear as possible. We cannot guarantee that the colours will display correctly on your computer screen.
We reserve the right, but not the obligation, to restrict the sale of our products or services to persons in any geographic area or jurisdiction. We may exercise this right on a case by case basis. We reserve the right to limit the quantity of products or services we offer. All product descriptions and prices are subject to change at our sole discretion at any time without notice. We reserve the right to discontinue any product at any time. Any services or products offered on this website are void where prohibited by law.
We do not guarantee that the quality of any products, services, information or other goods you receive or have purchased will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any request from you. We may, at our discretion, reduce or cancel quantities purchased per person, per family or per order. These restrictions may include orders from or through the same customer account, credit card and/or orders with the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/telephone number provided at the time of ordering. We reserve the right to restrict or prohibit orders which, in our sole discretion, appear to originate from resellers, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our Shop. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.
Please refer to our returns policy for further details.
ARTICLE 7 - OPTIONAL TOOLS
We may grant you access to third party instruments over which we have no supervision, control or influence.
You acknowledge and agree that we provide access to such instruments "as is" and "as available" without any guarantee, representation or condition and without permission. We do not accept any legal liability arising from or in connection with the use of these optional third party tools.
If you use any of the optional tools offered on the Website, you do so at your own risk and you must refer to the terms and conditions under which such optional tools are offered by the relevant third party vendor(ies).
In the future, we may offer new services and/or features on our website (including new tools and resources). These new features and services are also subject to these Terms of Sale and Use.
ARTICLE 8 - THIRD PARTIES ON THE LEFT
Certain content, products and services available through our Service may contain material from third parties.
The third party links on this website may take you to third party websites that are not affiliated with us. We have no obligation to review or evaluate the content or accuracy of such websites and make no warranty or representation regarding the content, websites, products, services or other materials available on or from such third party websites.
We are not responsible for any damage or harm in connection with the purchase or use of any goods, services, resources, content or other transactions conducted in connection with such third party sites. Please read the third party policies and practices carefully and ensure that you understand them before entering into any transaction. Any complaints, claims, concerns or questions regarding the products of these third parties should be directed to these third parties.
ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If you submit content specifically in response to our request (e.g., to participate in competitions) or if you submit creative ideas, suggestions, proposals, projects or other materials online, by email, post or otherwise without our request (collectively, "Comments"), you grant us the right to modify, copy, publish, distribute, translate and otherwise use the Comments submitted at any time and without limitation in any media. We are not and will not be obligated to: 1) maintain the confidentiality of Comments; 2) pay compensation to anyone for Comments; or 3) respond to Comments.
You agree to post comments that do not violate the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive or obscene content, or contain computer viruses or other harmful software that may in any way interfere with the operation of the Service or any linked website. You may not use a false email address, impersonate someone you are not, or attempt to mislead us and/or others as to the origin of your comments. You are fully responsible for all comments you post and for their accuracy. We are not responsible and disclaim any liability for comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information on our website or the Service that may contain typographical errors, inaccuracies or omissions, including product descriptions, pricing, promotions, offers, product shipping costs, 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 information on the Service or any related website is inaccurate, at any time and without notice (including after you have placed your order).
We are under no obligation to update, change or clarify any information on the Service or any related website, including but not limited to pricing information, except as required by law. You should not rely on a fixed date to update or refresh the Service or any related website to infer that information on the Service or any related website has been changed or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the prohibitions set out in the General Conditions of Sale and Use, you are prohibited from using the Website or its contents: a) For illegal purposes; b) To induce others to commit or participate in illegal activities; c) To violate any law, rule or regulation of any state, province or country or any international law, rule or regulation; d) To infringe our intellectual property rights or the rights of others e) To harass, abuse, insult, harm, defame, slander, libel, slander, intimidate or discriminate against any person based on gender, sexual orientation, religion, ethnic origin, race, age, nationality or disability; f) To provide false or misleading information; g) To upload or transmit viruses or other harmful code that is or may be used in a way that interferes with the functionality or operation of the Service or any independent website or the Internet connected to it; h) To collect or track personal information about others; (i) to send spam, phishing, hijack a domain, blackmail information, browse, search or scan the Internet (or any other resource); (j) for obscene or immoral purposes; or (k) to breach or circumvent security measures of our Service, another website or the Internet We reserve the right to terminate your use of the Service or any website connected to it if you breach the prohibited uses.
ARTICLE 13 - EXCLUSION OF WARRANTY AND LIMITATION OF LIABILITY
We do not warrant and make no representations that the use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results obtained from the use of the service will be accurate or reliable.
You agree that we may from time to time remove the Service indefinitely or terminate it at any time without notice.
You expressly agree that your use or inability to use the Service is at your own risk. The Service and all products and services made available to you through the Service are provided "as is" and "as available" without representations, warranties or conditions of any kind, either express or implied, including any implied warranties of merchantability or fitness for a particular purpose, duration, title or non-infringement.
In no event shall NIKY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages or any other injury, loss, claim or damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or similar damages, whether in contract or in tort (including negligence), strict liability or otherwise, arising out of the use of any service or product of the Service, or in connection with any other claim related in any way to the 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 available via the Service, even if you have been advised of the possibility of such claims. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.
ARTICLE 14 - COMPENSATION
You agree to indemnify, defend and hold harmless NIKY, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, vendors, 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 and Conditions or the documents referred to herein, or your violation of any law or the rights of any third party.
ARTICLE 15 - SEVERABILITY
If any provision of these Terms and Conditions of Sale and Use is held to be illegal, invalid or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law and the unenforceable portion shall be deemed severable from these Terms and Conditions of Sale and Use, and such severability shall not affect the validity and enforceability of the remaining provisions.
ARTICLE 16 - TERMINATION
Obligations and commitments entered into by the Parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These terms and conditions shall survive whether or not you have terminated them. You may terminate these Terms at any time by notifying us that you no longer wish to use our services or if you no longer use our website.
If we determine, in our sole discretion, that you are unable to comply with the provisions of these Terms and Conditions, or if we suspect that you have failed to comply with the provisions of these Terms and Conditions, 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 and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of that right or provision.
These Terms of Sale and Use or any other policies or operating rules that we post on this Site or in connection with the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, without limitation, all prior versions of the Terms of Sale and Use).
Any ambiguity in the interpretation of these Terms of Sale and Use should not be construed to the detriment of the author.
ARTICLE 18 - APPLICABLE LAW
These General Terms and Conditions of Sale and Use and any separate contract by which we provide you with services are governed by the laws applicable to 10 RUE RENÉ MAUS, GRENOBLE, 38000, France.
ARTICLE 19 - MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE
On this page you can always consult the latest version of the General Conditions of Sale and Use.
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 regularly for changes. Your continued use of or access to our website after we have posted changes to these Terms and Conditions of Sale and Use constitutes your acceptance of those changes.
ARTICLE 20 - CONTACTS
Questions regarding the terms and conditions of sale and use should be directed to firstname.lastname@example.org.