Terms of sale and use
Overview
This website is operated by Acose. Throughout the site, the terms “we”, “us” and “our” refer to Acose. Acose offers this website, including all information, tools and services available from this site to you, the user, subject to your acceptance of 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 these terms (“Terms of Service”), including the additional terms, conditions and policies referenced here or available by hyperlink. These terms apply to all users of the site, including browsers, vendors, customers, merchants and contributors of content.
Please read these terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms. If you do not agree to all terms and conditions, you may not access the website or use its services. If these terms are considered an offer, acceptance is expressly limited to these terms.
Any new features or tools added to the store are also subject to these terms. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part by posting updates or changes to our website. You are responsible for checking this page periodically. Your continued use of or access to the site after changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services.
1. Online store terms
By agreeing to these terms, you represent that you are at least the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependants to use this website.
You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, violate any laws in your jurisdiction, including copyright laws. You must not transmit worms, viruses or any destructive code. A breach of these terms will result in the immediate termination of your Services.
2. 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 transmissions over various networks and changes to conform and adapt to the 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 part or use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission. Headings are included for convenience only and do not limit or otherwise affect these terms.
Acose is not the importer of products offered on its website. The customer is the importer. This statement does not limit any obligations that apply to Acose under mandatory law.
3. Accuracy, completeness and timeliness of information
We are not responsible if information on this site is not accurate, complete or current. Site material is provided for general information only and should not be relied on as the sole basis for decisions without consulting primary, more accurate, complete or timely sources. Any reliance on site material is at your own risk.
This site may contain historical information, which is not current and is provided for reference only. We may modify site content at any time but have no obligation to update information on our site. You agree that it is your responsibility to monitor changes.
4. Changes to the Service and prices
Product prices may change without notice. We reserve the right to modify or discontinue the Service, or any part or content, without notice at any time. Subject to mandatory consumer rights, we will not be liable to you or a third party for a modification, price change, suspension or discontinuance.
Prices on this Australian store are shown in Australian dollars (AUD). Shipping charges and any applicable taxes are displayed at checkout.
5. Products or services
Certain products or services may be available exclusively online through the website, in limited quantities, and may only be returned or exchanged in accordance with our refund policy and applicable consumer law.
We have made every effort to display product colours and images as accurately as possible. We cannot guarantee that your computer monitor will display colours accurately.
We reserve the right, but are not obliged, to limit sales to any person, geographic region or jurisdiction, on a case-by-case basis; to limit quantities; and to discontinue a product at any time. Descriptions and prices may change at our sole discretion without notice. Any offer is void where prohibited by law. Subject to mandatory consumer rights, we do not warrant that all products, services, information or other material obtained will meet your expectations or that errors in the Service will be corrected.
6. Accuracy of billing and account information
We reserve the right to refuse any order. We may limit or cancel quantities per person, household or order, including orders placed through the same account, credit card, billing address or shipping address. If we change or cancel an order, we may try to notify you using the email, billing address or telephone number provided when the order was placed. We may limit or prohibit orders that appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information and promptly update your account and other information, including your email address and credit card numbers and expiry dates, so we can complete transactions and contact you as needed. Please review our refund policy for more details.
7. Optional tools
We may provide access to third-party tools over which we have no control, input or monitoring. You acknowledge that such tools are provided “as is” and “as available”, without warranties, representations, conditions or endorsement, to the extent permitted by law. Use of optional tools is at your own risk and discretion. Ensure that you understand and approve the terms provided by the relevant third-party provider. New services or features, including new tools and resources, are also subject to these terms.
8. Third-party links
Certain content, products and services may include third-party materials. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and do not warrant or assume liability for third-party materials, websites, products or services, to the extent permitted by law.
Review third-party policies and practices carefully before engaging in a transaction. Complaints, claims, concerns or questions about third-party products should be directed to that third party.
9. User comments, feedback and submissions
If you send submissions at our request, such as contest entries, or send creative ideas, suggestions, proposals, plans or other materials without a request, online, by email, by post or otherwise (“comments”), you agree that we may edit, copy, publish, distribute, translate and otherwise use them in any medium without restriction. We are not obliged to maintain comments in confidence, pay compensation or respond.
We may, but are not obliged to, monitor, edit or remove content that we determine is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or violates intellectual property or these terms.
Your comments must not violate any third party’s rights, including copyright, trademark, privacy, personality or other rights; contain unlawful, abusive or obscene material; or contain viruses or malware affecting the Service or a related website. You must not use a false email address, impersonate someone else or mislead us or third parties about the origin of comments. You are solely responsible for your comments and their accuracy. We assume no liability for comments posted by you or a third party, to the extent permitted by law.
10. Personal information
Your submission of personal information through the store is governed by our Privacy Policy.
11. Errors, inaccuracies and omissions
Information on our site or in the Service may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct them, change or update information, or cancel orders if information is inaccurate, at any time without prior notice, including after an order has been submitted, subject to applicable law.
We undertake no obligation to update, amend or clarify information, including pricing, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.
12. Prohibited uses
In addition to other prohibitions, you may not use the site or its content: for an unlawful purpose; to solicit unlawful acts; to violate international, federal, provincial, state or local regulations, rules, laws or ordinances; to infringe our intellectual property or others’ rights; to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; to submit false or misleading information; to upload or transmit viruses or malicious code affecting the Service, a related website, other websites or the internet; to collect or track others’ personal information; to spam, phish, pharm, pretext, spider, crawl or scrape; for an obscene or immoral purpose; or to interfere with security features. We may terminate your use of the Service or a related website for a prohibited use.
13. Disclaimer of warranties and limitation of liability
To the extent permitted by law, we do not guarantee that use of the Service will be uninterrupted, timely, secure or error-free, or that results obtained will be accurate or reliable. We may remove the Service for indefinite periods or cancel it at any time without notice.
To the extent permitted by law, use of or inability to use the Service is at your own risk. The Service and products and services delivered through it are provided “as is” and “as available”, except as expressly stated, without representations, warranties or conditions, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.
To the extent permitted by law, Acose and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors will not be liable for injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damage, including lost profits, revenue, savings or data, replacement costs or similar damage, whether based in contract, tort, negligence, strict liability or otherwise, arising from use of the Service or a product obtained through it, or related claims, including errors or omissions in content and losses resulting from content or products posted, transmitted or made available through the Service, even if advised of the possibility. Where a jurisdiction does not allow such exclusions or limitations, liability is limited only to the extent lawfully permitted.
14. Indemnification
To the extent permitted by law, you agree to indemnify, defend and hold harmless Acose, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from third-party claims or demands, including reasonable legal fees, arising from your breach of these terms or the documents they incorporate, or your violation of law or a third party’s rights.
15. Severability
If a provision is found unlawful, void or unenforceable, it remains enforceable to the fullest extent permitted by law, and its unenforceable part is severed without affecting the validity or enforceability of the remaining provisions.
16. Termination
Obligations and liabilities incurred before termination survive termination for all purposes. These terms remain effective until terminated by you or us. You may terminate at any time by notifying us that you no longer wish to use our Services, or by ceasing to use the site.
If, in our sole judgment, you fail or we suspect that you have failed to comply with a term, we may terminate this agreement without notice. You remain liable for amounts due up to and including termination, and we may deny access to the Services or part of them.
17. Entire agreement
Failure by us to exercise or enforce a right or provision is not a waiver. These terms and any policies or operating rules posted on the site or concerning the Service constitute the entire agreement and understanding between you and us, govern use of the Service, and supersede prior or contemporaneous agreements, communications and proposals, oral or written, including earlier versions of these terms. Ambiguities must not be interpreted against the drafting party.
18. Governing law and Australian consumer rights
Acose is based in Martinique, France. These terms and any separate agreements for our Services are governed by French law, subject to any mandatory laws that apply to you.
Nothing in these terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law. Australian consumer guarantees apply to customers in Australia and prevail over any inconsistent term above. See our refund policy.
19. Changes to the terms
You can review the current version at any time on this page. We may update, change or replace any part by posting updates or changes to our website. You are responsible for checking periodically. Continued use of or access to the site or Service following changes constitutes acceptance.
20. Contact information
Questions about these terms should be sent to contact@acoselife.com.