Terms of service

Terms of Service

OVERVIEW Welcome to Atelier Mercer! The terms “we”, “us”, and “our” refer to Atelier Mercer. Atelier Mercer offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Atelier Mercer is powered by Shopify, which allows us to provide the Services to you. These Terms of Service ("Terms") describe your rights and responsibilities when using our Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranties, disclaimers, and limitations of liability. By visiting our site and/or purchasing something from us, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. To use the Services, including browsing our online stores or purchasing any products, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the right to provide this information. You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, or license your account to anyone else.

SECTION 2 - OUR PRODUCTS We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, please note that product colors or appearances may differ depending on the device you use to access the store. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Atelier Mercer reserves the right to accept or reject your order for any reason, at our sole discretion. Your order is not accepted until Atelier Mercer confirms it. We must receive and process your payment before accepting your order. Please review your orders carefully before purchasing, as we may not be able to process cancellation requests once an order is accepted. If 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 was made. You may return or exchange your purchase only in accordance with our Refund Policy. You represent and warrant that your purchase is for personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING Prices for our products 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. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, or customs duties. We may, from time to time, offer promotions that may affect pricing. If there is 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 and account information for all purchases made at our store. 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. You represent and warrant that (i) the credit card information you supply is true, correct, 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 applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY We are not responsible for any shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the shipping carrier, customs clearance, or events outside our control. Once we transfer products to the carrier, the title and risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including all trademarks, text, images, graphics, product reviews, and the design and arrangement thereof, are the property of Atelier Mercer, its affiliates, or licensors, and are protected by intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without prior written consent. The Atelier Mercer name, logos, and related designs are trademarks of Atelier Mercer. Shopify's name and logos are trademarks of Shopify. All other names and logos 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.

SECTION 8 - THIRD-PARTY LINKS Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites. 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 third-party websites.

SECTION 9 - RELATIONSHIP WITH SHOPIFY Atelier Mercer operates using Shopify's technology, which allows us to offer the Services. However, any sales or purchases made on our store are directly with Atelier Mercer. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Atelier Mercer, including any injury, damage, or loss resulting from the purchase. You hereby expressly release Shopify and its affiliates from any claims arising out of your transactions with Atelier Mercer.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, and certain information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If you send certain specific submissions or creative ideas, suggestions, proposals, plans, or other materials (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 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.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site 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, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (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 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; (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 Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

 

SECTION 14 - AGENTS 14.1 This section applies if you use, permit, enable, or cause the implementation of an Agent to access, use, or interact with any Service. 14.2 No Agent may access or interact with the Services unless it identifies itself and operates in strict accordance with these Terms. 14.3 We may limit, including through technical measures, the access and interaction of any Agent with the Services. 14.4 Agents must identify themselves in HTTP/HTTPS requests and must not obscure their non-human nature or attempt to bypass CAPTCHAs or other security measures.

SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services 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.

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 the accuracy, completeness, or usefulness of this information. UNLESS EXPRESSLY STATED BY ATELIER MERCER, THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND.

SECTION 17 - LIMITATION OF LIABILITY IN NO CASE SHALL ATELIER MERCER, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SHOPIFY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICE.

SECTION 18 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Atelier Mercer, Shopify, and our partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service 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.

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 constitute the entire agreement and understanding between you and us.

SECTION 21 - ASSIGNMENT You may not assign or transfer this agreement or any of your rights or obligations hereunder without our prior written consent.

SECTION 22 - 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 laws of the jurisdiction where Atelier Mercer is located.

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 OF SERVICE 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.

SECTION 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at support@atelier-mercer.com. Our contact information is posted below:

Atelier Mercer 

support@atelier-mercer.com

+34 691 63 61 58