Terms of sale
TERMS OF USE
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OVERVIEW
This website is operated by OPTISOLAR. Throughout the site, we use the terms "we", "us" and "our" in reference to OPTISOLAR. This website, including all information, tools and services to which it gives access, is offered by OPTISOLAR to the user who you are, provided that you agree to all of the terms, conditions, policies and notices stated herein.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms of Service"), including those terms and conditions, terms and policies mentioned herein and/or accessible by hyperlink. These Terms of Use apply to all users of the Site, including without limitation individuals who are visitors, suppliers, customers, merchants and/or content providers.
Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not accept all of the terms and conditions of this agreement, you may not be able to access or use the website. If these Terms of Use are considered an offer, their acceptance is expressly limited to them.
Each new tool or feature that is added to this store is also subject to the Terms of Use. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, amend or replace any part of these Terms of Use by posting such updates and/or amendments on our website. It is your responsibility to check this page from time to time for any changes. By continuing to access or use the Website after posting any changes, you agree to the changes.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell you our products and services.
SECTION 1 – CONDITIONS OF USE OF THE ONLINE STORE
By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province and you have given us permission to allow any of your minor dependents to use this site.
You must not use our products for any illegal or unauthorized purpose, or violate any laws in your jurisdiction when using the Service (including but not limited to copyright laws).
You must not transmit worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse to serve anyone at any time and for any reason.
You understand that your content (with the exception of credit card information) may be transferred without encryption and that this includes (a) transmissions over multiple networks; and (b) changes made in order to comply and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service, or contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included as a guideline only and shall not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We cannot be held responsible if the information on this site is inaccurate, incomplete or outdated. The content of this site is provided as general information only and should not be relied upon or used as the sole basis for decision making without consulting more extensive, accurate, comprehensive or current sources of information. If you rely on the content of this site, you do so at your own risk.
This site may contain certain historical data. By definition, historical data is not current and is provided for reference purposes only. We reserve the right to change the contents of this site at any time, but we have no obligation to update the information it contains, whatever it may be. You acknowledge that it is your responsibility to monitor changes to our site.
SECTION 4 – SERVICE AND PRICE CHANGES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
We shall not be liable to you or any third party for any change in price, modification, suspension or interruption of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
It is possible that some products or services are only available online through the website. The quantities of such products or services may be limited and their return or exchange may be strictly subject to our Returns Policy.
We have tried to present as accurately as possible the colors and images of the products listed on the shop. However, we cannot guarantee the accuracy of the color display on your computer screen.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any particular person, geographical region or jurisdiction. We authorize ourselves to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services that we offer. All product descriptions and pricing are subject to change at any time, without notice and in our sole discretion. We reserve the right to discontinue the sale of a product at any time. Any product or service offer on this site is void where prohibited by law.
We do not warrant that the quality of any product, service, information or other materials you purchase or otherwise acquire will meet your expectations or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or phone number provided at the time of the order. We reserve the right to limit or prohibit orders which in our judgment appear to have been placed by traders, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and any other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if needed.
For more information, please see our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control or manage.
You acknowledge and agree that we provide access to these tools "as is" and "subject to availability", without warranties, representations or conditions of any kind and without any endorsement. We shall not be liable for anything that may result from or be related to your use of optional third party tools.
Any use by you of the optional tools offered through the site is entirely at your own discretion and risk. In addition, it is your responsibility to inquire about and accept the terms under which these tools are provided by the relevant third party supplier(s).
We may also in the future offer new services and/or features through the website (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 – THIRD-PARTY LINKS
Some content, products and services accessible via our Service may include elements from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are under no obligation to review or evaluate their content or accuracy, nor do we guarantee and assume any responsibility for the contents or websites, or other contents, products or services of third-party sources.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transaction related to these third party websites. Please read carefully the policies and practices of these third parties and make sure you understand them before you engage in a transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the same third parties.
ARTICLE 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other elements, whether online, by e-mail, by post or otherwise (collectively, 'comments'), you grant us the right at any time without restriction to edit, copy, publish, distribute, translate and use in any medium any comments that you forward to us. We are not and shall in no way be required to (1) maintain the confidentiality of comments; (2) compensate anyone for any comments provided; or (3) respond to comments.
7. We may, but have no obligation to, remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your comments shall not in any way infringe upon the rights of any third party, including copyright, trademark, privacy, personality or other personal or intellectual property rights. You further agree that your comments must not contain any unlawful, abusive or obscene material, computer virus or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not, or otherwise attempt to mislead us or third parties as to the origin of any comments. You are fully responsible for all comments you make and their accuracy. We are not responsible for comments posted by you or any third party.
ARTICLE 10 – PERSONAL INFORMATION
The transmission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that are related to descriptions, pricing, promotions, offers, shipping charges, to delivery times and the availability of products. 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 without prior notice. (including after you have placed your order).
We are not obligated to update, change or clarify the information set out in the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to the Service or any related website can be defined to indicate that all of the information offered in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the other prohibitions set out in the Terms of Use, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to induce third parties to engage in or participate in unlawful acts; (c) to violate any local ordinance or international, federal, provincial or state regulation, rule or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, calumniate, disparage, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnic origin, of 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 be or could be used to compromise the functionality or operation of the Service or any related website, as well as other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web; (j) for obscene or immoral purposes; or (k) to disrupt or bypass the security measures of the Service or any related site, as well as other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the Terms of Use.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, warrant or represent that your use of our Service will be uninterrupted, secure, timely or error-free.
We do not warrant that the results that may be obtained from using the Service will be accurate or reliable.
You agree that from time to time we may withdraw the Service for indefinite periods or cancel it at any time without 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 provided to you through it are (except as expressly stated by us) provided "as is" and "subject to availability" 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.
OPTISOLAR, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim, or any direct damages, indirect, incidental, punitive, special or consequential, including but not limited to loss of profits, income, savings or data, replacement costs or other similar damages, whether in contract, tort (even if negligent), strict liability or otherwise, arising out of your use of the Service or any service or product that makes use of it, or any other claim related in any way to your use of the Service or any product, including without limitation, to errors or omissions in any content, or to any loss or damage arising from the use of the Service or any content (or product) published, transmitted or made accessible through the Service, even if you have been warned of the possibility that they may occur.
Because some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.
ARTICLE 14 – COMPENSATION
You agree to indemnify, defend and hold harmless OPTISOLAR and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, exits 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 Use or the documents referred to therein, or your violation of any laws or rights of a third party.
ARTICLE 15 – 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 law, and the non-applicable part shall be deemed to be severed from these Terms of Use, without this judgment affecting the validity and applicability of the other 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.
These Terms of Use shall remain in full force and effect unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine or suspect, in our sole discretion, that you are failing, or has failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice. You will remain liable for all amounts payable up to and including the date of termination, whereupon we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Service or any other policies or operating rules that we post on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service).
Any ambiguity as to the interpretation of these Terms of Use shall not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms of Use, together with any separate agreements by which we provide the Services to you, are governed by and construed in accordance with French law.
ARTICLE 19 – CHANGES TO TERMS OF USE
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, amend or replace any part of these Terms of Use by posting such updates and/or amendments on our website. It is your responsibility to check our website from time to time for any changes. By continuing to access or use our website and the Service after we have posted changes to these Terms of Use, you agree to those changes.
ARTICLE 20 – CONTACT DETAILS
Questions about the Terms of Service should be sent to us at contact@optisolar.fr