Terms of service
OVERVIEW
Welcome to L’Atelier des Capes & Épées! The terms “we”, “us” and “our” refer to L’Atelier des Capes & Épées. L’Atelier des Capes & Épées operates this shop and this website, including all related information, content, features, tools, products and services in order to provide you, as a customer, with a personalised shopping experience (hereinafter the “Services”). L’Atelier des Capes & Épées is a shop powered by Shopify, which enables us to provide the Services to you.
The Terms of Use set out below, together with all related policies (the “Terms of Service” or the “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and include, in particular, 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 of Service or to this Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your country or region of residence, and you give us your consent to allow any minor under your responsibility to use the Services on the devices you own, purchase or manage.
To use the Services, including to access or browse our online shops or to purchase any of the products or services we offer, you may be required to provide certain information, such as your email address, and billing, payment and shipping information. You represent and warrant that all information you provide is correct, 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 activities that occur under your account. You are not authorised to transfer, sell, assign or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We make every effort to provide as accurate a representation as possible of our products and services in our online shops. However, the colours or appearance of products may differ from how they appear on your screen due to the type of device you use, its settings or configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be exactly identical to what is described or depicted online.
All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit quantities of any product we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. L’Atelier des Capes & Épées reserves the right to accept or reject your order for any reason, at its discretion. Your order is not accepted until L’Atelier des Capes & Épées has confirmed its acceptance. We must receive and process your payment before your order is considered accepted.
Please review your order carefully before submitting it, as L’Atelier des Capes & Épées may not be able to comply with requests to cancel once an order has been accepted. If we do not accept, or decide to modify or cancel an order, we will try to notify you by contacting the email address, billing address and/or telephone number provided at the time of the order.
Your purchases can be returned or exchanged only in accordance with our Refund Policy [link to be inserted to the “Return Policy” page].
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions may be changed 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 stated in your order confirmation email. Unless otherwise indicated, prices displayed do not include taxes, shipping and handling charges, or any customs or import duties.
Prices displayed in our online shops may differ from prices offered in any physical stores or on other online shops operated by third parties. From time to time, we may offer promotions on the Services that may affect prices and that are governed by terms separate from these Terms. In the event of 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, payment and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the card information you provide is true, correct and complete, (ii) you are duly authorised to use that card for the purchase, (iii) charges incurred by you will be honoured by your bank, and (iv) you will pay the amounts incurred at the posted prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All stated shipping times are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs processing or events beyond our control.
Once we hand over the products to the carrier, the risk of loss or damage to the products passes to you in accordance with applicable law. This does not affect any recourse you may have against the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
The Services, including, without limitation, all trademarks, text, displays, images, graphics, product reviews, videos and audio content, as well as the design, selection and arrangement thereof, are the property of L’Atelier des Capes & Épées, its affiliates or licensors and are protected by French and, where applicable, foreign 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 from, publicly display, publicly perform, republish, download, store or transmit any content from the Services without our prior written consent.
Except as expressly provided in these Terms, nothing in these Terms grants or shall be construed as granting a licence or other rights under any patent, trademark, copyright or other intellectual property of L’Atelier des Capes & Épées, Shopify or any third party. Unauthorised use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by L’Atelier des Capes & Épées.
The names, logos, product and service names, designs and slogans of L’Atelier des Capes & Épées are protected distinctive signs belonging to L’Atelier des Capes & Épées or its affiliates or licensors. You must not use them without our prior written consent. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access, as part of the Services, to tools intended for customers and provided by third parties, which we do not monitor and over which we have no 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 disclaim all liability arising from or relating to your use of such optional third-party tools.
Any use by you of the optional tools offered on the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also form part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain content or hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party content or websites that you choose to access. If you decide to leave the Services to access such third-party content or sites, you do so at your own risk.
We are not responsible for any injury or damage related to your access to third-party websites, or to your purchase or use of products, services, resources or content on such sites. Please carefully review the policies and practices of such third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be addressed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
L’Atelier des Capes & Épées is powered by Shopify, which enables us to provide the Services to you. However, the sales and purchases you make in our shop are made directly with COMME UN TRESOR / L’Atelier des Capes & Épées.
By using the Services, you acknowledge and agree that Shopify is not responsible for sales between you and L’Atelier des Capes & Épées, nor for any injury, damage or loss resulting from products and services purchased from us. You expressly release Shopify and its affiliates from any claims, damages and liabilities arising out of or relating to your purchases and transactions with L’Atelier des Capes & Épées.
SECTION 10 – PRIVACY POLICY
All personal information that we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, available on Shopify’s website.
Since 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 the Services. Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, in order to provide the Services to you.
Please refer to our Privacy Policy for more 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 or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and fully royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback on any media and for any purpose, including commercial purposes. We may, for example, use these rights to operate, provide, assess, enhance, improve and promote the Services.
You represent and warrant that (i) you own or otherwise control all rights in and to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation (1) to maintain the confidentiality of your Feedback; (2) to pay any compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or any third party as to the origin of any Feedback. You are solely responsible for the Feedback you provide and its accuracy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on or within the Services may contain typographical errors, inaccuracies or omissions relating, among other things, to product descriptions, prices, promotions, offers, shipping charges, 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 any information is inaccurate, at any time and 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 access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any applicable regulation, rule or law;
(c) to infringe or violate our intellectual property rights or those of others;
(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 send, knowingly receive, upload, download, use or re-use any content that does not comply with these Terms;
(g) to transmit or have transmitted any unsolicited advertising or promotional material (junk mail, chain letters, spam, etc.);
(h) to impersonate another person or entity;
(i) in any way that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm us, Shopify or users of the Services, or expose them to liability.
You also agree not to:
(a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services, except with our written permission;
(c) collect or track the personal information of others in an unauthorised manner;
(d) send spam, or engage in phishing or similar techniques (pharming, pretexting, scraping, etc.);
(e) interfere with or circumvent the security features of the Services or any associated website.
We reserve the right to suspend, disable or terminate your account at any time, without notice, if we believe that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following provisions will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, as well as any other provision which by its nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such content by you or any other visitor to the Services.
Except where otherwise required by mandatory law or expressly stated by L’Atelier des Capes & Épées, the Services and all products offered through them are provided “as is” and “as available”, without any representation, warranty or condition of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.
Certain warranties cannot be excluded with respect to consumers under applicable law. The above exclusions therefore apply only to the extent permitted by law.
SECTION 16 – LIMITATION OF LIABILITY
To the extent permitted by applicable law, in no event shall L’Atelier des Capes & Épées, nor our partners, officers, directors, employees, affiliates, agents, contractors, service providers or licensors, nor Shopify and its affiliates, be liable for any indirect, non-material, special or consequential damages of any kind, including, without limitation, loss of profits, revenue, savings, data or replacement costs, arising from your use of the Services or any product obtained through the Services, or in any way related to such use.
Nothing in these Terms shall operate to exclude or limit our liability for bodily injury, death, fraud, gross negligence or any other case where such exclusion or limitation would be prohibited by law, particularly in respect of consumers. The above limitations apply to the maximum extent permitted by applicable law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless L’Atelier des Capes & Épées, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers, from and against any claim, demand, action or proceeding brought by a third party arising out of (1) your breach of these Terms of Service or of any documents they incorporate, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, it being understood that failure to provide prompt notice will not release you from your obligations, unless you can demonstrate that you have suffered material prejudice as a result of such failure. We may control the defence and settlement of such claim at your expense, including the choice of counsel; however, we will not enter into any settlement imposing non-monetary obligations on you without your reasonable consent. You will cooperate in good faith in the defence of indemnified claims.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms, 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 of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policy or rule posted by us on this site or in respect of the Services constitute the entire agreement 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 (including any prior version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against either 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 attempt to do so will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement whereby we provide you with Services are governed by French law.
In the event of a dispute, an amicable solution will be sought as a priority. Failing an amicable agreement, the dispute will be brought before the competent French courts, in accordance with the ordinary rules of law. If you are a consumer, you benefit from the mandatory provisions of the law of your country of residence and from the courts that follow from that law.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and shall not affect the interpretation of these Terms.
SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service 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 Service by posting updates and changes on our website. It is your responsibility to check our website regularly 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 that notice. Your continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: contact@atelier-capes-epees.fr.
Our contact details are as follows:
Trading name: L’Atelier des Capes & Épées
Registered company name: COMME UN TRESOR, SAS
Address: 6 Rue d’Armaillé, 75017 Paris, France
Email address: contact@atelier-capes-epees.fr
Telephone number: +33 7 69 96 01 74
Registration number (SIREN): 993 650 787
EU VAT number: FR74993650787