Conditions d’utilisation

OVERVIEW

Welcome to NEMOIR! The terms "we," "us," and "our" refer to NEMOIR. NEMOIR operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). NEMOIR is powered by Shopify, which allows us to provide the Services to you.

The terms and conditions below, including all policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information regarding your legal rights and cover topics such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

ARTICLE 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are of legal age in the state or province in which you reside and that you have given us consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment, and shipping information. You represent and warrant that all information you provide in our stores 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 credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 - OUR PRODUCTS

We strive to provide as accurate a description as possible of our products and services in our online stores. However, please be aware that the colors and appearance of the product may differ from how they appear on your screen. This is related to the type of device you use to access the store and the settings and configuration of that device.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the display or description in our online store.

All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction, on a case-by-case basis.

ARTICLE 3 - ORDERS

When you place an order, you make an offer to purchase. NEMOIR reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is not accepted until NEMOIR confirms it. We must have received and processed your payment before your order is accepted. Please check your order carefully before submitting it. NEMOIR may not be able to honor a cancellation request after your 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 you via the email address, billing address, and/or phone number you provided during the ordering process.

You may only return or exchange purchases in accordance with our refund policy [LINK].

You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

ARTICLE 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time you place the order. This price will be listed in the confirmation email you receive after placing your order. Unless expressly stated otherwise, the prices listed exclude taxes, shipping costs, handling fees, customs duties, and import duties.

The prices displayed in our online stores may differ from prices in physical stores, or in online stores or other shops operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and to which terms and conditions apply that are separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms will take precedence.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in 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 provide is true, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges will be approved by the credit card company; and (iv) you will pay the charges incurred by you at the posted prices, including shipping, handling, and any applicable taxes, if any.

ARTICLE 5 - SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we have handed over the products to the carrier, ownership and risk of loss are transferred to you.

ARTICLE 6 - INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of NEMOIR, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.

These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of NEMOIR, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by NEMOIR.

The NEMOIR names, logos, product names, service names, designs, and slogans are trademarks of NEMOIR or its affiliates or licensors. You may not use such trademarks without the prior written consent of NEMOIR. The Shopify name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans within the Services are the trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS

You may be able to access third-party customer tools provided as part of the Services. We do not monitor these tools and have no control over or influence on them.

You acknowledge and agree that we provide access to such tools in their current state and based on availability, without any warranties, representations, or conditions of any kind and without any endorsement. We are in no way liable for damages arising from or related to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You must ensure that you are aware of and agree to the terms under which the tools are provided by the relevant third-party provider(s).

We may also offer new features via the Services in the future (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

ARTICLE 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you wish to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not liable for any damages or adverse consequences related to your visit to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please read the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANTS: This article accurately describes Shopify's relationship with your store and must not be removed or altered.]

NEMOIR uses Shopify to provide the Services to you. However, all sales and purchases you make in our store are handled directly with NEMOIR. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and NEMOIR, including injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with NEMOIR.

ARTICLE 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read the applicable 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 the Services for you. Information you submit to the Services is forwarded to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, to provide services to you. Read our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.

ARTICLE 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not now and will not in the future be obligated to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, abusive, pornographic, obscene, or otherwise objectionable, or in violation of any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe the rights of any third party, including copyrights, trademarks, privacy rights, personality rights, and other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, nor will it contain any computer viruses 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 the Feedback. You are solely responsible for the Feedback you submit and the accuracy thereof. We are not responsible and assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions. This information 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. We may also cancel orders if relevant information is incorrect, at any time and without prior notice (even after you have placed an order).

ARTICLE 13 - PROHIBITED USE

You may use the Services only for lawful purposes. You may not, whether directly or indirectly, access or use the Services (a) for unlawful or harmful activities; (b) to violate any international, national, federal, or provincial regulations, rules, laws, or local ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or other individuals; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or reuse any 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, and other similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits the use of the Services by others, or which, as determined by us, may harm NEMOIR, Shopify, or users of the Services, or expose them to liability.

Additionally, 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, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; and (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, and without notice. You remain liable for all amounts due up to and including the date of termination.

The following articles shall survive the termination of this agreement: Intellectual Property, Feedback, 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.

ARTICLE 15 - DISCLAIMER OF WARRANTIES

The information provided about or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. 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 information by you, other visitors to the Services, or any person who may be informed of any of its content.

UNLESS EXPRESSLY STATED BY NEMOIR, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, 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, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

ARTICLE 16 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEMOIR, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, 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. THIS INCLUDES, BUT IS 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 THE POSSIBILITY OF SUCH DAMAGES.

 

ARTICLE 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NEMOIR, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all costs related to losses, damages, liabilities, or claims, including reasonable attorneys' fees, due to or arising out of (1) your breach of these Terms of Service 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 or use of the Services.

We will notify you in the event of a claim that entitles us to indemnification, provided that failure to provide timely notice will not relieve you of your obligations, unless you are materially prejudiced by such failure. We may, at your expense, assume the defense and settlement of any such claim, including the engagement of counsel, but we will not settle any claims involving non-monetary obligations of yours without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of claims that entitle us to indemnification, including providing relevant documents.

ARTICLE 18 - 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. The unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 - WAIVER; ENTIRE AGREEMENT

Our failure 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 and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all 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 of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

ARTICLE 20 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent from or notice to you.

ARTICLE 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state-specific or provincial courts in the jurisdiction in which NEMOIR has its headquarters. You and NEMOIR consent to the authority and personal jurisdiction of the relevant court.

ARTICLE 22 - HEADINGS

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

ARTICLE 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at 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 our website. It is your responsibility to check our website periodically for changes. We will provide you with notice of material changes to these Terms in accordance with applicable law. Such changes become effective on the date stated in the notice. Your continued access to or use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

ARTICLE 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at nemoir-zakelijk@outlook.com.

Our contact details are provided below:

Company Name: Nemoir

Email: nemoir-zakelijk@outlook.com

VAT Number: NL003994999B72