Algemene voorwaarden

Aquí tienes la traducción al inglés de los Términos y Condiciones, con un formato estructurado para que sea fácil de leer:

GENERAL INFORMATION

Welcome to Michelle Maison! The terms "we", "us", and "our" refer to Michelle Maison. Michelle Maison operates this store and website, including all information, content, features, tools, products, and related services offered to you as a customer for a curated shopping experience ("the Services"). Michelle Maison is powered by Shopify technology, which enables us to offer you the Services.

The following terms, along with any policies referenced in this document (these "Terms and Conditions" or "Terms"), outline your rights and obligations when you use the Services. Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover areas such as warranties, disclaimers, and limitations of liability.

By visiting, communicating with, or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or our Privacy Policy, you may not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are of the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on the devices you own, purchase, or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide this information. You are solely responsible for maintaining the security of your account information and for all activities on your account. You may not transfer, sell, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online store. However, please note that the colors or appearance of the product may differ from how they appear on your screen, depending on the type of device you use to access the store and its settings. We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly the same as shown or presented in our online stores. All product descriptions 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 and we may limit the quantities of any products or services that we offer to any individual person, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Michelle Maison reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until Michelle Maison confirms that it has been accepted. We must receive and process your payment before we accept your order. You should carefully review your orders before completing the purchase, as Michelle Maison may not be able to process a cancellation request after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, or phone number provided at the time the order was made. You may only return or exchange your purchases in accordance with our Refund Policy [LINK]. You represent and warrant that your purchase is for personal or household use and not for commercial resale or export.

SECTION 4 - PRICING AND BILLING

Prices, discounts, and promotions are subject to change 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 the order confirmation sent to you by email. Unless explicitly stated otherwise, published prices do not include taxes, shipping, handling, customs duties, or import fees. Prices published in our online stores may differ from prices in physical stores or other online stores operated by third parties. We may occasionally offer promotions on the Services that may affect prices and which are governed by terms that differ from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. 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 as needed. You represent and warrant that (i) the credit card information you supply is true, accurate, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not liable for any delays caused by the shipping carrier, customs procedures, or events beyond our control. Once we hand over the products to the shipping carrier, the title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY RIGHTS

Our Services, including but not limited to all trademarks, logos, texts, examples, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of Michelle Maison, its affiliates, or licensors, and are protected by US and international copyright, trademark, patent, and other intellectual property laws. These Terms grant you the right to use the Services solely for your personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Unless expressly stated otherwise herein, nothing in these Terms grants you a license or any other rights under any patents, trademarks, copyrights, or other intellectual property rights of Michelle Maison, Shopify, or any third party. Unauthorized use of the Services may violate federal and national intellectual property laws. All rights not expressly granted herein are reserved by Michelle Maison.

The Michelle Maison name, logos, product and service names, designs, and slogans are trademarks of Michelle Maison or its affiliates or licensors. You must not use such trademarks without the prior written permission of Michelle Maison. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 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 shall have no liability whatsoever 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, and you should ensure that you are familiar with and approve of the terms on which 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 shall also be considered part of the Services and are subject to these Terms and Conditions.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain material and hyperlinks to websites provided or operated by third parties (including features embedded by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to visit. If you decide to leave the Services to access such third-party material or websites, you do so at your own risk. We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of goods, services, resources, or content on third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: this section accurately describes Shopify's relationship with your store and should not be removed or modified.] Michelle Maison is powered by Shopify technology, which allows us to offer you the Services. However, all sales or purchases you make in our store are made directly with Michelle Maison. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and Michelle Maison, including damages, losses, or harm arising from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchase and transaction with Michelle Maison.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be read here [LINK], and certain personal information may be subject to Shopify's privacy policy, which can be read here. By using the Services, you confirm that you have read this Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve our Services. The information you submit to the Services is transferred to and shared with Shopify, as well as with third parties that may be located in a different country than where you reside, in order to provide the services to you. Read our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit, upload, publish, email, or otherwise send ideas, suggestions, comments, reviews, plans, or other content (collectively, "comments"), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such comments in any medium for any purpose, including commercial use. We may use our rights under this license, for example, to operate, provide, evaluate, improve, optimize, and market the Services, as well as to fulfill our obligations and exercise our rights under the Terms and Conditions.

You also represent and warrant that: (i) you own or have all necessary rights to all comments; (ii) you have disclosed any compensation or incentives received in connection with the submission of your comment; and (iii) your comment complies with these Terms. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and without prior notice, as well as to change or update information or cancel orders if any information is inaccurate (even after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten our employees or other individuals; (e) to submit false or misleading information; (f) to transmit, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including "junk mail", "chain letters", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Michelle Maison, Shopify, or the users of the Services, or expose them to any liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext on the Services; (e) use any robot, spider, scraping, data collection and extraction tools, automated devices or processes, artificial intelligence tools (such as agent-based AI) or automated or manual means to access the Services; or (f) interfere with or circumvent the security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, deactivate, or terminate your account at any time, without notice, if we determine that you have violated any of these Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you permit, enable, or cause the use of an Agent to access, use, or interact with the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of a person or entity, and which may be executed on behalf of the person or using the person's device, without direct oversight. 14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates at all times in strict accordance with the requirements of Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service. 14.3 We may, including through technical measures, restrict the access, use, and interaction of any Agent with the Services, as well as the manner in which this occurs. 14.4 Agents must: (i) identify in each HTTP/HTTPS request that the request is from an Agent and provide the name of the Agent by including the following in the user-agent string of the request: "Agent/[agent name]"; (ii) not conceal or create confusion that access, use, or interaction originates from an Agent, such as (a) by mimicking human behavior and interaction patterns, or (b) by completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) truthfully respond to all inquiries or instructions intended to determine whether the interactions originate from a human or a computer; (iv) not otherwise circumvent or avoid any measure intended to block, restrict, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections shall survive termination: Intellectual Property Rights, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant that this information is accurate, complete, or useful. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

UNLESS EXPRESSLY STATED OTHERWISE BY MICHELLE MAISON, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY 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. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MICHELLE MAISON, OUR AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES, SUBSIDIARIES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION 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 OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Michelle Maison, Shopify and our subsidiaries, affiliates, partners, managers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms and Conditions or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access to and use of the Services. We will notify you of any claims giving rise to indemnification, provided that a failure to promptly notify you will not relieve you of your obligations unless you suffer material prejudice. We may assume the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim that involves non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You must cooperate in the defense of any claims, including providing relevant documents.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign this agreement or your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent and without notifying you.

SECTION 22 - GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Michelle Maison has its headquarters. You and Michelle Maison consent to the personal jurisdiction and venue of such courts.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and such changes will become effective on the date stated in the notice. Your continued use of or access to our Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at achaysamuel6@gmail.com. Below is our contact information:

Michelle Maison achaysamuel6@gmail.com Calle Harinas 11A, Arahal, SE, 41600, ES