Terms and Conditions of Sale
OVERVIEW
This website is operated by MoodPadel. Throughout the site, the terms “we”, “us” and “our” refer to MoodPadel. This website, including all information, tools, and services available from it, is offered by MoodPadel to you, the user, provided that you accept all terms, conditions, policies, and notices stated here.
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 and Conditions”, “Terms of Service”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the Site, including without limitation visitors, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Service 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 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 Service are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service 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 store 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.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or region of residence, or that you are the age of majority and you have given us your consent 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 worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL 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:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer 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 without express written permission from us. Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is inaccurate, incomplete, or outdated. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information.
Any reliance on the material on this site is at your own risk. This site may contain historical information which is, by definition, not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products appearing at the store. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis. We reserve the right to limit quantities of any products or services we offer. All descriptions of products or product pricing 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 on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email address and/or billing address/phone number provided at the time the order was made. We reserve the right to prohibit orders that 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 we can complete your transactions and contact you as needed.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind.
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 risk and discretion.
THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites and we do not warrant or assume any liability for any third-party materials, websites, products, or services.
COMMENTS AND USER SUBMISSIONS
If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (“comments”), you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.
We are under no obligation to:
- Maintain comments in confidence;
- Pay compensation for comments; or
- Respond to comments.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice.
PROHIBITED USES
You are prohibited from using the site or its content:
- for unlawful purposes;
- to violate laws or regulations;
- to infringe intellectual property rights;
- to harass, abuse, insult, or discriminate against others;
- to submit false information;
- to upload malicious code or viruses;
- to collect personal data of others;
- for spam, phishing, scraping, or immoral purposes;
- or to interfere with security features of the Service.
We reserve the right to terminate your use of the Service for violating prohibited uses.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.
You expressly agree that your use of the Service is at your sole risk. The Service and all products and services delivered to you are provided “as is” and “as available” without warranties of any kind, either express or implied.
Mood Breath and its affiliates, employees, agents, contractors, suppliers, and licensors shall not be liable for any direct, indirect, incidental, punitive, or consequential damages resulting from your use of the Service or any products obtained using the Service.
INDEMNIFICATION
You agree to indemnify and hold harmless Mood Breath and its affiliates, directors, employees, and partners from any claim or demand arising out of your breach of these Terms of Service or your violation of any law or rights of a third party.
SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law.
TERMINATION
These Terms of Service remain effective unless terminated by either you or us. We may terminate this agreement at any time without notice if we believe you have violated any term or provision of these Terms.
ENTIRE AGREEMENT
These Terms of Service and any policies posted by us constitute the entire agreement between you and us and govern your use of the Service.
GOVERNING 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 Rue des Lupins, Argenteuil, Île-de-France, 95100, France.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.