Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to kaminskadecor! The terms "we", "us" and "our" refer to kaminskadecor. kaminskadecor operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). kaminskadecor is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence, or that you have the legal capacity required under applicable law to use the Services and enter into purchases.
To use the Services, including accessing or browsing our online store or purchasing 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 store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance of products will be identical to how they are displayed on your particular device. Nothing in this provision affects any statutory guarantee, conformity requirement, or other mandatory consumer right applicable to your purchase.
All descriptions of products are subject to change at any time without notice where permitted by applicable law. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction on a case-by-case basis, subject to applicable law.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. kaminskadecor reserves the right to accept or decline your order where permitted by applicable law.
Your order is not accepted until kaminskadecor confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. Depending on the status of your order and your statutory rights, kaminskadecor may be unable to accommodate certain cancellation requests after an order has been accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made.
Your purchases are subject to our Refund Policy and any mandatory cancellation, withdrawal, return, refund, conformity and warranty rights provided under applicable law.
You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price applicable at the time the order is placed and will be set out in your order confirmation.
Applicable taxes, shipping charges, handling fees, customs charges or other costs will be displayed or communicated as required by applicable law.
Prices posted in our online store may be different from prices offered through other stores or platforms operated by third parties.
We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms applicable to a promotion and these Terms, the specific promotion terms will govern with respect to that promotion, subject to applicable law.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.
You agree to promptly update your account and other information, including your email address and payment information, where necessary so that we can complete your transactions and contact you as needed.
You represent and warrant that the payment information you provide is true, correct and complete, that you are duly authorized to use the selected payment method, and that you will pay charges incurred by you at the applicable prices, including shipping charges and applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
Delivery times displayed through the Services are estimates unless a specific delivery commitment is expressly provided or required by applicable law.
We are not responsible for delays caused by circumstances outside our reasonable control, subject to any mandatory consumer rights concerning delivery.
We will arrange delivery of your order to the address you provide.
Any provisions concerning transfer of risk, delayed delivery, lost shipments or damaged goods are subject to applicable mandatory consumer law. Nothing in these Terms transfers risk to a consumer earlier than permitted under applicable French or European Union law.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by kaminskadecor, its affiliates, licensors or other respective rights holders and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit protected material from the Services without appropriate authorization, except where such use is permitted by applicable law.
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 belonging to kaminskadecor, Shopify or any third party.
Unauthorized use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved.
kaminskadecor's names, logos, product and service names, designs and slogans may constitute trademarks or other protected intellectual property of kaminskadecor or its licensors. You must not use such protected materials without authorization where authorization is legally required.
Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify or its respective rights holders. All other names, logos, product and service names, designs and slogans appearing through the Services belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we may neither monitor nor have control over.
You acknowledge and agree that third-party tools may be provided "as is" and "as available" and may be subject to separate terms and conditions established by their respective providers.
To the extent permitted by applicable law, we shall not be responsible for issues arising exclusively from your use of optional third-party tools that we do not operate or control.
Any use by you of optional tools offered through the site is at your discretion, and you should ensure that you are familiar with and approve of the terms under which tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and may 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 embedded third-party functionality.
We are not responsible for examining or evaluating all content or information provided through independent third-party websites that we do not control.
If you decide to leave the Services to access third-party materials or websites, your use of those services may be subject to the third party's own terms and privacy policies.
To the extent permitted by applicable law, kaminskadecor is not responsible for harm or damages caused exclusively by independent third-party websites, products or services outside our control.
Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns or questions regarding third-party products and services should generally be directed to the relevant third party, without prejudice to any rights you may have against kaminskadecor under applicable law.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
kaminskadecor is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our Store are made directly with kaminskadecor.
By using the Services, you acknowledge that Shopify provides technology and ecommerce infrastructure supporting our store but is not the seller of products purchased directly from kaminskadecor.
The respective responsibilities of Shopify, kaminskadecor and other service providers are governed by applicable agreements and law.
Nothing in this section excludes rights or remedies that cannot legally be excluded or limited.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy.
By using the Services, you acknowledge that you have had the opportunity to review the applicable privacy information.
Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services.
Information you submit to the Services may be transmitted to and shared with Shopify as well as relevant third-party service providers, which may be located in countries other than where you reside, subject to applicable data protection requirements.
Please review our Privacy Policy for more details on how we, Shopify and our partners process personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us, to the extent permitted by applicable law, a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for purposes connected with operating, providing, evaluating, enhancing, improving and promoting the Services.
You represent and warrant that you own or have all necessary rights to the Feedback you submit, that you have disclosed any compensation or incentives where legally required, and that your Feedback complies with these Terms.
Except where required by applicable law, we are under no obligation to maintain voluntarily submitted Feedback in confidence, pay compensation for Feedback, or respond to Feedback.
We may monitor, edit or remove Feedback that we reasonably determine is unlawful, offensive, threatening, defamatory, obscene, fraudulent, infringes third-party rights or otherwise violates these Terms.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.
You further agree that your Feedback will not contain unlawful or abusive material, computer viruses or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise intentionally mislead us or third parties as to the origin of your Feedback.
You are responsible for Feedback you submit and its accuracy, subject to applicable law.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information where permitted by applicable law.
If an error concerns an order you have already submitted, we will handle the situation in accordance with applicable contract and consumer protection laws.
Nothing in this section limits your mandatory consumer rights.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any applicable international, European Union, national or local regulations, rules or laws;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, threaten, defame, intimidate or unlawfully harm our employees or any other person;
(e) to intentionally transmit false, fraudulent or misleading information;
(f) to knowingly send, receive, upload, download, use or reuse material in violation of these Terms or applicable law;
(g) to transmit or procure the sending of unlawful or unauthorized advertising or promotional material, including spam;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in conduct that unlawfully restricts or inhibits another person's use or enjoyment of the Services, compromises the security of the Services, or exposes kaminskadecor, Shopify, our customers or other persons to unlawful harm.
In addition, you agree not to knowingly upload or transmit viruses or malicious code designed to interfere with the Services; unlawfully reproduce, duplicate, copy, extract, sell, resell or exploit protected portions of the Services; unlawfully collect or track personal information belonging to others; engage in phishing or similar fraudulent practices; circumvent technical security measures; or otherwise interfere with the security and proper operation of the Services.
We reserve the right to suspend, disable or terminate access to the Services where reasonably necessary and permitted by applicable law if we determine that these Terms have been materially violated.
SECTION 14 - AGENTS
14.1
This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services.
"Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can be executed without continuous direct supervision.
14.2
No Agent may access, use or interact with the Services in violation of these Terms, applicable law, or technical measures lawfully implemented to protect the Services.
Where reasonably required for security and transparency, automated Agents accessing the Services must identify themselves appropriately.
14.3
We may use reasonable technical measures to manage whether and how automated Agents access, use and interact with the Services.
14.4
Agents must not conceal or intentionally misrepresent their automated nature where identification is required, unlawfully circumvent CAPTCHAs or other access controls, misrepresent themselves as human users when specifically asked to identify their nature, or circumvent measures intended to lawfully block, limit, modify or control automated access to the Services.
Nothing in this section authorizes conduct prohibited by applicable law.
SECTION 15 - TERMINATION
We may terminate or suspend access to the Services, or any part thereof, where permitted by applicable law, including in cases involving material violations of these Terms, fraud, abuse or security risks.
You will remain responsible for amounts lawfully due up to and including the effective date of termination.
Provisions that by their nature should continue following termination will remain applicable, including provisions relating to intellectual property, privacy, outstanding payment obligations, liability and dispute resolution, subject to applicable law.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information presented on or through the Services is provided for general information purposes where applicable.
We make reasonable efforts to ensure that information relating to products, prices and contractual conditions is accurate.
Except for warranties, guarantees and obligations that cannot legally be excluded, the availability of website functionality may depend on technical systems and third-party services and therefore cannot always be guaranteed to be uninterrupted or error-free.
Nothing in these Terms excludes or restricts any mandatory legal guarantee applicable to products sold to consumers, including any applicable legal guarantee of conformity or guarantee against hidden defects under French law.
Where applicable law does not permit a particular warranty disclaimer, that disclaimer does not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, kaminskadecor, its partners, employees, agents, contractors, service providers and licensors shall not be liable for losses that are indirect, unforeseeable, or caused exclusively by circumstances outside their reasonable control.
However, nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by applicable law.
In particular, nothing in these Terms is intended to exclude or limit mandatory consumer rights, statutory product guarantees, liability for fraud or intentional misconduct, or any other liability that cannot legally be excluded.
Any limitation of liability contained in these Terms shall apply only to the extent permitted by applicable French and European Union law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to be responsible for losses, damages, liabilities or claims payable to a third party where they directly result from your unlawful use of the Services, material breach of these Terms, or violation of third-party rights.
We will provide reasonable notice of claims where appropriate and legally required.
Any obligation under this section shall be interpreted and applied subject to mandatory consumer protection law and shall not impose liability on a consumer beyond what is permitted by applicable law.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
Where necessary, the unenforceable portion shall be deemed severed from these Terms of Service.
Such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the agreement governing your use of the Services, together with any mandatory terms imposed by applicable law.
They supersede prior versions of these Terms relating to the same subject matter, without affecting rights or obligations that have already arisen.
Any ambiguity in these Terms will be interpreted in accordance with applicable law, including applicable consumer protection principles.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign your contractual rights or obligations under these Terms where doing so would violate applicable law or materially affect our rights without our prior consent.
We may transfer, assign or delegate our rights and obligations in connection with a legitimate transfer or restructuring of the business where permitted by applicable law.
Any such transfer will remain subject to mandatory consumer protections and notification requirements where applicable.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable French law.
If you are a consumer residing in another country, this choice of law does not deprive you of mandatory consumer protections that apply to you under applicable law.
Nothing in these Terms restricts any right a consumer may have to bring proceedings before a court that has jurisdiction under applicable French or European Union rules.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO 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, subject to applicable law, to update, change or replace parts of these Terms of Service by posting updates and changes to our website.
Where required by applicable law, we will notify you of material changes.
Changes will become effective on the date specified in the applicable notice or updated Terms.
Changes to these Terms will not retroactively remove or restrict rights that you have already acquired under an existing contract where doing so would be prohibited by applicable law.
Your continued use of the Services after changes become effective may be subject to the updated Terms, to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
kaminskadecor
Wiktoria Kaminska
55 Rue Newton
62100 Calais
France
Email: wiktoriakaminskaaaa@inbox.eu