Terms of service

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

The Terms of Use below, together with all related policies (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use 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 by our Privacy Policy [LINK]. If you do not accept 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 dependent of yours to use the Services on the devices 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 the information you provide in our stores is correct, current and complete and that you have all the rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You are not permitted to transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have endeavored to provide an accurate representation of our products and services in our online stores. However, please note that the colors or the appearance of the products may differ from the way they appear on your screen due to the type of device you use to access the store, and to your device's settings and configuration.
We do not guarantee that the appearance or the quality of the products or services you purchase will meet your expectations or will be the same as described or rendered in our online stores.
All product descriptions are subject to change at any time and without prior 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 an offer to purchase. Mario Boutique reserves the right to accept or decline your order for any reason whatsoever, at its discretion. Your order is not accepted until Mario Boutique 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 Mario Boutique 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 inform you by contacting the email address, the billing address and/or the telephone number provided at the time of the order.
Your purchases may be returned or exchanged only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts and promotions may be changed without prior notice. The price charged for a product or a 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, or customs or import charges.
The prices displayed in our online stores may differ from the prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect prices and that are governed by Terms of Use separate 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, your credit card numbers and expiration dates, so that we can complete your transactions and contact you if 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 that credit card for the purchase, (iii) the amounts charged by you will be honored by your credit card institution, and (iv) you will pay the amounts charged by you at the displayed 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 the risk of loss pass to you.

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

SECTION 7 – OPTIONAL TOOLS
You may have access to customer 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 warranty, representation or condition of any kind and without any endorsement. We disclaim all liability arising from or relating to your use of the optional third-party tools.
Any use by you of the optional tools offered on the site is entirely at your own responsibility and discretion, and you must ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and new resources). These new features must also be considered as forming part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or the accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such materials 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 to your purchase or use of products, services, resources or content on third-party websites. Please review the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions concerning third-party products and services must be addressed to the third party concerned.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Mario Boutique is powered by Shopify, which enables us to provide you with the Services. However, the sales and purchases you make in our Store are carried out directly with Mario Boutique. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Mario Boutique, including any harm, damage or loss resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or relating to your purchases and your transactions with Mario Boutique. 

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which may be consulted here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which may be consulted 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 concerning your access to and use of the services in order to provide you with the Services and to improve them. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than the one in which you reside, in order to provide you with services. See our privacy policy [LINK] for more details on how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, publish, send by 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 and entirely royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback on any medium and for any purpose, including for commercial purposes. We may, for example, use the rights granted to us by this license to operate, provide, evaluate, strengthen, 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 the necessary rights in 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 preserve the confidentiality of your Feedback; (2) to pay any compensation for your Feedback; or (3) to respond to your Feedback.
We may, without being obliged to do so, monitor, modify or remove Feedback that we deem, in our sole discretion, to be unlawful, 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 will not violate any right of a third party, including copyright, trademarks, privacy, personality or any other personal or proprietary right. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene statements, nor computer viruses or other malicious software likely to affect in any way the operation of the Services or of any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or mislead third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and for its accuracy. We assume no liability for any Feedback published by you or by a third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
It may happen that information on or within the Services contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any error, inaccuracy or omission, and to modify or update information or to cancel orders if any information is inaccurate, at any time and without prior 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 or use the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial or national regulation, rule or 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 send, knowingly receive, upload, download, use or re-use 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 letter", "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 prevents anyone's use or enjoyment of the Services, or that, in our opinion, may harm Mario Boutique, Shopify or the users of the Services, or expose them to liability.
In addition, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in a manner that will affect the functionality or the 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 other persons; (d) spam, phish, pharm, pretext, spider, harvest, or scrape; or (e) interfere with or circumvent the security features of the services or of any associated website, of other websites or of the Internet. We reserve the right to suspend, disable or terminate your account at any time, without prior notice, if we consider that you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or to any part thereof) at our sole discretion, at any time and without prior notice, and you will remain liable for all amounts due up to and including the date of termination.
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 which, by its nature, should survive termination.

SECTION 15 – 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. Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from the reliance placed on such content by you or by any other visitor to the Services, or by any other person informed of its content.
EXCEPT AS EXPRESSLY STATED BY Mario Boutique, 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. CERTAIN JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Mario Boutique, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE HELD LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR OF ANY PRODUCT OBTAINED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY WHATSOEVER TO YOUR USE OF THE SERVICES OR OF ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR OF ANY CONTENT (OR PRODUCT) PUBLISHED, 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 Mario Boutique, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers in the event of any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to a third party by reason of or arising from (1) your breach of these Terms of Service or of the documents they incorporate by reference, (2) your violation of any law or of the rights of a third party, or (3) your access to and use of the Services.
We will inform you of any indemnifiable claim, it being understood that a failure to notify promptly will not release you from your obligations, unless you suffer material prejudice. We may control the defense and the settlement of such claim at your expense, including the choice of counsel, but we will not settle a claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, in particular by providing the relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is deemed unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms of Service, without this affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policy or operating rule published by us on this site or concerning 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 party that drafted them.

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 shall 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 whereby we provide you with Services shall be governed and construed in accordance with the federal and state or territorial courts in the jurisdiction where Mario Boutique has its head office. You and Mario Boutique accept the venue and personal jurisdiction of these courts.

SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and do not have the effect of limiting or affecting these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You may at any time consult the most recent version of the Terms of Service on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by publishing updates and changes on our website. It is your responsibility to check our website regularly to see whether any changes have been made to it. We will inform you of any material change to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Continuing to use or access the Services after the publication of any change to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
Questions relating to the Terms of Service must be sent to us at the address contact@mario-boutique.fr.