GENERAL CONDITIONS OF SALE AND USE
Applicable from 05/23/2023
The website aswancollection.com hereinafter referred to as “the Site” is operated by ASWAN. The terms “we”, “us” and “our” refer exclusively to ASWAN. ASWAN offers the User its Site, including all the information, all the tools and all the services available there, subject to his acceptance of all the terms, conditions and policies set out below.
By visiting the Site and/or concluding a sale, the User accepts bound by the terms set out below "General Conditions of Sale", "General Conditions of Sale and Use", "Conditions", including the terms , additional terms and policies which may be referred to herein and/or accessible by hyperlink. These General Conditions of Sale and Use apply to all Users of the Site.
The General Conditions of Sale and Use must be read carefully before accessing or using the Site. By accessing or using all or part of this Site, the User agrees to be bound by these General Conditions of Sale and Use.
Any new features/tools that may be added to this Site will also be subject to the General Conditions of Sale and Use. We reserve the right to update, change or replace all or part of these General Conditions of Sale and Use by publishing the updates and/or modifications on our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Our Site is hosted by Shopify Inc.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these General Conditions of Sale and Use, the User declares to have reached the age of majority in his country, state or province of residence, and acknowledges giving his consent to allow any person of minor age to his responsible for using this Site.
Use of our products for any illegal or unauthorized purpose is prohibited.
Any infringement or violation of these General Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the Services to any person at any time, for any reason.
The User undertakes not to reproduce, duplicate, copy, sell, resell or exploit all or part of the Site without express prior authorization from us.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
ASWAN is not responsible if the information available on the Site is inaccurate, incomplete or out of date. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more substantial, more accurate, more complete or more timely sources of information. The Site may contain certain historical data. By definition, historical data is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information it contains. The User acknowledges that it is his responsibility to monitor changes made to the Site.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES
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 of the Service) without notice.
We will not be liable to you or any third party for any price change, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS
Certain products may be exclusively available online on the Site. These products may be available in limited quantities and are subject to returns or exchanges only in accordance with our Return Policy.
We have made every effort to guarantee a clear display of the colors and images of our products which appear on our store. We cannot guarantee that your monitor's display of any color will be accurate.
We reserve the right to limit the sales of our products to any person, in any 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 product we offer. All product descriptions and pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to stop the sale of a product at any time.
We do not warrant that the quality of any products, services, information, or other merchandise purchased by you from our Site will meet your expectations, or 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. We may, in our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time. the order has been placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
ARTICLE 7 – OPTIONAL 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 any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or relating to the use of these optional third-party tools.
New services and/or new features offered on our site (including new tools and new resources) will also be subject to the General Conditions of Sale and 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 the Site may redirect you to third-party websites. We are not responsible for examining or evaluating the content or accuracy of such sites, and we do not warrant or assume any liability for any content, websites, products, services or other materials accessible on or from these third party sites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any such third-party websites. Please review the third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third parties' products should be referred to the same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to enter competitions), or if without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, on social media, or otherwise (collectively, "Comments"), you grant us the right, at any time, without restriction, to edit, copy, publish, to distribute, translate and otherwise use in any media any comments you send to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments provided; (3) to respond to comments.
We may, without obligation, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any intellectual property right or these General 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 further agree that your comments will not contain any unlawful, defamatory, offensive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service. or any other associated website. The User agrees not to provide a false e-mail address, impersonate us, or otherwise attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posts.
ARTICLE 10 – PERSONAL INFORMATION
Submission of your personal information to our store is governed by our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
Certain information on the Site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, or 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 in the Service or on any related website is inaccurate. , at any time and without notice (including after you have placed an order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date in the Service or on any related website, should be taken into account in concluding that information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set out in the General Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to incite others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, 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 will compromise the functionality or operation of the Service or of any related website, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort, crawl, crawl or scan the web (or any other resource); (j) for lewd or immoral purposes; or (k) to 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 any prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that any 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 suspend Use of the Service for indefinite periods of time or cancel it at any time, without prior 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 delivered to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without representation, without warranties and without conditions of any kind, express or implied, including all implied warranties of merchantability or quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall ASWAN, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, or incidental damages. punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or similar damages, whether whether in contract, tort (even in the case of negligence), strict liability or otherwise, arising out of your use of any service or product from this Service, or as to any other claim relating in any way to your use of the Service or of 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 Service or any content (or product) posted, transmitted, or otherwise rendered available through the Service, even if you have been advised of the possibility of them occurring. 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 – COMPENSATION
You agree to indemnify ASWAN, our parent company, subsidiaries, affiliates, partners, officers, directors, 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 violation of these General Conditions of Sale and Use or the documents to which they refer, or your violation of any law or rights a third.
ARTICLE 15 – SEVERABILITY
In the event that a provision of these General Conditions of Sale and Use is deemed to be illegal, void or inapplicable, this provision may nevertheless be applied to the fullest extent permitted by law, and the non-applicable part must be considered as being dissociated from these General Conditions of Sale and Use, this dissociation should not affect the validity and applicability of all other 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.
If we suspect that you have been unable to comply with the terms of these General Conditions of Sale and Use, we may terminate this agreement at any time without prior notice and you will remain liable for all amounts owed until the date of termination (including this), and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or apply any right or provision of these General Conditions of Sale and Use should not constitute a waiver of this right or provision.
These General Conditions of Sale and Use or any other policy or operating rule that we publish on the Site or in relation to the Service constitute the entire understanding and agreement between ASWAN and the User and govern its use of the Service, and replace all communications, proposals and all agreements, prior and contemporaneous, oral or written, (including, but not limited to, any previous version of the General Conditions of Sale and Use).
Any ambiguity regarding the interpretation of these General Conditions of Sale and Use must not be interpreted to the disadvantage of the drafting party.
ARTICLE 18 – APPLICABLE LAW
These General Conditions of Sale and Use, as well as any other separate agreement through which we provide you Services will be governed and interpreted under French law.
ARTICLE 19 – MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE
You can 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 of Sale and Use by publishing updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of the Service or your access to the Site after the publication of any modification to these General Conditions of Sale and Use constitutes acceptance of these modifications.
ARTICLE 20 – CONTACT INFORMATION
Questions regarding the General Conditions of Sale and Use should be sent to us at aswancollection@hotmail.com.