Conditions of use
PREAMBLE :
This site is operated by Fitcolors. Throughout the site, the terms "we", "us" and "our" refer to Fitcolors. Fitcolors 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.
By visiting our site and/or purchasing anything from us, you are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including, without limitation, users who are browsers, suppliers, customers, merchants and/or content contributors.
Please read these terms of use carefully before accessing or 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 agree to all of the terms and conditions of this agreement, you may not access the site or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current shop are also subject to the Terms of Use. You can view the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our shop is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE SHOP TERMS
By accepting these Terms of Use, 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 that you have given us your consent to allow one of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose and you may not, in the use of the Service, breach any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit any worms, viruses or code of a destructive nature.
Any breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 - TERMS AND CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information), may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or affect these terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or up to date. The content of this site is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the content of this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily up to date and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes on our site.
SECTION 4 - SERVICE CHANGES AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice to you.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (WHERE APPLICABLE)
Certain products or services may be available exclusively online via the Website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our returns policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that the display of any colour on your computer screen will be accurate.
We reserve the right, but are not obliged, to restrict sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any product, service, information or other material purchased or 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 change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of ordering. We reserve the right to limit or prohibit orders which, in our sole discretion, appear to be placed by resellers, dealers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from our shop. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may process your transactions and contact you if necessary.
For more details, please see our returns policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or input.
You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We disclaim all liability arising out of or in connection with your use of optional third-party tools.
Any use by you of optional tools offered on the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms on which the tools are provided by the relevant third party supplier(s).
We may also, in the future, offer new services and/or features via the Website (including the release of new tools and resources). These new features and/or services will also be subject to these Terms of Use.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include material from third parties.
Third party links on this site may direct you to third party websites which are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant or assume any liability for any third party materials or websites, or any other third party materials, products or services.
We are not responsible for any damages or injury in connection with the purchase or use of any goods, services, resources, content or any other transaction conducted in connection with third party websites. Please review the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Claims, complaints, concerns or questions regarding third party products should be directed to the third party.
SECTION 9 - USER FEEDBACK, COMMENTS AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g., contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, "Comments"), you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate and use in any medium the Comments you send to us. We are and shall be under no obligation to maintain any Comments in confidence; to pay any compensation for any Comments; or to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
You agree that your comments will not violate any rights of any third party, including copyrights, trademarks, privacy, publicity or any other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain computer viruses or other malicious software that could 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 mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information to the Store is governed by our Privacy Policy.
SECTION 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 product descriptions, prices, promotions, offers, shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after your order has been submitted).
We assume no obligation to update, modify or clarify any information on the Service or any related website, including without limitation pricing information, except as required by law. No update or refresh date specified in the Service or on any related website should be taken to indicate that any information in the Service or on any related website has been changed or updated.
SECTION 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 for any unlawful purpose; solicit others to perform or participate in any unlawful acts; violate any local international, federal, provincial or state regulations, rules, laws or ordinances; infringe or violate our intellectual property rights or the intellectual property rights of others; harass, abuse, insult, hurt, defame, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related website, other websites or the Internet; collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for obscene or immoral purposes; or interfere with or circumvent the security features 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 for violation of any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant that your use of our service will be uninterrupted, timely, secure 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 discontinue the service for indefinite periods 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 provided to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, 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.
In no event shall Fitcolors®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, consequential damages of any kind, including, without limitation, lost revenues, lost data, replacement costs or any other similar damages, whether in contract, your use of the service or products purchased using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the service or any content (or product) displayed, transmitted or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the fullest extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold Fitcolors.co.uk and our parents, affiliates, partners, officers, directors, agents, contractors, service providers, subcontractors, suppliers, interns 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 Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination not to affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If, in our sole discretion, you fail, or we suspect that you have failed, you may terminate this agreement at any time without notice and you will remain liable for all amounts due. Up to and including the date of termination; and/or, as a result, deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure 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 and any rules or operating policies published by us on this site or relating to 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, without limitation, any prior version of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 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 France.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You may 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, modify or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions regarding the Terms of Use should be sent to us at info@fitcolors.com.