Terms of service

 

OVERVIEW


This website is operated by UGO BOULARD. Throughout the site, the terms "we", "us", "us" and "our" refer to BOULARD TEAM. Ugo Boulard offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting this site and/or purchasing one of our products, you are entering into our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions", "Terms"), including any additional terms, conditions and policies referenced herein and/or accessible by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this Site, including but not limited to users browsing the Site, who are vendors, customers, merchants and/or content contributors.


Please read these Terms of Use carefully before accessing or using our Site. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, you should not access the website or use the services offered on the website. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.


Any new features and tools added to this store in the future will also be subject to these Terms and Conditions of Use. You can view the most recent version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use or access of the website following the posting of any changes constitutes your acceptance of those changes.


Our store is hosted by 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 agreeing to these terms of sale and use, you represent 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 in your care to use this website.


You are prohibited from using our products for any illegal or unauthorized purpose, and in using the Service you must not violate the laws of your jurisdiction (including, but not limited to, copyright laws).


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


Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.



ARTICLE 2 - GENERAL TERMS AND CONDITIONS


We reserve the right to deny access to the Services to anyone at any time for any reason.


You understand that your content (excluding credit card information) may be transferred unencrypted, and this includes (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 transmission 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 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 your convenience, and shall not limit or affect these Terms.



ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We shall not be liable if the information available on this site is not accurate, complete or current. The content of this site is provided for informational 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 choose to rely on the content presented on this site, you do so at your own risk.


This site may contain certain prior information. Such prior information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 - CHANGES IN SERVICE AND PRICES


The prices of our products are subject to change without notice.


We reserve the right at any time to modify or discontinue the Service (and any part or content thereof) without notice.


We will not be liable to you or any third party for any price changes, suspension or discontinuance of the Service.





ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)


Some products or services may be available exclusively online on our website.

We do not issue refunds for any "Limited" or "Made-to-Order" items purchased through the website.
However, if you wish to return one of these items, we will provide an exchange, or issue a credit equal to the value of the returned item, usable throughout our website and physical store for one year.



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 the display of colors on your computer screen will be accurate.


We reserve the right, but are not obligated, to limit sales of our products or services to any person in any geographic area 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 notice, at our sole discretion. We reserve the right to discontinue offering a product at any time. Any offer of services or products on this site is void where prohibited by law.


We do not warrant that the quality of any product, service, information or other merchandise obtained or purchased by you will meet your expectations, nor do we warrant 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, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, credit card, and/or orders using the same billing and/or shipping address. In the event that we modify or cancel an order, we may attempt to notify you by contacting you via email and/or the billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, may appear to us to be from dealers, resellers or distributors.


You agree to provide current, complete and accurate order 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 that we can complete your transactions and contact you if necessary.


For more details, please see our Returns Policy.



ARTICLE 7 - OPTIONAL TOOLS


We may provide you with access to third party tools over which we have no oversight, control or influence.


You acknowledge and agree that we provide you access to such tools on an "as is" and "as available" basis, without warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or related to your use of these optional third-party tools.


If you use optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the applicable third party provider(s).


We may offer new services and/or features on our Site (including new tools and resources) in the future. These new features and services will also be subject to these Terms of Sale and Use.

ARTICLE 8 - THIRD PARTY LINKS


Some content, products and services available through our Service may include material from third parties.


Third party links on this site may redirect you to third party websites that are not affiliated with us. We are not obligated to review or evaluate the content or accuracy of such sites, and we do not warrant or assume any responsibility or liability for any content, websites, products, services or other materials accessible on or from such third-party sites.


We are not liable for any damages or injury in connection with the purchase or use of goods, services, resources, content or any other transactions made in connection with these third-party websites. Please read the policies and practices of the third parties carefully and make sure you understand them before entering into any transaction. Any complaints, claims, concerns or questions about these third parties' products should be directed to the third parties.




ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER USER SUBMISSIONS


If, at our request, you submit specific content (for example, to enter contests), or if without our request, you submit 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 media any Comments you submit to us. We are not and will not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.


We may, but are not obligated to, monitor, edit or remove content that we deem, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, libelous, slanderous, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.


You agree to write comments that do not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, defamatory, offensive or obscene content, or contain computer viruses or other malicious software that may in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or any third party as to the origin of your comments. You are fully responsible for all comments you post and for their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.



ARTICLE 10 - PERSONAL INFORMATION


The submission 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


From time to time, there may be information on our site or the Service that could contain typographical errors, inaccuracies or omissions that may relate to 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 any information on the Service or any related website is inaccurate, at any time without notice (including after you place your order).


We are under no obligation to update, modify or clarify any information on the Service or any associated website, including, but not limited to, pricing information, except as required by law. You should not rely on any fixed update or update date on the Service or any associated website to conclude that information on the Service or any associated website has been modified or updated.

 

ARTICLE 12 - PROHIBITED USES


In addition to the prohibitions set forth in the General Conditions of Sale and Use, you are prohibited from using the site or its content (a) for illegal purposes; (b) to induce or participate in illegal acts by third parties; (c) to violate any regional or international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our or any third party's intellectual property rights; (e) to harass, abuse, insult, libel, slander, defame, libel, denigrate, intimidate or discriminate against any person on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) post false or misleading information (g) upload or transmit viruses or any other malicious code that is or may be used in a manner that impairs the functionality or operation of the Service or any related, independent or Internet website; (h) collect or track the personal information of others; (i) spam, phish, hijack a domain, extort information, browse, search or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) violate 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 the prohibited uses.




ARTICLE 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY


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


We do not warrant that the results that may be obtained from the 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 notice.


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 otherwise expressly stated by us) provided to you "as is" and "as available" for your use without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.


In no event shall Ugo Boulard, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product of the Service, or in respect of 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 arising out of your use of the Service or any content (or product) posted, transmitted or made available via the Service, even if you have been advised of the possibility of the same. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.



ARTICLE 14 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless Ugo Boulard, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the documents referenced herein, or your violation of any law or the rights of a third-party.



ARTICLE 15 - SEVERABILITY


In the event that any provision of these Terms and Conditions of Sale and Use shall be deemed unlawful, void or unenforceable, such provision may 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, such severability shall not affect the validity and enforceability of the remaining provisions.

 

ARTICLE 16 - TERMINATION


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


These Terms and Conditions of Sale and Use are effective unless and until terminated by either of you. You may terminate these Terms and Conditions of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.


If we determine, in our sole discretion, that you are not in compliance, or if we suspect that you have failed to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to 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 such right or provision.


These Terms and Conditions of Sale and Use or any other policies or operating rules we post on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede 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 and Conditions of Sale and Use).


Any ambiguity as to the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting party.


ARTICLE 18 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE


You may consult the most recent version of the General Conditions 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 General Conditions 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 following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.



ARTICLE 20 - CONTACT INFORMATION


Questions regarding the Terms and Conditions of Sale and Use should be sent to info@ugoboulard.com.