Conditions of use
OVERVIEW
This website is operated by SARL Panda & Cie. Throughout this site, the terms "we," "us," and "our" refer to SARL Panda & Cie. SARL Panda & Cie offers this website, including all information, tools, and services available from it to you, the user, subject to your acceptance of all terms, conditions, policies, and notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("Terms of Sale," "Terms of Sale and Use," "Terms"), including additional terms, conditions, and policies referenced here and/or available by hyperlink. These Terms of Sale and Use apply to all users of this site, including but not limited to users who browse the site, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms of Sale and Use. If you do not accept all the terms and conditions of this agreement, you must not access the website or use the services offered on it. If these Terms of Sale and Use are considered an offer, acceptance is expressly limited to these Terms of Sale and Use.
Any new features and tools that are added to this store in the future will also be subject to these Terms of Sale and Use. You can review the most current version of the Terms of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – TERMS 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 under your care to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
Any breach or violation of these Terms of Sale and Use will result in 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 your credit card information) may be transferred unencrypted, which involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for 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 or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our express prior 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 are not responsible if information available on this site is not accurate, complete, or current. The content on this site is provided for general information only and should not be relied upon as your sole source of information for making decisions without consulting more accurate, complete, and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain historical information. Historical information, by its nature, is not current and is provided for general information only. We reserve the right to modify the content of this site at any time, but we have no obligation to update information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES
Prices for 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 of the Service) without notice at any time.
We will not be liable to you or to any third party for any price change, suspension, or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (where applicable)
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have made every effort to display as clearly as possible the colors and images of our products that appear in our store. 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 product or service we offer. All product descriptions and prices may be changed at any time without notice, at our sole discretion. We reserve the right to stop offering any product at any time. Any offer for any product or service made on this site is void where prohibited by law.
We do not guarantee that the quality of any products, services, information, or other merchandise you obtain or purchase will meet your expectations, nor 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, reduce 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 and/or billing address/phone number provided when 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 purchase and account information for all orders placed through our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
For more details, please see our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no monitoring, 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 will have no legal liability arising from or relating to your use of optional third-party tools.
If you use optional tools offered through the site, you do so entirely at your own risk and discretion, and you should review the terms under which those tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through our site (including new tools and resources). These new features and services will also be subject to these Terms of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are under no obligation to examine or evaluate the content or accuracy of those sites, and we do not warrant and will not have any liability or responsibility for any third-party content, website, product, service, or other material accessible on or from those sites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with third-party websites. Please carefully review the third parties’ policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.
ARTICLE 9 – USER COMMENTS, SUGGESTIONS, AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, contest entries), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comment you send us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; or (3) to respond to comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property rights or these Terms of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality, or other personal or property rights. You also agree that your comments will not contain unlawful, defamatory, offensive, or obscene content, and will not 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 email address, pretend to be someone other than yourself, or try to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We assume no responsibility and accept no liability for any comments posted by you or by any third party.
ARTICLE 10 – PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS
There may occasionally be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any error, inaccuracy, or omission, and to change or update information or 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, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set out in the Terms of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, 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 any way to compromise the functionality or operation of the Service or any related or independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, crawl, spider, or scrape the web (or any other resource); (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, fast, secure, or error-free.
We do not guarantee that the results that may be obtained from use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service 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 representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SARL Panda & Cie, 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 lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any service or product from this 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 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 such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SARL Panda & Cie, 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 from your violation 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
If any provision of these Terms of Sale and Use is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Sale and Use; such severance shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive 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 stop using our site.
If, in our sole discretion, we determine that you have failed to comply with any term of these Terms of Sale and Use, or if we suspect that you have been unable to comply, we may also terminate this agreement at any time without prior 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 of them).
ARTICLE 17 – ENTIRE AGREEMENT
Our failure 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 and any other policies or operating rules posted by us on this site or in relation to the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, superseding all prior and contemporaneous communications, proposals, and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Sale and Use).
Any ambiguity in the interpretation of these Terms of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 – GOVERNING LAW
These Terms of Sale and Use, as well as any separate agreements through which we provide you Services, shall be governed by and interpreted in accordance with the laws in force at 21 Place de la République, 75003 Paris, France.
ARTICLE 19 – CHANGES TO THE TERMS OF SALE AND USE
You can review the most current 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 site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site after any changes to these Terms of Sale and Use are posted constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions about the Terms of Sale and Use should be sent to us at bonjour@ohmybag.com.