Terms of service
OVERVIEW
Welcome to Maison Firenze! The terms “we”, “us” and “our” refer to Maison Firenze. Maison Firenze operates this store and website, including all associated information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Maison Firenze is powered by the Shopify platform, which enables us to provide the Services to you.
The terms and conditions below, together with the policies referenced within them (the “Terms of Service” or “ToS”), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranty and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not accept these Terms of Service or the 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 state or province of residence, and you give us your consent to allow any minor dependants in your care to use the Services.
You may be required to create an account to use certain parts of the Services. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. You agree to provide accurate, current and complete information and to keep it up to date. We reserve the right to suspend or terminate your account if any information provided proves inaccurate, out of date or incomplete.
SECTION 2 — OUR PRODUCTS
We have made every effort to display as accurately as possible the colours, features, specifications and details of the products available on the Services. However, we cannot guarantee that the colours displayed on your device will be accurate, nor that the packaging or product characteristics will be identical to those shown in the images.
All products are subject to availability, and we cannot guarantee that any item will be in stock. We reserve the right to discontinue any product at any time and for any reason. Prices for all products are subject to change.
SECTION 3 — ORDERS
When you place an order, you make an offer to purchase the product at the price and under the conditions stated at that time. We may accept or decline your offer at our discretion. Your order is accepted, and the contract of sale is formed, when we confirm the order and payment has been received.
We reserve the right to limit the quantities of any product ordered, and to refuse or cancel any order that appears, in our sole judgement, to be placed by dealers, resellers or distributors, to be fraudulent, or to result from a manifest pricing error. We may require additional verification or information, including the email address, billing address and/or telephone number provided at the time of the order.
Your purchases are subject to the return and exchange conditions set out in our Refund Policy. You represent and warrant that your purchases are 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. Prices displayed at the time of your order are the prices that apply to that order. All prices are shown in euros (€) and include applicable taxes, unless otherwise stated. Shipping costs are calculated and displayed separately before you confirm your order.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services, and to promptly update your account and payment details, including email address, payment method and card expiry date, so that we can complete your transactions and contact you as needed.
We reserve the right to correct any error, inaccuracy or omission relating to pricing, and to cancel any order placed on the basis of incorrect pricing information, even after the order has been confirmed. Where an order is cancelled on that basis, any sums already paid are refunded in full.
SECTION 5 — SHIPPING AND DELIVERY
We cannot be held responsible for delays attributable to carriers, customs authorities or events beyond our reasonable control. Delivery times shown on the Services are estimates and are not contractually binding, subject to the maximum statutory delivery period set out in our Shipping Policy.
Risk of loss and damage passes to you upon delivery of the products to the address you provided. It is your responsibility to check that your delivery address is accurate and complete.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to text, graphics, logos, icons, images, photographs, audio and video clips, data compilations, page layouts, underlying code and software, are the property of Maison Firenze or its licensors and are protected by intellectual property law.
You are granted a limited, non-exclusive, non-transferable and revocable licence to access and use the Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit any material from the Services without our prior written consent.
SECTION 7 — OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or 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 the optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials from, or links to, third parties. We are not responsible for examining or evaluating the content or accuracy of such third-party materials, and we do not warrant and will have no liability for any third-party materials or 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 or services should be directed to the third party concerned.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Maison Firenze is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made in our store is made directly with Maison Firenze.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Maison Firenze, including any damage, harm or loss resulting from the products or services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising out of or relating to your purchase and your transaction with Maison Firenze.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s privacy policy. By using the Services, you acknowledge that you have read those privacy policies.
Because 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 for you. Personal information is collected by, or may be shared with, Shopify and with third parties that may be located in countries other than your country of residence, in order to provide the services to you. See our Privacy Policy for further details on how we, Shopify and our partners use your personal information.
SECTION 11 — FEEDBACK AND REVIEWS
If you submit, upload, publish or otherwise send us creative ideas, suggestions, proposals, plans, reviews or other materials, whether online, by email, by post or otherwise (collectively, “Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable and sub-licensable licence to use, edit, copy, publish, distribute, translate and otherwise exploit that Feedback in any medium.
We are and shall be under no obligation to maintain any Feedback in confidence, to pay compensation for any Feedback, or to respond to any Feedback. You agree that your Feedback will not violate any right of any third party, and will not contain unlawful, abusive or obscene material or any computer virus or other malware that could affect the operation of the Services. 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 Feedback.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
The Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit 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 Services is inaccurate, at any time and without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend or clarify information on the Services, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services has been modified or updated.
SECTION 13 — PROHIBITED USES
You may not access or use the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (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; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to 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 Services or of any related website or the internet.
We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
SECTION 14 — AGENTS
14.1 This section (the “Agent Terms”) applies to any automated software, bot, script or artificial-intelligence system that accesses, uses or interacts with the Services on behalf of a person (an “Agent”).
14.2 If you use an Agent to access, use or interact with the Services, you are responsible for that Agent’s conduct as if it were your own, and you must ensure that the Agent complies with these Terms of Service in full.
14.3 Any Agent must: (i) identify itself in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent’s name by including the following statement in the user-agent string: “Agent/[agent name]”; (ii) not conceal or disguise the fact that access, use or interaction originates from an Agent, including by (a) imitating human behaviour or interaction patterns, or (b) using techniques designed to evade detection or attribution; (iii) respect the technical restrictions, rate limits and access controls applied to the Services; and (iv) not be used to circumvent any security measure or to obtain unauthorised access to any part of the Services.
14.4 We may restrict, suspend or block any Agent at any time, with or without notice, where we consider that its activity is harmful to the Services, to other users or to us.
SECTION 15 — TERMINATION
We reserve the right to terminate the present agreement, or to restrict, suspend or terminate your access to all or part of the Services, at any time and without notice, where we consider that you have breached these Terms of Service.
The obligations and liabilities of the parties incurred prior to the termination date survive the termination of this agreement for all purposes.
SECTION 16 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not warrant that your use of the Services will be uninterrupted, timely, secure or error-free, nor that the results obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk. You are solely responsible for the consequences arising from the use of this information by you, by any other visitor to the Services or by anyone informed of its content.
EXCEPT AS EXPRESSLY STATED BY MAISON FIRENZE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF CONSUMER RIGHTS, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION LIMITS YOUR STATUTORY RIGHTS AS A CONSUMER, INCLUDING THE LEGAL GUARANTEE OF CONFORMITY AND THE GUARANTEE AGAINST HIDDEN DEFECTS UNDER FRENCH AND EUROPEAN LAW.
SECTION 17 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAISON FIRENZE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PROCURED THROUGH THEM.
NOTHING IN THIS SECTION EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Maison Firenze and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or of the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 19 — SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service. 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 of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 — ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under it without our prior written consent. We may assign this agreement, in whole or in part, at any time without notice to you.
SECTION 22 — GOVERNING LAW
These Terms of Service, and any separate agreements whereby we provide you with Services, are governed by and construed in accordance with French law.
If you are a consumer resident in another Member State of the European Union, you retain the benefit of the mandatory protective provisions of the law of your country of habitual residence, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I).
In accordance with Article L612-1 of the French Consumer Code, you are entitled to use a consumer mediator free of charge for the amicable resolution of any dispute with us, provided you have first attempted to resolve it by way of a written complaint addressed directly to us.
SECTION 23 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 24 — 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 to the Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 25 — CONTACT DETAILS
Questions about these Terms of Service should be sent to us at contact.mfirenze@gmail.com.
Maison Firenze — 6 rue Marie Curie, 44230 Saint-Sébastien-sur-Loire, France.