Terms of service

TERMS OF USE

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PREVIEW

This website is operated by Pacha. Throughout the site, we use the terms “we,” “us,” and “our” when referring to Pacha. This website, including all information, tools and services to which it provides access, is offered to you, the user of Pacha, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website 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 the terms and policies referenced herein and/or are accessible via a hyperlink. These Terms of Service apply to all users of the site, including without limitation individuals who are visitors, vendors, customers, merchants, and/ or contributors of content.
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 Service. 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. If these Terms of Use are considered an offer, acceptance is expressly limited to this.

Any new tool or feature added to this store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time at this page. We reserve the right to update, change or replace any part of these Terms of Use by posting such updates and/or changes to our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS OF USE

By agreeing to these Terms of Service, you represent that you are of legal age or older in your region, province or state and you have given us permission to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any computer worms, viruses or any code of a destructive nature.

Violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Your credit card information is always encrypted when transmitted over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of or access to the Service, or access to any contact on the website without express written permission from us, through which the service is provided.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We cannot be held liable if the information provided on this website is inaccurate, incomplete or out of date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting larger, more accurate, more complete or more timely sources of information. If you rely on the content of this website, you do so at your own risk.

This website may contain certain historical data. Historical data is by definition not current and is provided for your information only. We reserve the right to change the contents of this website at any time, but we have no obligation to update the information contained therein. You acknowledge that it is your responsibility to monitor changes to our website.
SECTION 4 – CHANGES TO THE SERVICE AND PRICES

The prices of our products are subject to change without prior notice.

We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.

We will not be liable to you or any third party for any price change or for any modification, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available only online through the website. Such products or services may have limited quantities and their return or exchange are strictly governed by our Return Policy.

We have made every effort to display as accurately as possible the colors and images of the products that appear at the store. However, we cannot guarantee the accuracy of your computer monitor's display of any color.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We authorize ourselves to exercise this right in individual cases. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop selling a product at any time. Any offer for any product or service made on this website is void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other material purchased or otherwise obtained by you 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, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or telephone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
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.

For more information, please refer to our Return Policy.
SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we do not monitor, control or manage.

You acknowledge and agree that we provide access to such tools ”as is” and “subject to availability” 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.

Any use by you of 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 on which such tools are provided by the relevant third party providers.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new services and/or features will also be subject to these Terms of Use.
ARTICLE 8 – THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are under no obligation to examine or evaluate their content or accuracy and we do not warrant and assume no 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. Please review the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.
ARTICLE 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit certain content at our request (e.g. as part of your participation in competitions) or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, via e-mail By email, postal mail or otherwise (collectively, “Comments”), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate and in any medium any comments you send to us to use . We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to compensate anyone for any comments made; or (3) respond to comments.
7. We may, but have no obligation to, remove content and accounts containing content that we, in our sole discretion, consider to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that constitutes any party's intellectual property or violate these Terms of Use.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy right, personality right or other personal or intellectual property right. You further agree that your comments will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility for any comments posted by you or any third party.

ARTICLE 10 – PERSONAL INFORMATION

The submission of your personal information to our shop is subject to 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 may relate to descriptions, pricing, promotions, offers, shipping charges, transit times and product 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 or on any related website is inaccurate. at any time and without notice (including after you have placed your order). ).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specific update or refresh date can be specified for the Service or on any related website to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:
(a) for any illegal purpose; (b) to incite others to perform or participate in any unlawful acts; (c) to violate any local ordinance or any international, federal, state or provincial regulations, rules or laws; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander anyone based on their gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to intimidate or discriminate; (f) submit false or misleading information;
(g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort, crawl, crawl, or crawl the web; (j) for lewd or immoral purposes; or (k) to interfere with or circumvent the security measures of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the usage restrictions.
ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, secure, delay-free or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service 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 delivered 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 expressly nor tacitly. including all implied warranties or conditions of merchantability or merchantability, fitness for a particular purpose, durability, title and non-infringement.
Pacha, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall not be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages, including , but not limited to, loss of profits, revenue, savings or data, replacement costs or other similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any service or product using it, or any other claim relating in any way to your use of the service or any product, including, without limitation, any errors or omissions in any content or any loss or damage , arising from the use of the Service or any product service or content (or products) posted, transmitted or made available via the Service, even if you have been warned of the possibility of their occurrence.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

ARTICLE 14 – COMPENSATION

You agree to release Pacha and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, defend and hold harmless any claims made by any third party due to or arising out of your breach of these Terms of Use or the documents incorporated herein, or your violation of any law or the rights of a third party.
ARTICLE 15 – DIVISIBILITY

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, without such judgment affecting the validity and applicability of the remainder provisions are affected.

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 will remain in effect unless 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 website.
If we believe or suspect, in our sole discretion, that you are failing or have failed to comply with any provision of these Terms of Use, we may also terminate this Agreement at any time without notice. You will then remain responsible for all amounts owed up to and including the date of termination and we may deny you access to our Services (or any part thereof).

ARTICLE 17 – ENTIRE AGREEMENT

The failure of 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 Use or any other policies or operating rules posted by us 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, without limitation, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed adversely to the drafting party.


ARTICLE 18 – APPLICABLE 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 4 rue de la République, Lyon, 69001, France.


ARTICLE 19 – CHANGES TO THE TERMS OF USE

You can review the most current version of the Terms of Use 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 Use by posting such updates and/or changes to our website. It is your responsibility to check our website from time to time for changes. By continuing to access or use our website and the Service following the posting of any changes to these Terms of Use, you accept those changes.


ARTICLE 20 – CONTACT INFORMATION

Please send questions about the Terms of Use to thomas.helpu@gmail.com.