Terms of service

TERMS AND CONDITIONS OF SALE AND USE

OVERVIEW

This website is operated by CLODOUX. Throughout the site, the terms “we,” “us,” and “our” refer to CLODOUX. CLODOUX offers this website, including all information, tools, and services available on this site to you, the user, subject to your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions of Sale and Use (“Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, visitors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of its services.

Any new features or tools added to our store will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and services to you.

ARTICLE 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your country, state, or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws applicable in your jurisdiction, including copyright laws.

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

A breach or violation of any of these Terms may result in the immediate termination of your access to our Services, subject to applicable law.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, subject to applicable law.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any 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 made available on this site is inaccurate, incomplete, or out of date. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update information on our website unless required by law. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products are subject to change without prior notice, subject to applicable law.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice, where permitted by law.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service, except where liability cannot be excluded under applicable law.

ARTICLE 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may be returned or exchanged only in accordance with our Return and Refund Policy and applicable consumer protection laws.

We have made every effort to display as accurately as possible the colours and images of our clothing products shown in our store. However, we cannot guarantee that your device’s display will accurately represent the actual colours of the products.

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 products or services we offer.

All product descriptions and prices are subject to change at any time without prior notice, subject to applicable law. We reserve the right to discontinue 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 materials purchased or obtained by you will meet all your expectations, or that any errors in the Service will be corrected. Nothing in these Terms excludes or limits any statutory rights or guarantees that cannot lawfully be excluded or limited.

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our discretion and subject to applicable law, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, using the same credit card, and/or using the same billing or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, or telephone number provided when the order was placed.

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 through our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you when necessary.

For further details, please review our Return and Refund Policy.

ARTICLE 7 – OPTIONAL THIRD-PARTY 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 warranties, representations, or conditions of any kind and without endorsement. To the extent permitted by applicable law, we shall not be liable for any issues arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which these tools are provided by the relevant third-party provider.

We may also offer new services and/or features through our website in the future, including new tools and resources. Such new features and services will also be subject to these Terms.

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 websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites, and we do not warrant or assume any liability for third-party materials, websites, products, services, or other resources.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites, except where liability cannot be excluded under applicable law.

Please review the policies and practices of third parties carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

ARTICLE 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you submit specific content, such as contest entries, or if you send us creative ideas, suggestions, proposals, plans, or other materials without our request, whether online, by email, by mail, or otherwise (collectively, “Comments”), you grant us the right to edit, copy, publish, distribute, translate, and otherwise use those Comments in any medium, subject to applicable law and any rights that cannot lawfully be waived.

We are not obligated to (1) maintain any Comments in confidence, (2) pay compensation for any Comments, or (3) respond to any Comments, except where required by law or expressly agreed otherwise.

We may, but are not obligated to, monitor, edit, or remove content that we determine, at our discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.

You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Comments will not contain unlawful, defamatory, offensive, or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of your Comments. You are solely responsible for any Comments you submit and their accuracy. We assume no responsibility or liability for Comments posted by you or any third party, subject to applicable law.

ARTICLE 10 – PERSONAL INFORMATION

The submission of personal information through our store is governed by our Privacy Policy.

ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or product availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice, including after an order has been submitted, subject to applicable law and any rights you may have as a consumer.

We are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date should be interpreted as indicating that all information has been modified or updated.

ARTICLE 12 – PROHIBITED USES

In addition to the other prohibitions set out in these Terms, 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;

(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone on the basis of 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 may affect 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 send spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) For any obscene or immoral purpose; or

(k) To interfere with or circumvent the security features of the Service, any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses, subject to applicable law.

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee or represent that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that we may occasionally remove the Service for indefinite periods or discontinue the Service at any time, subject to applicable law.

Your use of the Service, or inability to use it, is at your own risk, to the extent permitted by law. The Service and all products and services delivered to you through the Service are provided “as is” and “as available,” except as expressly stated otherwise and subject to any statutory rights, warranties, or guarantees that cannot lawfully be excluded.

To the fullest extent permitted by applicable law, CLODOUX and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors shall not be liable for indirect, incidental, punitive, special, or consequential damages, including loss of profits, revenue, savings, data, replacement costs, or similar damages arising from your use of the Service or any product purchased through the Service.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law. Nothing in these Terms limits your mandatory consumer rights under the laws applicable to your purchase.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CLODOUX, its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any third-party claim or demand, including reasonable legal fees, arising from your breach of these Terms or the documents incorporated by reference, or your violation of any law or the rights of a third party, to the extent permitted by applicable law.

ARTICLE 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Such a determination shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes for which they are intended to survive.

These Terms remain effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website.

If, in our sole judgment, you fail to comply with any term or provision of these Terms, or if we suspect that you have failed to comply with them, we may terminate this agreement at any time, subject to applicable law. You will remain liable for any amounts due up to and including the date of termination, and we may deny you access to our Services or any part thereof where permitted by law.

ARTICLE 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us on this website or relating to the Service constitute the entire agreement between you and us concerning your use of the Service. They supersede any prior or contemporaneous communications, proposals, and agreements, whether oral or written, including any previous versions of these Terms.

Any ambiguity in the interpretation of these Terms shall not automatically be construed against the drafting party, subject to applicable law.

ARTICLE 18 – GOVERNING LAW

These Terms and any separate agreements through which we provide Services to you shall be governed by and interpreted in accordance with the laws applicable in the Province of Quebec, Canada, subject to any mandatory consumer protection laws that apply in your country or region of residence.

Nothing in this section is intended to deprive consumers in the European Union or elsewhere of any mandatory rights or legal protections to which they are entitled under applicable law.

ARTICLE 19 – CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes, where permitted by law. Any changes will not affect rights that cannot lawfully be modified or waived.