Terms of service

Oui — voici la version anglaise complète de tes Conditions de service, en conservant la structure du document Shopify et les 24 sections. Texte collé

Terms of Service

OVERVIEW

Welcome to SOMNELA! The terms “we,” “us,” and “our” refer to SOMNELA. SOMNELA operates this store and 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”).

SOMNELA is a Shopify-powered store, which enables us to provide you with the Services.

The following Terms of Service, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover matters 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 our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you must not use or access our Services. Texte collé

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you consent to allowing any minor under your care to use the Services on devices that you own, purchase, or manage.

To use the Services, including to access or browse our online stores or purchase any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide to our stores is accurate, 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 associated with your account. You may not transfer, sell, assign, or license your account to another person. Texte collé

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen depending on the type of device you use to access the store, as well as your device settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be the same as those described or displayed in our online stores.

All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue 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. Texte collé

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. SOMNELA reserves the right to accept or refuse your order for any reason, at its discretion.

Your order is not accepted until SOMNELA has confirmed its acceptance. We must receive and process your payment before your order is accepted.

Please carefully review your order before submitting it, as SOMNELA may not be able to accommodate cancellation requests after an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or telephone number provided at the time the order was placed.

Your purchases may only be returned or exchanged in accordance with our Refund Policy.

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export. Texte collé

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may be changed without notice.

The price charged for a product or service will be the price in effect when the order is placed and will be indicated in your order confirmation email.

Unless otherwise stated, displayed prices do not include taxes, shipping and handling charges, customs duties, or import fees.

Prices displayed in our online stores may differ from prices offered in physical stores or in online stores or other channels operated by third parties.

From time to time, we may offer promotions through the Services that may affect pricing and that may be governed by separate Terms and Conditions. In the event of a 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 through 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 can complete your transactions and contact you when necessary.

You represent and warrant that:

  1. the credit card information you provide is true, accurate, and complete;
  2. you are duly authorized to use the credit card for the purchase;
  3. charges incurred by you will be honored by your credit card provider; and
  4. you will pay all charges incurred by you at the prices displayed, including shipping and handling charges and all applicable taxes, where applicable. Texte collé

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 carriers, customs processing, or events beyond our control.

Once we transfer the products to the carrier, title to the products and the risk of loss transfer to you. Texte collé

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, without limitation, all registered trademarks, trademarks, text, displays, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are the property of SOMNELA, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for personal and non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works from, 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 shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property rights of SOMNELA, Shopify, or any third party.

Unauthorized use of the Services may constitute a violation of federal, national, or other applicable intellectual property laws.

All rights not expressly granted herein are reserved by SOMNELA.

SOMNELA's names, logos, product and service names, designs, and slogans are trademarks of SOMNELA or its affiliates or licensors.

You may not use these trademarks without the prior written consent of SOMNELA.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners. Texte collé

SECTION 7 – OPTIONAL TOOLS

You may have access to third-party customer tools made available through the Services that we do not monitor and over which we have no control or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations, or conditions of any kind and without 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 through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider(s).

We may also introduce new features through the Services in the future, including new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Service. Texte collé

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features.

We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you choose to access.

If you decide to leave the Services to access such materials or third-party websites, 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 your purchase or use of products, services, resources, or content on third-party websites.

Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party. Texte collé

SECTION 9 – RELATIONSHIP WITH SHOPIFY

SOMNELA is powered by Shopify, which enables us to provide the Services.

However, sales and purchases made through our Store are conducted directly with SOMNELA.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and SOMNELA, including any injury, damage, or loss arising from products or services purchased.

You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from or relating to your purchases and transactions with SOMNELA. Texte collé

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be accessed through the relevant link on our website.

Certain personal information may also be subject to Shopify's Privacy Policy.

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 relating to your access to and use of the Services in order to provide and improve them.

Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, in order to provide the Services.

Please consult our Privacy Policy for further information about how we, Shopify, and our partners use your personal information. Texte collé

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 a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.

For example, we may use the rights granted under this license to operate, provide, evaluate, develop, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:

  1. you own or have all necessary rights to all Feedback;
  2. you have disclosed any compensation or incentive received in connection with your submission of Feedback; and
  3. your Feedback complies with these Terms.

We have no obligation:

  1. to maintain the confidentiality of your Feedback;
  2. to provide 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, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you submit and its accuracy.

We assume no responsibility or liability for any Feedback posted by you or any third party. Texte collé

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information on or within the Services may contain 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 any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order. Texte collé

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:

  • for any unlawful or malicious purpose;
  • to violate any international, federal, national, provincial, or local regulation, rule, or law;
  • to infringe or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person;
  • to transmit false or misleading information;
  • to upload, download, use, knowingly receive, or reuse any material that does not comply with these Terms;
  • to transmit or facilitate the sending of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations;
  • to impersonate or attempt to impersonate another person or entity; or
  • to engage in any other conduct that restricts or prevents anyone from using or enjoying the Services, or that, in our opinion, may harm SOMNELA, Shopify, or users of the Services or expose them to liability.

In addition, you agree not to:

  • upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;
  • reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
  • collect or track the personal information of others;
  • engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or
  • interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms. Texte collé

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 shall survive 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. Texte collé

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes only.

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

We disclaim