Terms of service
OVERVIEW
Welcome to ModeSoie! The terms “we,” “us,” and “our” refer to ModeSoie. ModeSoie operates this store and this website, including all information, content, features, tools, products, and related services, in order to provide you, as a customer, with a personalized shopping experience (the “Services” below). ModeSoie is a store powered by Shopify, which enables us to provide you with the Services.
The Terms of Service 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 at https://modesoie.com/policies/shipping-policy. 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 of the age of majority in your state or province of residence, and you agree to allow any minor under your supervision to use the Services on 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 and billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is correct, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or sublicense your account to any other person.
**SECTION 2 – OUR PRODUCTS**
We have made efforts to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store, as well as your device’s settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or will be the same as described or shown in our online stores.
All product descriptions may be changed 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. ModeSoie reserves the right to accept or refuse your order for any reason, at its discretion. Your order will not be accepted until ModeSoie 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 ModeSoie may not be able to accommodate requests to cancel an order after it has been accepted. If we do not accept, modify, or cancel an order, we will attempt to inform you by contacting the email address, billing address, and/or phone number provided at the time of ordering.
Your purchases may be returned or exchanged only in accordance with our Refund Policy at https://modesoie.com/policies/shipping-policy.
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 modified without prior notice. The price charged for a product or 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 fees.
The prices displayed in our online stores may differ from those offered in physical stores or in online stores or other platforms operated by third parties. We may occasionally offer promotions on the Services that may affect pricing and that are governed by separate Terms of Use distinct from these Terms. In the event of any 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, credit‑card numbers, and expiration dates, so that we may 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 card issuer, and (iv) you will pay the amounts charged by you at the displayed prices, including shipping and handling fees and any applicable taxes, as applicable.
**SECTION 5 – SHIPPING AND DELIVERY**
We are not responsible for shipping or 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 risk of loss pass to you.
**SECTION 6 – INTELLECTUAL PROPERTY**
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are the property of ModeSoie, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual‑property laws.
These Terms authorize you to use the Services solely for personal, non‑commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual‑property right of ModeSoie, 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 by ModeSoie.
The names, logos, product and service names, designs, and slogans of ModeSoie are trademarks of ModeSoie or its affiliates or licensors. You may not use these trademarks without ModeSoie’s prior written consent. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
**SECTION 7 – OPTIONAL TOOLS**
You may have access to third‑party customer tools offered through the Services, which we do not monitor or control and over which we have no authority.
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 optional third‑party tools.
Any use by you of optional tools offered on the site is entirely at your own risk and discretion, and you should ensure that you are aware of and agree to the terms under 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 publication of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms of Service.
**SECTION 8 – LINKS TO THIRD PARTIES**
The Services may contain documents and hyperlinks to websites provided or operated by third parties (including any integrated third‑party feature). We are not responsible for reviewing or evaluating the content or accuracy of third‑party documents or websites to which you choose to access. If you decide to leave the Services to access such documents or third‑party sites, you do so at your own risk.
We are not responsible for any harm or damage 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 ensure that you understand them before entering any transaction. Complaints, claims, concerns, or questions regarding third‑party products and services should be directed to the relevant third party.
**SECTION 9 – RELATIONSHIP WITH SHOPIFY**
This section describes precisely the relationship between Shopify and your store and should not be deleted or modified.
ModeSoie is powered by Shopify, which enables us to provide you with the Services. However, the sales and purchases you make in our store are made directly with ModeSoie. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and ModeSoie, including any injury, damage, or loss resulting from the products and services purchased. By these Terms you expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or relating to your purchases and transactions with ModeSoie.
**SECTION 10 – PRIVACY POLICY**
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: https://modesoie.com/policies/shipping-policy, and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in countries other than the one in which you reside, in order to provide you with services. See our Privacy Policy at https://modesoie.com/policies/shipping-policy for more details about how we, Shopify, and our partners use your personal information.
**SECTION 11 – USER FEEDBACK**
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, bundles, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty‑free license to use, reproduce, modify, publish, distribute, and display such Feedback on any medium and for any purpose, including commercial purposes. For example, we may use the rights granted by this license to operate, provide, evaluate, enhance, 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 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 keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, at our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual‑property rights or these Terms of Service.
You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You also agree that your Feedback will not contain defamatory or otherwise illegal, abusive, or obscene content, or computer viruses or other malicious software that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate or pretend to be someone other than yourself, or mislead us or any third party as to the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We assume no responsibility for any Feedback posted by you or by any third party.
**SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS**
It may happen that information on or in the Services contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping fees, delivery times, and availability. We reserve the right to correct any error, inaccuracy, or omission, and to change or update information or to cancel orders if 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 any illegal or malicious purpose; (b) in violation of any regulation, rule, international, federal, provincial, or national law, or any local ordinance; (c) in breach of 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 reuse any material that does not comply with these Terms; (g) to transmit or assist in the transmission of any advertising or promotional material, including any “spam,” “chain letter,” “junk mail,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by anyone, or that, in our judgment, may harm ModeSoie, Shopify, or the users of the Services, or expose them to liability.
In addition, you agree not to (a) upload or transmit any virus or other type of malicious code that would or could be used in a manner that affects the functionality or 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 others; (d) send spam, phishing, pharming, pretexting, or use robots, scrapers, or similar collection or scraping tools; or (e) interfere with or circumvent the security features of the Services or any associated website, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.
**SECTION 14 – TERMINATION**
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without 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 that, by its nature, should survive termination.
**SECTION 15 – DISCLAIMER OF WARRANTIES**
Information presented on or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability arising from the reliance you or any other visitor to the Services, or any other person made aware of their content, places on this content.
EXCEPT AS EXPRESSLY STATED BY MODESOIE, 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 ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON‑INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR OTHER DISCLAIMERS, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
**SECTION 16 – LIMITATION OF LIABILITY**
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MODESOIE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE 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 REVENUES, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
**SECTION 17 – INDEMNIFICATION**
You agree to indemnify, defend, and hold harmless ModeSoie, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to a third party arising from or relating to (1) your breach of these Terms of Service or of any documents incorporated by reference herein, (2) your breach of any law or any third‑party rights, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to notify you promptly will not relieve you of your obligations unless you suffer material harm. We may, at your expense, control the defense and settlement of such claim, including the choice of counsel, but we will not settle any claim requiring non‑monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnifiable claims, including by providing relevant documents.
**SECTION 18 – SEVERABILITY**
If any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision will nevertheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed deleted from these Terms of Service without affecting the validity or 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 shall not constitute a waiver of such right or provision.
These Terms of Service and any policy or operating rule published by us on this website 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, or proposals, whether oral or written, between you and us (including, but not limited to, any earlier versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party drafting 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 will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
**SECTION 21 – GOVERNING LAW**
These Terms of Service and any separate agreement pursuant to which we provide Services to you shall be governed by and construed in accordance with the federal, state, or territorial courts in the jurisdiction where ModeSoie has its principal place of business. You and ModeSoie agree to the venue and personal jurisdiction of these courts.
**SECTION 22 – HEADINGS**
The headings used in this Agreement are for convenience only and will not limit or affect these Terms.
**SECTION 23 – CHANGES TO THE TERMS OF SERVICE**
You may view the most current version of the Terms of Service on this page at any time.
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 periodically for any changes. We will notify you of any material changes to these Terms of Service in accordance with applicable law, and such changes will take effect on the date specified in the notice. Continued use of or access to the Services after any such modification of these Terms of Service constitutes acceptance of the changes.
**SECTION 24 – CONTACT INFORMATION**
Questions regarding the Terms of Service should be sent to us at nyla.dva@gmail.com.
Our contact details are shown below:
ModeSoie
info@modesoie.com
173 rue des écoles, 74140, Saint‑Cergues
07 86 22 07 54