Terms of Use

OVERVIEW

 

This website is operated by Wilness. Throughout the site, the terms “we”, “our”, and “us” refer to Wilness. This website, including all information, tools, and services accessed through it, is offered by Wilness to the user, provided that you accept 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 (“Terms of Service”, “Terms of Use”), including those terms, conditions, and policies mentioned herein and/or accessible via hyperlink. These Terms of Use apply to all users of the site, including, but not limited to, visitors, suppliers, customers, merchants, and/or content providers.

 

Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the site, 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 access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.

 

Any new tools or features added to this store will also be subject to the Terms of Use. You can review the latest 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 those updates and/or modifications on our website. It is your responsibility to check this page periodically to see if any changes have been made. By continuing to access or use the website after updates are posted, 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.

 

SECTION 1 – CONDITIONS OF USE OF THE ONLINE STORE

 

By accepting these Terms of Use, you represent that you are of the age of majority in your region, province, or state, and you have given us permission to allow any minor under your care to use this site.

 

You must not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction while using the Service (including, but not limited to, copyright laws).

 

You must not transmit any worms, viruses, or destructive code.

 

A breach or violation of any of the Terms will result in the immediate termination of your Services.

 

SECTION 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 and may involve (a) transmissions over various networks; and (b) changes made to comply with and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted during transmission over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, any use of the Service, or any access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

 

The section titles used in this agreement are included for convenience only and will not limit or affect any of these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

 

We cannot be held responsible if the information on this site is inaccurate, incomplete, or outdated. The content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, 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 information. Historical data, by definition, 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. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 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 will not be liable to you or any third party for any change in price, or any modification, suspension, or discontinuation of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

 

Some products or services may be available exclusively online through the website. These products or services may have limited quantities and may be subject to our Return Policy for returns or exchanges.

 

We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor’s display of colors 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 also reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time. All offers for products or services on this site are void where prohibited by law.

 

We do not guarantee that the quality of any products, services, information, or other material you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 – BILLING ACCURACY 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 make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

 

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 account and any other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more information, please see our Return Policy.

 

SECTION 7 – OPTIONAL TOOLS

 

We may provide you with access to third-party tools that we do not monitor, control, or manage.

 

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 endorsement. We will not be liable for anything arising from or related to your use of optional third-party tools.

 

Your use of any optional tools offered through the site is entirely at your own discretion and risk. It is also your responsibility to review the terms under which these tools are provided by the third-party provider(s) and to accept those terms.

 

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 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 not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or other content, products, or services.

 

We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Please review carefully the third-party policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

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 mail, or otherwise (collectively, “comments”), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate, and use in any media the comments you send us. We are not and will not be under any obligation (1) to maintain the confidentiality of the comments; (2) to compensate anyone for any comment provided; or (3) to respond to the 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, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Use.

 

You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or intellectual property rights. You also agree that your comments will not contain any illegal, offensive, or obscene material, or any viruses or other malicious software that could affect the functionality of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of the comments. You are solely responsible for all comments you post and their accuracy. We disclaim any liability for comments posted by you or any

ARTICLE 10 – PERSONAL INFORMATION

 

The transmission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

 

ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS

 

There may be occasional information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to descriptions, prices, promotions, offers, shipping charges, delivery times, and product 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 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 specific update or refresh date applied to the Service or any related website should be construed 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 other prohibitions set forth in the Terms of Use, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to incite others to perform unlawful acts or participate in them; (c) to violate any local or international law, rule, or regulation; (d) to infringe or violate our intellectual property rights or the rights of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, 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 any way that could affect the functionality or operation of the Service or any related site, or other websites or the Internet; (h) to collect or track others’ personal information; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related site, or other websites or the Internet. We reserve the right to terminate your use of the Service or any related site for violating any of these prohibited uses.

 

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

We do not warrant, guarantee, or represent that your use of our Service will be uninterrupted, secure, timely, 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, along with all products and services provided to you through the Service, is (except as expressly stated by us) provided “as is” and “as available” for your use, without representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

Wilness, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to the loss of profits, revenues, savings, or data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any product or service using the Service, or 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 content, or any losses or damages arising from your use of the Service or any content (or product) posted, transmitted, or 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 in such states or jurisdictions will be limited to the fullest extent permitted by law.

 

ARTICLE 14 – INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless Wilness and our parent company, subsidiaries, affiliates, partners, directors, officers, 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 breach 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 – SEVERABILITY

 

If any provision of these Terms of Use is determined to be illegal, void, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms of Use, without affecting the validity and enforceability of the remaining provisions.

 

ARTICLE 16 – TERMINATION

 

The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Use will remain in effect 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 we suspect or determine, at our sole discretion, that you have failed to comply with any provision of these Terms of Use, we may terminate this agreement at any time without notice. You will remain liable for all amounts owed up until the termination date (inclusive), and we may deny you access to our Services (or any part thereof).

 

ARTICLE 17 – ENTIRE AGREEMENT

 

Any failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

 

These Terms of Use, or any other policies or operating rules posted by us on this site or concerning the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Use). Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

ARTICLE 18 – GOVERNING LAW

 

These Terms of Use, and any separate agreements by which we provide you the Services, are governed by and construed in accordance with the laws of 19 rue des jeux de billes, Houdan, 78550, France.

 

ARTICLE 19 – CHANGES TO THE TERMS OF USE

 

You can review the latest 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 the updates and/or modifications on our website. It is your responsibility to check our website periodically to see if any changes have been made. By continuing to access or use our website and the Service after the publication of changes to these Terms of Use, you accept those changes.

 

ARTICLE 20 – CONTACT INFORMATION

 

Questions about the Terms of Use should be sent to us at contact@wilness.com.