Terms of use

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

The following Terms of Use, along with all related policies (the “Terms of Service” or “Terms”) 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 and cover areas such as disclaimers 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 [LIEN]. If you do not agree to these Terms of Service or this 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 under your care to use the Services on devices that you own, purchase, or manage.
To use the Services, including to access or browse our online stores, or to purchase 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 information. You represent and warrant that all information you provide in our stores is accurate, up to date, 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 all activities of your account. You are not permitted to transfer, sell, assign, or grant your account to another person.

SECTION 2 – OUR PRODUCTS
We have strived to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of the products may differ from how they appear on your screen due to the type of device you are using to access the store, the settings, and the configuration of your device.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be the same as described or rendered in our online stores.
All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS
When you place an order, you are making a purchase offer. JagouDesign reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until JagouDesign has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as JagouDesign may not be able to accommodate cancellation requests 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, and/or phone number provided at the time of the order.
Your purchases may be returned or exchanged only in accordance with our Refund Policy.
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may 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 indicated in your order confirmation email. Unless otherwise stated, the displayed prices do not include taxes, shipping and handling fees, customs or import duties.
The prices displayed in our online stores may differ from the prices offered in physical stores or in online stores or others operated by third parties. We may offer, from time to time, promotions on the Services that may affect prices and are governed by separate Terms of Use from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
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 process your transactions and contact you as necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use this credit card for the purchase, (iii) the amounts charged by you will be honored by your credit card issuer, and (iv) you will pay the amounts charged by you at the posted prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement of these, are the property of JagouDesign, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws. 
These Terms allow you to use the Services for personal and non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit the material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be interpreted as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of JagouDesign or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to JagouDesign. 
The names, logos, product and service names, designs, and slogans of JagouDesign are trademarks of JagouDesign or its affiliates or licensors. You may not use these trademarks without the prior written consent of JagouDesign. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may have access to client tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any liability arising from your use of or related to third-party optional tools.
Any use by you of the optional tools offered on the site is entirely at your own risk and discretion, and you must ensure that you are aware of and agree to the terms under which the tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features should also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – LINKS TO THIRD PARTIES
The Services may contain documents and hyperlinks to websites provided or operated by third parties (including any integrated third-party features). We are not responsible for reviewing or evaluating the content or accuracy of the documents or third-party websites you choose to access. If you decide to leave the Services to access these documents or third-party sites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
This section precisely describes the relationship between Shopify and your store and must not be removed or modified.
JagouDesign is powered by Shopify, which allows us to provide you with the Services. However, the sales and purchases you make in our Store are conducted directly with JagouDesign. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and JagouDesign, including any injury, damage, or loss resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from your purchases and transactions with JagouDesign or related to them.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LIEN], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the services in order to provide and improve the Services. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries other than the one where you reside, in order to provide you with services. Please see our privacy policy [LIEN] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, publish, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively referred to as "Feedback"), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display this Feedback in any media and for any purpose, including commercial purposes. We may, for example, use the rights granted by this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation (1) to maintain the confidentiality of your Feedback; (2) to pay any compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are not obligated to, monitor, modify, or remove Feedback that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms of Service.
You agree that your Feedback does not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. You also agree that your Feedback does not contain any defamatory or otherwise illegal, abusive, or obscene statements, nor any computer viruses or other malware that could affect the operation of the Services or any related website in any way. You may not use a false email address, impersonate someone other than yourself, or mislead us or any third parties regarding the origin of Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
There may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, shipping charges for products, delivery times, and availability. We reserve the right to correct any error, inaccuracy, or omission, and to modify or update the information or cancel orders if any information is inaccurate, at any time and without notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access the Services or use them, directly or indirectly: (a) for illegal or malicious purposes; (b) to violate any regulation, rule, international, federal, provincial, or national law, or any local ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, 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 any "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 that, in our judgment, may harm JagouDesign, Shopify, or the users of the Services, or expose them to 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 a way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) send spam, phishing, pharming, pretexting, robots, collectors, or scraping; or (e) interfere with or circumvent the security features of the services or any associated website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.

SECTION 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, and you will remain liable for all amounts due up to and including the termination date.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that, by its nature, should survive termination.

SECTION 15 – CLAUSE DE NON-RESPONSABILITÉ DES GARANTIES
The information presented on or through the Services is made available solely for general informational 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
Unless expressly stated by JagouDesign, the services and all products offered through the services are provided "as is" and "as available" for your use, without any representation, warranty, or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the disclaimer of implied warranties or other, so the above disclaimer may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the extent permitted by law, in no event shall Jagoudesign, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or 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, including, but not limited to, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the services or any product obtained 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 arising from the use of the services or any content (or product) posted, transmitted, or made available through the services, even if you have been advised of their possibility.  

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Jagoudesign, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorney's fees, payable to a third party arising from or related to (1) your violation 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 and use of the Services. 
We will notify you of any indemnifiable claim, provided that a failure to provide timely notice shall not relieve you of your obligations, unless you suffer significant harm. We may control the defense and settlement of this claim at your expense, including the choice of attorney, but we will not settle a claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be illegal, void, or unenforceable, that 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, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER ; ENTIRE AGREEMENT
Our inability to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any operating policy or rule published by us on this site or regarding the Service constitute 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, all prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement under which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where JagouDesign is located. You and JagouDesign agree to the venue and personal jurisdiction of these courts.

SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and do not limit or affect these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You can view the most recent version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any significant changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Continuing to use the Services or access them after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to contact@jagoudesign.com